The New School (Admissions) (Wales) Regulations 2006

References of objections to the National Assembly E+W

7.—(1) Where initial admission arrangements have been determined by an admission authority under regulation 5(6)(a) an objection to those arrangements may be referred to the National Assembly by any person whom the admission authority were required to consult under regulation 5(2) providing that—

(a) the objection does not fall within any description of objection prescribed under regulation 4(2) of The Education (Objections to Admission Arrangements) (Wales) Regulations 2006(1); or

(b) in any case where regulation 6(4) applies, the objection does not relate to the admission number in circumstances where any approval of the proposals (whether with or without modification of the admission number) is less than six months before the intended school opening date.

(2) Subject to paragraph (3), an objection may not be referred under paragraph (1) unless it is received by the National Assembly within 6 weeks after the receipt by the objecting person of a notification under regulation 5(6)(b).

(3) An objection which is received after the end of the period specified in paragraph (2) is nevertheless to be regarded as properly referred if the National Assembly is satisfied that it was not reasonably practicable for the objection to have been received earlier than the time when it was received.

(4) On referral of an objection under paragraph (1) the National Assembly must decide whether, and (if so) to what extent, the objection should be upheld, save that nothing in this paragraph requires the National Assembly to make such a determination before—

(i) proposals published under section 28(1) and (2) of the 1998 Act, have been approved or determined to be implemented in accordance with the provisions of Schedule 6 to that Act, or

(ii) proposals made under section 113A of the 2000 Act, have been approved in accordance with the provisions of subsection (5) of that section.

(5) Where the National Assembly decides that an objection should be upheld to any extent, its decision on the objection may specify the modifications that are to be made to the initial admission arrangements in question.

(6) The National Assembly must publish its decisions and the reasons for them by notification in writing to all the parties to the objection and to all other persons whom the admission authority was required to consult about the initial admission arrangements under regulation 5(2).

(7) The decision of the National Assembly, in relation to the initial admission arrangements in question, is binding on the admission authority and those persons who can make an objection about those arrangements under paragraph (1). If the objection is upheld to any extent, the admission authority must revise those arrangements forthwith to give effect to that decision.

Commencement Information

I1 Reg. 7 in force at 1.2.2006, see reg. 1(1)

(1)

S.I. 2006/176 (W.27).