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The School Admissions (Co-ordination of Admission Arrangements) (England) Regulations 2008

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Action to be taken by an authority to secure adoption of a qualifying scheme

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5.—(1) This regulation prescribes for the purposes of section 88M(1)(b) the action to be taken by an authority with a view to securing the adoption of a qualifying scheme by themselves and each governing body who are the admission authority for a primary school or secondary school in their area.

(2) An authority must formulate a qualifying scheme by 1st January in the relevant determination year.

(3) The authority must refer a qualifying scheme which they propose should be adopted in their area to the Admission Forum established for that area under section 85A(1).

(4) The authority must consult the Admission Forum on the contents of the qualifying scheme.

(5) Where—

(a)the Admission Forum advises that the qualifying scheme is substantially different to the qualifying scheme adopted for the preceding academic year, or

(b)the authority have not consulted on a qualifying scheme in accordance with this paragraph in either of the two preceding academic years,

the authority must consult the bodies mentioned in paragraph (6).

(6) The bodies mentioned in this paragraph are—

(a)each governing body who are the admission authority for a school in the authority’s area; and

(b)any other local education authority as the authority may determine.

(7) The consultation pursuant to paragraph (6)(b) must be undertaken with a view in particular to securing that the arrangements for the admission of pupils to schools in the areas of different local education authorities are, so far as is reasonably practicable, compatible with each other.

(8) Once the authority have carried out any consultation required under this regulation they must determine the qualifying scheme (either in its original form or with such modifications as the authority think fit) which they propose should apply for the academic year in question and must take all reasonable steps to secure its adoption by themselves and each governing body they consulted in relation to it.

(1)

Section 85A was inserted by section 46 of the Education Act 2002 (c.32).

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