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In exercise of the powers conferred on the Secretary of State by sections 89B(1), (4), (5) and (6), 89C(1), (2), (3), (4) and (5), and 138(7) of the School Standards and Framework Act 1998[1], and section 214(1) of the Education Act 2002[2], the Secretary of State for Education and Skills hereby makes the following Regulations. Citation, commencement and application 1. - (1) These Regulations may be cited as the Education (Co-ordination of Admission Arrangements) (Secondary Schools) (England) Regulations 2002 and shall come into force on 20th January 2003. (2) These Regulations apply only in relation to the arrangements under which pupils are to be admitted to secondary schools in England in the academic year 2004-05 and any subsequent year. Interpretation 2. - (1) In these Regulations -
(2) Where an application for the admission of a child to a relevant age group at a secondary school is submitted later than the date stipulated by a qualifying scheme (or, as the case may be, an imposed scheme), for the purposes of these Regulations it shall still be considered to have been made in the course of a normal admission round if -
(b) a determination relating to that application is made by an authority on or before the date prescribed by regulation 7(2).
Formulation of a qualifying scheme
(b) an imposed scheme has been made and has not since been varied or revoked under section 89C(7) of the 1998 Act.
Action to be taken by a local education authority to secure adoption of a qualifying scheme
(b) any other local education authority as the authority may determine.
(5) The consultation pursuant to paragraph (4)(b) shall be undertaken with a view in particular to securing that the arrangements for the admission of pupils to secondary schools in the areas of different local education authorities are, so far as is reasonably practicable, compatible with each other.
(ii) after paragraph (2) there shall be inserted -
(ii) these Regulations shall apply as if they were under a duty to formulate such a scheme; and (iii) if a scheme is adopted or made it shall be treated as having been adopted or made by virtue of section 89B of the 1998 Act.", and
(iii) paragraph (3) shall be omitted;
(b) in regulation 4 -
(ii) in paragraph (2), for "1st January in the relevant determination year" there shall be substituted "31st March 2003", and (iii) after paragraph (4) there shall be inserted -
(d) in regulation 7 -
(ii) for paragraph (2) there shall be substituted -
General 1. A qualifying scheme shall -
(b) require a common application form to be completed, enabling a parent in an authority's area -
(ii) to give reasons for his application, and (iii) to rank each application in relation to any other application (whether or not the qualifying scheme relating to the authority's area requires applications to be ranked);
(c) identify the authority and each governing body who are the admission authority for a secondary school to which the qualifying scheme applies;
(ii) is not eligible to be granted admission to any school for which such application has been made;
(e) specify the date by which each of the steps required to be taken in accordance with this Schedule is to be performed;
(ii) where it is for admission to a relevant age group, is submitted to the authority later than the date stipulated by the scheme.
LEA's duties under a qualifying scheme relating to applications for in-area schools
(b) in relation to each application made on the common application form for a school for which the authority are the admission authority, to determine by reference to the school's admissions criteria the order of priority in which the application for the school is ranked; (c) in any case where it appears to the authority, having regard to -
(ii) any information sent to them by a governing body in accordance with paragraph 5(c),
that a child in their area is eligible to be granted admission to more than one secondary school, or is not eligible to be offered admission to any school, to determine in accordance with the provisions of the scheme whether the child is to be granted or refused admission to a secondary school in their area;
Additional duties on LEA relating to applications for out-of area schools
(b) specify -
(ii) if so, the effect (if any) that such information will have in relation to any other application made by the parent.
4.
Where a maintaining authority are notified by a home authority of a parent's application for a secondary school in their area, a qualifying scheme shall require the maintaining authority -
(b) where they are the admission authority for the school, to determine the order of priority in which the application is ranked; (c) having regard to -
(ii) any information sent to them by a governing body in accordance with paragraph 5(c),
to determine in accordance with the provisions of the scheme whether the child is to be granted or refused admission to the school;
Governing body's duties under a qualifying scheme
(b) to determine by reference to the school's admissions criteria the order of priority in which each application for the school (whether made to the school direct or under the common application form) is ranked; and (c) to notify the authority of their determination under sub-paragraph (b).
6.
Where the authority determine under paragraph 2(c) that a child is to be granted or refused admission to the school, such determination shall only be communicated to the parent by the authority, on behalf of the governing body, in accordance with paragraph 2(e). (This note is not part of the Regulations) These Regulations, which only apply in England, make provision for co-ordinating the admission of pupils to secondary schools in the academic year 2004-05 ("the initial year") and any subsequent academic year. The transitional provision in regulation 9 applies in relation to the initial year. Regulation 3 requires local education authorities to formulate a scheme ("a qualifying scheme") relating to each secondary school in their area. By virtue of regulation 9 this duty does not apply in relation to the initial year, although local authorities may formulate a scheme if they wish. In this event they are required to notify the Secretary of State, and the Regulations apply in the same way (with modifications) as in relation to any subsequent academic year. The duty to formulate a scheme in relation to the academic year 2005-06 and any subsequent year does not apply where either: (i) the authority and the admission authorities covered by an existing qualifying scheme decide to adopt the same scheme for the following academic year; or (ii) a scheme has been imposed by the Secretary of State on the authority and their admission authorities in accordance with regulation 6, and the scheme has not since been varied or revoked. Under regulation 4, as read with regulation 9, local education authorities are required to formulate a qualifying scheme no later than the 31st March 2003 in relation to the initial year (if they decide to formulate such a scheme), and no later than the 1st January in the determination year relating to any subsequent academic year. Unless, in relation to the initial year, no Admission Forum has been established for their area by 31st March 2003, they are to refer their proposed schemes to the Admission Forum and to have regard to the Forum's advice or recommendations before consulting each governing body who are the admission authority for a maintained school (whether primary or secondary) in their area about them. Authorities are also required to consult other local education authorities with a view to securing, so far as is reasonably practicable, that their respective proposed schemes are compatible with each other. Regulation 5 requires a local education authority to notify the Secretary of State where they have been able to secure agreement by themselves and other admission authorities in their area to a qualifying scheme and to provide a copy of the scheme. Regulation 6 enables the Secretary of State to impose a scheme on a local education authority and other admission authorities in their area. However, the Secretary of State may not do so if notification has been provided in accordance with regulation 5 no later than the 1st July 2003 in relation to the initial year, and no later than the 15th April in the determination year relating to any subsequent academic year. An imposed scheme may make provision corresponding to the requirements of a qualifying scheme. Regulation 7 prescribes the single day on which a local education authority's determination as to the single offer of a secondary school place which the parent of a child in their area is to receive is to be communicated to the parent. The prescribed day is the 1st March 2004 in relation to admission in the initial year, and the 1st March in the year following the determination year relating to any subsequent academic year. However, this regulation does not apply to the communication of decisions relating to applications made otherwise than in the course of a normal admission round. Regulation 8 provides that the Secretary of State's reserve powers under sections 496 and 497 of the Education Act 1996 shall apply to a local education authority or a governing body as if the obligations imposed on them under a qualifying scheme or an imposed scheme were duties imposed on them by that Act. Regulation 9 specifies the modifications which are to apply to a qualifying scheme (or an imposed scheme) relating to the initial year. Paragraph 1 of the Schedule sets out the requirements of a qualifying scheme, which may also be imposed by a scheme made by the Secretary of State in accordance with regulation 6. Paragraph 2 of the Schedule places duties on the local education authority administering a scheme in relation to dealing with and determining parents' applications for schools, and paragraphs 5 and 6 place reciprocal duties on participating governing bodies. Additional duties are imposed on the authority by paragraphs 3 and 4 as regards dealing with applications by parents within their area for schools in another authority's area, and with applications by parents in other areas for schools in their own area. Notes: [1] 1998 c. 31. Sections 89B and 89C were inserted into the 1998 Act by section 48 of the Education Act 2002; by virtue of section 211(1) of the 2002 Act, the powers conferred by sections 89B and 89C are exercisable by the Secretary of State only in relation to England. For the meaning of "regulations" and "prescribed" see section 142(1) of the 1998 Act.back [5] Section 85A of the 1998 Act was inserted by section 45 of the 2002 Act.back
ISBN 0 11 043982 1
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