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Statutory Instruments

2003 No. 2751

EDUCATION, ENGLAND

The Education (Co-ordination of Admission Arrangements) (Primary Schools) (England) (Amendment) Regulations 2003

Made

27th October 2003

Laid before Parliament

31st October 2003

Coming into force

4th December 2003

In exercise of the powers conferred upon the Secretary of State by sections 89B(1) and (5) and 89C(4) of the School Standards and Framework Act 1998( 1 ) and section 214(1) of the Education Act 2002( 2 ), the Secretary of State for Education and Skills hereby makes the following Regulations.

Citation and commencement

1. These Regulations may be cited as the Education (Co-ordination of Admission Arrangements) (Primary Schools) (England) (Amendment) Regulations 2003 and shall come into force on 4th December 2003.

Amendment of Regulations

2. —(1)The Education (Co-ordination of Admission Arrangements) (Primary Schools) (England) Regulations 2002( 3 ) shall be amended as follows.

(2) In regulation 3(1), after “Subject to paragraphs (2) and (3)” there shall be inserted “and regulation 9”.

(3) In regulation 4 (Action to be taken by a local education authority to secure adoption of a qualifying scheme)—

(a) for paragraph (2) there shall be substituted—

“ (2) Subject to paragraphs (3) and (4), an authority shall formulate a qualifying scheme no later than 1st January in the relevant determination year. ” ;

(b) paragraph (6) shall be omitted.

(4) For paragraph (1) of regulation 6 there shall be substituted—

“ (1) Subject to section 89C of the 1998 Act, in any case where by 15th April in the relevant determination year an authority have not informed the Secretary of State in accordance with regulation 5 that a qualifying scheme has been adopted in relation to each primary school in their area, an imposed scheme may be made. ” .

(5) After regulation 8 there shall be inserted—

“ Transitional provisions

9. —(1) In relation to the initial year these Regulations shall have effect with the following modifications.

(2) In regulation 3—

(a) in paragraph (1), for “shall” there shall be substituted “may”,

(b) after paragraph (2) there shall be inserted—

“ (2A) Where an authority decide to formulate a qualifying scheme pursuant to paragraph (1)—

(a) they shall notify the Secretary of State of their decision;

(b) these Regulations shall apply as if they were under a duty to formulate such a scheme; and

(c) if a scheme is adopted or made it shall be treated as having been adopted or made by virtue of section 89B of the 1998 Act. ” , and

(d) paragraph (3) shall be omitted. ” .

David Miliband

Minister of State,

Department for Education and Skills

27th October 2003

( 1 )

1998 c. 31 . Sections 89B and 89C were inserted into the 1998 Act by section 48 of the Education Act 2002; by virtue of section 211(1) of the 2002 Act, the powers conferred by sections 89B and 89C are exercisable by the Secretary of State only in relation to England. For the meaning of “regulations” and “prescribed” see section 142(1) of the 1998 Act.

( 2 )

2002 c. 32 .

( 3 )

S.I. 2002/2903 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Education (Co-ordination of Admission Arrangements) (Primary Schools) (England) (Amendment) Regulations 2003 (2003/2751)

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The Education (Co-ordination of Admission Arrangements) (Primary Schools) (England) (Amendment) Regulations 2003 2003 No. 2751 rev The School Admissions (Co-ordination of Admission Arrangements) (England) Regulations 2007 2007 No. 194 reg 2 sch 1 Not yet

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