New School (Admissions) (England) Regulations 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/2666 |
1999 No. 2666
EDUCATION, ENGLAND
The New School (Admissions) (England) Regulations 1999
Made 21th September 1999
Laid before Parliament 22th September 1999
Coming into force 18th October 1999
In exercise of the powers conferred on the Secretary of State by sections 72, 138(7) and (8) of, and paragraph 1(9) of Schedule 10 to, the School Standards and Framework Act 19981, the Secretary of State for Education and Employment hereby makes the following Regulations:
Citation, commencement, extent and application
1.—(1) These Regulations may be cited as the New School (Admissions) (England) Regulations 1999 and shall come into force on 18th October 1999.
(2) These Regulations apply in relation to new schools in England which, in the school year in which they will first admit pupils, are to be community, foundation or voluntary schools.
(3) Regulations 4, 5 and 6 shall not apply in relation to a new school where the admission authority for such a school, established in connection with proposals involving the discontinuance of another school maintained by a local education authority, determine that the initial admission arrangements shall be the same as those of that school.
Interpretation
2. In these Regulations, unless the context otherwise requires—
“the 1996 Act” means the Education Act 19962;
“the 1998 Act” means the School Standards and Framework Act 1998;
“S.I. 1999/124” means the Education (Relevant Areas for Consultation on Admission Arrangements) Regulations 19993;
“S.I. 1999/125” means the Education (Objections to Admissions Arrangements) Regulations 19994;
“S.I. 1999/362” means the Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 19995;
“S.I. 1999/704” means the Education (Transition to New Framework) (School Organisation Proposals) Regulations 19996;
“admission authority”, in relation to a new school, means the person or body responsible under regulation 3 for making the school’s initial admission arrangements;
“initial year”, in relation to a new school, means the school year in which pupils are (or, it is intended, should be) admitted to the school;
“initial admission arrangements”, in relation to a new school, means the arrangements for the admission of children to the school (including the school’s admission policy) for the initial year and the following school year;
“main entrance” means the principal entrance to the school premises in question, or (if the school has more than one site) the principal entrance to the main administrative building of the school;
“maintained school” means a community, foundation or voluntary school;
“new school” means a new school within the meaning of section 72(3) of the 1998 Act or a school or proposed school with a temporary governing body as defined by these Regulations;
“school opening date”, in relation to a new school, means the date when the school first admits pupils;
“temporary governing body” means—
(a) a temporary governing body constituted under section 44 of the 1998 Act,
(b) a transitional governing body treated as so constituted by virtue of regulation 13(5) of S.I. 1999/362, or
(c) a temporary governing body treated as so constituted by virtue of regulation 13 of S.I. 1999/704.
Responsibility for initial admission arrangements
3.—(1) The initial admission arrangements for a new school which is to be a community or voluntary controlled school shall be made by—
(a)
(a) the local education authority, or
(b)
(b) the temporary governing body where, with the agreement of that body, the local education authority have delegated to them responsibility for determining those arrangements.
(2) The initial admission arrangements for a new school which is to be a foundation or voluntary aided school shall be made by—
(a)
(a) the temporary governing body, or
(b)
(b) the promoters where—
(i) that body have not yet been constituted, and
(ii) the promoters consider it expedient for the admission arrangements to be determined without delay.
Procedure for determining admission arrangements
4.—(1) The admission authority for a new school shall determine the initial admission arrangements not less than 6 months before the school opening date.
(2) Before determining the initial admission arrangements the admission authority shall consult the following about the proposed arrangements, namely—
(a)
(a) in the case of a local education authority, every local education authority any part of whose area adjoins the area of the consulting authority;
(b)
(b) in the case of a temporary governing body or promoters, every local education authority any part of whose area lies within, or adjoins, the relevant area; and
(c)
(c) in all cases, the admission authorities for all other maintained schools in the relevant area.
(3) In paragraph (2) “the relevant area” is—
(a)
(a) in the case of a school which will first admit pupils before the school year commencing in 2001, the area described by a circle—
(i) of which the centre is the proposed main entrance to the new school; and
(ii) which has a radius of 4.83 kilometres (3 miles);
(b)
(b) in the case of a school which will first admit pupils in the school year commencing in 2001 or in any later school year, the relevant area or relevant areas determined by the local education authority in accordance with S.I. 1999/124.
(4) A school is only to be regarded as within the relevant area prescribed by paragraph (3)(a) if its main entrance lies within that area.
(5) In relation to the proposed initial admission arrangements for a primary school, paragraph (2) shall only require the admission authority to consult the admission authorities for other schools in the relevant area which are primary schools.
(6) Where the local education authority are the admission authority for a community or voluntary controlled school, for which a temporary governing body have been constituted (or are treated as having been constituted), they shall when preparing proposed initial admission arrangements for consultation under paragraph (2), consult that temporary governing body about the initial admission arrangements which the authority may propose for the school.
(7) Once the admission authority have carried out any consultation under paragraph (2), the authority shall—
(a)
(a) determine that their proposed arrangements (either in their original form or with such modifications as the authority think fit) shall be the initial admission arrangements; and
(b)
(b) notify the bodies whom they consulted under paragraph (2) of those arrangements.
Reference of objections to the adjudicator
5.—(1) Where—
(a)
(a) initial admission arrangements have been determined by an admission authority under regulation 4(7), but
(b)
(b) a body consulted by the admission authority under regulation 4(2) wish to make an objection about those arrangements, and
(c)
(c) the objection does not fall within any description of objections prescribed by regulation 2(2) of S.I. 1999/125,
that body may refer the objection to the adjudicator.
(2) Subject to paragraph (3) an objection may not be referred under paragraph (1) unless it is received by the adjudicator within 6 weeks after the receipt by the objecting admission authority of the notification required by virtue of regulation 4(7)(b).
(3) An objection which is received after the end of the period specified in paragraph (2) shall nevertheless be regarded as properly referred if the adjudicator is satisfied that it was not reasonably practicable for the objection to have been received earlier than the time when it was received.
(4) On a reference under paragraph (1) the adjudicator shall either—
(a)
(a) decide whether, and (if so) to what extent, the objection should be upheld, or
(b)
(b) where the objection is about any criterion for admission to a school relating to a person’s religion, religious denomination or religious practice, refer it to the Secretary of State for that question to be decided by him,
save that nothing in this paragraph shall require the adjudicator or the Secretary of State (as the case may be) to take such steps before the proposals required to be published under section 28(1) and (2) of the 1998 Act have been approved in accordance with the provisions of Schedule 6 to that Act.
(5) Where the objection is referred to the Secretary of State under paragraph (4)(b), the adjudicator shall, if the Secretary of State so requests, give his advice on the question referred to in that provision.
(6) Where the adjudicator or the Secretary of State decides that an objection should be upheld to any extent, his decision on the objection may specify the modifications that are...
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