The School Admissions (Co-ordination of Admission Arrangements) (England) Regulations 2008

4.  After regulation 10 insert the following—

“In-year schemes

11.— (1) An authority must formulate a scheme (an “in-year scheme”), in relation to each school in their area, which complies with the requirements of Schedule 4.

(2) An authority must formulate an in-year scheme no later than 1^st January 2010.

(3) An authority must refer an in-year scheme which they propose should be adopted in their area to any Admission Forum established for that area under section 85A of the 1998 Act, and must have regard to any advice or recommendations of the Forum.

(4) After taking the action required by paragraph (3), the authority must consult the following about any proposed in-year scheme, namely—

(a) each governing body who are the admission authority for a school in their area; and

(b) any other local education authority as the authority may determine.

(5) The consultation pursuant to paragraph (4)(b) must be undertaken with a view in particular to securing that the arrangements for the admission of pupils to schools in the areas of different local authorities are, so far as is reasonably practicable, compatible with each other.

(6) Once the authority have carried out the consultation required by paragraph (4) they must determine the in-year scheme (either in its original form or with such modification as the authority think fit) which they propose should apply for the academic year and must take all reasonable steps to secure its adoption by themselves and each governing body they consulted in relation to it.

(7) Following the action required to be taken by paragraphs (1) to (6), an authority must inform the Secretary of State whether they have secured agreement to the adoption of an in-year scheme or not, and provide him with a copy of an adopted scheme.

(8) In any case where by 15^th April 2010 an authority have not informed the Secretary of State in accordance with paragraph (7) that an in-year scheme has been adopted in relation to each school in their area, an imposed in-year scheme may be made.

(9) An imposed in-year scheme may make provision corresponding to the requirements of an in-year scheme.”