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

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11.—(1) This regulation applies in any case where—

(a)the admission arrangements for a school determined by an admission authority include pre-existing selection arrangements;

(b)the determined admission number for any relevant age group at a school is lower than the current indicated admission number for that age group.

(2) For the purposes of paragraph (1)(a)—

(a)“selection arrangements” (“trefniadau dethol”) means those arrangements (if any) in the admission arrangements determined for a school for a particular school year which make provision for the selection of pupils by ability within the meaning of section 99(5); and

(b)selection arrangements are to be regarded as pre-existing if they—

(i)continue from provision made by the admission arrangements for the school in question at the beginning of the 1997-1998 school year and made by successive admission arrangements for the school since that time, and

(ii)depend solely for their lawfulness on section 100.

(3) For the purpose of paragraph (2)(b)(ii), selection arrangements are to be regarded as depending solely for their lawfulness on section 100 if they are not rendered lawful by virtue of section 99(1)(b) or (2)(c) (sixth forms), and section 101 (pupil banding).

(4) Where paragraph (1)(a) applies, the admission authority must publish the following information in a newspaper circulating in the locality served by the school, namely—

(a)the names of the admission authority and of the school or schools in respect of admission to which the provision for selection applies;

(b)the fact that admission arrangements have been determined which make provision for selection and a statement summarising the effect of the selection arrangements;

(c)the fact that parents living in the relevant area are able to refer an objection about the selection arrangements to the National Assembly(1);

(d)the address to which, and the date by which such an objection must be sent to the National Assembly;

(e)the fact that further information about the selection arrangements or about parents' right of objection may be obtained from the admission authority, including an address and telephone number for such contact.

(5) Where paragraph (1)(b) applies the admission authority must publish the following information in a newspaper circulating in the locality served by the school, namely—

(a)the names of the admission authority and of the school or schools in respect of which an admission number lower than the current indicated admission number has been determined for any relevant age group;

(b)the current indicated admission number relating to each relevant age group to which the admission authority had regard when determining a lower admission number;

(c)the determined admission number relating to each relevant age group which is lower than the current indicated admission number for that age group;

(d)the admission authority’s reasons for determining an admission number which is lower than the current indicated admission number;

(e)the fact that parents living in the relevant area are able to refer an objection about the admission number to the National Assembly;

(f)the address to which and the date by which such an objection must be sent to the National Assembly;

(g)the fact that further information about the admission number or about parents' right of objection may be obtained from the admission authority, including an address and telephone number for such contact.

(6) The information specified in paragraphs (4) and (5) must be published in the manner specified within 14 days after the date on which the admission authority determined the admission arrangements.

(1)

School Management Division 3.

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