[F188NFurther provision about schemes adopted or made by virtue of section 88ME+W
(1)Regulations may make provision about the contents of schemes under section 88M(2), including provision about the duties that may be imposed by such schemes on—
(a) local authorities in England, and
(b)the admission authorities for maintained schools in England.
(2)Regulations may provide that where a local authority in England or the governing body of a maintained school in England have, in such manner as may be prescribed, adopted a scheme formulated by a local authority for the purpose mentioned in section 88M(1)(a), sections 496 and 497 of the Education Act 1996 are to apply as if any obligations imposed on the local authority or governing body under the scheme were duties imposed on them by that Act.
(3)Regulations may provide that where any decision as to whether a child is to be granted or refused admission to a maintained school in England falls to be made in prescribed circumstances, the decision must, if a scheme adopted or made by virtue of section 88M so provides, be made by the local authority regardless of whether they are the admission authority for the school.
(4)Where any decision as to whether a child is to be granted or refused admission to a maintained school is (by virtue of regulations under subsection (3)) made by the local authority although they are not the admission authority, the governing body of the school must implement the decision.
(5)Before proposing a scheme for adoption under section 88M(1) a local authority must comply with such requirements as to consultation as may be prescribed.
(6)Regulations under subsection (5) may in particular require consultations to be undertaken with a view to securing that the arrangements for the admission of pupils to maintained schools in the areas of different local authorities are, so far as is reasonably practicable, compatible with each other.
(7)Before making a scheme under section 88M(2) in relation to the area of any local authority, the Secretary of State must consult—
(a)the local authority, and
(b)any governing body who are the admission authority for a school which appears to the Secretary of State to be a school to which the scheme will apply.
(8)A scheme made under section 88M(2) may be varied or revoked by the Secretary of State.]
Textual Amendments
F1Ss. 88B-88Q inserted (2.12.2008 for specified purposes, 26.1.2009 in so far as not already in force) by Education and Skills Act 2008 (c. 25), ss. 151(4), 173(2)(b)(4); S.I. 2008/3077, arts. 2(a), 4(d)