The School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) Regulations 2021

Statutory Instruments

2021 No. 14

Education, England

The School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) Regulations 2021

Made

6th January 2021

Laid before Parliament

8th January 2021

Coming into force

31st January 2021

The Secretary of State for Education, in exercise of the powers conferred by sections 94(5) and (5A), 95(3) and (3A) and 138(7) of the School Standards and Framework Act 1998(1), makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) Regulations 2021 and come into force on 31st January 2021.

Amendment to the School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) Regulations 2020

2.—(1) The School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) Regulations 2020(2) are amended as follows.

(2) In each of regulations 2, 3(2) and 5 for “31st January 2021” substitute “30th September 2021”.

(3) In regulation 5 for “1st February 2021” substitute “1st October 2021”.

Nick Gibb

Minister of State

Department for Education

6th January 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) Regulations 2020 (“the 2020 Amendment Regulations”).

The 2020 Amendment Regulations amended the School Admissions (Appeals Arrangements) (England) Regulations 2012 (“the 2012 Regulations”) for a temporary period. Where it was not reasonably practicable for certain existing constitutional and procedural requirements relating to school admissions appeals to be complied with for a reason related to the incidence or transmission of coronavirus, other more flexible constitutional and procedural requirements were made available. Provision was made for various timelines to apply in respect of appeals to ensure that reasonable timelines could be set during the period of operation of the 2020 Amendment Regulations.

Regulation 2 extends the duration of the operation of the 2020 Amendment Regulations, by:

• amending regulation 2 of the 2020 Amendment Regulations by substituting a new expiry date for appeals lodged so that the 2020 Amendment Regulations apply to appeals lodged on or after 24th April 2020, but on or before 30th September 2021 (in substitution for 31st January 2021);

• amending regulation 3(2) of the 2020 Amendment Regulations by substituting the expiry date of 31st January 2021 for a new expiry date of 30th September 2021; and

• amending regulation 5 of the 2020 Amendment Regulations. Subject to regulation 4 of the 2020 Amendment Regulations, the 2012 Regulations will continue to apply as though the amendments made by the 2020 Amendment Regulations had not been made to appeals lodged: (a) on or after 1st October 2021 (in substitution for 1st February 2021); and (b) on or before 30th September 2021 and which have not been decided (in substitution for 31st January 2021).

A full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of business and the voluntary sector.

An Explanatory Memorandum is published alongside the Regulations on www.legislation.gov.uk .

(1)

1998 c. 31; section 94(5) and (5A) was substituted by section 50 of the Education Act 2002 (c. 32) and subsection (5A) was amended by section 152 of the Education and Skills Act 2008 (c. 25) and S.I. 2010/1158. Section 95(3) and (3A) was substituted by section 51 of and paragraph 9 of Schedule 4 to the Education Act 2002. Subsection (3A) was amended by S.I. 2010/1158. Section 138(7) was amended by section 175 of and paragraphs 3(1) and (4) of Schedule 17 to the Education and Inspections Act 2006 (c. 40).

(2)

S.I. 2020/446.