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The New Schools (Admissions) (Wales) Regulations 1999

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Interpretation

2.—(1) In these Regulations, unless the context otherwise requires —

“the 1996 Act” means the Education Act 1996(1);

“the 1998 Act” means the School Standards and Framework Act 1998;

“S.I. 1999/124” means the Education (Relevant Areas for Consultation on Admission Arrangements) Regulations 1999(2)

“S.I. 1999/125” means the Education (Objections to Admissions Arrangements) Regulations 1999(3);

“S.I. 1999/362” means the Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999(4);

“S.I. 1999/704” means the Education (Transition to New Framework) (School Organisation Proposals) Regulations 1999(5);

“admission authority”, in relation to a new school, means the person or body responsible under regulation 3 for making the school’s initial admission arrangements;

“Assembly” means the National Assembly for Wales(6);

“initial year”, in relation to a new school, means the school year in which pupils are (or it is intended, should be) admitted to the school;

“initial admission arrangements”, in relation to a new school, means the arrangements for the admission of children to the school (including the school’s admission policy) for the initial year;

“main entrance” means the principal entrance to the school premises in question, or (if the school has more than one site) to the principal entrance to the main administrative building of the school;

“maintained school” has the meaning given by section 84(6) of the 1998 Act;

“new school” has the meaning given by section 72(3) of the 1998 Act except that it includes a school or proposed school with a temporary governing body having the meaning given by these Regulations;

“school opening date”, in relation to a new school, means the date when the school first admits pupils;

“temporary governing body” means —

(i)

a temporary governing body constituted under section 44 of the 1998 Act,

(ii)

a transitional governing body treated as so constituted by virtue of regulation 13(5) of S.I. 1999/362, or (as the case may be)

(iii)

a temporary governing body treated as so constituted by virtue of regulation 13 of S.I. 1999/704.

(2) Regulations 4, 5 and 6 shall not apply where the admission authority for a new school established as part of proposals involving the discontinuance of another school maintained by a local education authority determine that the initial admission arrangements shall be the same as those of that school.

(6)

The National Assembly for Wales was established by section 1 of the Government of Wales Act 1998 (c. 38). All functions of the Secretary of State relevant to these Regulations are transferred to the Assembly by the National Assembly for Wales (Transfer of Functions) Order 1999 with effect from 1st July 1999. Accordingly, in relation to Wales, references to the Secretary of State in the relevant sections of and Schedules to the School Standards and Framework Act 1998 are to be construed as being, or including, a reference to the Assembly see section 43 of the Government of Wales Act 1998.

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