The School Admissions Code (Appointed Day) (Wales) Order 2013

Welsh Statutory Instruments

2013 No. 1659 (W. 157)

Education, Wales

The School Admissions Code (Appointed Day) (Wales) Order 2013

Made

3 July 2013

The Welsh Ministers in exercise of the power conferred on the Secretary of State by section 85(5) of the School Standards and Framework Act 1998 and now vested in them(1) make the following Order:

Title and application

1.—(1) The title of this Order is the School Admissions Code (Appointed Day) (Wales) Order 2013.

(2) This Order applies in relation to Wales.

Appointed Day

2.  The day appointed for the coming into force of the School Admissions Code (a copy of a draft of which was laid before the National Assembly for Wales on 15 May 2013) is 8 July 2013.

Huw Lewis

Minister for Education and Skills, one of the Welsh Ministers

3 July 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order appoints 8 July 2013 as the day on which the School Admissions Code (“the Code”) issued under sections 84 and 85 of the School Standards and Framework Act 1998 (“the SSFA 1998”) by the Welsh Ministers, comes into force. The Code applies in relation to Wales and in respect of admissions to the School Year 2014/2015 and subsequent years. The Code replaces the School Admissions Code which came into force on 15 July 2009.

The Code imposes requirements and includes guidelines setting out aims, objectives or other matters in relation to the arrangements for admission to schools. Under section 84(3) of the SSFA 1998, it is the duty of local education authorities, the governing bodies of maintained schools, admission forums, and appeal panels, when exercising functions under Chapter 1 of Part 3 of the SSFA 1998, to act in accordance with any relevant provisions of the Code. In addition, any other person, when exercising any function for the purpose of the discharge by a local education authority or the governing body of a maintained school of functions under that Chapter, must act in accordance with any relevant provisions of the Code.

The main changes introduced in this Code include:

(a) a requirement that admission authorities’ oversubscription criteria includes alongside ‘looked after children’, ‘previously looked after children’ as the first criterion in all instances;

(b) the setting of common offer dates on which decision letters must be issued within each local authority on a phased basis;

(c) a requirement that waiting lists are maintained until 30 September where schools are oversubscribed;

(d) additional exceptions to the class size legislation;

(e) more opportunities to vary existing admission arrangements without reference to the Welsh Ministers.

(1)

1998 c.31. The function of the Secretary of State under this section was transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and then to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c.32).