The Education (Grammar School Ballots) Regulations 1998

Transitional provisions

23.—(1) This regulation applies where before sections 35, 41 or 259 of the Education Act 1996 are repealed by Schedule 32 to the Act and before section 104(4)(b) of the Act comes into force, proposals to make a significant change in the character of a grammar school so that it will no longer have selective admission arrangements are published under any of those sections of the Education Act 1996.

(2) Where such proposals fall to be implemented by virtue of sections 40, 45 or 263 of the Education Act 1996 or paragraph 5 of Schedule 6 to the Act (whether or not also by virtue of any saving or transitional provisions made in connection with the coming into force of any provision of the Act) paragraphs (3) to (5) shall apply, and in those paragraphs —

“the disregarded school” means the school in respect of which the proposals fall to be implemented; and

“the relevant date” means the date on which the proposals were approved by the Secretary of State under sections 37, 43 or 261 of the Education Act 1996 or, as the case may be, the date on which the local education authority determined under section 38 of that Act to implement the proposals.

(3) Where the disregarded school is a stand alone grammar school and a petition for a feeder school ballot which relates to that school is received after the relevant date the petition shall not be a valid petition.

(4) Where the disregarded school is a grammar school in a group of grammar schools and a petition for a feeder school ballot which relates to that group is received after the relevant date, the petition shall be treated as relating to the group of grammar schools excluding the disregarded school and accordingly—

(a) a school registered parent shall not be a relevant eligible parent in accordance with regulation 9(1) to (5) unless he has at least one child, who does not fall to be disregarded under regulation 4(6), who is a pupil at a school which is a feeder school for the group excluding the disregarded school; and

(b) registered parents at any school which was a feeder school for the group including the disregarded school but is not a feeder school for the group excluding the disregarded school shall not be included in the parent population for the purpose of regulation 7(5).

(5) Where the ballot result date of an area ballot is after the relevant date the ballot shall not relate to the disregarded school.

(6) Where, on the date on which section 104(4)(b) comes into force, a decision has not been taken by the Secretary of State as to whether to approve proposals to which this regulation applies or, as the case may be, a determination has not been made by the local education authority as to whether to implement such proposals, the proposals shall be treated as if they had been withdrawn.

(7) Where, on the date on which section 104(4)(b) of the Act comes into force, proposals to which this regulation applies fall to be implemented by virtue of any of the provisions referred to in paragraph (2), section 104(4)(b) of the Act shall not apply in relation to such proposals.