EDUCATION, ENGLAND Citation, commencement and application 1 1 These Regulations may be cited as the Education (Determination of Admission Arrangements) (Amendment) (England) Regulations 2002, and shall come into force on 20th January 2003. 2 These Regulations apply only in relation to England. Amendment of the Regulations 2 1 The Education (Determination of Admission Arrangements) Regulations 1999 shall be amended as follows— 2 In regulation 2(1) (Interpretation)— a after the definition “the Act” there shall be inserted— “admission number” means the number of pupils in any relevant age group intended to be admitted in any school year as determined by an admission authority in accordance with section 89A(1); ; b after the definition of “education authority” there shall be inserted— “indicated admission number” means the number of pupils in any relevant age group referred to as such in, and determined in accordance with the net capacity assessment method set out in, the guidance, Assessing the Net Capacity of Schools , issued by the Department for Education and Skills in August 2002; . 3 For regulation 3 (Determination of admission arrangements) there shall be substituted— 3 1 Every admission authority for a school, in determining their admission arrangements under section 89 of the Act, shall have regard to the current indicated admission number when determining an admission number for each relevant age group. 2 Except where regulation 5A applies, every admission authority for a school shall, in respect of their proposed admission arrangements for the school for each school year, take all steps necessary to ensure that they will have completed the consultation required by section 89(2) before 1st March in the determination year. 3 In addition, every such admission authority shall take all steps necessary to ensure that they will have determined those admission arrangements before 15th April in the determination year. . 4 In regulation 5(1) (Additional consultation requirements) for “89(2)(c)” there shall be substituted “89(2)(d)” . 5 After regulation 5 there shall be inserted— Suspension of consultation requirements 5A 1 Subject to paragraph (3), this regulation prescribes for the purposes of section 89(2A) the conditions under which a governing body who are the admission authority for a school shall not be required to undertake the consultation required under subsection (2) of that section in any determination year to which this regulation applies. 2 The conditions are that— a in the preceding determination year the governing body have undertaken the consultation required under section 89(2) in relation to the proposed admission arrangements for the school; b the governing body propose to determine the same admission arrangements for the school as those determined in the preceding year; and c no objection was made to the adjudicator under section 90(1) or (2) about the admission arrangements proposed by the governing body in any of the preceding five years. 3 This regulation shall not apply unless, in relation to any preceding determination year relating to a qualifying school year, the local education authority maintaining the school have provided the Secretary of State with the relevant notification. 4 In this regulation— “the relevant notification” means notification that all the admission authorities in the relevant area have undertaken the consultation required under section 89(2) in relation to their proposed admission arrangements; “qualifying school year” means the school year 2004–05 or any subsequent school year. . 6 In regulation 6(2)(a) (Matters to which consultation is to relate) for “104(4)” there shall be substituted “104(2)”. 7 In regulation 8(1)(a) (Manner of notification of admission arrangements) for “bodies the authority were required to consult under section 89(2)” there shall be substituted “appropriate bodies as defined in section 89(10)” . 8 For regulation 9 there shall be substituted— Circumstances in which additional publication is required 9 1 This regulation applies in any case where— a the admission arrangements for a school determined by an admission authority include pre-existing selection arrangements; b the determined admission number for any relevant age group at a school is lower than the current indicated admission number for that age group. 2 For the purposes of paragraph (1)(a)— a “selection arrangements” means those arrangements (if any) in the admission arrangements determined for a school for a particular school year which make provision for the selection of pupils by ability or aptitude within the meaning of section 99(5); and b selection arrangements are to be regarded as pre-existing if they— i continue from provision made by the admission arrangements for the school in question at the beginning of the 1997–98 school year and made by successive admission arrangements for the school since that time; and ii depend solely for their lawfulness on section 100. 3 For the purpose of paragraph (2)(b)(ii), selection arrangements are to be regarded as depending solely for their lawfulness on section 100 if they are not rendered lawful by virtue of section 99(1)(b) or 2(c) (grammar schools or sixth forms), section 101 (pupil banding) or section 102 (aptitude for particular subjects). 4 Where paragraph (1)(a) applies, the admission authority shall publish the following information in a newspaper circulating in the locality served by the school, namely— a the names of the admission authority and of the school or schools in respect of admission to which the provision for selection applies; b the fact that admission arrangements have been determined which make provision for selection and a statement summarising the effect of the selection arangements; c the fact that parents living in the relevant area are able to refer an objection about the selection arrangements to the adjudicator; d the address to which the date by which such an objection must be sent to the adjudicator; e the fact that further information about the selection arrangements or about parents' right of objection may be obtained from the admission authority, including an address and telephone number for such contact. 5 Where paragraph (1)(b) applies the admission authority shall publish the following information in a newspaper circulating in the locality served by the school, namely— a the names of the admission authority and of the school or schools in respect of which an admission number lower than the current indicated admission number has been determined for any relevant age group; b the current indicated admission number relating to each relevant age group to which the admission authority had regard when determining a lower admission number; c the determined admission number relating to each relevant age group which is lower than the current indicated number for that age group; d the admission authority’s reasons for determining an admission number which is lower than the current indicated admission number; e the fact that parents living in the relevant area are able to refer an objection about the admission number to the adjudicator; f the address to which and the date by which such an objection must be sent to the adjudicator; g the fact that further information about the admission number or about parents' right of objection may be obtained from the admission authority, including an address and telephone number for such contact. 6 The information specified in paragraphs (4) and (5) must be published in the manner specified within 14 days after the date on which the admission authority determined the admission arrangements. . 9 In regulation 10 (Provision of further information)— a for paragraph (1) there shall be substituted— 1 An admission authority which is required to publish information under regulation 9 shall in addition provide to any person without charge any of the following on request— a (in any case to which regulation 9(1)(a) applies) a copy of the selection arrangements and of any other parts of the admission arrangements that are material to them; b (in any case to which regulation 9(1)(b) applies) details of the assessment of the school’s current indicated admission number relating to any relevant age group for which a lower admission number has been determined; c a written statement of information about parents' right of objection specified in paragraph (2). ; b in paragraph (2)— i for “paragraph (1)(b)” there shall be substituted “paragraph (1)(c)”; ii in sub-paragraph (c)(i) after “pre-existing selection arrangements” there shall be inserted “(within the meaning of regulation 9(1)(a)), or the determination of an admission number which is lower than the indicated admission number.”. David Miliband, Minister of State Department for Education and Skills 18th November 2002