The School Admissions (Alteration and Variation of, and Objections to, Arrangements) (England) Regulations 2007

Cases where an objection may not be referred

6.—(1) This regulation prescribes the description of objections that, by virtue of section 90(1)(c), may not be referred under subsection 90(1).

(2) An objection may not be referred under that subsection—

(a) if the substance of the objection is to seek an alteration to admission arrangements—

(i) for a grammar school (which by virtue of section 104(4) may only be made in accordance with sections 105 to 109),

(ii) in respect of which section 90 is excluded from applying by virtue of section 103(1) and (2) (permitted selection: introduction, variation or abandonment of provision for such selection which constitutes a prescribed alteration)(1), or

(iii) except where sub-paragraph (ii) applies, which would constitute a prescribed alteration; or

(b) in any case where the body seeking to make an objection are the governing body of a community or voluntary controlled school, responsibility for determining the admission arrangements for the school not having been delegated to them under section 88(1)(a)(ii), and the objection is to—

(i) the admission arrangements for any other community or voluntary controlled school in the relevant area (as defined in section 89(3)) for which the local education authority are the admission authority, or

(ii) the admission arrangements for the school for which they are the governing body, unless the substance of the objection relates to the determination of any admission number for that school.

(3) For the purposes of paragraph (2) a “prescribed alteration” is a prescribed alteration for the purposes of section 18 of EIA 2006 or, until that section comes into force, a prescribed alteration for the purposes of section 28.

(1)

Section 103 is amended by section 54(3) of EIA 2006.