1998 No. 3165
The Education (Determining School Admission Arrangements for the Initial Year) Regulations 1998
Made
Laid before Parliament
Coming into force
In exercise of the powers conferred upon the Secretary of State by sections 89(2), (3) and (8) and 144(1) of the School Standards and Framework Act 19981, the Secretary of State for Education and Employment, as respects England, and the Secretary of State for Wales, as respects Wales, hereby make the following Regulations:—
Citation and commencement1
These Regulations may be cited as the Education (Determining School Admission Arrangements for the Initial Year) Regulations 1998 and shall come into force on 6th January 1999.
Interpretation2
In these Regulations—
“the Act” means the School Standards and Framework Act 1998;
“education authority” means a local education authority;
“the initial year” means the 2000/2001 school year, and admission arrangements are “for the initial year” if 2000/2001 is the school year in which pupils are to be admitted tot he relevant school in consequence of the arrangements;
“main entrance”, in relation to a school, means the principal entrance to the land on which the school is situated, or (if it has more than one site) to the land on which the school’s principal administrative building is situated;
“school” means a maintained school2;
“section” means a section of the Act.
Prevention of premature determination of admission arrangements3
The admission authority for a school shall not, before 1st April 1999, determine the admission arrangements for the school for the initial year or any later school year.
Determination of admission arrangements for the inital year4
1
Every admission authority for a school shall take all steps necessary to ensure that they will, before 1st April 1999, have completed the consultation required by section 89(2) in respect of the proposed admission arrangements for the school for the initial year.
2
In addition, every such admission authority shall take all steps necessary to ensure that they will, before 1st May 1999, have determined the admission arrangements for the school for the initial year.
Relevant areas for consultation for the initial year5
1
Paragraph (2) determines, for the purposes of section 89(3)(b), the relevant area that is to apply for consultation by an admission authority under section 89(2)(b) about the proposed admission arrangements for a school for the initial year.
2
In relation to the proposed admission arrangements for each school, the relevant area shall be the area described by a circle—
a
of which the centre is the school’s main entrance; and
b
which has a radius of 4.83 kilometres.
3
For the purposes of section 89(2)(b) as it applies to consultation about proposed admission arrangements for the initial year, a school is only to be regarded as within the relevant area prescribed by paragraph (2) if its main entrance lies within that area.
Consultation within relevant area by authority for a primary school6
In relation to proposed admission arrangements for the initial year for a primary school, section 89(2)(b) shall only require the admission authority to consult the admission authorities for other schools in the relevant area which are primary schools.
Additional consultation requirements7
1
In relation to proposed admission arrangements for the initial year, this regulation prescribes the admission authorities for schools who are to be consulted by virtue of section 89(2)(c).
2
Where the consulting admission authority are the education authority, they shall consult every education authority any part of whose area adjoins the area of the consulting authority.
3
Where the consulting admission authority are the governing body of the school, they shall consult every education authority any part of whose area lies within, or adjoins, the relevant area applicable by virtue of regulation 5.
Matters to which consultation is to relate8
In relation to admission arrangements for the initial year, consultation under section 89(2) shall relate to every provision which the admission authority propose to include in those admission arrangements, except any provision of the kind mentioned in regulation 9(2).
Manner of consultation9
1
In relation to admission arrangements for the initial year, consultation by an admission authority under section 89(2) shall consist, at least, in sending each admission authority which they are required to consult’s a written copy of the proposed admission arrangements and inviting their comments.
2
For the purpose of information, the written copy of the proposed arrangements sent for the purpose of consultation shall include any provision of the proposed admission arrangements to which, by virtue of section 103(1), section 89 does not apply; but the consulting admission authority may indicate on the written copy by any appropriate means that comments are not sought on that provision.
3
References in this regulation to sending a written copy of proposed arrangements include transmitting this written material in electronic form, except in any case where there are grounds for believing that the intended recipient is unable to make use of it in that form.
(This note is not part of the Regulations)