The New School (Admissions) (England) Regulations 1999

Special arrangements for religious character of new schools

6.—(1) This regulation makes provision for the inclusion in the initial admission arrangements for a school which will be a foundation or voluntary aided school which has a religious character of arrangements in respect of the admission of pupils to the school for preserving the religious character of the school (“special arrangements”).

(2) Where any special arrangements desired by the admission authority for such a school are agreed to by the local education authority—

(a) the admission authority may incorporate them in the proposed initial admission arrangements which are subject to consultation under regulation 4(2); and

(b) if the admission authority do so, regulation 5(1) shall apply to any objection about the special arrangements which—

(i) is made by the admission authorities which are consulted under regulation 4(2)(b) or (c), and

(ii) falls within regulation 5(1),

as it applies to any other objection falling within regulation 5(1).

(3) Where any special arrangements desired by the admission authority for a new such school are not agreed to by the local education authority—

(a) the admission authority may incorporate a draft of any such arrangements in the proposed initial admission arrangements which are subject to consultation under regulation 4(2); but

(b) if the admission authority do so—

(i) they shall refer the draft arrangements to the adjudicator, and

(ii) they shall not determine to adopt those arrangements in the initial admission arrangements for the school unless (and to the extent that) the adjudicator or the Secretary of State decide under this regulation that they may do so, and

(iii) any of the bodies consulted under regulation 4(2) may make an objection to the adjudicator about the draft arrangements.

(4) On such a reference the adjudicator shall either—

(a) decide whether (having regard to any objections received by him under paragraph (3)) the draft arrangements may be adopted by the admission authority, whether with or without modification, or

(b) where any objections so received are about any criterion for admission to a school relating to a person’s religion, religious denomination or religious practice, refer the draft arrangements to the Secretary of State for that question to be decided by him,

save that nothing in this paragraph shall require the adjudicator or the Secretary of State (as the case may be) to take such steps before the proposals required to be published under section 28(1) and (2) of the 1998 Act have been approved in accordance with the provisions of Schedule 6 to that Act.

(5) Where the draft arrangements are referred to the Secretary of State under paragraph 4(b), the adjudicator shall, if the Secretary of State so requests, give his advice on the question referred to in that provision.

(6) In the case of any draft arrangements referred to him under paragraph (3), the adjudicator or the Secretary of State (as the case may be) shall publish his decision on the reference and the reasons for it by notifying in writing the admission authority, the body making the objection and all other bodies whom the admission authority was required to consult about the initial admission arrangements under regulation 4(2).

(7) The decisions of the adjudicator or the Secretary of State (as the case may be) on any such reference shall, in relation to the draft arrangements in question, be binding on the admission authority and on all persons whom they consulted under regulation 4(2).

(8) Where an admission authority have, in accordance with the preceding provisions of this regulation (and, so far as applicable, regulations 4 and 5), determined that the initial admission arrangements for their school should include any special arrangements, those provisions shall apply on any subsequent occasion—

(a) when the admission authority desire to modify those special arrangements; or

(b) where the local education authority agreed to any such arrangements, when the authority withdraw their agreement to those arrangements or any part of them, whether with a view to seeking any modification of them or otherwise.