The New School (Admissions) (Wales) Regulations 2006

Regulation 9

SCHEDULE E+W PROVISIONS OF ENACTMENTS APPLYING IN RELATION TO NEW SCHOOLS WITH MODIFICATIONS

1.  The following provisions of the Education Acts, namely— E+W

(a) sections 324(5)(b), 324(5A) and 439 of the Education Act 1996;

(b) sections 1, 84, 85A, 86, 87, 89B, 89C, 92, 94, 95 to 99, 101, 102 and 103(3) of the 1998 Act;

[F1 (ba) section 48(1) to (5) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;]

(c) any Regulations made under any of the provisions referred to in sub-paragraphs (a) and (b) above,

apply in relation to a new school but subject to the exceptions and modifications specified in paragraphs 2 to 8 below.

Textual Amendments

F1 Sch. para. 1(ba) inserted (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) (No. 2) Regulations 2021 (S.I. 2021/933), regs. 1, 2(2)

Commencement Information

I1 Sch. para. 1 in force at 1.2.2006, see reg. 1(1)

2.  A reference in any of the provisions specified in paragraph 1 to a school of one of the following categories, namely— E+W

(a) a maintained school;

(b) a school maintained by a local education authority;

(c) a community, foundation or voluntary school,

are to be construed as a reference to a new school which will become a school of that category when it first admits pupils.

Commencement Information

I2 Sch. para. 2 in force at 1.2.2006, see reg. 1(1)

3.  A reference in any of those provisions to a governing body of a school is to have effect as if it were a reference to a temporary governing body or (where the context admits) to any other person responsible for the admission of pupils under the initial admission arrangements. E+W

Commencement Information

I3 Sch. para. 3 in force at 1.2.2006, see reg. 1(1)

4.  A reference in any of those provisions to admission arrangements is to be construed as a reference to initial admission arrangements as defined in regulation 3. E+W

Commencement Information

I4 Sch. para. 4 in force at 1.2.2006, see reg. 1(1)

5.  A reference in any of those provisions to an admission authority is to have effect as if it were a reference to an admission authority as defined in regulation 3. E+W

Commencement Information

I5 Sch. para. 5 in force at 1.2.2006, see reg. 1(1)

6.  Section 101(1) of the 1998 Act is to have effect as if in sub-paragraph (a) for the words “any year” there is to be substituted “the year in which pupils are first to be admitted to a new school”. E+W

Commencement Information

I6 Sch. para. 6 in force at 1.2.2006, see reg. 1(1)

7.  Section 103(3) of the 1998 Act is to have effect as if the words “(whether authorised by section 100 or section 101)” were omitted. E+W

Commencement Information

I7 Sch. para. 7 in force at 1.2.2006, see reg. 1(1)

8.  Part 4 of the Education (School Information) (Wales) Regulations 1999(1) is not to apply in relation to any new school, the school opening date for which is between 15 April and 1 August in any year. E+W

Commencement Information

I8 Sch. para. 8 in force at 1.2.2006, see reg. 1(1)

(1)

S.I. 1999/1812 as amended by S.I. 2001/1111 (W.55), S.I. 2001/3710 (W.306), S.I. 2002/1400 (W.139), S.I 2004/1736 (W.179).