Welsh Statutory Instrument 2006 No. 175 (W.26)
The New School (Admissions) (Wales) Regulations 2006
(The document as of February, 2008. Arhiv.Online Library)
2006 No. 175 (W.26)
The New School (Admissions) (Wales) Regulations 2006
In exercise of the powers conferred on the Secretary of State by sections 72 and 138(7) of the School Standards and Framework Act 1998 now vested in the National Assembly for Wales, the National Assembly for Wales makes the following Regulations:
Title, commencement and application
1.—(1) The title of these Regulations is The New School (Admissions) (Wales) Regulations 2006 and they come into force on 1 February 2006.
(2) These Regulations apply in relation to new schools in Wales which, in the school year in which they will first admit pupils, are to be community, foundation or voluntary schools.
(3) Regulations 5, 6 and 7 do not apply in relation to a new school where the admission authority for such a school, established in connection with proposals involving the discontinuance of another school maintained by a local education authority, determine that the initial admission arrangements are to be the same as those of the discontinued school.
Revocation and transitional provision
2.—(1) Subject to paragraph (2), the New School (Admissions) (Wales) Regulations 1999 are revoked.
(2) The New School (Admissions) (Wales) Regulations 1999 are to continue to have effect in relation to any school established in accordance with proposals published under section 28 of the 1998 Act the opening date for which is before the school year 2007-8 and nothing in these Regulations applies in relation to such a school.
3.In these Regulations—
Responsibility for initial admission arrangements
(b) the temporary governing body where, with the agreement of that body, the local education authority have delegated to them responsibility for determining those arrangements.
(2) The initial admission arrangements for a new school which is to be a foundation or a voluntary aided school are to be made by—
(b) (unless sub-paragraph (c) applies) the promoters where—
(ii) the promoters consider it expedient for the admission arrangements to be determined without delay, or
(c) in the case of a foundation school which is to be established by a local education authority pursuant to proposals published under section 28(1)(a) of the 1998 Act, that authority where—
(ii) that authority considers it expedient for the admission arrangements to be determined without delay.
Procedure for determining admission arrangements
(b) where the temporary governing body or promoters are the admission authority, every local education authority any part of whose area lies within, or adjoins, the relevant area; and
(c) in all cases—
(ii) the governing bodies of all community and voluntary controlled schools (so far as not falling within paragraph (i)) in the relevant area.
(3) In paragraph (2) "the relevant area" is the relevant area or relevant areas determined by the local education authority in accordance with Education (Relevant Areas for Consultation on Admission Arrangements) Regulations 1999.
(b) the governing bodies of all community and voluntary controlled schools (so far as not falling within sub-paragraph (a)) in the relevant area which are primary schools.
(5) The admission authority for a new foundation or voluntary school which is a Church in Wales school or a Roman Catholic Church School (as defined by section 142(1) of the 1998 Act), must when preparing initial admission arrangements for consultation under paragraph (2), consult the appropriate diocesan authority about the initial admission arrangements which they propose to determine for the school.
(b) within 14 days of that determination notify the persons whom they were required to consult under paragraph (2) of those arrangements.
Determination of admission number
(b) proposals made under section 113A of the 2000 Act, the admission number must be the same as any admission number stated in any notice of the proposals required to be published pursuant to regulations made under sub-section (9) of that section, or (if applicable) as modified by the National Assembly under sub-section (5) of that section, or under paragraph 1(3) of Schedule 7A to the 2000 Act.
(3) Paragraph (4) applies in any case where, at the time when the initial admission arrangements are determined by the admission authority, any proposals referred to in paragraph (2) to which those arrangements relate have not been approved.
(b) an admission number determined in accordance with sub-paragraph (a) is deemed to be a provisional admission number pending approval of the admission number stated in the proposals or (as the case may be) modification of that admission number as described in paragraph(2)(a) and (b); and
(c) (except where the context otherwise requires) any reference in these Regulations to an admission number is to have effect as if it were a reference to a provisional admission number.
References of objections to the National Assembly
(b) in any case where regulation 6(4) applies, the objection does not relate to the admission number in circumstances where any approval of the proposals (whether with or without modification of the admission number) is less than six months before the intended school opening date.
(2) Subject to paragraph (3), an objection may not be referred under paragraph (1) unless it is received by the National Assembly within 6 weeks after the receipt by the objecting person of a notification under regulation 5(6)(b).
(ii) proposals made under section 113A of the 2000 Act, have been approved in accordance with the provisions of subsection (5) of that section.
(5) Where the National Assembly decides that an objection should be upheld to any extent, its decision on the objection may specify the modifications that are to be made to the initial admission arrangements in question.
(b) the admission authority for a new school established in connection with proposals involving the discontinuance of another school maintained by a local education authority have determined that the initial admission arrangements are to be the same as that school,
but at any time during the initial year or the following school year consider that the arrangements should be varied.
(b) vary the admission number where such a variation is necessary to implement proposals published under section 28 of the 1998 Act where—
(ii) the local education authority have determined under paragraph 9 of that Schedule to implement such proposals.
(3) Where paragraph (2)(a) applies, the admission authority must refer the proposed variation to the National Assembly and notify the bodies whom they were required to consult under regulation 5(2) of the proposed variation.
(b) the admission authority must notify the persons whom they were required to consult under regulation 5(2) of the variation subject to which the arrangements are to have effect.
Application of enactments
1.The following provisions of the Education Acts, namely—
(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.
(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.
(This note is not part of the Regulations)
These Regulations make provision in relation to the determination of the initial admission arrangements for admission to new schools. They replace and revoke the New School (Admissions) (Wales) Regulations 1999.
Regulation 4 specifies who is to be the admission authority for a new school in relation to its initial year, that is to say the body responsible for the determination of the arrangements for admission of pupils to the school for the school year in which it will first admit pupils. The admission authority for a community or voluntary controlled school, will be the local education authority or the temporary governing body where the local education authority have delegated this responsibility to them. The admission authority for a foundation or voluntary aided school will be the temporary governing body (or, where appropriate, the local education authority or promoters).
Regulation 5 requires an admission authority for a new school to determine the initial admission arrangements not less than six months before the school opening date. An admission authority is under a duty to consult on the initial admission arrangements before they are so determined.
Regulation 6 requires an admission authority to determine, as part of the initial admission arrangements, an admission number for each relevant age group, that is to say the number of pupils in any relevant age group which it intends to admit to the school. Where the initial admission arrangements have been determined before the relevant statutory proposals have been approved, the admission number will be that stated in the statutory proposal notice. This will be deemed to be a provisional admission number until the proposals have been approved.
Regulation 7 makes provision, after the initial admission arrangements have been determined, for admission authorities and governing bodies of community and voluntary controlled schools who were required to be consulted under regulation 5 to refer objections to the National Assembly.
Regulation 8 provides for the initial admission arrangements to be varied either in view of a major change of circumstance, or where a variation is necessary to implement statutory proposals published under section 28 of the 1998 Act. Where a proposed variation is because of a major change of circumstance, it must be referred to the National Assembly.
Regulation 9 and the Schedule provide for certain provisions of the Education Acts and the Education (School Information) (Wales) Regulations 1999, to apply with modifications to new schools.
 1998 c.31. For the meaning of "regulations" see section 142(1).back
 See the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back
 S.I. 1999/2800 (W. 14).back
 2000 c.21.back
 2002 c.32.back
 S.I. 1999/124.back
 S.I. 2006/176 (W.27).back
 1998 c.38.back
 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).back
ISBN 0 11 091264 0