The School Admissions (Admission Arrangements and Co-ordination of Admission Arrangements) (England) (Amendment) Regulations 2014

Statutory Instruments

2014 No. 2886

Education, England

The School Admissions (Admission Arrangements and Co-ordination of Admission Arrangements) (England) (Amendment) Regulations 2014

Made

30th October 2014

Laid before Parliament

3rd November 2014

Coming into force

19th December 2014

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 88C, 88E, 88F, 88H, 88K, 88M, 92, 100, 102 and 138(7) of the School Standards and Framework Act 1998(1).

Citation and commencement

1.  These Regulations may be cited as the School Admissions (Admission Arrangements and Co-ordination of Admission Arrangements) (England) (Amendment) Regulations 2014 and come into force on 19th December 2014.

Amendment of the School Admissions (Admission Arrangements and Co-ordination of Admission Arrangements) (England) Regulations 2012

2.  The School Admissions (Admission Arrangements and Co-ordination of Admission Arrangements) (England) Regulations 2012(2) are amended in accordance with regulations 3 to 18.

3.  In regulation 1 (citation, commencement and application)—

(a) in paragraph (2) for “academic” substitute “school”; and

(b) in paragraph (3)(a) for “academic” substitute “school”.

4.  In regulation 2 (interpretation)—

(a) in paragraph (2) for every instance of “academic” in the definitions of “admission number”, “admission year”, “determination year”, “offer year”, “pre-existing selection arrangements” and “selection arrangements”, substitute “school”;

(b) in paragraph (2) after the definition of “School Admissions Code” insert—

““school year” means the period beginning with the first school term to begin after July and ending with the beginning of the first such term to begin after the following July;”;

(c) in paragraph (3) for “academic” substitute “school”.

5.  In regulation 3 (revocations and amendments) omit paragraphs (2) and (3).

6.  In regulation 5 (proportion of selective admissions) in paragraph (2) for “an academic” substitute “a school”.

7.  In regulation 6 (selection by aptitude for particular subjects) in paragraph (2) for every instance of “academic” substitute “school”.

8.  In regulation 13 (matters to which consultation is to relate) in paragraph (2) for “academic” substitute “school”.

9.  In regulation 14 (matters about which consultation is not required) in paragraph (1) for “academic” substitute “school”.

10.  In regulation 15 (circumstances where consultation on admission arrangements is not required)—

(a) in paragraph (2) for “academic” substitute “school”; and

(b) in paragraphs (2) and (4) for “seven” substitute “six”.

11.  For regulation 17 (time for consultation and determination of admission arrangements) substitute—

“17.— (1) For the school year 2016-2017, every admission authority must—

(a) complete any consultation required by section 88C and these Regulations on or before 1st March 2015;

(b) allow consultees at least eight weeks to respond; and

(c) determine their admission arrangements on or before 15th April 2015.

(2) For the school year 2017-2018 and every subsequent school year, every admission authority must—

(a) carry out any consultation required by section 88C and these Regulations between 1st October and 31st January in the determination year;

(b) allow consultees at least six weeks to respond; and

(c) determine their admission arrangements on or before 28th February in the determination year.”.

12.  In regulation 18 (publication by local authority)—

(a) in paragraph (1) for “by 1st May in the determination year” substitute “on or before the relevant date”; and

(b) after paragraph (1) insert—

“(1A) For the purposes of paragraph (1), the relevant date is—

(a) for admission arrangements for the school year 2016-2017, 1st May 2015; and

(b) for admission arrangements for the school year 2017-2018 and every subsequent school year, 15th March in the determination year.”.

13.  In regulation 19 (variation of admission arrangements) in paragraph (1) for “academic” substitute “school”.

14.  For regulation 23 (time limit for objections) substitute—

“23.— (1) For admission arrangements for the school year 2016-2017, the adjudicator is not required to determine an objection under section 88H(2) unless it is received by the adjudicator on or before 30th June 2015.

(2) For admission arrangements for the school year 2017-2018 and every subsequent school year, the adjudicator is not required to determine an objection referred under section 88H(2) unless it is received by the adjudicator on or before 15th May in the determination year.”.

15.  In regulation 27 (action to be taken by a local authority to secure adoption of a qualifying scheme) in paragraph (3)(b) for “seven” substitute “six”.

16.  For regulation 28 (information to be provided to the Secretary of State) substitute—

“28.— (1) For admission arrangements for the school year 2016-2017, a local authority must inform the Secretary of State on or before 15th April 2015 whether they have secured the adoption of a qualifying scheme or not.

(2) For admission arrangements for the school year 2017-2018 and every subsequent school year, a local authority must inform the Secretary of State on or before 28th February in the determination year whether they have secured the adoption of a qualifying scheme or not.”.

17.  For regulation 29 (making of a scheme by the Secretary of State) substitute—

“29.— (1) In any case where the local authority have not informed the Secretary of State on or before the relevant date in accordance with regulation 28 that a qualifying scheme has been adopted in their area—

(a) the Secretary of State may make and impose a qualifying scheme; or

(b) where the Secretary of State has previously made and imposed a qualifying scheme which had effect in relation to the preceding year and has not been revoked, the Secretary of State may notify the local authority that that qualifying scheme has effect in relation to the academic year immediately following.

(2) For the purposes of this regulation, the relevant date is—

(a) for admission arrangements for the school year 2016-2017, 15th April 2015; and

(b) for admission arrangements for the school year 2017-2018 and every subsequent school year, 28th February in the determination year.”.

18.  In Schedule 4 (Rabbinic Authorities)—

(a) in the list of schools for which the Chief Rabbi of the United Hebrew Congregations of the British Commonwealth/United Synagogue is the appropriate rabbinic authority—

(i) omit “Independent Jewish Day School, London NW4 2AH”, “King David High School, Manchester M8 5DY”, “King David Infants School, Manchester M8 6DR”, “King David Junior School, Manchester M8 5DJ” and “Yavneh College, Borehamwood WD6 1HN”; and

(ii) insert “Sacks Morasha Jewish Primary School, London” after “Rosh Pinah Jewish Primary School, Edgware” and “N12 9DX” in the corresponding place in the “Postcode” column;

(b) in the list of schools for which the Elector Rabbis of the Jewish Secondary Schools Movement is the appropriate rabbinic authority—

(i) omit “Hasmonean High School, London NW14 1NA”; and

(ii) insert “Ben Shvidler Primary School, Edgware” before “Hasmonean Primary School, London” and “HA8 8NX” in the corresponding place in the “Postcode” column;

(c) in the list of schools for which the Lubavitch Foundation is the appropriate rabbinic authority, insert “Lubavitch Boys Primary School, London” before “Lubavitch Ruth Lunzer Girls Primary School, London” and “E5 9AE” in the corresponding place in the “Postcode” column;

(d) omit “Machzikei Hadass Synagogue, Manchester”, “Beis Yaakov High School, Salford M7 4FF” and “Yesoiday Hatorah School, Manchester M25 0JW”;

(e) in the list of schools for which the Va’ad HaChinuch, Manchester, is the appropriate rabbinic authority, omit “Broughton Jewish Cassel Fox Primary School, Salford M7 4RT”.

David Laws

Minister of State

Department for Education

30th October 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the School Admissions (Admission Arrangements and Co-ordination of Admission Arrangements) (England) Regulations 2012 (the Principal Regulations) and come into force on 19th December 2014, at the same time as the School Admissions Code 2014 (the Code).

Regulations 3, 4, 6, 7, 8, 9, 10 and 13 substitute the term “school year” for “academic year”. The enabling powers for the Principal Regulations in the School Standards and Framework Act 1998 (the SSFA 1998) refer to “school year” in relation to admission arrangements. Section 88M of the SSFA 1998 refers to “academic year” but only in relation to a local authority qualifying scheme to co-ordinate admission arrangements. Regulations 3, 4, 6, 7, 8, 9, 10 and 13 amend the Principal Regulations to ensure consistency with the primary legislation.

Regulation 10 amends the frequency with which an admission authority is required to consult on their admission arrangements to ensure consistency with the Code. An admission authority is required to consult on their admission arrangements at least once every seven years i.e. where they have not consulted in any of the preceding six years.

Regulation 11 amends the dates by which an admission authority must consult on and determine their admission arrangements. For admission arrangements for the school year 2017-2018 and subsequent years, an admission authority must consult for a minimum of 6 weeks between 1st October and 31st January in the determination year, and must determine their admission arrangements by 28th February in the determination year.

Regulation 12 amends the date by which a local authority must publish school admissions information for its area. For admission arrangements for the school year 2017-2018 and subsequent years, a local authority must publish the required information by 15th March in the determination year.

Regulation 14 amends the date by which objections must be received by the school adjudicator. For admission arrangements for the school year 2017-2018 and subsequent years, an objection must be received by the adjudicator by 15th May in the determination year.

Regulation 15 amends the frequency with which a local authority is required to consult on a qualifying scheme to ensure consistency with the Code. A local authority is required to consult on a qualifying scheme at least once every seven years i.e. where it has not consulted in any of the preceding six years.

Regulations 16 and 17 amend the date by which a local authority must inform the Secretary of State whether they have secured the adoption of a qualifying scheme or not. For admission arrangements for the school year 2017-2018 and subsequent years, a local authority must provide this information to the Secretary of State by 28th February in the determination year and if they do not do so, the Secretary of State may make and impose a scheme.

Regulation 18 amends Schedule 4 (Rabbinic Authorities) to remove schools that have converted to Academies and are, therefore, no longer maintained schools to which the Principal Regulations apply, and to insert new maintained Jewish schools that have been established since the Principal Regulations were made.

An impact assessment has not been produced for this instrument as it has no impact on businesses and civil society organisations. The instrument has minimal impact on the public sector.

(1)

1998 c.31; sections 88C to 88M were inserted by section 151 of the Education and Skills Act 2008 (c.25), sections 88F and 88M were amended by S.I. 2010/1158 and sections 88F, 88H and 88K were amended by the Education Act 2011 (c.21): sections 88H and 88K by section 36, sections 88H and 88K by section 64, and sections 88F and 88K by Schedule 10. Section 92 was substituted by paragraph 7 of Schedule 4 to the Education Act 2002 (c.32), sections 100 and 102 were amended respectively by sections 53 and 54 of the Education and Inspections Act 2006 (c.40). See section 142(1) of the School Standards and Framework Act 1998 for the definition of “regulations” and “prescribed”.

(2)

S.I. 2012/8.