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The Education (Co-ordination of Admission Arrangements) (Primary Schools) (England) Regulations 2002

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Action to be taken by a local education authority to secure adoption of a qualifying scheme

4.—(1) This regulation prescribes for the purposes of section 89B(1)(b) of the 1998 Act the action to be taken by an authority with a view to securing the adoption of a qualifying scheme by themselves and each governing body who are the admission authority for a primary school in their area.

(2) Subject to paragraphs (3) and (4), an authority shall formulate a qualifying scheme—

(a)no later than 1st January 2004 in relation to the initial year; and

(b)no later than 1st January in the determination year relating to any subsequent academic year.

(3) The authority shall refer a qualifying scheme which they propose should be adopted in their area to any Admission Forum established for that area under section 85A(1) of the 1998 Act and shall have regard to any advice or recommendations of the Forum.

(4) After taking the action required by paragraph (3), the authority shall consult the following about any proposed qualifying scheme, namely—

(a)each governing body of a primary school in their area whom the authority propose should adopt the qualifying scheme; and

(b)any other local education authority as the authority may determine.

(5) The consultation pursuant to paragraph (4)(b) shall be undertaken with a view in particular to securing that the arrangements for the admission of pupils to primary schools in the areas of different local education authorities are, so far as is reasonably practicable, compatible with each other.

(6) The duty to consult in paragraph (4) shall apply notwithstanding that no Admission Forum may have been established for an authority’s area.

(7) Once the authority have carried out any consultation required under this regulation they shall determine the qualifying scheme (either in its original form or with such modifications as the authority think fit) which they propose should apply for the academic year in question and shall take all reasonable steps to secure its adoption by themselves and each governing body they consulted.

(1)

Section 85A of the 1998 Act was inserted by section 46 of the 2002 Act.

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