C2Part III School admissions
C2Chapter I Admission arrangements
F37Admission arrangements: Wales
S. 88R and cross-heading inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 56; S.I. 2008/3077, art. 4(g)
I1C190 Reference of objections to F8Welsh Ministers.
1
Where—
a
admission arrangements have been determined by an admission authority under section 89(4), but
F2b
an appropriate body wishes 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 F9the Welsh Ministers.
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 F10the Welsh Ministers.
F112A
Where any objection is referred to the Welsh Ministers, they shall decide whether, and (if so) to what extent, the objection should be upheld.
F123
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F124
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F125
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35A
Where F13the Welsh Ministers are required by virtue of F14(2A) to decide whether to uphold an objection to admission arrangements, F15they may consider whether it would be appropriate for changes to be made to any aspect of the admission arrangements, whether or not F15they would be required to do so for the purpose of determining the objection.
5B
In the case of any objection referred to F16them under this section, F17the Welsh Ministers must publish a report containing the following—
a
F18their decision on the objection,
b
F22c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5C
F46
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F47
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
F5The decisions of F26the Welsh Ministers mentioned in subsection (5B)(a) and (b) shall, in relation to the admission arrangements in question, be binding on the admission authority and on all persons by whom an objection may be made under subsection (1) or (2); and, if F26the Welsh MinistersF27have decided that it would be appropriate for changes to be made to the admission arrangements, 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 F28the Welsh Ministers under subsection (1) or (2), or
b
prescribing the steps which may be taken by an admission authority where an objection has been referred to F31the Welsh Ministers under subsection (1) or (2) but has not yet been determined;
F32ba
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
as to the manner in which F6a report required to be published under subsection (5B) is 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 F33the Welsh Ministers 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 F34the Welsh Ministers relating to the admission arrangements for another school, and the procedure to be followed in such a case.
F710
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F111
In this section, “appropriate body” means, in relation to the admission arrangements determined by an admission authority—
a
any body or person whom the admission authority were required to consult under subsection (2) of section 89, or would but for subsection (2A) of that section have been required to consult, F36...
F35b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt. III excluded (W.) (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 11(1)