Regulation 8 Amendment of Principal Regulations

after paragraph (1)(f) there shall be inserted the following paragraph—

“(fa)

the formation of any federation (within the meaning of section 24(2) of the Education Act 2002) of which it is intended that a proposed school should form part, or the fulfilling of any other condition relating to the proposed school forming part of a federation;”;

for paragraph (1)(g) there shall be substituted the following paragraph—

“(g)

the making of any agreement under section 482(1) of the 1996 Act ^f1 for the establishment of an Academy, where the proposals in question provide for some or all of the pupils currently at the school which is the subject of the proposals to transfer to the Academy.”;

after paragraph (1)(i) there shall be inserted the following paragraph—

“(ia)

the agreement to any change in admission arrangements specified in the approval, relating to any other school;”;

after paragraph (1) there shall be inserted the following paragraph —

“(2)

For the purposes of paragraph (1)(ia) above a change in admission arrangements is agreed—

(a)

in a case where the change arises from the admission arrangements for the school year in question being different from the admission arrangements for the previous school year, if the admission arrangements are determined under section 89(4) of the Act and either—

(i)

no objection is made to the change in accordance with section 90 of the Act, or

(ii)

if an objection to the change is made and referred to the adjudicator in accordance with section 90 of the Act, the objection is not upheld;

(b)

in a case where the change arises from a variation made under section 89(5) of the Act or made under the Education (Variation of Admission Arrangements)(England) Regulations 2002^f2 where the variation is required to be referred to the adjudicator, if the adjudicator determines that the variation should have effect without modifications; and

(c)

in a case where the change arises from a variation made under those regulations where the variation is not required to be referred to the adjudicator, when the variation is made.”.