The New School (Admissions) (England) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision in relation to the determination of the initial admission arrangements and applications for admission to new schools. They revoke the New School (Admissions) (England) Regulations 1999 (S.I. 1999/2666).

Regulation 4 specifies who is to be the admission authority for a new school in relation to its initial year, that is to say the body responsible for the determination of the arrangements for admission of pupils to the school for the school year in which it will first admit pupils. Where the school is to be a community or voluntary controlled school, the admission authority will be the local education authority or the temporary governing body where the local education authority have delegated this responsibility to them. Where the new school will be a foundation or voluntary aided school, the temporary governing body (or, where appropriate, the local education authority or promoters) will be the admission authority.

Regulation 5 requires an admission authority for a new school to determine the initial admission arrangements not less than six months before the school opening date. An admission authority is under a duty to consult on the initial admission arrangements before they are so determined.

Regulation 6 requires an admission authority to determine, as part of the initial admission arrangements, an admission number for each relevant age group, that is to say the number of pupils in any relevant age group which it intends to admit to the school. Any admission number must be the same as the admission number approved in accordance with the relevant statutory proposals for the establishment of the new school. Where the initial admission arrangements have been determined before the relevant statutory proposals have been approved, the admission authority must determine the admission number in accordance with the admission number proposed under the statutory proposals, which will be deemed as a provisional admission number until the proposals have been approved.

Regulation 7 makes provision, after the initial admission arrangements have been determined, for admission authorities and governing bodies of community and voluntary controlled schools, consulted in accordance with regulation 5, to refer objections to the adjudicator.

Regulation 8 provides for the initial admission arrangements to be varied either in view of a major change of circumstance, or where a variation is necessary to implement the approval of statutory proposals published under section 28 of the 1998 Act. The proposed variation must be referred to the adjudicator unless circumstances, prescribed under the Regulations, apply.

Regulation 9 and the Schedule provide for certain provisions of the Education Acts and the Education (School Information) (England) Regulations 2002 (S.I. 2897), to apply with modifications to new schools.