The New Schools (Admissions) (Wales) Regulations 1999

Reference of objections to the Assembly

5.—(1) Where—

(a) initial admission arrangements have been determined by an admission authority under regulation 4(6), but

(b) a body consulted by the admission authority under regulation 4(2) wish to make an objection about those arrangements, and

(c) the objection does not fall within any description of objections prescribed by regulation 2(2) of S.I. 1999/125,

that body may refer the objection to the Assembly.

(2) Subject to paragraph (3) an objection may not be referred under paragraph (1) unless it is received by the Assembly within 6 weeks after the receipt by the objecting admission authority of the notification required by virtue of regulation 4(6)(b).

(3) An objection which is received after the end of the period specified in paragraph (2) shall be regarded as properly referred if the Assembly is satisfied that it was not reasonably practicable for the objection to have been received earlier than the time when it was received.

(4) On a reference under paragraph (1) the Assembly shall decide whether, and (if so) to what extent, the objection should be upheld, but nothing in this paragraph shall require the Assembly to take such steps before the proposals required to be published under section 28(1) and (2) of the 1998 Act have been approved in accordance with the provisions of Schedule 6 to that Act.

(5) Where the Assembly decides that an objection referred to it under this regulation should be upheld to any extent, its decision on the objection may specify the modifications that are to be made to the admission arrangements in question.

(6) The decisions of the Assembly and the reasons for them shall be published by notifying them in writing to the parties to the objection and to all other bodies whom the admission authority was required to consult about the initial admission arrangements under regulation 4(2).

(7) The decision of the Assembly shall, in relation to the initial admission arrangements in question, be binding on the admission authority and on all persons by whom an objection about those arrangements may be made under paragraph (1); and if that decision is to uphold the objection to any extent, those arrangements shall forthwith be revised by the admission authority in such a way as to give effect to the decision.