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

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which only apply in England, make provision for co-ordinating the admission of pupils to secondary schools in the academic year 2004-05 (“the initial year”) and any subsequent academic year. The transitional provision in regulation 9 applies in relation to the initial year.

Regulation 3 requires local education authorities to formulate a scheme (“a qualifying scheme”) relating to each secondary school in their area. By virtue of regulation 9 this duty does not apply in relation to the initial year, although local authorities may formulate a scheme if they wish. In this event they are required to notify the Secretary of State, and the Regulations apply in the same way (with modifications) as in relation to any subsequent academic year. The duty to formulate a scheme in relation to the academic year 2005-06 and any subsequent year does not apply where either: (i) the authority and the admission authorities covered by an existing qualifying scheme decide to adopt the same scheme for the following academic year; or (ii) a scheme has been imposed by the Secretary of State on the authority and their admission authorities in accordance with regulation 6, and the scheme has not since been varied or revoked.

Under regulation 4, as read with regulation 9, local education authorities are required to formulate a qualifying scheme no later than the 31st March 2003 in relation to the initial year (if they decide to formulate such a scheme), and no later than the 1st January in the determination year relating to any subsequent academic year. Unless, in relation to the initial year, no Admission Forum has been established for their area by 31st March 2003, they are to refer their proposed schemes to the Admission Forum and to have regard to the Forum’s advice or recommendations before consulting each governing body who are the admission authority for a maintained school (whether primary or secondary) in their area about them. Authorities are also required to consult other local education authorities with a view to securing, so far as is reasonably practicable, that their respective proposed schemes are compatible with each other.

Regulation 5 requires a local education authority to notify the Secretary of State where they have been able to secure agreement by themselves and other admission authorities in their area to a qualifying scheme and to provide a copy of the scheme.

Regulation 6 enables the Secretary of State to impose a scheme on a local education authority and other admission authorities in their area. However, the Secretary of State may not do so if notification has been provided in accordance with regulation 5 no later than the 1st July 2003 in relation to the initial year, and no later than the 15th April in the determination year relating to any subsequent academic year. An imposed scheme may make provision corresponding to the requirements of a qualifying scheme.

Regulation 7 prescribes the single day on which a local education authority’s determination as to the single offer of a secondary school place which the parent of a child in their area is to receive is to be communicated to the parent. The prescribed day is the 1st March 2004 in relation to admission in the initial year, and the 1st March in the year following the determination year relating to any subsequent academic year. However, this regulation does not apply to the communication of decisions relating to applications made otherwise than in the course of a normal admission round.

Regulation 8 provides that the Secretary of State’s reserve powers under sections 496 and 497 of the Education Act 1996 shall apply to a local education authority or a governing body as if the obligations imposed on them under a qualifying scheme or an imposed scheme were duties imposed on them by that Act.

Regulation 9 specifies the modifications which are to apply to a qualifying scheme (or an imposed scheme) relating to the initial year.

Paragraph 1 of the Schedule sets out the requirements of a qualifying scheme, which may also be imposed by a scheme made by the Secretary of State in accordance with regulation 6.

Paragraph 2 of the Schedule places duties on the local education authority administering a scheme in relation to dealing with and determining parents' applications for schools, and paragraphs 5 and 6 place reciprocal duties on participating governing bodies. Additional duties are imposed on the authority by paragraphs 3 and 4 as regards dealing with applications by parents within their area for schools in another authority’s area, and with applications by parents in other areas for schools in their own area.