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5.—(1) The admission authority for a new school must determine the initial admission arrangements for the initial year and the following school year not less than six months before the school opening date.
(2) Subject to paragraph (4), before determining the initial admission arrangements the admission authority must consult the following about the proposed arrangements, namely—
(a)where the local education authority are the admission authority, every local education authority any part of whose area adjoins the area of the consulting authority;
(b)where the temporary governing body or promoters are the admission authority, every local education authority any part of whose area lies within, or adjoins, the relevant area; and
(c)in all cases—
(i)the admission authorities for all other maintained schools in the relevant area;
(ii)the governing bodies of all community and voluntary controlled schools (so far as not falling within paragraph (i)) in the relevant area.
(3) In paragraph (2) “the relevant area” is the relevant area or relevant areas determined by the local education authority in accordance with Education (Relevant Areas for Consultation on Admission Arrangements) Regulations 1999(1).
(4) In relation to the proposed initial admission arrangements for a primary school, paragraph (2) only requires the admission authority to consult—
(a)the admission authorities for other schools in the relevant area which are primary schools; and
(b)the governing bodies of all community and voluntary controlled schools (so far as not falling within sub-paragraph (a)) in the relevant area which are primary schools.
(5) The admission authority for a new foundation or voluntary school which is a Church in Wales school or a Roman Catholic Church School (as defined by section 142(1) of the 1998 Act), must when preparing initial admission arrangements for consultation under paragraph (2), consult the appropriate diocesan authority about the initial admission arrangements which they propose to determine for the school.
(6) Once the admission authority have carried out any consultation under paragraph (2) the authority must—
(a)determine that their proposed arrangements (either in their original form or with such modifications as the authority think fit) are the initial admission arrangements; and
(b)within 14 days of that determination notify the persons whom they were required to consult under paragraph (2) of those arrangements.
Commencement Information
I1Reg. 5 in force at 1.2.2006, see reg. 1(1)
S.I. 1999/124.
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