School Standards and Framework Act 1998

[F1 102A. Permitted selection in maintained schools in Wales: aptitude for particular areas of learning and experience etc. E+W

(1) The admission arrangements for a maintained school in Wales may make provision for the selection of pupils for admission to the school by reference to their aptitude for—

(a) one or more prescribed areas of learning and experience, or

(b) one or more prescribed elements within one or more areas of learning and experience.

(2) But the admission arrangements may make such provision only where—

(a) the admission authority for the school are satisfied that the school has a specialism in the area or areas, or element or elements, in question, and

(b) the proportion of selective admissions in any relevant age group does not exceed 10 per cent.

(3) Subsection (1) does not apply if the admission arrangements make provision for any test to be carried out in relation to an applicant for admission which is either a test of ability or one designed to elicit the applicant’s aptitude other than for the area or areas, or element or elements, in question.

(4) Where, however, the admission arrangements for a school make both such provision for selection by aptitude as is mentioned in subsection (1) and such provision for selection by ability as is mentioned in section 101(1), the reference in subsection (3) to a test of ability does not include any such test for which provision may be made under that section.

(5) In this section, “the proportion of selective admissions”, in relation to a relevant age group, means the proportion of the total number of pupils admitted to the school in that age group (determined in the prescribed manner) which is represented by the number of pupils so admitted by reference to aptitude for the area or areas, or element or elements, in question.

(6) In this section—

• “area of learning and experience” has the same meaning as in the Curriculum and Assessment (Wales) Act 2021;

• “test” includes assessment and examination.]

Textual Amendments

F1 S. 102A inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 4(8)