The Education (Admission Appeals Arrangements) (Wales) Regulations 2005

Title, commencement and application

1.—(1) The title of these Regulations is the Education (Admission Appeals Arrangements) (Wales) Regulations 2005 and they come into force on 31 May 2005.

(2) These Regulations apply in relation to Wales.

Interpretation

2.—(1) In these Regulations —

“the 1972 Act” (“Deddf 1972”) means the Local Government Act 1972(1);

“the 1998 Act” (“Deddf 1998”) means the School Standards and Framework Act 1998.

“appropriate authority” (“awdurdod priodol”) means the body or the bodies responsible for making the arrangements described in regulation 3;

“lay member”(“aelod lleyg”) has the meaning given to it by paragraphs 1(4) and 2(4) of Schedule 1;

“school day” (“diwrnod ysgol”) has the same meaning given to it by section 579(1) of the Education Act 1996.(2)

(2) Any reference in these Regulations to—

(a) a numbered section is a reference to that section of the 1998 Act, unless stated otherwise;

(b) a teacher includes a headteacher.

Constitution of appeal panels

3.  Where arrangements or joint arrangements are made by —

(a) a local education authority under section 94(1) or (1A)(3);

(b) the governing body of a foundation or voluntary aided school under section 94(2) or (2A)(4);

(c) the governing bodies of two or more foundation or voluntary aided schools maintained by the same local education authority, in accordance with section 94(3)(5);

(d) a local education authority and the governing body or bodies of one or more foundation or voluntary aided schools maintained by the authority, in accordance with section 94(4)(6);

(e) a local education authority under section 95(2),

an appeal is to be made to an appeal panel constituted in accordance with the relevant paragraph of Schedule 1.

Duty to advertise for lay members

4.—(1) The appropriate authority must during the period referred to in paragraph (2), secure the publication of an advertisement for lay members of appeal panels constituted in accordance with any of the paragraphs of Schedule 1.

(2) The advertisement referred to in paragraph (1) must be published before the end of the three year period starting when the last advertisement was published by that authority for lay members of an appeal panel constituted in accordance with Schedule 24 to the 1998 Act, and thereafter in every three year period following the date upon which an advertisement (or the final advertisement of a series of advertisements) was last published by that authority in accordance with this regulation.

(3) The advertisement referred to in paragraph (1) above must —

(a) identify by name, class, or general description, the schools served by the appeal panels to which the advertisement refers;

(b) be placed in at least one local newspaper circulating in the area in which the schools identified in the advertisement are situated;

(c) allow a period of at least 21 days from the date of publication of the advertisement for replies.

(4) Before appointing any lay member the appropriate authority must consider any eligible persons who have applied to the authority in response to the most recent advertisement or series of advertisements placed in pursuance of paragraph (1) indicating that they wish to be considered for such appointment.

Procedure for appeals

5.  An appeal under arrangements specified in regulation 3 must be made in accordance with Schedule 2.

Relevant considerations in appeals brought under sections 94 and 95 of the 1998 Act

6.—(1) In relation to an appeal made under the arrangements specified in regulation 3(a) to (d), the matters to be taken into account by an appeal panel, in considering an appeal, are to include —

(a) any preference expressed by the appellant in respect of the child as mentioned in section 86; and

(b) the arrangements for the admission of pupils published by the local education authority or the governing body in accordance with regulations made under section 92(7).

(2) Where the decision under appeal was made on the ground that prejudice of the kind referred to in section 86(3)(a) would arise as mentioned in subsection (4) of that section, an appeal panel may determine that a place is to be offered to the child only if the panel is satisfied —

(a) that the decision was not one which a reasonable admission authority would make in the circumstances of the case; or

(b) that the child would have been offered a place if the admission arrangements (as published in accordance with regulations made under section 92) had been properly implemented.

(3) In relation to an appeal made under arrangements specified in regulation 3(e), an appeal panel in considering an appeal must have regard to —

(a) the reasons for the local education authority’s decision that the child in question should be admitted; and

(b) any reasons put forward by the governing body as to why the child’s admission would be inappropriate.

Payment of allowances

7.—(1) Section 173(4) of the 1972 Act(8), is to apply to any member of an appeal panel constituted in accordance with any of the paragraphs of Schedule 1, for the purpose of requiring the relevant local education authority to pay financial loss allowance to that member, and in that section as it so applies the reference to an approved duty is to be read as a reference to attendance at a meeting of an appeal panel.

(2) Section 174(1) of the 1972 Act(9) is to apply in relation to an appeal panel constituted in accordance with any of the paragraphs of Schedule 1, and in that section as it so applies, the reference to payments at rates determined by the body in question is to be read as a reference to payments at rates determined —

(a) by the authority, in the case of an appeal panel constituted under arrangements referred to in regulation 3(a), (d) or (e);

(b) otherwise by the governing body or bodies of the school or schools in question.

Indemnity

8.—(1) The appropriate authority must indemnify the members of any appeal panel constituted for the purposes of the arrangements which it has made, as specified in regulation 3, against any reasonable legal costs and expenses reasonably incurred by those members in connection with any decision or action taken by them in good faith in pursuance of their functions as members of that panel.

(2) Where any such panel is constituted by —

(a) the governing bodies of two or more foundation or voluntary aided schools maintained by the same local education authority; or

(b) a local education authority and the governing body or bodies of one or more foundation or voluntary aided schools maintained by the authority,

any liability arising under paragraph (1) is to be a joint and several liability of the bodies by whom the joint arrangements are made unless otherwise previously agreed in writing between those bodies.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(10).

D. Elis-Thomas

The Presiding Officer of the National Assembly

24 May 2005