The Education (Co-ordination of Admission Arrangements) (Primary Schools) (England) (Amendment) Regulations 2003

Amendment of Regulations

2.—(1) The Education (Co-ordination of Admission Arrangements) (Primary Schools) (England) Regulations 2002(1) shall be amended as follows.

(2) In regulation 3(1), after “Subject to paragraphs (2) and (3)” there shall be inserted “and regulation 9”.

(3) In regulation 4 (Action to be taken by a local education authority to secure adoption of a qualifying scheme)—

(a) for paragraph (2) there shall be substituted—

“(2) Subject to paragraphs (3) and (4), an authority shall formulate a qualifying scheme no later than 1st January in the relevant determination year.”;

(b) paragraph (6) shall be omitted.

(4) For paragraph (1) of regulation 6 there shall be substituted—

“(1) Subject to section 89C of the 1998 Act, in any case where by 15th April in the relevant determination year an authority have not informed the Secretary of State in accordance with regulation 5 that a qualifying scheme has been adopted in relation to each primary school in their area, an imposed scheme may be made.”.

(5) After regulation 8 there shall be inserted—

“Transitional provisions

9.— (1) In relation to the initial year these Regulations shall have effect with the following modifications.

(2) In regulation 3—

(a) in paragraph (1), for “shall” there shall be substituted “may”,

(b) after paragraph (2) there shall be inserted—

“(2A) Where an authority decide to formulate a qualifying scheme pursuant to paragraph (1)—

(a) they shall notify the Secretary of State of their decision;

(b) these Regulations shall apply as if they were under a duty to formulate such a scheme; and

(c) if a scheme is adopted or made it shall be treated as having been adopted or made by virtue of section 89B of the 1998 Act.”, and

(d) paragraph (3) shall be omitted.”.

(1)

S.I. 2002/2903.