Paragraph 6 Admissions: reduction of approved admission number

(1)

This Article applies where—

(a)

the Governing Body intend in accordance with section 149(4) of the 1993 Act to apply to the Secretary of State for his approval for a variation in the approved admission number for any relevant age group; and

(b)

the effect of the variation would be to reduce the approved admission number in relation to that age group.

(2)

Before applying to the Secretary of State for the approved admission number to be reduced in relation to any relevant age group, the Governing Body shall publish their proposals in accordance with paragraph (3) below.

(3)

The proposals shall be published—

(a)

in at least one newspaper circulating in the area served by the School;

(b)

by being posted in at least one conspicuous place within that area; and

(c)

by being posted at or near the main entrance to the School, or (if there is more than one main entrance) all of them.

(4)

The published proposals shall be accompanied by a statement which explains the effect of paragraphs (5) and (6) below.

(5)

Within the period of two months beginning with the date of publication of the proposals, objections to the proposals may be submitted to the Governing Body by any of the following —

(a)

if the proposals affect the provision of education to which section 2(1) of the Further and Higher Education Act 1992^f1 applies, the appropriate further education funding council;

(b)

any ten or more local government electors for the area of the local education authority in which the School is situated;

(c)

the governing body of any school affected by the proposals; and

(d)

any local education authority concerned.

(6)

The Governing Body shall not apply to the Secretary of State for the approved admission number for any relevant age group to be reduced until after the period referred to in paragraph (5) above has expired; and, where they do so, they shall send to the Secretary of State copies of all the objections made to their proposals (and not withdrawn in writing) together with their observations on them.

(7)

If an order under section 12(1) of the 1993 Act applies to the area of the local education authority in which the School is situated, this Article shall have effect as if the references to the Secretary of State were to the funding authority.

(8)

In paragraph (5) above—

(a)

the reference to “the date of publication of proposals” is

(i)

to the date on which the requirements of paragraph (3) above are satisfied; or

(ii)

where different requirements are satisfied on different dates, to the last of those dates; and

(b)

the reference to “the appropriate further education funding council”is —

(i)

where the School is situated in England, to the Further Education Funding Council for England; and

(ii)

where the School is situated in Wales, to the Further Education Funding Council for Wales.

Annotations

Footnotes

f1: 1992 c. 13.