New School (Admissions) (England) Regulations 2003

JurisdictionUK Non-devolved
CitationSI 2003/1041

2003 No. 1041

EDUCATION, ENGLAND

The New School (Admissions) (England) Regulations 2003

Made 7th April 2003

Laid before Parliament 14th April 2003

Coming into force 8th May 2003

The exercise of the powers conferred on the Secretary of State by sections 72 and 138(7) of the School Standards and Framework Act1, the Secretary of State for Education and Skills hereby makes the following Regulations:

S-1 Citation, commencement and application

Citation, commencement and application

1.—(1) These Regulations may be cited as the New School (Admissions) (England) Regulations 2003 and shall come into force on 8th May 2003.

(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 5,6 and 7 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 the discontinued school.

S-2 Revocation

Revocation

2.—(1) Subject to paragraph (2), the New School (Admissions) (England) Regulations 19992are hereby revoked.

(2) The New School (Admissions) (England) Regulations 1999 shall continue to have effect in relation to any school established under section 28 of the 1998 Act the opening date for which is before the school year 2004-05, and nothing in these Regulations shall apply in relation to such a school.

S-3 Interpretation

Interpretation

3. In these Regulations—

the 1998 Act” means the School Standards and Framework Act 1998;

the 2000 Act” means the Learning and Skills Act 20003;

“the 2002 Act” means the Education Act 20024;

“S.I. 1999/124” means the Education (Relevant Areas for Consultation on Admission Arrangements) Regulations 19995;

“S.I. 1999/125” means the Education (Objections to Admission Arrangements) Regulations 19996;

“admission authority”, in relation to a new school, means the person or body responsible under regulation 4 for making the school’s initial admission arrangements;

“admission number” means the number of pupils in any relevant age group intended to be admitted to the school as determined by an admission authority in accordance with regulation 6;

“indicated admission number” means the number of pupils in any relevant age group referred to as such in, and determined in accordance with the net capacity assessment method set out in, the guidance, Assessing the Net Capacity of Schools7, issued by the Department for Education and Skills in August 2002;

“initial year”, in relation to a new school, means the first 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) determined by an admission authority in accordance with regulation 5(1);

“maintained school” means a community, foundation or voluntary school;

“new school” means a new school within the meaning of section 72(3)8of the 1998 Act;

“relevant committee”, in relation to a maintained school, means the school organisation committee for the area of the local education authority who maintain the school;

“school opening date”, in relation to a new school, means the date when the school first admits pupils;

“temporary governing body” means a temporary governing body constituted under section 34 of the 2002 Act.

S-4 Responsibility for initial admission arrangements

Responsibility for initial admission arrangements

4.—(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 a voluntary aided school shall be made by—

(a)

(a) the temporary governing body, or

(b)

(b) (unless sub-paragraph (c) applies) the promoters where—

(i) the temporary governing body have not yet been constituted, and

(ii) the promoters consider it expedient for the admission arrangements to be determined without delay, or

(c)

(c) in the case of a foundation school which is to be established by a local education authority pursuant to proposals published under section 28(1)(a) of the 1998 Act, that authority where—

(i) the temporary governing body have not yet been constituted, and

(ii) that authority considers it expedient for the admission arrangements to be determined without delay.

S-5 Procedure for determining admission arrangements

Procedure for determining admission arrangements

5.—(1) The admission authority for a new school shall determine the initial admission arrangements for the initial year and the following school year not less than 6 months before the school opening date.

(2) Subject to paragraph (4), before determining the initial admission arrangements the admission authority shall consult the following about the proposed arrangements, namely—

(a)

(a) where the local education authority are the admission authority, every local education authority any part of whose area adjoins the area of the consulting authority;

(b)

(b) where the temporary governing body or promoters are the admission authority, every local education authority any part of whose area lies within, or adjoins, the relevant area; and

(c)

(c) in all cases—

(i) the admission authorities for all other maintained schools in the relevant area;

(ii) the governing bodies of all community and voluntary controlled schools (so far as not falling within paragraph (i)) in the relevant area.

(3) In paragraph (2) “the relevant area” is the relevant area or relevant areas determined by the local education authority in accordance with S.I. 1999/124.

(4) In relation to the proposed initial admission arrangements for a primary school, paragraph (2) shall only require the admission authority to consult—

(a)

(a) the admission authorities for other schools in the relevant area which are primary schools; and

(b)

(b) the governing bodies of all community and voluntary controlled schools (so far as not falling within subparagraph (a)) in the relevant area which are primary schools.

(5) The admission authority for a foundation or voluntary school which is a Church of England school as defined by section 142(1) of the 1998 Act, shall, when preparing initial admission arrangements for consultation under paragraph (2), consult the Diocesan Board of Education about the initial admission arrangements which they propose to determine for the school.

(6) 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) within 14 days of that determination notify the persons whom they consulted under paragraph (2) of those arrangements.

S-6 Determination of Admission Number

Determination of Admission Number

6.—(1) Subject to paragraph (3), a determination under regulation 5(1) by the admission authority of the initial admission arrangements shall include an admission number determined for each relevant age group in accordance with paragraph (2).

(2) In relation to a new school to be established pursuant to—

(a)

(a) proposals published under section 28 of the 1998 Act, the admission number shall be the same as any admission number stated in any notice of the proposals required to be published pursuant to regulations9made under subsection (3) of that section, or (if applicable) as modified by the relevant committee under paragraphs 3(2) or 5(2) of Schedule 6 to the 1998 Act, or (as the case may be) by the adjudicator under paragraphs 3(7) or 5(7) of that Schedule;

(b)

(b) proposals made under section 113A of the 2000 Act, the admission number shall be the same as any admission number stated in any notice of the proposals required to be published pursuant to regulations10made under subsection (9) of that section, or (if applicable) as modified by the Secretary of State under subsection (5) of that section, or under paragraph 1(3) of Schedule 7A to that Act11;

(c)

(c) proposals published under section 70 of the 2002 Act, the admission number shall be the same as any admission number stated in any notice of the proposals required to be published pursuant to Regulations made under subsections (5) and (6) of that section, or (if applicable) as modified by the Secretary of State under paragraphs 3(1) or 5(2) of Schedule 8 to that Act.

(3) Paragraph (4) applies in any case where at the time when the initial admission arrangements are determined by the admission authority any proposals referred to in paragraph (2) to which those arrangements relate have not been approved.

(4) Where this paragraph applies—

(a)

(a) the admission authority shall determine for each relevant age group an admission number which shall be the same as the admission number stated in any notice of proposals referred to in paragraph (2);

(b)

(b) an admission number determined in accordance with sub-paragraph (a) shall be deemed to be a provisional admission number pending approval of the admission number stated in the proposals or (as the case may be) modification of that admission number as described in sub-paragraphs (a), (b) and (c) of paragraph (2); and

(c)

(c) (except where the context otherwise requires) any reference in these Regulations to an admission number shall have effect as if it were a reference to a provisional admission number.

S-7 References of objections to the...

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