The School Standards and Framework Act 1998 (Admissions) (Modifications No. 2) Regulations 1998

Statutory Instruments

1998 No. 3130

EDUCATION, ENGLAND AND WALES

The School Standards and Framework Act 1998 (Admissions) (Modifications No. 2) Regulations 1998

Made

15th December 1998

Laid before Parliament

16th December 1998

Coming into force

6th January 1999

In exercise of the powers conferred upon the Secretary of State by section 144(1)–(3) of the School Standards and Framework Act 1998(1), the Secretary of State for Education and Employment hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the School Standards and Framework Act 1998 (Admissions) (Modifications No. 2) Regulations 1998 and shall come into force on 6th January 1999.

(2) In these Regulations “the Act” means the School Standards and Framework Act 1998.

Modifications of the Act

2.  In relation to any time after the coming into force of these Regulations and before the appointed day(2), section 84(6) of the Act (interpretation of Chapter I of Part III) shall have effect as if the definition of “maintained school” in that subsection included a county, voluntary or grant-maintained school within the meaning of the Education Act 1996(3).

3.  In relation to any time after the coming into force of these Regulations and before the appointed day, section 88 of the Act (admission authorities and admission arrangements) shall apply with the following modification, namely that in place of subsection (1) there is substituted–

“(1) In this Chapter “the admission authority”–

(a) in relation to a county or voluntary school, has the meaning given by section 415 of the Education Act 1996; and

(b) in relation to a grant-maintained school, means the governing body.”

Estelle Morris

Minister of State,

Department for Education and Employment

15th December 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations modify provisions of the School Standards and Framework Act 1998. Chapter I of Part III of the Act deals with arrangements for the admission of pupils to maintained schools and includes provisions on codes of practice, parental preference for particular schools, determination and publication of admission arrangements, and appeals against non-admission.

Regulation 2 modifies the definition of “maintained school” in section 84(6) to enable provisions in Chapter I to apply, where appropriate, to the existing framework of maintained schools during the period before the new statutory framework comes into force on 1st September 1999.

Regulation 3 modifies the definition of “the admission authority” in section 88(1) of the Act, for the period before the new framework comes into force, to ensure consistency with the existing framework and with the definition of that term in the Education Act 1996.

(1)

1998 c. 31.

(2)

The appointed day is 1st September 1999 by virtue of S.I. 1998/2083.

(3)

1996 c. 56.