(This note is not part of the Regulations)
These Regulations amend the Education (Admission Appeals Arrangements) (Wales) Regulations 2005 (“the 2005 Regulations”) for appeals brought under sections 94 and 95 of the School Standards and Framework Act 1998 and lodged—
(a)on or after 4 May 2020 but on or before 31 January 2021, or
(b)before 4 May 2020 but where the appeal has not been fully determined on or before that date.
Regulation 3(1) provides that regulations 5 to 12 will continue to have effect following the expiry of these Regulations in prescribed, limited circumstances. Otherwise, as provided for by regulation 2(2), these Regulations will expire on 31 January 2021. Regulation 4 sets out that, on expiry, the 2005 Regulations will then apply again to appeals lodged from 1 February 2021 and to appeals ongoing on the date of expiry and which have not been decided by an appeal panel.
Regulation 6 introduces a new definition into regulation 2(1) of the 2005 Regulations: the “coronavirus exception”. That operates in two main ways under these Regulations—
(a)where it is not reasonably practicable for a governing body or a local authority to comply with the appeal arrangements in paragraph 1 of Schedule 1 for a reason related to the incidence or transmission of coronavirus, paragraph 1 of new Schedule 3 (inserted by regulation 12) applies instead to allow panels of two members to decide appeals (see regulation 7);
(b)where it is not reasonably practicable for an admission appeal panel to comply with the procedural requirements in paragraph 1(6) of Schedule 2 or the requirements of the School Admission Appeals Code on appeals in person for a reason related to the incidence or transmission of coronavirus, paragraph 2 of new Schedule 3 applies to enable appeal panels to hold hearings by remote access or decide appeals on the basis of the written information provided (see regulation 8).
Paragraphs 3 to 5 of new Schedule 3 make provision for various timelines to apply in respect of appeals to ensure that the admission authorities and governing bodies can set reasonable timelines during the period of operation of these Regulations.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has not been prepared as to the likely costs and benefits of complying with these Regulations.