The Education (Grammar School Ballots) Regulations 1998

Interpretation

2.—(1) In these Regulations—

“the Act” means the School Standards and Framework Act 1998;

“area ballot” has the meaning given in regulation 11(2);

“ballot registered parent” means a parent who is an eligible parent by virtue of regulation 4(1)(c);

“ballot result date” means the date on which the designated body give the notification of the result of a ballot under regulation 14(5);

“designated body” has the meaning given in regulation 3;

“electoral list” for a school means, subject to regulation 19(5), a list of the names and addresses of the registered parents of registered pupils at the school other than—

(a)

a registered parent falling within regulation 4(3);

(b)

a registered parent whose only child at the school in question is a pupil who falls to be disregarded under regulation 4(4) or (6); or

(c)

where the school is an independent school situated in a relevant area, a registered parent who is not resident in that area;

“eligible parent” has the meaning given in regulation 4;

“feeder school” has the meaning given in regulation 6;

“feeder school ballot” has the meaning given in regulation 11(2);

“governing body”, in relation to a nursery school maintained by a local education authority or a pupil referral unit, means the local education authority which maintains that school or unit;

“group of grammar schools” means one of the groups of grammar schools specified in Schedule 2 (maintained by the local education authority specified in the right hand column of Schedule 2 or, where the school is a grant-maintained school, situated in the area of that authority);

“moratorium period” for any relevant area, group of grammar schools or stand alone grammar school means the period referred to in regulation 16 as it applies to that area, group or school;

“petition for an area ballot” and “petition for a feeder school ballot” have the meanings given in regulation 7(3);

“petition organiser” has the meaning given in regulation 8(5);

“petition period” means—

(a)

the period from the date on which these Regulations come into force until 31st July 1999; and

(b)

each subsequent period from 1st September in one year to 31st July in the next year;

“registered” except in regulation 5 and in the context of parents registered under regulation 5, means shown in the register kept under section 434 of the Education Act 1996(1) and the Education (Pupil Registration) Regulations 1995(2) and “register” shall be construed accordingly;

“relevant area” means—

(a)

the area of a local education authority specified in Schedule 1, and

(b)

the area comprising the London borough of Sutton and the Nonsuch ward in the county of Surrey;

“relevant school”, in relation to a petition or ballot, means—

(a)

in the case of an area ballot or petition for such a ballot, a school referred to in regulation 4(1)(a) or (b) in relation to the area in question, and

(b)

in the case of a feeder school ballot or petition for such a ballot, a school which is a feeder school for the group of grammar schools or, as the case may be, the stand alone grammar school in question;

“school registered parent” means a parent who is an eligible parent by virtue of regulation 4(1)(a) or (b) or (2);

“stand alone grammar school” means a grammar school specified in Schedule 3 (maintained by the local education authority specified in the right hand column of Schedule 3 or, where the school is a grant-maintained school, situated in the area of that authority);

“summer holidays”, in relation to any school, means a holiday period any part of which falls between 31st July and 1st September;

“transfer age group” means—

(a)

for a grammar school, the highest relevant age group (within the meaning of section 142(1) of the Act) for that grammar school, disregarding any relevant age group in which the majority of the pupils admitted to the school are over compulsory school age; and

(b)

for a group of grammar schools, the highest of the transfer age groups for the grammar schools in the group; and

“valid petition” has the meaning given in regulation 7(1).

(2) Any reference in these regulations to a ballot being in favour of retaining selective admission arrangements is a reference to the result of a ballot being that the school or schools to which the ballot relates should retain selective admission arrangements.

(3) For the purpose of these regulations the date of an electoral list is the date on which the register by reference to which the electoral list is compiled has effect (and is, accordingly, the date referred to in regulation 19(4)).

(1)

1996 c. 56.

(2)

S.I. 1995/2089.