The Education (Determination of Admission Arrangements) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

Section 89 of the School Standards and Framework Act 1998 provides that the admission authority for every maintained school must determine the school’s admission arrangements for each school year in accordance with the requirements set out in that section. These Regulations make provision for a number of purposes relating to the requirements of section 89. The Regulations come into force on 1st April 1999, except that regulations 3 to 7 do not apply for arrangements to admit pupils any earlier than the school year 2001/2002 (S.I. 1998/3165 deals with admission arrangements for the school year 2000/2001).

Regulation 2 contains definitions of terms used in the Regulations. Regulation 3 requires all admission authorities to take steps to ensure that they complete the consultation required by section 89 before 1st March in the determination year (the school year beginning two years before the school year in which the pupils will be admitted). There is a further duty to take steps to determine the admission arrangements before 15th April in the determination year.

Regulation 4 provides that the duty under section 89(2)(b) of the 1998 Act to consult other admission authorities in the “relevant area” only applies, where the admission arrangements are for a primary school, to the authorities for other primary schools. Regulation 5 specifies the additional consultation required by virtue of section 89(2)(c). An admission authority which is a local education authority must consult every neighbouring local education authority. An admission authority which is the governing body for a school must consult any other local education authority part of whose area is either within the relevant area for consultation or is within a specified distance from the school concerned. The distance is 3.2 kilometres (just under two miles) where the school is a primary school and 8 kilometres (just under five miles) where it is a secondary school.

Regulation 6 provides that the consultation is to relate to all of the proposed admission arrangements, except any arrangements (“exempt arrangements”) which determine the school as a grammar school or which cannot be introduced or altered except by means of statutory proposals. Any exempt arrangements must nevertheless be included in the written consultation document required by regulation 7 (though for information purposes only).

Regulation 8 sets out the requirements for notifying other admission authorities of the arrangements that are finally determined. This must be done in writing within 14 days. Regulation 9 additionally requires details about admission arrangements which provide for selection of pupils by ability or aptitude to be published in a local newspaper. These details must explain parents' right to object to such selection arrangements to the adjudicator (in England) or the Secretary of State (in Wales). Regulation 10 requires a school in such a case to provide, on request, further details relating to this right of objection.