90 Reference of objections to adjudicator or Secretary of State.E+W
(1)Where—
(a)admission arrangements have been determined by an admission authority under section 89(4), but
(b)a body [F1who were, or would but for subsection (2A) of section 89 have been, required to be consulted by the admission authority under subsection (2) of that section] wish to make an objection about those arrangements, and
(c)the objection does not fall within any description of objections prescribed for the purposes of this paragraph,
that body may refer the objection to the adjudicator.
(2)Where—
(a)admission arrangements have been determined by an admission authority under section 89(4), but
(b)any parent of a prescribed description wishes to make an objection about those arrangements, and
(c)the objection falls within any description of objections prescribed for the purposes of this paragraph,
that person may refer the objection to the adjudicator.
(3)On a reference under subsection (1) or (2) the adjudicator shall either—
(a)decide whether, and (if so) to what extent, the objection should be upheld, or
(b)in such cases as may be prescribed, refer the objection to the Secretary of State for that question to be decided by him.
(4)Where the objection is referred to the Secretary of State under subsection (3)(b), the adjudicator shall, if the Secretary of State so requests, give his advice on the question referred to in that provision.
(5)In relation to a maintained school in Wales—
(a)the reference to the adjudicator in subsection (1) or (2) shall be read as a reference to the Secretary of State;
(b)subsections (3) and (4) shall not apply; and
(c)where any objection is referred to the Secretary of State by virtue of paragraph (a) above, he shall decide whether, and (if so) to what extent, the objection should be upheld.
(6)Where the adjudicator or the Secretary of State decides that an objection referred to him under this section should be upheld to any extent, his decision on the objection may specify the modifications that are to be made to the admission arrangements in question.
(7)In the case of any objection referred to him under this section, the adjudicator or the Secretary of State (as the case may be) shall publish his decision on the objection and the reasons for it.
(8)The decision of the adjudicator or the Secretary of State on the objection shall, in relation to the admission arrangements in question, be binding on the admission authority and on all persons by whom an objection about those arrangements may be made under subsection (1) or (2); and if that decision is to uphold the objection to any extent, those arrangements shall forthwith be revised by the admission authority in such a way as to give effect to the decision.
(9)Regulations may make provision—
(a)as to any conditions which must be satisfied before—
(i)an objection can be referred to the adjudicator or the Secretary of State under subsection (1) or (2), or
(ii)the adjudicator or the Secretary of State is required to determine an objection referred to him under subsection (2);
(b)prescribing the steps which may be taken by an admission authority where an objection has been referred to the adjudicator or the Secretary of State under subsection (1) or (2) but has not yet been determined;
(c)as to the manner in which any matters required to be published under subsection (7) are to be published;
(d)requiring such matters to be notified to such persons, and in such manner, as may be prescribed;
(e)prohibiting or restricting the reference under subsection (1) or (2), within such period following a decision by the adjudicator or the Secretary of State under this section as may be prescribed, of any objection raising the same (or substantially the same) issues in relation to the admission arrangements of the school in question;
(f)prescribing circumstances in which an admission authority may revise the admission arrangements for their school in the light of any decision by the adjudicator or the Secretary of State relating to the admission arrangements for another school, and the procedure to be followed in such a case.
(10)Regulations shall make provision for the cases to be referred to the Secretary of State under subsection (3)(b) to include cases where the objection is concerned with admissions criteria relating to a person’s religion or religious denomination.
Textual Amendments
F1Words in s. 90(1)(b) substituted (1.10.2002 for E., 1.2.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 6 (with ss. 210(8), 214(4) and S.I. 2006/173, reg. 7); S.I. 2002/2439, art. 3 (with art. 4, Sch. para. 6); S.I. 2006/172, art. 4, Sch.
Modifications etc. (not altering text)
C1S. 90 transitional provisions for effects of 2002 c. 32, Sch. 4 para. 6 (W.) (1.2.2006) by The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2006 (S.I. 2006/173), regs. 1(1), 7
Commencement Information
I1S. 90 wholly in force at 1.4.1999; s. 90 not in force at Royal Assent see s. 145(3); s. 90(1)-(3), (5), (9) and (10) in force for certain purposes at 1.10.1998 by S.I. 1998/2212, art. 2, Sch. 1 Pt. I; s. 90 in force at 1.4.1999 in so far as not already in force by S.I. 1999/1016, art. 2(1), Sch. 1 (with arts. 3-6, Sch. 4).