The Education (Infant Class Sizes) (Transitional Provisions) Regulations 1998

Existing maintained schools: determining admission arrangements

5.—(1) This regulation applies where, at any time before 1st September 1998, the admission authority for any existing maintained school have determined or published arrangements

(a) for the admission of pupils to an infant class at that school in the 1999—2000 school year, or

(b) for appeals against decisions taken in relation to the admission of such pupils.

(2) Where

(a) the arrangements mentioned in paragraph (1) are to any extent inconsistent with the provisions of the 1996 Act referred to in the Schedule to the Education Act 1996 (Infant Class Sizes) (Modification) Regulations 1996(1) as they have effect as specified in that Schedule, or

(b) in the case of a school to which regulation 3 applies, the admission number specified in those arrangements as the number of pupils which it is intended to admit to the school for education in an infant class exceeds the maximum admission number (as defined in regulation 4(2)),

the admission authority shall, subject to paragraph (3), forthwith determine and publish fresh arrangements which are consistent with those provisions or (as the case may be) specify an admission number which does not exceed the maximum admission number.

(3) Before determining any fresh arrangements in accordance with paragraph (2), the admission authority shall consult

(a) in the case of a county or voluntary school

(i) the governing body (where the local education authority are the admission authority), or

(ii) the local education authority (where the governing body are the admission authority); or

(b) in the case of a grant-maintained school

(i) the local education authority in whose area the school is situated, and

(ii) (in relation to a school in England) the Funding Agency for Schools.

(1)

S.I. 1998/1948.