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Transitional provisions
23.
- (1) This regulation applies where before sections 35, 41 or 259 of the Education Act 1996 are repealed by Schedule 32 to the Act and before section 104(4)(b) of the Act comes into force, proposals to make a significant change in the character of a grammar school so that it will no longer have selective admission arrangements are published under any of those sections of the Education Act 1996.
(2) Where such proposals fall to be implemented by virtue of sections 40, 45 or 263 of the Education Act 1996 or paragraph 5 of Schedule 6 to the Act (whether or not also by virtue of any saving or transitional provisions made in connection with the coming into force of any provision of the Act) paragraphs (3) to (5) shall apply, and in those paragraphs -
"the disregarded school" means the school in respect of which the proposals fall to be implemented; and
"the relevant date" means the date on which the proposals were approved by the Secretary of State under sections 37, 43 or 261 of the Education Act 1996 or, as the case may be, the date on which the local education authority determined under section 38 of that Act to implement the proposals.
(3) Where the disregarded school is a stand alone grammar school and a petition for a feeder school ballot which relates to that school is received after the relevant date the petition shall not be a valid petition.
(4) Where the disregarded school is a grammar school in a group of grammar schools and a petition for a feeder school ballot which relates to that group is received after the relevant date, the petition shall be treated as relating to the group of grammar schools excluding the disregarded school and accordingly -
(a) a school registered parent shall not be a relevant eligible parent in accordance with regulation 9(1) to (5) unless he has at least one child, who does not fall to be disregarded under regulation 4(6), who is a pupil at a school which is a feeder school for the group excluding the disregarded school; and
(b) registered parents at any school which was a feeder school for the group including the disregarded school but is not a feeder school for the group excluding the disregarded school shall not be included in the parent population for the purpose of regulation 7(5).
(5) Where the ballot result date of an area ballot is after the relevant date the ballot shall not relate to the disregarded school.
(6) Where, on the date on which section 104(4)(b) comes into force, a decision has not been taken by the Secretary of State as to whether to approve proposals to which this regulation applies or, as the case may be, a determination has not been made by the local education authority as to whether to implement such proposals, the proposals shall be treated as if they had been withdrawn.
(7) Where, on the date on which section 104(4)(b) of the Act comes into force, proposals to which this regulation applies fall to be implemented by virtue of any of the provisions referred to in paragraph (2), section 104(4)(b) of the Act shall not apply in relation to such proposals.
Estelle Morris
Minister of State, Department for Education and Employment.
19th November 1998
SCHEDULE 1Regulation 2(1)
LOCAL EDUCATION AUTHORITIES THE AREAS OF WHICH ARE RELEVANT AREAS UNDER PARAGRAPH (a) OF THE DEFINITION OF "RELEVANT AREA"
Bexley
Buckinghamshire
Kent
Lincolnshire
Medway Towns
Slough
Southend
Torbay
Trafford
SCHEDULE 2Regulation 2(1)
GROUPS OF GRAMMAR SCHOOLS
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LEA area
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Group: |
Queen Elizabeth's School |
Barnet |
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St Michael's Catholic Grammar School |
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The Henrietta Barnett School |
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Group: |
Bishop Vesey's Grammar School |
Birmingham |
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Sutton Coldfield Girls' School |
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Group: |
Handsworth Grammar School |
Birmingham |
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King Edward VI Aston School |
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King Edward VI Camp Hill Girls' School |
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King Edward VI Camp Hill School (Boys) |
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King Edward VI Five Ways School |
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King Edward VI Handsworth School |
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Group: |
Bournemouth School |
Bournemouth |
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Bournemouth School for Girls (GM) |
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Group: |
Cotham Grammar School |
Bristol |
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Fairfield Grammar School |
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Group: |
Newstead Woods School for Girls (GM) |
Bromley |
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St Olave's and St Saviour's Grammar School |
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Group: |
Crossley Heath School |
Calderdale |
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The North Halifax Grammar School |
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Group: |
King Edward VI Grammar School (GM) |
Essex |
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Chelmsford County High School for Girls |
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Group: |
Colchester County High School for Girls |
Essex |
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Colchester Royal Grammar School |
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Group: |
Stroud High School |
Gloucestershire |
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Marling School |
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Group: |
Ribston Hall High School |
Gloucestershire |
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Sir Thomas Rich's School |
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High School for Girls |
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The Crypt School |
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Group: |
Lancaster Girls' Grammar School |
Lancashire |
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Lancaster Royal Grammar School |
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Group: |
The Tiffin Girls' School |
Kingston-upon-Thames |
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Tiffin School |
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Group: |
Skipton Girls' High School |
North Yorkshire |
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Ermysted's Grammar School |
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Group: |
Devonport High School for Boys |
Plymouth |
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Devonport High School for Girls |
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Plymouth High School for Girls |
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Group: |
Parkstone Grammar School (Girls) |
Poole |
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Poole Grammar School |
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Group: |
Kendrick Girls' Grammar School |
Reading |
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Reading School |
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Group: |
Ilford County High School |
Redbridge |
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Woodford County High School |
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Group: |
Queen Mary's Grammar School |
Walsall |
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Queen Mary's High School |
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Group: |
Stratford Upon Avon Grammar School for Girls |
Warwickshire |
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King Edward VI Grammar School |
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Group: |
Lawrence Sheriff School |
Warwickshire |
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Rugby High School for Girls |
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Group: |
Bishop Wordsworth's Grammar School |
Wiltshire |
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South Wilts Grammar School for Girls |
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Group: |
Calday Grange Grammar School |
Wirral |
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West Kirby Grammar School for Girls |
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Group: |
St. Anselm's College |
Wirral |
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Upton Hall Convent School FCJ |
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Group: |
Wirral County Grammar School (Girls) |
Wirral |
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Wirral Grammar School for Boys |
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Group: |
Adams' Grammar School |
The Wrekin |
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Newport Girls' High School |
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SCHEDULE 3Regulation 2(1)
STAND ALONE GRAMMAR SCHOOLS
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LEA area
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Queen Elizabeth Grammar School |
Cumbria |
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Colyton Grammar School |
Devon |
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The Latymer School |
Enfield |
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Pate's Grammar School |
Gloucestershire |
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Heckmondwike Grammar School |
Kirklees |
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Bacup and Rawtenstall Grammar School |
Lancashire |
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Clitheroe Royal Grammar School |
Lancashire |
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The Liverpool Blue Coat School |
Liverpool |
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Ripon Grammar School |
North Yorkshire |
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St Joseph's College |
Stoke on Trent |
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Alcester Grammar School |
Warwickshire |
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Wolverhampton Girls' High School |
Wolverhampton |
SCHEDULE 4Regulation 15(1)
THE BALLOT INFORMATION CODE
1.
The principles specified in paragraph 2 shall apply in providing material for parents relating to a petition or ballot.
2.
Material provided:
a. should provide information which is as factual and accurate as possible, with a view to helping parents to reach a soundly-based decision about whether grammar schools should, or should not, retain selective admission arrangements;
b. insofar as it offers opinions, predictions or views, it should do so on the basis of fact or a reasonable interpretation of fact; and should clearly distinguish between what is fact and what is opinion or prediction;
c. should be objective and explanatory, seeking to clarify the issues without omitting important facts or arguments, and without selecting facts or arguments in such a way as to distort or mislead;
d. should not be likely to cause alarm, concern or offence;
e. should not in content, tone or presentation be party political;
f. should not attack the views of individuals or of groups taking a different view of the future of selective admission arrangements at grammar schools.
3.
The following standards should be observed at meetings for parents and in other open debate:
a. if meetings about the future of grammar school selective admission arrangements are arranged for parents, they should be publicised, as far as is reasonable, to all those with an interest;
b. the presentations should, taken together, provide an overall picture which is balanced, fair and unbiased;
c. oral information should be accurate and should not mislead the audience;
d. comments on, or responses to, the policies of central and local government should be objective, balanced, informative and accurate.
EXPLANATORY NOTE
(This Note is not part of the Regulations)
These Regulations make provision for ballots to determine whether grammar schools should retain selective admission arrangements.
Part I contains definitions; in particular it contains the definition of "eligible parents" (regulation 4), that is parents who are to be eligible to request a ballot or vote in a ballot. Eligible parents are different for area ballots and petitions for area ballots and for feeder school ballots and petitions for feeder school ballots. "Feeder school" is also defined in Part I (regulation 6). Regulation 3 prescribes Electoral Reform (Ballot Services) Ltd under section 105(3)(c) of the School Standards and Framework Act 1998 (referred to in the Regulations as "the designated body"). The designated body is to receive petitions and make the arrangements for the holding of the ballot and the regulations confer other functions on the designated body.
Part II contains provisions relating to petitions for a ballot. A petition can relate to all schools in a "relevant area" (an expression defined in regulation 2), a group of grammar schools (groups of grammar schools being listed in Schedule 2) or a "stand alone grammar school" (such grammar schools being listed in Schedule 3) (regulation 7). Provision is made in regulation 7 that in order to trigger a ballot the petition must be signed by a number of eligible parents which is at least 20% of the "parent population" (an expression defined in regulation 7(9)).
Part III contain provisions as to the ballot itself. Again a ballot can relate to all schools in a "relevant area", a group of grammar schools or a "stand alone grammar school" (regulation 11). Part III also contains provisions whereby the Secretary of State may declare a ballot void (regulation 15) and provides that if a ballot has been in favour of retaining selective admission arrangements no further ballot may be held for 5 years (regulation 16).
Part IV contains supplementary provisions. In particular regulation 17 provides for the period within which admission arrangements must be revised so that a school no longer has selective admission arrangements in cases where the ballot has been in favour of ending selection. Regulation 22 makes special provisions for a case where a petition is received before 31st July 1999. Under such circumstances the ballot cannot be held until after 1st September 1999 and regulation 22 makes special provisions for eligibility to vote in such a ballot
Notes:
[1]
1998 c.31.back
[2]
1996 c.56.back
[3]
S.I. 1995/2089.back
[4]
By virtue of section 105(10) of the Act a grant-maintained school is for the purposes of sections 105 - 107 of the Act and hence for the purposes of these Regulations treated, until 1st September 1999 (which is the appointed day for the purposes of the Act), as maintained by a local education authority and maintained by the authority in which it is situated.back
ISBN
0 11 079845 7
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