The Education (Objections to Admission Arrangements) (Wales) Regulations 2006

Part 2 Reference of Objections by Parents

Parents who are eligible to refer an objection

6.  For the purposes of section 90(2)(b) the description of a parent who may refer an objection relating to admission arrangements under that subsection is an individual who is—

(a) where the objection falls within regulation 7(1)(a), the parent of a child of compulsory school age receiving primary education; or

(b) where the objection falls within regulation 7(1)(b), the parent of a child who has attained the age of two but has not attained the age of five or whose child is of compulsory school age receiving primary education,

and (in either case) is resident in the relevant area for which consultation under section 89(2)(b) relating to those admission arrangements applies.

Objections that may be referred by parents

7.—(1) For the purposes of section 90(2)(c) the description of objection that may be referred under section 90(2) is—

(a) an objection relating to pre-existing selection arrangements;

(b) an objection relating to an admission number for any relevant age group which is lower than the indicated admission number for that age group.

(2) For the purpose of this regulation,

(a) “selection arrangements” (“trefniadau dethol”) means those arrangements (if any) in the admission arrangements determined for a school for a particular school year which make provision for the selection of pupils by ability within the meaning of section 99(5); and

(b) selection arrangements are to be regarded as pre-existing if they—

(i) continue from provision made by the admission arrangements for the school in question at the beginning of the 1997/98 school year and made by successive admission arrangements for the school since that time, and

(ii) depend solely for their lawfulness on section 100.

(3) For the purpose of paragraph (2)(b)(ii), selection arrangements are to be regarded as depending solely for their lawfulness on section 100 if they are not rendered lawful by virtue of section 99(1) and (2)(c) (sixth forms), or section 101 (pupil banding).

Condition to be met before determination of objections by parents

8.—(1) The condition in paragraph (2) must be satisfied before the National Assembly is required to determine an objection referred by a parent under section 90(2).

(2) The condition is that not less than five parents who satisfy the requirement in regulation 6 have referred objections under section 90(2) (or one or more such objections jointly) which—

(a) are about the same admission arrangements; and

(b) raise the same or substantially the same issue.