Transitional provisions9

In relation to the initial year these Regulations shall have effect with the following modifications—

a

in regulation 3—

i

in paragraph (1), for “shall” there shall be substituted “may”,

ii

after paragraph (2) there shall be inserted—

2A

Where an authority decide to formulate a qualifying scheme pursuant to paragraph (1)—

i

they shall notify the Secretary of State of their decision;

ii

these Regulations shall apply as if they were under a duty to formulate such a scheme; and

iii

if a scheme is adopted or made it shall be treated as having been adopted or made by virtue of section 89B of the 1998 Act.

iii

paragraph (3) shall be omitted;

b

in regulation 4—

i

in paragraph (1) there shall be omitted “, in relation to any academic year following the initial year,”,

ii

in paragraph (2), for “1st January in the relevant determination year” there shall be substituted “31st March 2003”, and

iii

after paragraph (4) there shall be inserted—

4A

The duty to consult in paragraph (4) shall apply notwithstanding that no Admission Forum may have been established for an authority’s area.

c

in regulation 6(1), for “15th April in the relevant determination year” there shall be substituted “1st July 2003”; and

d

in regulation 7—

i

in paragraph (1) there shall be omitted “in each year”, and

ii

for paragraph (2) there shall be substituted—

2

The prescribed day shall be 1st March 2004.