# The New School (Admissions) (England) Regulations 2003, Regulation 8: Variation of initial admission arrangements


(1) This regulation applies where –
(a) the admission authority for a new school have determined the initial admission arrangements in accordance with regulation 5(6)(a), or
(b) the admission authority for a new school established in connection with proposals involving the discontinuance of another school maintained by a local education authority have determined that the initial admission arrangements shall be the same as that school,
but at any time during the initial year or the following school year consider that the arrangements should be varied.
(2) Where this regulation applies the admission authority may—
(a) vary the admission arrangements in view of a major change of circumstances occurring since the initial admission arrangements were so determined, or
(b) vary the admission number where such a variation is necessary to implement the approval of proposals published under section 28 of the 1998 Act where—
(i) such proposals have been approved under paragraph 3 of Schedule 6, or
(ii) the local education authority have determined under paragraph 4 of that Schedule to implement such proposals;
(3) Where paragraph (2)(a) applies, the admission authority shall refer the proposed variation to the adjudicator, and shall in every case where there has been consultation under regulation 5(2) notify the bodies, whom they had consulted, of the proposed variation.
(4) Where paragraph (2)(b) applies, the admission authority shall refer the proposed variation to the adjudicator unless the proposals giving rise to that variation have been approved—
(a) by the relevant committee under paragraph 3(2)(b) of Schedule 6 without modification of any proposed admission number, or
(b) (where paragraph 3(5) or (6) of Schedule 6 applies) by the adjudicator in accordance with paragraph 3(7) of that Schedule,
(whether or not the proposals have subsequently been modified by the adjudicator under paragraph 5(7) of Schedule 6) provided in each case that, following such approval, the statutory proposals are not modified in relation to any admission number by the relevant committee pursuant to a request made under paragraph 5(2)(a) of that Schedule.
(5) The adjudicator shall consider whether the arrangements should have effect with those variations until the end of the initial year or (as the case may be) the following school year; and if he determines that the arrangements should have such effect or that they should have effect subject to such modifications of those variations as he may determine—
(a) the arrangements shall have effect accordingly as from the date of his determination; and
(b) in every case where there has been consultation under regulation 5(2) the admission authority shall notify the persons whom they consulted of the variations subject to which the arrangements are to have effect.
(6) Any reference in this regulation to Schedule 6 is a reference to Schedule 6 to the 1998 Act.

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Source: https://www.legislation.gov.uk/uksi/2003/1041/regulation/8 (the official version)
Page: https://openlegislation.uk/new-school-admissions-england-regulations-2003/regulation-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.