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Part IIIU.K. School admissions

Modifications etc. (not altering text)

Chapter IE+W Admission arrangements

[F1Admission arrangements: England]E+W

Textual Amendments

[F288AProhibition on interviewsE

(1)No admission arrangements for a maintained school [F3in England] may require or authorise any interview with an applicant for admission to the school or his parents, where the interview is to be taken into account (to any extent) in determining whether the applicant is to be admitted to the school.

(2)If the maintained school is one at which boarding accommodation is provided for pupils, subsection (1) does not apply in relation to any interview intended to assess the suitability of an applicant for a boarding place.

(3)Where the admission arrangements for a maintained school [F4in England] make provision for a permitted form of selection by aptitude, subsection (1) does not prevent the arrangements from requiring or authorising any audition or other oral or practical test to be carried out in relation to an applicant solely for the purpose of ascertaining the applicant's aptitude in accordance with the arrangements.

(4)In this section, “permitted form of selection by aptitude” is to be read in accordance with section 99(4).]

Textual Amendments

[F588BAdmission arrangements relating to children looked after by local authorityE+W

(1)Regulations may require the admission authorities for maintained schools in England to include in their admission arrangements such provision relating to the admission of children who are looked after by a local authority in England as may be prescribed.

(2)Regulations under subsection (1) may in particular include provision for securing that, subject to sections 86(3), 86B(2) and (4) and 87, such children are to be offered admission in preference to other children.

Textual Amendments

F5Ss. 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)

88CProcedure for determining admission arrangementsE+W

(1)The admission authority for a maintained school in England must, before the beginning of each school year, determine in accordance with this section the admission arrangements which are to apply for that year.

(2)The admission authority must, before determining the admission arrangements that are to apply for a year, carry out such consultation about the proposed arrangements as may be prescribed.

(3)Regulations under subsection (2) may in particular make provision—

(a)specifying persons who must be consulted, or who must be consulted about prescribed provisions of proposed arrangements;

(b)specifying provisions of proposed arrangements about which any such consultation is to be carried out;

(c)specifying matters to which any such consultation is, or is not, to relate;

(d)as to the manner in which, and the time by which, any such consultation is to be carried out.

(4)When the admission authority have determined the admission arrangements that are to apply for a year, they must notify the appropriate bodies of those admission arrangements.

(5)Regulations may make provision—

(a)as to the manner in which, and the time by which, any such notification is to be given;

(b)specifying cases in which subsection (4) does not apply.

Textual Amendments

F5Ss. 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)

88DDetermination of admission numbersE+W

(1)A determination under section 88C by the admission authority for a maintained school in England of the admission arrangements which are to apply for a school year must include a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year.

(2)Such a determination under section 88C may also, if the school is one at which boarding accommodation is provided for pupils, include—

(a)a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year as boarders, and

(b)a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year otherwise than as boarders.

(3)Regulations may make provision about the making of any determination required by subsection (1), and may in particular require the admission authority for a maintained school to have regard, in making any such determination, to—

(a)any prescribed method of calculation, and

(b)any other prescribed matter.

(4)References in this section to the determination of any number include references to the determination of zero as that number.

Textual Amendments

F5Ss. 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)

88EVariation of admission arrangementsE+W

(1)Subsection (2) applies where an admission authority—

(a)have in accordance with section 88C determined the admission arrangements which are to apply for a particular school year, but

(b)at any time before the end of that year consider that the arrangements should be varied in view of a major change in circumstances occurring since they were so determined.

(2)The authority must—

(a)refer their proposed variations to the adjudicator, and

(b)notify the appropriate bodies of the proposed variations.

(3)Subsection (2)(a) does not apply in a case where the authority's proposed variations fall within any description of variations prescribed for the purposes of this subsection.

(4)Where the [F6local authority] are the admission authority for a community or voluntary controlled school, they must consult the governing body before making any reference under subsection (2)(a).

(5)On a reference under subsection (2)(a), the adjudicator must consider whether the admission arrangements should have effect with the proposed variations until the end of the school year in question.

(6)If the adjudicator determines—

(a)that the arrangements should so have effect, or

(b)that they should so have effect subject to such modification of those variations as the adjudicator may determine,

the arrangements are to have effect accordingly as from the date of the adjudicator's determination.

(7)Where the adjudicator makes a determination under subsection (6), the admission authority must notify the appropriate bodies of the variations subject to which the arrangements are to have effect.

(8)Regulations may make provision—

(a)as to the manner in which, and the time by which, any such notification is to be given;

(b)specifying cases in which subsection (7) does not apply.

(9)Regulations may make provision—

(a)specifying matters which are, or are not, to constitute major changes in circumstances for the purposes of subsection (1)(b);

(b)authorising an admission authority, where they have in accordance with section 88C determined the admission arrangements which are to apply for a particular school year, to vary those arrangements to such extent or in such circumstances as may be prescribed;

(c)for the application of any of the requirements of, or imposed under, subsections (2) to (8) to variations proposed to be made by virtue of paragraph (b), or to any prescribed description of such variations, as if they were variations proposed to be made under subsection (1).

Textual Amendments

F5Ss. 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)

F6Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))

Modifications etc. (not altering text)

88FSections 88C to 88E: supplementaryE+W

(1)Regulations may make provision—

(a)requiring an admission authority who have made a determination of a prescribed description under section 88C to publish such information relating to the determination (including information as to the authority's reasons for making the determination) as may be prescribed;

(b)as to such other matters connected with the procedure for determining or varying admission arrangements under sections 88C to 88E as the Secretary of State considers appropriate.

(2)The power under paragraph (a) of subsection (1) to require an admission authority to publish information includes power to require them to publish it—

(a)by giving a notice containing the information to prescribed persons, or

(b)in any other prescribed manner.

(3)In sections 88C and 88E, the “appropriate bodies”, in relation to an admission authority, means—

(a)whichever of the governing body and the [F6local authority] are not the admission authority,

(b)the admission authorities for all other maintained schools in the relevant area or for such class of schools as may be prescribed;

(c)the governing bodies for all community and voluntary controlled schools in the relevant area (so far as not falling within paragraph (a) or (b)),

(d)the admission authorities for maintained schools in England of any prescribed description,

(e)in the case of a foundation or voluntary school which has a religious character for the purposes of Part 2, such body or person representing the religion or religious denomination in question as may be prescribed,

(f)F7... and

(g)such other persons as may be prescribed.

(4)In subsection (3), “the relevant area” means—

(a)the area of the [F6local authority] in which the school in question is situated, or

(b)if regulations so provide, such other area in England (whether more or less extensive than the area of the [F6local authority]) as may be determined by or in accordance with the regulations.

Textual Amendments

F5Ss. 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)

F6Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))

88GPower to restrict alteration of admission arrangements following establishment or expansionE+W

(1)Subsection (2) applies in relation to a maintained school in England where—

(a)proposals for the establishment of, or the making of a prescribed alteration to, the school have been published under Part 2 of the Education and Inspections Act 2006 or under section 113A of, or Schedule 7 to, the Learning and Skills Act 2000,

(b)in the case of proposals for the making of a prescribed alteration to the school, the proposals are for an increase in the number of pupils that may be admitted to the school or for an enlargement of the premises,

(c)the proposals fall to be implemented (with or without modifications), and

(d)prescribed conditions are satisfied.

(2)Regulations may provide that, where this subsection applies in relation to a maintained school—

(a)the admission arrangements for the initial period and each of a prescribed number of school years following that period are to be the arrangements which fall to be implemented in accordance with the proposals (or in accordance with the proposals as modified), and

(b)those arrangements may not be varied by the admission authority for the school except—

(i)to comply with any duty imposed on them by regulations under section 88B, or

(ii)in accordance with regulations under subsection (5).

(3)Regulations under subsection (2) may exclude or modify any provision of section 88C, 88E or 88F in its application to cases to which the regulations apply.

(4)Regulations under subsection (2) may provide that in cases to which the regulations apply the admission arrangements which fall to be implemented in accordance with the proposals (or in accordance with the proposals as modified) are to be treated for the purposes of section 86(5) to (5B) as having been determined by the admission authority under section 88C.

(5)Regulations may prescribe circumstances in which an admission authority may refer to the adjudicator proposals to vary admission arrangements in cases to which regulations under subsection (2) apply.

(6)Regulations may make provision as to the determination by the adjudicator of any reference made by virtue of subsection (5).

(7)In this section—

Textual Amendments

F5Ss. 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)

88HReference of objections to adjudicatorE+W

(1)This section applies where admission arrangements have been determined by an admission authority for a maintained school in England under section 88C.

[F8(1A)This section also applies where admission arrangements for [F9an Academy school] have been determined by the proprietor of [F9an Academy school] under Academy arrangements.]

(2)Where—

(a)[F10a body or person] wishes to make an objection about the admission arrangements, and

(b)the objection does not fall within any description of objections prescribed for the purposes of this paragraph,

that [F11body or] person may refer the objection to the adjudicator.

F12(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)On a reference under subsection (2) F13... the adjudicator must decide whether, and (if so) to what extent, the objection should be upheld.

(5)Regulations may make provision—

(a)as to any conditions which must be satisfied before—

(i)an objection can be referred to the adjudicator under subsection (2) F14..., or

(ii)the adjudicator is required to determine an objection referred to him under subsection [F15(2)];

(b)as to circumstances in which the adjudicator is not required to determine an objection under subsection (4);

(c)prescribing the steps which may be taken by an admission authority where an objection has been referred to the adjudicator under subsection (2) F16... but has not yet been determined.

(d)prohibiting or restricting the reference under subsection (2) F17..., within such period following a decision by the adjudicator 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.

F18(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Ss. 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)

F13Words in s. 88H(4) omitted (1.2.2012) by virtue of Education Act 2011 (c. 21), ss. 36(4), 82(3); S.I. 2012/84, art. 3

88IOther functions of adjudicator relating to admission arrangementsE+W

(1)This section applies where admission arrangements have been determined [F19—

(a)]by an admission authority for a maintained school in England under section 88C [F20, or

(b)by an admission authority for an [F21Academy school].]

(2)Where it appears to the Secretary of State that the admission arrangements do not, or may not, conform with the requirements relating to admission arrangements, the Secretary of State may refer the admission arrangements to the adjudicator.

(3)Subsection (4) applies where—

(a)the Secretary of State refers the admission arrangements to the adjudicator under subsection (2), F22...

F22(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The adjudicator must—

(a)consider the admission arrangements, and

(b)decide whether they conform with those requirements and, if not, in what respect they do not.

(5)Where it appears to the adjudicator that the admission arrangements do not, or may not, conform with the requirements relating to admission arrangements (and subsection (4) does not apply)—

(a)the adjudicator may consider the admission arrangements, and

(b)if the adjudicator considers the arrangements under paragraph (a), the adjudicator must decide whether they conform with those requirements and, if not, in what respect they do not.

(6)Regulations may make provision prescribing the steps which may be taken by an admission authority where the adjudicator—

(a)is considering the authority's admission arrangements under subsection (4)(a) or (5)(a), but

(b)has not yet made a decision in the case under subsection (4)(b) or (5)(b) (as the case may be).

Textual Amendments

F5Ss. 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)

F22S. 88I(3)(b) and word omitted (1.2.2012) by virtue of Education Act 2011 (c. 21), ss. 34(3), 82(3); S.I. 2012/84, art. 3

F2388JChanges to admission arrangementsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

88KSections 88H [F24and 88I]: supplementaryE+W

(1)Subsection (2) applies to any decision of the adjudicator—

(a)under section 88H(4) on whether to uphold an objection to admission arrangements, [F25or]

(b)under section 88I(4)(b) or (5)(b) on whether admission arrangements conform with the requirements relating to admission arrangements, F26...

F26(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Any decision of the adjudicator to which this subsection applies is binding on—

(a)the admission authority in question, and

[F27(b)any other person or body.]

[F28(3)Where the adjudicator makes a decision mentioned in subsection (1), the adjudicator must publish a report containing—

(a)the adjudicator's decision on the objection or (as the case may be) on whether the admission arrangements conform with the requirements relating to admission arrangements, and

(b)the reasons for that decision.]

(4)Regulations may make provision—

(a)requiring an admission authority for a maintained school in England [F29or an [F30Academy school]] to provide information which—

(i)falls within a prescribed description, and

(ii)is requested by the adjudicator for the purposes of the exercise by the adjudicator of functions under sections 88H [F31, 88I] or this section or of enabling the adjudicator to decide whether to exercise the power conferred by section 88I(5);

(b)as to the manner in which a report required to be published under subsection (3) is to be published;

(c)requiring such matters to be notified to such persons, and in such manner, as may be prescribed;

(d)prescribing circumstances in which an admission authority may revise the admission arrangements for their school in the light of any decision by the adjudicator relating to the admission arrangements for another school, and the procedure to be followed in such a case.

(5)In [F32section 88I] and this section “the requirements relating to admission arrangements” [F33means—

(a)in relation to a maintained school, the requirements imposed by or under this Part as to the content of admission arrangements for maintained schools in England, and

(b)in relation to [F34an Academy school], the requirements imposed by or under Academy arrangements as to the content of its admission arrangements.]

Textual Amendments

F5Ss. 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)

F24Words in s. 88K heading substituted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 10 para. 4(2)(e); S.I. 2012/84, art. 3

F3588LRestriction on alteration of admission arrangements following adjudicator's decisionE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

88MCo-ordination of admission arrangementsE+W

(1)Regulations may require a [F6local authority] in England—

(a)to formulate, for any academic year in relation to which prescribed conditions are satisfied, a qualifying scheme for co-ordinating the arrangements for the admission of pupils to maintained schools in their area, and

(b)to take prescribed action with a view to securing the adoption of the scheme by themselves and each governing body who are the admission authority for a maintained school in their area.

(2)Subject to subsection (3), the Secretary of State may make, in relation to the area of a [F6local authority] in England and an academic year, a scheme for co-ordinating the arrangements, or assisting in the co-ordination of the arrangements, for the admission of pupils to maintained schools in that area.

(3)A scheme may not be made under subsection (2) in relation to a [F6local authority] and an academic year if, before the prescribed date in the year preceding the year in which that academic year commences—

(a)a scheme formulated by the [F6local authority] in accordance with subsection (1) is adopted in the prescribed manner by the persons mentioned in paragraph (b) of that subsection, and

(b)the authority provide the Secretary of State with a copy of the scheme and inform the Secretary of State that the scheme has been so adopted.

(4)Regulations may provide—

(a)that each [F6local authority] in England must secure that, subject to such exceptions as may be prescribed, no decision made by any admission authority for a maintained school in their area to offer or refuse a child admission to the school is to be communicated to the parent of the child except on a single day, designated by the [F6local authority], in each year, or

(b)that, subject to such exceptions as may be prescribed, a decision made by the admission authority for a maintained school in England to offer or refuse a child admission to the school is not to be communicated to the parent of the child except on a prescribed day.

(5)In this section

(6)Nothing in this section applies in relation to arrangements for the admission to maintained schools of pupils—

(a)who—

(i)have ceased to be of compulsory school age, or

(ii)will have ceased to be of compulsory school age before education is provided for them at the school, or

(b)for the purpose of receiving sixth form education.

Textual Amendments

F5Ss. 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)

F6Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))

88NFurther 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)[F36local authorities] in England, and

(b)the admission authorities for maintained schools in England.

(2)Regulations may provide that where a [F6local 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 [F6local 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 [F6local 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 [F6local 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 [F6local 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 [F6local 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 [F36local 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 [F6local authority], the Secretary of State must consult—

(a)the [F6local 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

F5Ss. 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)

F6Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))

88OSharing of information by [F36local authorities] E+W

The Secretary of State may by regulations require [F36local authorities] in England to provide other [F36local authorities] with such information as may be required by them in connection with the exercise of any of their functions under this Chapter.

Textual Amendments

F5Ss. 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)

88PReports by [F36local authorities] to adjudicatorE+W

(1)A [F6local authority] in England must make such reports to the adjudicator about such matters connected with relevant school admissions as may be [F37required by the code for school admissions].

(2)In subsection (1) “relevant school admissions”, in relation to a [F6local authority], means—

(a)the admission of pupils to relevant schools in the authority's area;

(b)the admission of pupils in the authority's area to other relevant schools;

(c)the entry to the sixth form of pupils who have been admitted to relevant schools in the authority's area; and

(d)the entry to the sixth form of pupils in the authority's area who have been admitted to other relevant schools.

(3)In this section, “relevant school” means—

(a)a maintained school,

(b)an [F38Academy school],

(c)a city technology college, or

(d)a city college for the technology of the arts.

F39(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Ss. 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)

F6Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))

88QReports under section 88P: provision of informationE+W

(1)A relevant person must, on request, provide a [F6local authority] in England with such information as the authority may reasonably require for the purpose of enabling the authority to fulfil their duties under section 88P.

(2)In subsection (1), “relevant person”, in relation to a [F6local authority], means—

(a)an admission authority (other than the [F6local authority]) for a maintained school in the area of the [F6local authority];

F40(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)any member of an appeal panel constituted under section 94 by—

(i)the [F6local authority], or

(ii)the governing body of a foundation or voluntary aided school in the area of the [F6local authority];

(d)the proprietor of—

(i)an [F41Academy school],

(ii)a city technology college, or

(iii)a city college for the technology of the arts,

in the area of the [F6local authority];

(e)any other [F6local authority] in England;

(f)such other person as may be prescribed.]

Textual Amendments

F5Ss. 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)

F6Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))