The New School (Admissions) (Wales) Regulations 2006

Regulation 9

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

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

(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;

(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.

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

(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.

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.

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.

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.

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”.

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.

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.

(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).