The Education (Admissions Appeals Arrangements) (England) (Amendment) Regulations 2009

Statutory Instruments

2009 No. 25

Education, England

The Education (Admissions Appeals Arrangements) (England) (Amendment) Regulations 2009

Made

13th January 2009

Laid before Parliament

19th January 2009

Coming into force

10th February 2009

The Secretary of State for Children, Schools and Families, after consulting the Administrative Justice and Tribunals Council pursuant to paragraph 24 of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (1), makes the following Regulations in exercise of the powers conferred by sections 94(5A) and 95(3A) of the School Standards and Framework Act 1998 (2):

Citation, commencement and application

1.—(1) These Regulations may be cited as the Education (Admissions Appeals Arrangements) (England) (Amendment) Regulations 2009 and come into force on 10th February 2009.

(2) These Regulations apply in relation to England only.

Amendments to the Education (Admissions Appeals Arrangements) (England) (Amendment) Regulations 2008

2.—(1) The Education (Admissions Appeals Arrangements) (England) (Amendment) Regulations 2008 (3) are amended as follows.

(2) In regulation 1(2) for “against decisions communicated on or after 1st March 2009” substitute “heard on or after 10th February 2009”.

Sarah McCarthy-Fry

Parliamentary Under Secretary of State

Department for Children, Schools and Families

13th January 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make a minor amendment to the Education (Admissions Appeals Arrangements) (England) (Amendment) Regulations 2008 so as to correct a discrepancy between the commencement of those Regulations and the application of the revised School Admission Appeals Code.

The Education (Admissions Appeals Arrangements) (England) (Amendment) Regulations 2008 make various amendments to the Education (Admissions Appeals Arrangements) (England) Regulations 2002 which mirror certain changes made in the revised School Admission Appeals Code. The revised Code was laid before Parliament on 4th December 2008 pursuant to section 85 of the School Standards and Framework Act 1998. It is proposed to bring the Code into force on 10th February 2009, and it will apply to all appeals heard on or after that date.

These Regulations amend the commencement provision in regulation 1(2) of the 2008 Regulations so as to provide that the relevant changes they make to the 2002 Regulations will also apply to appeals heard on or after 10th February 2009 (rather than to appeals against decisions communicated on or after 1st March 2009).

(1)

2007 c.15.

(2)

1998 c.31; subsection (5A) was inserted into section 94 by section 50 of the Education Act 2002 (c.32). Subsection (5A)(aa) was inserted into subsection (5A) by section 152 of the Education and Skills Act 2008 (c. 25). Subsection (3A) was inserted into section 95 by Schedule 4 to the Education Act 2002. See section 142(1) of the School Standards and Framework Act 1998 for the definitions of “regulations” and “prescribed”.

(3)

S.I. 2008/3092.