OpenLegislation

Explanatory note

England and Wales

(This note is not part of the Regulations)

These Regulations which come into force on 27th February 2007 make provision for the co-ordination of admission to primary and secondary maintained schools in England.

They are consolidating regulations. They revoke and replace:

The Education (Co-ordination of Admission Arrangements) (Primary Schools) (England) Regulations 2002,

The Education (Co-ordination of Admission Arrangements) (Primary Schools) (England) (Amendment) Regulations 2003,

The Education (Co-ordination of Admission Arrangements) (Primary Schools) (England) (Amendment) Regulations 2004,

The Education (Co-ordination of Admission Arrangements) (Primary Schools) (England) (Amendment) Regulations 2005,

The Education (Co-ordination of Admission Arrangements) (Secondary Schools) (England) Regulations 2002 and

The Education (Co-ordination of Admission Arrangements) (Secondary Schools) (England) (Amendment) Regulations 2004.

The Regulations are made under sections 89B and 89C of the School Standards and Framework Act 1998 and require local education authorities (with the exception of the Council of the Isles of Scilly) to formulate a qualifying primary scheme and a qualifying secondary scheme, to co-ordinate arrangements for the admission of pupils to primary and secondary schools in their area.

The Regulations are made under sections 89B and 89C of the School Standards and Framework Act 1998 and require local education authorities (with the exception of the Council of the Isles of Scilly) to formulate a qualifying primary scheme and a qualifying secondary scheme, to co-ordinate arrangements for the admission of pupils to primary and secondary schools in their area.

Regulation 4 requires LEAs to formulate qualifying schemes which comply with the requirements of Schedule 2 (primary schemes) or Schedule 3 (secondary schemes). Where a qualifying scheme, or an imposed scheme from the previous year, are adopted by the LEA and relevant governing bodies regulation 4 provides that the duty to formulate a qualifying scheme does not apply. Regulation 5 prescribes the action to be taken by a LEA, including consultation requirements, to secure the adoption of qualifying schemes.

Regulation 6 requires LEAs to notify the Secretary of State when a scheme is adopted, and regulation 7 provides that where an LEA does not so notify the Secretary of State by 15th April in the relevant year, the Secretary of State may impose a scheme.

Regulations 8 and 9 prescribe the dates on which decisions to offer or refuse admission to schools are to be communicated to parents.

They also make one substantive change, by enabling governing bodies which are the admission authority for a school to arrange for another body (including the local education authority) to determine the order of priority in which applications for the school are ranked by reference to the school’s admission criteria.