Regulation 5 Objections that may be referred by parents

(1)

For the purposes of section 90(2)(c), the description of objection that may be referred by a parent under that subsection is an objection about pre-existing selection arrangements.

(2)

For the purpose of this regulation,

(a)

“selection arrangements” means those arrangements (if any) in the admission arrangements determined for a school for a particular school year which make provision for the selection of pupils by ability or by aptitude within the meaning of section 99(5); and

(b)

selection arrangements are to be regarded as pre-existing if they–

(i)

continue from provision made by the admission arrangements for the school in question at the beginning of the 1997/98 school year and made by successive admission arrangements for the school since that time; and

(ii)

depend solely for their lawfulness on section 100.

(3)

For the purpose of paragraph (2)(b)(ii), selection arrangements are to be regarded as depending solely for their lawfulness on section 100 if they are not rendered lawful by virtue of section 99(1)(b) or (2)(c) (grammar schools or sixth forms), section 101 (pupil banding) or section 102 (aptitude for particular subjects).