Regulation 9
1. The following provisions of the Education Acts, namely—
(a)sections 324(5)(b), 324(5A) and 439 of the Education Act 1996;
(b)sections 1, 84, 85A, 86, 87, 89B, 89C, 92, 94, 95 to 99, 101, 102 and 103(3) of the 1998 Act;
(c)any Regulations made under any of the provisions referred to in sub-paragraphs (a) and (b) above,
apply in relation to a new school but subject to the exceptions and modifications specified in paragraphs 2 to 8 below.
2. A reference in any of the provisions specified in paragraph 1 to a school of one of the following categories, namely—
(a)a maintained school;
(b)a school maintained by a local education authority;
(c)a community, foundation or voluntary school,
are to be construed as a reference to a new school which will become a school of that category when it first admits pupils.
3. A reference in any of those provisions to a governing body of a school is to have effect as if it were a reference to a temporary governing body or (where the context admits) to any other person responsible for the admission of pupils under the initial admission arrangements.
4. A reference in any of those provisions to admission arrangements is to be construed as a reference to initial admission arrangements as defined in regulation 3.
5. A reference in any of those provisions to an admission authority is to have effect as if it were a reference to an admission authority as defined in regulation 3.
6. Section 101(1) of the 1998 Act is to have effect as if in sub-paragraph (a) for the words “any year” there is to be substituted “the year in which pupils are first to be admitted to a new school”.
7. Section 103(3) of the 1998 Act is to have effect as if the words “(whether authorised by section 100 or section 101)” were omitted.
8. Part 4 of the Education (School Information) (Wales) Regulations 1999(1) is not to apply in relation to any new school, the school opening date for which is between 15 April and 1 August in any year.
S.I. 1999/1812 as amended by S.I. 2001/1111 (W.55), S.I. 2001/3710 (W.306), S.I. 2002/1400 (W.139), S.I 2004/1736 (W.179).