Regulation 4 Procedure for determining admission arrangements

(1)

The admission authority for a new school shall determine the initial admission arrangements not less than 6 months before the school opening date.

(2)

Before determining the initial admission arrangements the admission authority shall consult the following about the proposed arrangements, namely—

(a)

in the case of a local education authority, every local education authority any part of whose area adjoins the area of the consulting authority;

(b)

in the case of a temporary governing body or promoters, every local education authority any part of whose area lies within, or adjoins, the relevant area; and

(c)

in all cases, the admission authorities for all other maintained schools in the relevant area.

(3)

In paragraph (2) “the relevant area” is—

(a)

in the case of a school which will first admit pupils before the school year commencing in 2001, the area described by a circle—

(i)

of which the centre is the proposed main entrance to the new school; and

(ii)

which has a radius of 4.83 kilometres (3 miles);

(b)

in the case of a school which will first admit pupils in the school year commencing in 2001 or in any later school year, the relevant area or relevant areas determined by the local education authority in accordance with S.I. 1999/124.

(4)

A school is only to be regarded as within the relevant area prescribed by paragraph (3)(a) if its main entrance lies within that area.

(5)

In relation to the proposed initial admission arrangements for a primary school, paragraph (2) shall only require the admission authority to consult the admission authorities for other schools in the relevant area which are primary schools.

(6)

Where the local education authority are the admission authority for a community or voluntary controlled school, for which a temporary governing body have been constituted (or are treated as having been constituted), they shall when preparing proposed initial admission arrangements for consultation under paragraph (2), consult that temporary governing body about the initial admission arrangements which the authority may propose for the school.

(7)

Once the admission authority have carried out any consultation under paragraph (2), the authority shall—

(a)

determine that their proposed arrangements (either in their original form or with such modifications as the authority think fit) shall be the initial admission arrangements; and

(b)

notify the bodies whom they consulted under paragraph (2) of those arrangements.