The Information as to Provision of Education (England) Regulations 2016

Citation, commencement and application E+W

1.—(1) These Regulations may be cited as the Information as to Provision of Education (England) Regulations 2016 and come into force on 31st May 2016.

(2) These Regulations apply only in relation to local authorities in England.

Commencement Information

I1 Reg. 1 in force at 31.5.2016, see reg. 1(1)

Interpretation E+W

2.  In these Regulations, “school year” means the period of 12 months commencing on 1st September unless the school has a term beginning in August, in which case it means the period of 12 months beginning on 1st August.

Commencement Information

I2 Reg. 2 in force at 31.5.2016, see reg. 1(1)

Information to be provided to the Secretary of State by local authorities E+W

3.  A local authority must provide the Secretary of State each year with the information specified in Schedule 1 in the period beginning on 1st June and ending on 10th August.

Commencement Information

I3 Reg. 3 in force at 31.5.2016, see reg. 1(1)

Reports to be provided to the Secretary of State by local authorities E+W

4.—(1) A local authority must provide the Secretary of State each year with a report containing the information specified in Schedule 2 in relation to the admission to—

(a) primary schools; and

(b) secondary schools,

of pupils living in the area of the local authority.

(2) The information in each report provided under paragraph (1) must be correct as at the national offer date for primary schools and secondary schools as the case may be.

(3) Each report provided under paragraph (1) must be provided no later than five working days after the relevant national offer date.

(4) A local authority may provide the Secretary of State each year with a report containing the information specified in Schedule 2 in relation to the admission to secondary schools of pupils living in the area of the local authority.

(5) The information in any report provided under paragraph (4) must be correct as at 1st September (or, in any year in which 1st September is not a working day, the next working day) in relation to the school year commencing in the August or September of that calendar year.

(6) Each report provided under paragraph (4) must be provided by no later than 8th September (or, in any year in which 8th September is not a working day, by no later than the next working day).

(7) In this regulation—

“national offer date” means the date prescribed for the purposes of section 88M(4)(b) of the School Standards and Framework Act 1998 (1);

“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 (2).

(8) For the purposes of this regulation and Schedule 2, “school” means a community, foundation or voluntary school, or an Academy.

Commencement Information

I4 Reg. 4 in force at 31.5.2016, see reg. 1(1)

Determination of capacity of a school E+W

5.  The capacity of a school is to be determined in accordance with the method of assessment provided in the guidance, “Assessing the Net Capacity of Schools”, issued by the Department for Education and Skills in August 2002 (3).

Commencement Information

I5 Reg. 5 in force at 31.5.2016, see reg. 1(1)

Revocations E+W

6.  The Regulations set out in Schedule 3 are revoked.

Commencement Information

I6 Reg. 6 in force at 31.5.2016, see reg. 1(1)

John Nash

Parliamentary Under Secretary of State

Department for Education

3rd May 2016