Explanatory note

These Regulations make provision in relation to the determination of the initial admission arrangements for, and applications for admission to, new schools.

Regulation 3 specifies who is to be the admission authority for a new school in relation to its initial year, that is to say the body responsible for the determination of the arrangements for admission of pupils to the school for the school year in which it will first admit pupils. Where the school is to be a community or voluntary controlled school, the admission authority will be the local education authority or the temporary governing body where the local education authority have delegated this responsibility to them. Where the new school will be a foundation or voluntary aided school, the temporary governing body (or promoters) will be the admission authority.

Regulation 4 requires an admission authority for a new school to determine the initial admission arrangements not less than 6 months before the school opening date and, before doing so, to undertake consultation.

Regulation 5 makes provision, after the initial admission arrangements have been determined, for other admission authorities consulted in accordance with regulation 4 to refer objections to the adjudicator. If, at the time the objection is referred to the adjudicator, the proposals for the establishment of the school which are required to be published under the 1998 Act have not yet been approved, the adjudicator is not required to determine the objection until such time as the proposals have been approved.

Regulation 6 applies where a new school will have a religious character. It makes provision, where any special arrangements desired by the admission authority are agreed by the local education authority, for their inclusion in the initial admission arrangements, subject to consultation and determination by the adjudicator if objection to them is made by another admission authority. Where any special arrangements are not agreed by the local education authority the admission authority may nevertheless incorporate a draft of any such arrangements in the initial admission arrangements, in which case they are to refer the draft arrangements to the adjudicator and not adopt them until the adjudicator (or the Secretary of State) has decided that they may do so. The draft arrangements are subject to consultation in the usual way and another admission authority consulted may refer an objection about them to the adjudicator.

Regulation 7 provides for the initial admission arrangements to be varied in view of a major change of circumstances after they have been determined, subject to referral to the adjudicator. If, at the time of the referral, the proposals for the establishment of the school which are required to be published under the 1998 Act have not yet been approved, the adjudicator is not required to determine the proposed variation until such time as the proposals have been approved.

Regulation 8 and the Schedule provide for certain provisions of the Education Acts to apply, with modifications, to new schools.