The School Admissions (Appeals Arrangements) (England) Regulations 2012

[F1 Time limits E+W

3.— (1) Where the admission authority or local authority sends an admission decision the deadline for an appeal specified in that admission decision must be—

(a) at least 28 days from the date of the notification of the admission decision, and

(b) expressed by reference to a fixed date or a number of calendar days.

(2) In respect of an admission decision sent after 28th February 2020 which contains a deadline for an appeal that is not in accordance with the requirements of sub-paragraph (1)(a) or (b), the admission authority must review the existing deadline for the appeal and, where the conditions in sub-paragraph (3) are satisfied, set a new deadline for the appeal which must be—

(a) at least 28 days from the date of the notification of the new deadline, and

(b) expressed by reference to a fixed date or a number of calendar days.

(3) The conditions are that—

(a) no appeal has already been lodged in response to the admission decision,

(b) the existing deadline refers to school days, or the admission authority otherwise considers that the existing deadline is unclear in all the circumstances; and

(c) the existing deadline has not already expired.

(4) Where a new deadline has been set in accordance with sub-paragraph (2), notification of the new deadline must be sent to the recipient of the original admission decision within 28 days of 24th April 2020 or seven days from the date of an admission decision which does not comply with the requirements of sub-paragraph (1) whichever is later.

(5) The notification of the new deadline must be sent by—

(a) the admission authority where that admission authority sent the relevant admission decision, or

(b) the local authority where that authority sent the relevant admission decision on behalf of another admission authority.

(6) The requirement in sub-paragraph (5)(b) only applies once the local authority has been informed of the new deadline by the relevant admission authority.]

Textual Amendments

F1 Sch. 2 inserted (temp.) (24.4.2020) by virtue of The School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) Regulations 2020 (S.I. 2020/446), regs. 1, 11 (with regs. 2, 3(2), 4, 5); (as amended (31.1.2021) by The School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) Regulations 2021 (S.I. 2021/14), regs. 1, 2 and (7.7.2022) by The School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) Regulations 2022 (S.I. 2022/662), regs. 1, 2)

Modifications etc. (not altering text)

C1 Sch. 2 amendment to transitional provisions of earlier amending S.I. 2020/446 (E.) (31.1.2021) by The School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) Regulations 2021 (S.I. 2021/14), regs. 1, 2