Statutory Instruments 1998 No. 2876
The Education (Grammar School Ballots) Regulations 1998
- continued

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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  - (1) This regulation applies where before sections 35, 41 or 259 of the Education Act 1996 are repealed by Schedule 32 to the Act and before section 104(4)(b) of the Act comes into force, proposals to make a significant change in the character of a grammar school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  - 

    (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 - 

    (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local education authority as to whether to implement such proposals, the proposals shall be treated as if they had been withdrawn.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 1
Regulation 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 2
Regulation 2(1)


GROUPS OF GRAMMAR SCHOOLS


    LEA area
Group: Queen Elizabeth's School Barnet
  St Michael's Catholic Grammar School  
  The Henrietta Barnett School  
Group: Bishop Vesey's Grammar School Birmingham
  Sutton Coldfield Girls' School  
Group: Handsworth Grammar School Birmingham
  King Edward VI Aston School  
  King Edward VI Camp Hill Girls' School  
  King Edward VI Camp Hill School (Boys)  
  King Edward VI Five Ways School  
  King Edward VI Handsworth School  
Group: Bournemouth School Bournemouth
  Bournemouth School for Girls (GM)  
Group: Cotham Grammar School Bristol
  Fairfield Grammar School  
Group: Newstead Woods School for Girls (GM) Bromley
  St Olave's and St Saviour's Grammar School  
Group: Crossley Heath School Calderdale
  The North Halifax Grammar School  
Group: King Edward VI Grammar School (GM) Essex
  Chelmsford County High School for Girls  
Group: Colchester County High School for Girls Essex
  Colchester Royal Grammar School  
Group: Stroud High School Gloucestershire
  Marling School  
Group: Ribston Hall High School Gloucestershire
  Sir Thomas Rich's School  
  High School for Girls  
  The Crypt School  
Group: Lancaster Girls' Grammar School Lancashire
  Lancaster Royal Grammar School  
Group: The Tiffin Girls' School Kingston-upon-Thames
  Tiffin School  
Group: Skipton Girls' High School North Yorkshire
  Ermysted's Grammar School  
Group: Devonport High School for Boys Plymouth
  Devonport High School for Girls  
  Plymouth High School for Girls  
Group: Parkstone Grammar School (Girls) Poole
  Poole Grammar School  
Group: Kendrick Girls' Grammar School Reading
  Reading School  
Group: Ilford County High School Redbridge
  Woodford County High School  
Group: Queen Mary's Grammar School Walsall
  Queen Mary's High School  
Group: Stratford Upon Avon Grammar School for Girls Warwickshire
  King Edward VI Grammar School  
Group: Lawrence Sheriff School Warwickshire
  Rugby High School for Girls  
Group: Bishop Wordsworth's Grammar School Wiltshire
  South Wilts Grammar School for Girls  
Group: Calday Grange Grammar School Wirral
  West Kirby Grammar School for Girls  
Group: St. Anselm's College Wirral
  Upton Hall Convent School FCJ  
Group: Wirral County Grammar School (Girls) Wirral
  Wirral Grammar School for Boys  
Group: Adams' Grammar School The Wrekin
  Newport Girls' High School  



SCHEDULE 3
Regulation 2(1)


STAND ALONE GRAMMAR SCHOOLS


  LEA area
Queen Elizabeth Grammar School Cumbria
Colyton Grammar School Devon
The Latymer School Enfield
Pate's Grammar School Gloucestershire
Heckmondwike Grammar School Kirklees
Bacup and Rawtenstall Grammar School Lancashire
Clitheroe Royal Grammar School Lancashire
The Liverpool Blue Coat School Liverpool
Ripon Grammar School North Yorkshire
St Joseph's College Stoke on Trent
Alcester Grammar School Warwickshire
Wolverhampton Girls' High School Wolverhampton



SCHEDULE 4
Regulation 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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Prepared 9 December 1998