The New School (Admissions) (England) Regulations 1999

Reference of objections to the adjudicator

5.—(1) Where—

(a) initial admission arrangements have been determined by an admission authority under regulation 4(7), but

(b) a body consulted by the admission authority under regulation 4(2) wish to make an objection about those arrangements, and

(c) the objection does not fall within any description of objections prescribed by regulation 2(2) of S.I. 1999/125,

that body may refer the objection to the adjudicator.

(2) Subject to paragraph (3) an objection may not be referred under paragraph (1) unless it is received by the adjudicator within 6 weeks after the receipt by the objecting admission authority of the notification required by virtue of regulation 4(7)(b).

(3) An objection which is received after the end of the period specified in paragraph (2) shall nevertheless be regarded as properly referred if the adjudicator is satisfied that it was not reasonably practicable for the objection to have been received earlier than the time when it was received.

(4) On a reference under paragraph (1) the adjudicator shall either—

(a) decide whether, and (if so) to what extent, the objection should be upheld, or

(b) where the objection is about any criterion for admission to a school relating to a person’s religion, religious denomination or religious practice, refer it to the Secretary of State for that question to be decided by him,

save that nothing in this paragraph shall require the adjudicator or the Secretary of State (as the case may be) to take such steps before the proposals required to be published under section 28(1) and (2) of the 1998 Act have been approved in accordance with the provisions of Schedule 6 to that Act.

(5) Where the objection is referred to the Secretary of State under paragraph (4)(b), the adjudicator shall, if the Secretary of State so requests, give his advice on the question referred to in that provision.

(6) Where the adjudicator or the Secretary of State decides that an objection should be upheld to any extent, his decision on the objection may specify the modifications that are to be made to the admission arrangements in question.

(7) The decision of the adjudicator or the Secretary of State (as the case may be) and the reasons for them shall be published by notifying them in writing to the admission authority, the body making the objection and to all other bodies whom the admission authority was required to consult about the initial admission arrangements under regulation 4(2).

(8) The decision of the adjudicator or the Secretary of State (as the case may be) shall, in relation to the initial admission arrangements in question, be binding on the admission authority and on all persons by whom an objection about those arrangements may be made under paragraph (1); and if that decision is to uphold the objection to any extent, those arrangements shall forthwith be revised by the admission authority in such a way as to give effect to the decision.