The Information as to Provision of Education (England) Regulations 2008

Citation, commencement and application

1.  These Regulations may be cited as the Information as to Provision of Education (England) Regulations 2008 and come into force on 14th February 2008.

2.  These Regulations apply only in relation to England.

Interpretation

3.  In these Regulations—

“admission number” has the meaning given in section 89A(1) of the School Standards and Framework Act 1998(1);

“application” means a preference expressed by a parent, in accordance with section 86(1) of the School Standards and Framework Act, as to the school at which he wishes education to be provided for his child;

“authority” means a local education authority;

“district” means the area of the council of a district where that council is not a unitary authority;

“offer” means an offer communicated by an authority to admit a child in their area to a school (2);

“school year” means a period of twelve months beginning on 1st September unless the school has a term beginning in August, in which case it means a period of twelve months beginning on 1st August;

“surplus places” means the number of places, if any, by which the number equal to the capacity of the school exceeds the number of registered pupils at the school;

“unitary authority” has the same meaning as in section 261(3) of the Housing Act 2004(3); and

“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971(4).

Information to be provided by authorities to the Secretary of State

4.  The information specified in Schedule 1 must be provided by an authority to the Secretary of State after 1st June and before 4th August in each year.

5.—(1) An authority must provide the Secretary of State each year with a report—

(a) containing the information specified in Schedule 2 in relation to the admission to secondary schools of pupils in the area of the authority,

(b) on 1st March (or, in any year in which 1st March is not a working day, on the next working day),

(c) containing information correct as at the date in sub-paragraph (b) in relation to the school year commencing in the August or September of that calendar year.

(2) An authority may provide the Secretary of State each year with a report—

(a) containing the information specified in Schedule 2 in relation to the admission to secondary schools of pupils in the area of the authority,

(b) by no later than 8th September, (or, in any year in which 8th September is not a working day, by no later than the next working day),

(c) containing information correct as at 1st September (or, in any year in which 1st September is not a working day, the next working day) in relation to the school year commencing in the August or September of that calendar year.

(3) For the purposes of this regulation and Schedule 2 “school” means a community, foundation or voluntary school, or an Academy.

Determination of capacity of a school

6.  The capacity of a school is to be determined in accordance with the method of assessment provided in the guidance, Assessing the Net Capacity of Schools, issued by the Department for Education and Skills in August 2002(5).

Revocation of Regulations

7.  The Regulations set out in Schedule 3 are revoked.

Jim Knight

Minister of State

Department for Children, Schools and Families

7th January 2008