The School Admission Appeals Code (Appointed Day)(England) Order 2008

Statutory Instruments

2008 No. 53

education, england

The School Admission Appeals Code (Appointed Day)(England) Order 2008

Made

14th January 2008

The Secretary of State for Children, Schools and Families makes the following Order in exercise of the powers conferred by section 85(5) of the School Standards and Framework Act 1998(1):

Citation and application

1.—(1) This Order may be cited as the School Admission Appeals Code (Appointed Day) (England) Order 2008.

(2) This Order applies only in relation to England.

Appointed day

2.  The day appointed for the coming into force of the School Admission Appeals Code (a copy of a draft of which was laid before each House of Parliament on 14th November 2007) is 17th January 2008.

Jim Knight

Minister of State

Department for Children, Schools and Families

14th January 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order appoints 17th January 2008 as the day on which the School Admission Appeals Code, issued under sections 84 and 85 of the School Standards and Framework Act 1998 (“the Act”) by the Secretary of State for Children, Schools and Families, comes into force. The new Code applies only in relation to England.

The new Code imposes requirements and includes guidelines setting out aims, objectives and other matters in relation to the arrangements for appeals against decisions about admission of children to schools. The Code replaces the previous School Admission Appeals Code of Practice, which came into force on 31st January 2003. Under section 84(3) of the Act, local education authorities, the governing bodies of maintained schools, admission forums, appeals panels and the schools adjudicator must act in accordance with relevant provisions of the Code when exercising functions under Chapter 1 of Part 3 of the Act. In addition, when any other person exercises a function for the purposes of the discharge of functions under Chapter 1 of Part 3 by a local education authority or the governing body of a maintained school, they must act in accordance with any relevant provisions of the Code.

The Code applies to appeals against decisions communicated to parents on or after 1st March 2008. The 2003 Code continues to apply to appeals against decisions communicated before that date.

(1)

1998 c.31: section 85 is amended by section 40 of the Education and Inspections Act 2006 (c.40).