The School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) Regulations 2022

This Statutory Instrument has been printed to correct errors in S.I. 2021/992 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2022 No. 662

Education, England

The School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) Regulations 2022

Made

14th June 2022

Laid before Parliament

16th June 2022

Coming into force

7th July 2022

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 94(5) and (5A), 95(3) and (3A) and 138(7) of the School Standards and Framework Act 1998(1).

Citation, commencement and extent

1.—(1) These Regulations may be cited as the School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) Regulations 2022 and come into force on 7th July 2022.

(2) These Regulations extend to England and Wales.

Amendment of the School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) Regulations 2020

2.  In paragraph (2) of regulation 3 of the School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) Regulations 2020(2), for “on” substitute “at the end of”.

Barran

Parliamentary Under Secretary of State

Department for Education

14th June 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) Regulations 2020 (“the 2020 Regulations”).

The 2020 Regulations amended the School Admissions (Appeals Arrangements) (England) Regulations 2012 (“the 2012 Regulations”) for a temporary period. Where it was not reasonably practicable for certain existing constitutional and procedural requirements relating to school admissions appeals to be complied with for a reason related to the incidence or transmission of coronavirus, other more flexible constitutional and procedural requirements were made available.

Regulation 2(a) of the 2020 Regulations states that those Regulations apply to appeals to which the 2012 Regulations apply and which are lodged: on or after 24th April 2020 but on or before 30th September 2022; and before 24th April 2020 but where the appeal has not been fully determined on or before that date. However, Regulation 3(2) of the 2020 Regulations states that regulations 6 to 11 of those Regulations cease to have effect on 30th September 2022.

Regulation 2 amends regulation 3(2) of the 2020 Regulations so that regulations 6 to 11 cease to have effect at the end of 30th September 2022 rather than at the beginning of that date. This brings the expiry of the 2020 Regulations into line with regulation 2(a) of those Regulations, which makes provision for the 2020 Regulations to apply to appeals lodged on 30th September 2022. Accordingly, these Regulations are being issued free of charge to all known recipients of the School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) (No. 2) Regulations 2021 which last amended the expiry date in regulation 3(2) of the 2020 Regulations.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

An Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk.

(1)

1998 c. 31; section 94(5) and (5A) were substituted by the Education Act 2002 (c. 32), section 50 and subsection (5A) was amended by the Education and Skills Act 2008 (c.25), section 152 and S.I. 2010/1158. Section 95(3) and (3A) were substituted by paragraph 9 of Schedule 4 to the Education Act 2002. Subsection (3A) was amended by S.I. 2010/1158. Section 138(7) was amended by paragraph 3 of Schedule 17 to the Education and Inspections Act 2006 (c. 40). See the definitions of “prescribed” and “regulations” in section 142.

(2)

S.I. 2020/446, amended by S.I. 2021/992; there is another amending instrument but it is not relevant.