Regulation 3
SCHEDULE 1(REQUIREMENTS OF A QUALIFYING SCHEME)
General
1. A qualifying scheme shall—
(a)require a common application form to be completed, enabling a parent—
(i)to apply for a primary school in the authority’s area, and
(ii)to give reasons for his application;
(b)identify the authority and each governing body who are the admission authority for a primary school to which the qualifying scheme applies;
(c)specify the criteria by which the authority shall determine whether a child is to be granted or refused admission to a primary school in the authority’s area in any case where it appears to the authority that the child—
(i)is eligible to be granted admission to more than one school for which application has been made on the common application form, or
(ii)is not eligible to be granted admission to any school for which such application has been made;
(d)specify the date by which each of the steps required to be taken in accordance with this Schedule is to be performed;
(e)provide a procedure for determining any application for the admission of a child to a primary school which—
(i)is made otherwise than in the course of a normal admission round, or
(ii)where it is for admission to a relevant age group, is submitted later than the date stipulated by the scheme.
Duties of LEA under a qualifying scheme
2. A qualifying scheme shall require an authority—
(a)in the case of any application made under the common application form for a primary school in their area for which the governing body are the admission authority, to forward details of the application, together with any supporting information provided by the parent, to the governing body;
(b)in relation to each application made on the common application form for a school for which the authority are the admission authority, to determine by reference to the school’s admissions criteria the order of priority in which the application for the school is ranked;
(c)in any case where it appears to the authority, having regard to—
(i)any determination made in accordance with sub-paragraph (b), and
(ii)any information sent to them by a governing body in accordance with paragraph 3(c),
that a child is eligible to be granted admission to more than one primary school, or is not eligible to be offered admission to any school, to determine in accordance with the provisions of the scheme whether the child is to be granted or refused admission to any primary school in their area;
(d)in any case where an authority determine in accordance with sub-paragraph (c) that a child is to be granted or refused admission to a primary school in their area for which they are not the admission authority, to notify the school’s governing body of their determination;
(e)to communicate any determination granting or refusing admission to a primary school in their area to the parent in accordance with regulation 7 (such determination being communicated on behalf of a school’s governing body in any case where the authority are not the admission authority for the school); and
(f)with regard to any application relating to a child living in a different local education authority’s area, to notify that authority of their determination.
Governing body’s duties under a qualifying scheme
3. A qualifying scheme shall require a governing body who are the admission authority for a primary school—
(a)to notify the authority of any application made to the school direct (regardless of whether the parent making the application resides in that authority’s area);
(b)to determine by reference to the school’s admissions criteria the order of priority in which each application for the school (whether made to the school direct or under the common application form) is ranked; and
(c)to notify the authority of their determination under sub-paragraph (b).
4. Where the authority determine under paragraph 2(c) that a child is to be granted or refused admission to the school, such determination shall only be communicated to the parent by the authority, on behalf of the governing body, in accordance with paragraph 2(e).