The New School (Admissions) (England) Regulations 1999

Variation of initial admission arrangements

7.—(1) This regulation applies where—

(a) the admission authority—

(i) have determined the initial admission arrangements, in accordance with regulation 4(7), but

(ii) at any time during the initial year or the following school year consider that the arrangements should be varied in view of a major change of circumstances occurring since they were so determined; or

(b) the admission authority for a new school established in connection with proposals involving the discontinuance of another school maintained by a local education authority—

(i) have determined that the initial admission arrangements shall be the same as those of that school, but

(ii) at any time during the initial year or the following school year consider that the arrangements should be varied in view of a major change of circumstances occurring since they were so determined.

(2) Where this regulation applies—

(a) the admission authority shall refer the proposed variations to the adjudicator, and shall in every case where there has been consultation under regulation 4(2) notify the bodies whom they consulted of the proposed variations; and

(b) where the local education authority are the admission authority for a community or voluntary controlled school, they shall in addition consult the temporary governing body or (as the case may be) the governing body before making any reference under sub-paragraph (a).

(3) The adjudicator shall consider whether the arrangements should have effect with those variations until the end of the initial year or (as the case may be) the following school year; and if he determines that the arrangements should so have effect or that they should so have effect subject to such modification of those variations as he may determine—

(a) the arrangements shall have effect accordingly as from the date of his determination; and

(b) in every case where there has been consultation under regulation 4(2) the admission authority shall notify the bodies whom they consulted of the variations subject to which the arrangements are to have effect;

save that nothing in this paragraph shall require the adjudicator to make such determination 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.