The Education (Determination of Admission Arrangements) (Wales) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the Education (Determination of Admission Arrangements) Regulations 1999, to take into account the amendments made to the School Standards and Framework Act 1998 (“the 1998 Act”) in relation to school admission arrangements by the Education Act 2002. These Regulations set out the procedure which admission authorities should follow when determining their admission arrangements, including the consultation and notification process.

Section 89 of the 1998 Act provides that the admission authority for every maintained school must determine the school’s admission arrangements for each school year in accordance with the requirements set out in that section. These Regulations make provision for a number of purposes relating to the requirements of section 89.

Regulation 3 contains definitions of terms used in the Regulations.

Regulation 4 requires all admission authorities to complete the consultation required by section 89 of the 1998 Act before 1 March in the determination year (the school year beginning two years before the school year in which the pupils will be admitted). Consultation is not to take place before the beginning of the determination year, and admission authorities must determine the admission arrangements between 1 September and 15 April in the determination year.

There is a new duty to have regard to the indicated admission number for each relevant age group when determining the number of pupils to be admitted in any school year in any relevant age group.

The indicated admission number is the number calculated in accordance with the capacity assessment method set out in the guidance document ‘Measuring the capacity of schools in Wales’. This guidance is available on the National Assembly’s website at www.learning.wales.gov.uk.

Regulation 5 provides that where the admission arrangements are for a primary school, the duty under section 89(2)(b) of the 1998 Act to consult other admission authorities in the “relevant area” only applies to the authorities for other primary schools.

Regulation 6 specifies the additional consultation required by virtue of section 89(2)(d). An admission authority which is a local education authority must consult every neighbouring local education authority. An admission authority which is the governing body for a school must consult any other local education authority whose area falls within or adjoins the relevant area for consultation.

Regulation 7 provides a governing body who are an admission authority with a new power to suspend consultation requirements in certain circumstances. The requirements are disapplied if the governing body consulted on their proposed arrangements within the previous two determination years, those arrangements are unchanged, and no objection has been made to the National Assembly about their admission arrangements in the preceding five years. In addition the LEA maintaining the school must have notified the National Assembly that all the admission authorities in the relevant area undertook the required consultation for the determination year relating to 2008-2009 school year or any subsequent school year.

Regulation 8 provides that the consultation must relate to all of the proposed admission arrangements, except any “exempt arrangements”, that is arrangements which cannot be introduced or altered except by means of statutory proposals.

Regulation 9 provides that the admission authority must send a written copy of their proposed admission arrangements to each admission authority which they are required to consult, and invite their comments. Any exempt arrangements must be included in this written consultation document (though for information purposes only).

Regulation 10 sets out the requirements for notifying other admission authorities of the arrangements that are finally determined. This must be done in writing within 14 days from the date of the determination. There is a new requirement to notify all appropriate bodies who were entitled to be consulted even if they were not actually consulted because the consultation requirements have been suspended in accordance with Regulation 7.

Regulation 11 additionally requires details about admission arrangements which provide for selection of pupils by ability, to be published in a local newspaper. It also contains a new requirement for additional publication where the admission authority has determined an admission number for a relevant age group which is lower than the current indicated admission number for that age group. The details to be published must include an explanation of parents' right to object to such selection arrangements or such lower admission number to the National Assembly.

Regulation 12 requires an admission authority which must publish additional information under regulation 11 to provide, on request, further details relating to their admission arrangements and to the parents' right of objection.