- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (08/01/2007)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 27/02/2007
Point in time view as at 08/01/2007.
School Standards and Framework Act 1998, Chapter I is up to date with all changes known to be in force on or before 31 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Textual Amendments
F1Words in s. 84 cross-heading substituted (12.12.2006 for E.) by Education and Inspections Act 2006 (c. 40), ss. 40(7), 188(3); S.I. 2006/2990, art. 2(a) (with arts. 3, 4) (as amended (17.1.2008) by S.I. 2008/54, arts. 1(1), 2)
(1)The Secretary of State shall issue, and may from time to time revise, [F3a code of practice containing such practical guidance] [F3a code for school admissions containing such provision] as he thinks appropriate in respect of the discharge by—
(a)local education authorities,
(b)the governing bodies of maintained schools,
[F4(ba)admission forums,]
(c)appeal panels, and
(d)adjudicators,
of their respective functions under this Chapter.
(2)The code may [F5include guidelines setting out aims, objectives and other matters] [F5impose requirements, and may include guidelines setting out aims, objectives and other matters,] in relation to the discharge of their functions under this Chapter by local education authorities and such governing bodies.
(3)It shall be the duty of—
(a)each of the bodies and persons mentioned in subsection (1) when exercising functions under this Chapter, and
(b)any other person when exercising any function for the purposes of the discharge by a local education authority, or the governing body of a maintained school, of functions under this Chapter,
[F6to have regard to] [F6to act in accordance with] any relevant provisions of the code.
(4)The Secretary of State shall publish the code as for the time being in force.
(5)The Secretary of State may under subsection (1)—
(a)make separate provision (by means of separate codes [F7of practice]) in relation to different functions under this Chapter of the bodies and persons mentioned in that subsection;
(b)make different provision for England and for Wales (whether or not by means of separate codes [F7of practice]);
and references in this section to “the code” or to functions under this Chapter shall have effect, in relation to any such separate code [F7of practice], as references to that code or to functions under this Chapter to which it relates (as the case may be).
(6)In this Chapter—
“admission arrangements” and “the admission authority” have the meaning given by section 88;
[F8“admission forum” means a forum established under section 85A, including a joint admission forum established in pursuance of regulations under subsection (3)(c) of that section;]
“appeal panel” means a panel constituted [F9in accordance with regulations under section 94(5) or 95(3)] for the purpose of hearing an appeal under this Chapter;
“child” (except in sections 96 and 97) includes a person who has not attained the age of 19;
“maintained school” means a community, foundation or voluntary school;
F10...
[F11(7)In this Chapter, references to a child who is looked after by a local authority are to be read in accordance with section 22(1) of the Children Act 1989.]
Textual Amendments
F2Words in s. 84 heading substituted (12.12.2006 for E., 1.9.2008 for W.) by Education and Inspections Act 2006 (c. 40), ss. 40(7), 188(3); S.I. 2006/2990, art. 2(a) (with arts. 3, 4) (as amended (17.1.2008) by S.I. 2008/54, arts. 1(1), 2); S.I. 2008/1429, art. 3(3), Sch. Pt. 3 (with art. 4)
F3Words in s. 84(1) substituted (12.12.2006 for E.) by Education and Inspections Act 2006 (c. 40), ss. 40(2)(a), 188(3); S.I. 2006/2990, art. 2(a) (with arts. 3, 4) (as amended (17.1.2008) by S.I. 2008/54, arts. 1(1), 2)
F4S. 84(1)(ba) inserted (12.12.2006 for E.) by Education and Inspections Act 2006 (c. 40), ss. 40(2)(b), 188(3); S.I. 2006/2990, art. 2(a) (with arts. 3, 4) (as amended (17.1.2008) by S.I. 2008/54, arts. 1(1), 2)
F5Words in s. 84(2) substituted (12.12.2006 for E.) by Education and Inspections Act 2006 (c. 40), ss. 40(3), 188(3); S.I. 2006/2990, art. 2(a) (with arts. 3, 4) (as amended (17.1.2008) by S.I. 2008/54, arts. 1(1), 2)
F6Words in s. 84(3) substituted (12.12.2006 for E.) by Education and Inspections Act 2006 (c. 40), ss. 40(4), 188(3); S.I. 2006/2990, art. 2(a) (with arts. 3, 4) (as amended (17.1.2008) by S.I. 2008/54, arts. 1(1), 2)
F7Words in s. 84(5) repealed (12.12.2006 for E.) by Education and Inspections Act 2006 (c. 40), ss. 40(5), 188(3), Sch. 18 Pt. 6; S.I. 2006/2990, art. 2(a)(k) (with arts. 3, 4) (as amended (17.1.2008) by S.I. 2008/54, arts. 1(1), 2)
F8Words in s. 84(6) inserted (12.12.2006 for E.) by Education and Inspections Act 2006 (c. 40), ss. 40(6), 188(3); S.I. 2006/2990, art. 2(a) (with arts. 3, 4) (as amended (17.1.2008) by S.I. 2008/54, arts. 1(1), 2)
F9Words in s. 84(6) substituted (20.1.2003 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 2 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with art. 3, Sch. para. 3); S.I. 2005/1395, art. 4, Sch. (with art. 5(3)(4))
F10Words in s. 84(6) repealed (1.10.2002 for E., 1.2.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)) and S.I. 2006/173, reg. 5; S.I. 2002/2439, art. 3 (with art. 4, Sch. paras. 3, 5); S.I. 2006/172, art. 4, Sch.
F11S. 84(7) inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 50(2), 188(3); S.I. 2006/3400, art. 3(c)
Modifications etc. (not altering text)
C1S. 84 modified (temp.)(22.4.1999) by S.I. 1999/1064, reg.2.
S. 84 applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(c), 2-8.
S. 84 applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8.
C2S. 84 applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(b)
C3S. 84 applied (with modifications) (1.2.2006) by The New School (Admissions) (Wales) Regulations 2006 (S.I. 2006/175), regs. 1(1), 9, Sch. (with reg. 2(2))
C4S. 84(6) modified (6.1.1999) by S.I. 1998/3130, reg.2
(1)Where the Secretary of State proposes to issue or revise a code [F13of practice] under section 84, he shall prepare a draft of the code (or revised code).
(2)The Secretary of State shall consult such persons about the draft as he thinks fit and shall consider any representations made by them.
(3)If he determines to proceed with the draft (either in its original form or with such modifications as he thinks fit) he shall lay a copy of the draft before each House of Parliament.
(4)If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State shall take no further steps in relation to the proposed code.
(5)If no such resolution is made within the 40-day period, the Secretary of State shall issue the code (or revised code) in the form of the draft, and it shall come into force on such date as the Secretary of State may by order appoint.
(6)Subsection (4) does not prevent a new draft of a proposed code from being laid before Parliament.
(7)In this section “40-day period”, in relation to the draft of a proposed code, means—
(a)if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and
(b)in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,
no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
(8)In this section references to a proposed code include a proposed revised code.
Textual Amendments
F12S. 85 heading substituted (12.12.2006 for E., 1.9.2008 for W.) by Education and Inspections Act 2006 (c. 40), ss. 40(8)(b), 188(3); S.I. 2006/2990, art. 2(a) (with arts. 3, 4) (as amended (17.1.2008) by S.I. 2008/54, arts. 1(1), 2); S.I. 2008/1429, art. 3(3), Sch. Pt. 3 (with art. 4)
F13Words in s. 85(1) repealed (12.12.2006 for E.) by Education and Inspections Act 2006 (c. 40), ss. 40(8)(a), 188(3), Sch. 18 Pt. 6; S.I. 2006/2990, art. 2(a)(k) (with arts. 3, 4) (as amended (17.1.2008) by S.I. 2008/54, arts. 1(1), 2)
Textual Amendments
F14S. 85A cross-heading inserted (20.1.2003 for E., 1.12.2003 for W.) by Education Act 2002 (c. 32), ss. 46, 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/2961, art. 4, Sch. Pt. I
(1)A local education authority shall in accordance with regulations establish for their area a body, to be known as an admission forum, for the purpose of—
(a)advising the authority on such matters connected with the exercise of the authority’s functions under this Chapter as may be prescribed, and
(b)advising the admission authorities for maintained schools in the area for which the forum is established on—
(i)such matters connected with the determination of admission arrangements, and
(ii)such other matters connected with the admission of pupils,
as may be prescribed.
(2)The authority may establish sub-committees of the forum.
(3)Regulations may make provision—
(a)as to the constitution, meetings and proceedings of an admission forum and of any such sub-committee,
(b)as to the manner in which advice is to be given by a forum, and
(c)as to the establishment by local education authorities of joint admission forums.
(4)The bodies mentioned in paragraphs (a) and (b) of subsection (1) shall have regard, in carrying out their functions, to any relevant advice given to them by an admission forum under that subsection.
(5)The local education authority shall make arrangements for the forum (and any sub-committee established under subsection (2)) to be provided with accommodation and with such services as the authority consider appropriate.]
Textual Amendments
F15S. 85A inserted (20.1.2003 for E., 1.12.2003 for W.) by Education Act 2002 (c. 32), ss. 46, 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/2961, art. 4, Sch. Pt. I
Modifications etc. (not altering text)
C5S. 85A applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(b)
C6S. 85A applied (with modifications) (1.2.2006) by The New School (Admissions) (Wales) Regulations 2006 (S.I. 2006/175), regs. 1(1), 9, Sch. (with reg. 2(2))
(1)Regulations may authorise or require an admission forum established by a local education authority under section 85A to give advice to the governing body of any Academy in the authority’s area on any matter corresponding to a matter prescribed under subsection (1)(b) of that section.
(2)The governing body of an Academy shall have regard, in conducting the Academy, to any relevant advice given to them by an admission forum by virtue of subsection (1).]]
Textual Amendments
F16S. 85A cross-heading inserted (20.1.2003 for E., 1.12.2003 for W.) by Education Act 2002 (c. 32), ss. 46, 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/2961, art. 4, Sch. Pt. I
F17S. 85B inserted (20.1.2003 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 66, 216 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with Sch.)
(1)A local education authority shall make arrangements for enabling the parent of a child in the area of the authority—
(a)to express a preference as to the school at which he wishes education to be provided for his child in the exercise of the authority’s functions, and
(b)to give reasons for his preference.
(2)Subject to [F18subsections (3) and (3A)] and section 87 (children excluded from two or more schools), [F19a local education authority and the governing body of a maintained school] [F19the admission authority for a maintained school] shall comply with any preference expressed in accordance with arrangements made under subsection (1).
[F20(2A)Arrangements made under subsection (1) may allow the parent of a child to express preferences for more than one school; but nothing in this section requires the admission authority for a maintained school for which a child’s parent has expressed a preference to offer the child admission to the school if, in accordance with a scheme adopted or made by virtue of section 89B, the child is offered admission to a different school for which the parent has also expressed a preference.]
(3)The duty imposed by subsection (2) does not apply—
(a)if compliance with the preference would prejudice the provision of efficient education or the efficient use of resources; [F21or]
(b)F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)if the arrangements for admission to the preferred school—
(i)are wholly based on selection by reference to ability or aptitude, and
(ii)are so based with a view to admitting only pupils with high ability or with aptitude,
and compliance with the preference would be incompatible with selection under those arrangements.
[F23(3A)In relation to a preference expressed by a parent as to the school at which he wishes secondary education suitable to the requirements of pupils who are over compulsory school age to be provided for his child, the duty imposed by subsection (2) also does not apply if the relevant selection arrangements are wholly based on selection by reference to ability or aptitude and compliance with the preference would be incompatible with selection under those arrangements.
(3B)In subsection (3A) “the relevant selection arrangements”, in relation to a school, means—
(a)the arrangements for admission to the school for secondary education suitable to the requirements of pupils who are over compulsory school age, or
(b)those arrangements and the arrangements for entry to the sixth form of children who have been admitted to the school;
and references in this subsection to entry to the sixth form of children who have been admitted to a school shall be construed in accordance with section 94(7).]
(4)For the purposes of subsection (3)(a) prejudice of the kind referred to in that provision may arise by reason of measures required to be taken in order to ensure compliance with the duty imposed by section 1(6) (duty of local education authority and governing body to comply with limit on infant class sizes).
[F24(5)No prejudice shall be taken to arise for the purposes of subsection (3)(a) from the admission to a maintained school in a school year of a number of pupils in a relevant age group which does not exceed the number determined under section 89 as the number of pupils in that age group that it is intended to admit to the school in that year; but this subsection does not apply if the conditions set out in subsection (5A) are met in relation to the school and the school year.
(5A)Those conditions are—
(a)that the school is one at which boarding accommodation is provided for pupils; and
(b)that the determination under section 89 by the admission authority of the admission arrangements which are to apply for that year includes the determinations mentioned in paragraphs (a) and (b) of section 89A(2).
(5B)Where the conditions set out in subsection (5A) are met in relation to a maintained school and a school year, no prejudice shall be taken to arise for the purposes of subsection (3)(a) from either of the following—
(a)the admission to the school in that year as boarders of a number of pupils in a relevant age group which does not exceed the number determined under section 89 as the number of pupils in that age group that it is intended to admit to the school in that year as boarders;
(b)the admission to the school in that year otherwise than as boarders of a number of pupils in a relevant age group which does not exceed the number determined under section 89 as the number of pupils in that age group that it is intended to admit to the school in that year otherwise than as boarders.]
F25(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)Where the arrangements for the admission of pupils to a maintained school provide for applications for admission to be made to (or to a person acting on behalf of) the governing body of the school, a parent who makes such an application shall be regarded for the purposes of this section as having expressed a preference for that school in accordance with arrangements made under subsection (1).
(8)The duty imposed by subsection (2) in relation to a preference expressed in accordance with arrangements made under subsection (1) shall apply also in relation to—
(a)any application for the admission to a maintained school of a child who is not in the area of the authority maintaining the school, and
(b)any application made by a parent as mentioned in section 438(4) or 440(2) of the M1Education Act 1996 (application for a particular school to be named in a school attendance order);
and references in [F26subsections (3) and (3A)] to a preference and a preferred school shall be construed accordingly.
(9)Where admission arrangements for a school [F27, or arrangements such as are mentioned in subsection (3B), provide for all pupils selected under the arrangements] to be selected by reference to ability or aptitude, those arrangements shall be taken for the purposes of this section to be wholly based on selection by reference to ability or aptitude, whether or not they also provide for the use of additional criteria in circumstances where the number of children in a relevant age group who are assessed to be of the requisite ability or aptitude is greater than the number of pupils which it is intended to admit to the school in that age group.
Textual Amendments
F18Words in s. 86(2) substituted (1.10.2002 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 3(2) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with art. 4, Sch. paras. 3, 4) (which transitional provisions in Sch. para. 4 are substituted (6.3.2003) by S.I. 2003/606, art. 2 and (4.12.2003) by S.I. 2003/2992, art. 3); S.I. 2005/1395, art. 4, Sch. (with art. 5(1))
F19Words in s. 86(2) substituted (8.1.2007 for E.) by Education and Inspections Act 2006 (c. 40), ss. 43(2), 188(3); S.I. 2006/3400, art. 2(a)
F20S. 86(2A) inserted (1.10.2002 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 3(3) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with art. 4, Sch. paras. 3, 4) (which transitional provisions in Sch. para. 4 are substituted (6.3.2003) by S.I. 2003/606, art. 2 and (4.12.2003) by S.I. 2003/2992, art. 3); S.I. 2005/1395, art. 4, Sch. (with art. 5(1))
F21Word in s. 86(3)(a) inserted (1.10.2002 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 3(4)(a) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with art. 4, Sch. paras. 3, 4) (which transitional provisions in Sch. para. 4 are substituted (6.3.2003) by S.I. 2003/606, art. 2 and (4.12.2003) by S.I. 2003/2992, art. 3); S.I. 2005/1395, art. 4, Sch. (with art. 5(1))
F22S. 86(3)(b) repealed (1.10.2002 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 51, 215(2), 216, Sch. 4 para. 3(4)(b), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.)
F23S. 86(3A)(3B) inserted (1.10.2002 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 3(5) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with art. 4, Sch. paras. 3, 4) (which transitional provisions in Sch. para. 4 are substituted (6.3.2003) by S.I. 2003/606, art. 2 and (4.12.2003) by S.I. 2003/2992, art. 3); S.I. 2005/1395, art. 4, Sch. (with art. 5(1))
F24S. 86(5)-(5B) substituted for s. 86(5) (1.10.2002 for E., 1.2.2006 for W.) by Education Act 2002 (c. 32), ss. 47(1), 216(4) (with ss. 210(8), 214(4) and S.I. 2006/173, reg. 4); S.I. 2002/2439, art. 3 (with art. 4, Sch. paras. 3, 4) (which transitional provisions in Sch. para. 4 are substituted (6.3.2003) by S.I. 2003/606, art. 2 and (4.12.2003) by S.I. 2003/2992, art. 3); S.I. 2006/172, art. 4, Sch.
F25S. 86(6) repealed (1.10.2002 for E., 1.2.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 3(6), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with art. 4, Sch. paras. 3, 4) (which transitional provisions in Sch. para. 4 are substituted (6.3.2003) by S.I. 2003/606, art. 2 and (4.12.2003) by S.I. 2003/2992, art. 3); S.I. 2006/172, art. 4, Sch.
F26Words in s. 86(8) substituted (1.10.2002 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 3(7) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with art. 4, Sch. paras. 3, 4) (which transitional provisions in Sch. para. 4 are substituted (6.3.2003) by S.I. 2003/606, art. 2 and (4.12.2003) by S.I. 2003/2992, art. 3); S.I. 2005/1395, art. 4, Sch. (with art. 5(1))
F27Words in s. 86(9) substituted (1.10.2002 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 3(8) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with art. 4, Sch. paras. 3, 4) (which transitional provisions in Sch. para. 4 are substituted (6.3.2003) by S.I. 2003/606, art. 2 and (4.12.2003) by S.I. 2003/2992, art. 3); S.I. 2005/1395, art. 4, Sch. (with art. 5(1))
Modifications etc. (not altering text)
C7S. 86 modified (temp. from 22.4.1999) by S.I. 1999/1064, reg. 3
Ss. 86-87 restricted (29.3.1999) by S.I. 1999/1016, art. 6, Sch. 4 paras. 1, 2(1)
S. 86 applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(c), 2-8.
S. 86 applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8.
C8S. 86 applied (with modifications) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(b)
C9S. 86 amendment to earlier commencing S.I. 2002/2439, Sch. para. 4 (4.12.2003) by The Education Act 2002 (Commencement No. 2 and Savings and Transitional Provisions) (Amendment No. 2) Order 2003 (S.I. 2003/2992), arts. 1, 3
C10S. 86 excluded (1.9.2005) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2005 (S.I. 2005/2039), reg. 1(1), Sch. 2 para. 1
C11S. 86 applied (with modifications) (1.2.2006) by The New School (Admissions) (Wales) Regulations 2006 (S.I. 2006/175), regs. 1(1), 9, Sch. (with reg. 2(2))
C12S. 86(1) applied (with modifications) (1.9.1999) by S.I. 1999/1812, reg. 8, Sch. 2 para. 5(b)
C13S. 86(1)(2) excluded (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 36(5)(a)(10), 162(2) (with s. 159)
Marginal Citations
(1)The duty imposed by section 86(2) does not apply in the case of a child to whom subsection (2) below applies.
(2)Where a child has been permanently excluded from two or more schools, this subsection applies to him during the period of two years beginning with the date on which the latest of those exclusions took effect.
(3)Subsection (2) applies to a child whatever the length of the period or periods elapsing between those exclusions and regardless of whether it has applied to him on a previous occasion.
[F28(4)However, a child who has been permanently excluded from a school shall not be treated for the purposes of this section as having been so excluded if—
(a)he was reinstated as a pupil at the school following the giving of a direction to that effect by the relevant authority in accordance with regulations under subsection (3)(b) or (c) of section 52 of the Education Act 2002,
(b)on a review of his exclusion carried out in accordance with regulations under subsection (3)(b) of that section or an appeal made pursuant to regulations under subsection (3)(c) of that section, the relevant authority decided—
(i)that it would not be practical to give a direction requiring his reinstatement as a pupil at the school, but
(ii)that it would otherwise have been appropriate to give such a direction, or
(c)he was so excluded at a time when he had not attained compulsory school age.
(4A)In subsection (4) “the relevant authority” means—
(a)the responsible body as defined by subsection (5) of section 52 of the Education Act 2002, or
(b)a panel constituted in accordance with regulations under subsection (3)(c) of that section.]
(5)In this section “school” means—
(a)in relation to any time before or after the appointed day, a school maintained by a local education authority; or
(b)in relation to any time before the appointed day, a grant-maintained or grant-maintained special school within the meaning of the M2Education Act 1996.
(6)For the purposes of this section the permanent exclusion of a child from a school shall be regarded as having taken effect on the school day as from which the head teacher decided that he should be permanently excluded.
(7)Nothing in this section applies to a child unless at least one of the two or more exclusions mentioned in subsection (2) took effect on or after 1st September 1997.
Textual Amendments
F28S. 87(4)(4A) substituted for s. 87(4) (20.1.2003 for E., 9.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 4 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with Sch. para. 3); S.I. 2003/2961, art. 7, Sch. Pt. IV
Modifications etc. (not altering text)
C14Ss. 86-87 restricted (29.3.1999) by S.I. 1999/1016, art. 6, Sch. 4 paras. 1, 2(1)
S. 87 applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(c), 2-8
S. 87 applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8.
C15S. 87 applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(b)
C16S. 87 applied (with modifications) (1.2.2006) by The New School (Admissions) (Wales) Regulations 2006 (S.I. 2006/175), regs. 1(1), 9, Sch. (with reg. 2(2))
Marginal Citations
(1)In this Chapter “the admission authority”—
(a)in relation to a community or voluntary controlled school, means—
(i)the local education authority, or
(ii)where with the governing body’s agreement the authority have delegated to them responsibility for determining the admission arrangements for the school, the governing body; and
(b)in relation to a foundation or voluntary aided school, means the governing body.
[F29(1A)Where the admission authority for a community or voluntary controlled school is the local authority, it is the duty of the governing body to implement any decision relating to the admission of pupils to the school which is taken by or on behalf of the admission authority.
(1B)Subsection (1A) does not affect—
(a)any right of appeal which the governing body may have by virtue of arrangements made in pursuance of section 95(2) (appeals in relation to children to whom section 87(2) applies, other than looked after children in England),
(b)any right to refer the matter to the adjudicator which the governing body may have by virtue of section 95A(3) (references to the adjudicator in relation to looked after children in England to whom section 87(2) applies), or
(c)the application of section 101(2A) or section 109(2).]
(2)In this Chapter “admission arrangements”, in relation to a maintained school, means the arrangements for the admission of pupils to the school, including the school’s admission policy.
Textual Amendments
F29S. 88(1A)(1B) inserted (8.1.2007 for E.) by Education and Inspections Act 2006 (c. 40), ss. 43(1), 188(3); S.I. 2006/3400, art. 2(a)
Modifications etc. (not altering text)
C17S. 88 modified (6.1.1999) by S.I. 1998/3130, reg. 3
(1)The admission authority for a maintained school shall, before the beginning of each school year, determine in accordance with this section the admission arrangements which are to apply for that year.
[F30(1A)Regulations may require the admission authorities for maintained schools [F31in England] to include in their admission arrangements such provision relating to the admission of children who are looked after by a local authority [F32in England] F33... as may be prescribed, which may in particular include provision for securing that, subject to sections 86(3) and (3A) and 87 (cases where duty to comply with parental preference does not apply), such children are to be offered admission in preference to other children.]
[F34(2)Before determining the admission arrangements which are to apply for a particular school year, the admission authority shall consult the following about the proposed arrangements, namely—
(a)whichever of the governing body and the local education authority are not the admission authority,
(b)the admission authorities for all other maintained schools in the relevant area or for such class of such 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)), [F35and]
(d)the admission authorities for maintained schools of any prescribed description; [F36and
(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.]
(2A)Subsection (2) does not apply in relation to the proposed admission arrangements for a particular school year if—
(a)the admission authority are the school’s governing body, and
(b)prescribed conditions are satisfied in relation to that year.]
(3)In subsection (2) “the relevant area” means—
(a)the area of the local education authority; or
(b)if regulations so provide, such other area (whether more or less extensive than the area of the local education authority) as may be determined by or in accordance with the regulations.
(4)Once the admission authority have carried out any such consultation, the authority shall—
(a)determine that their proposed arrangements (either in their original form or with such modifications as the authority think fit) shall be the admission arrangements for the school year in question; and
(b)(except in such cases as may be prescribed) notify the [F37appropriate bodies] of those admission arrangements.
(5)Where an admission authority—
(a)have in accordance with subsection (4) 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,
the authority shall (except in a case where their proposed variations fall within any description of variations prescribed for the purposes of this subsection) refer the proposed variations to the adjudicator, and shall (in every case) notify the [F37appropriate bodies] of the proposed variations.
(6)The adjudicator shall consider whether the arrangements should have effect with those variations until the end of that year; and if he determines that the arrangements should so have effect or that they should so have effect subject to such modification of those variations as he may determine—
(a)the arrangements shall have effect accordingly as from the date of his determination; and
(b)the admission authority shall (except in such cases as may be prescribed) notify the [F38appropriate bodies] of the variations subject to which the arrangements are to have effect.
(7)In relation to a maintained school in Wales any reference to the adjudicator in subsection (5) or (6) shall be read as a reference to the Secretary of State.
(8)Regulations may make provision—
(a)specifying matters to which any consultation required by subsection (2) is, or is not, to relate;
(b)as to the manner in which, and the time by which, any such consultation is to be carried out;
(c)as to the manner in which, and the time by which, any notification required by this section is to be given;
(d)specifying matters which are, or are not, to constitute major changes in circumstances for the purposes of subsection (5)(b);
(e)authorising an admission authority, where they have in accordance with subsection (4) 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;
(f)for the application of any of the requirements of subsections (5) and (6) to variations proposed to be made by virtue of paragraph (e), or to any prescribed description of such variations, as if they were variations proposed to be made under subsection (5);
[F39(fa)requiring an admission authority who have made a determination of a prescribed description under this section to publish such information relating to the determination (including information as to the authority’s reasons for making the determination) as may be prescribed;]
(g)as to such other matters connected with the procedure for determining or varying admission arrangements under this section as the Secretary of State considers appropriate.
[F40(8A)The power under paragraph (fa) of subsection (8) 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.]
[F41(9)Where the local education authority are the admission authority for a community or voluntary controlled school, they shall consult the governing body before making any reference under subsection (5).]
[F42(10)In this section “the appropriate bodies”, in relation to an admission authority, means the bodies whom they were required to consult under subsection (2), or would but for subsection (2A) have been required so to consult.]
Textual Amendments
F30S. 89(1A) inserted (3.10.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), ss. 106, 125(4) (with s. 119); S.I. 2005/2034, art. 6; S.I. 2006/1338, art. 3, Sch. 1
F31Words in s. 89(1A) inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 52(2)(a), 188(2)
F32Words in s. 89(1A) inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 52(2)(b), 188(2)
F33Words in s. 89(1A) repealed (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 50(3), 188(3), Sch. 18 Pt. 6; S.I. 2006/3400, art. 3(c)(h)
F34S. 89(2)(2A) substituted for s. 89(2) (1.10.2002 for E., 1.2.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 5(2) (with ss. 210(8), 214(4) and S.I. 2006/173, reg. 6); S.I. 2002/2439, art. 3 (with art. 4, Sch. paras. 3, 5); S.I. 2006/172, art. 4, Sch.
F35Word in s. 89(2)(c) repealed (8.1.2007 for E.) by Education and Inspections Act 2006 (c. 40), ss. 45(a), 188(3), Sch. 18 Pt. 6; S.I. 2006/3400, art. 2(b)(e)
F36S. 89(2)(e) and word inserted (8.1.2007 for E.) by Education and Inspections Act 2006 (c. 40), ss. 45(b), 188(3); S.I. 2006/3400, art. 2(b)
F37Words in s. 89(4)(5) substituted (1.10.2002 for E., 1.2.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 5(3) (with ss. 210(8), 214(4) and S.I. 2006/173, reg. 6); S.I. 2002/2439, art. 3 (with art. 4, Sch. paras. 3, 5); S.I. 2006/172, art. 4, Sch.
F38Words in s. 89(6) substituted (1.10.2002 for E., 1.2.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 5(3) (with ss. 210(8), 214(4) and S.I. 2006/173, reg. 6); S.I. 2002/2439, art. 3 (with art. 4, Sch. paras. 3, 5); S.I. 2006/172, art. 4, Sch.
F39S. 89(8)(fa) inserted (1.10.2002 for E., 1.2.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 5(4) (with ss. 210(8), 214(4) and S.I. 2006/173, reg. 6); S.I. 2002/2439, art. 3 (with art. 4, Sch. paras. 3, 5); S.I. 2006/172, art. 4, Sch.
F40S. 89(8A) inserted (1.10.2002 for E., 1.2.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 5(5) (with ss. 210(8), 214(4) and S.I. 2006/173, reg. 6); S.I. 2002/2439, art. 3 (with art. 4, Sch. paras. 3, 5); S.I. 2006/172, art. 4, Sch.
F41S. 89(9) substituted (1.10.2002 for E., 1.2.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 5(6) (with ss. 210(8), 214(4) and S.I. 2006/173, reg. 6); S.I. 2002/2439, art. 3 (with art. 4, Sch. paras. 3, 5); S.I. 2006/172, art. 4, Sch.
F42S. 89(10) inserted (1.10.2002 for E., 1.2.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 5(7) (with ss. 210(8), 214(4) and S.I. 2006/173, reg. 6); S.I. 2002/2439, art. 3 (with art. 4, Sch. paras. 3, 5); S.I. 2006/172, art. 4, Sch.
Modifications etc. (not altering text)
C18S. 89 excluded (6.1.1999 with application as mentioned) (temp.) by S.I. 1998/3198, arts.3, 4
C19S. 89(5)-(7) excluded (W.) (1.2.2006) by The Education (Variation of Admission Arrangements) (Wales) Regulations 2006 (S.I. 2006/177), regs. 1(1), 3(3)
Commencement Information
I1S. 89 wholly in force; s. 89 not in force at Royal Assent see s. 145(3); s. 89(2)-(8) in force for certain purposes at 1.10.1998 by S.I. 1998/2212, art. 2, Sch. 1 Pt. I; s. 89 in force at 6.1.1999 in so far as not already in force by S.I. 1998/3198, arts. 2, 3 and 4
(1)A determination under section 89 by the admission authority for a maintained school of the admission arrangements which are to apply for a school year shall 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 89 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
F43S. 89A inserted (1.10.2002 for E., 1.2.2006 for W.) by Education Act 2002 (c. 32), ss. 47(2), 216(4) (with ss. 210(8), 214(4) and S.I. 2006/173, reg. 6); S.I. 2002/2439, art. 3 (with art. 4, Sch. paras. 3, 5) (which transitional provisions in Sch. para. 4 are substituted (6.3.2003) by S.I. 2003/606, art. 2 and (4.12.2003) by S.I. 2003/2992, art. 3); S.I. 2006/172, art. 4, Sch.
(1)Regulations may require a local education authority—
(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 local education authority 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 local education 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 local education 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 him that the scheme has been so adopted.
(4)The Secretary of State may by regulations require local education authorities to provide other local education authorities with such information as may be required by them in connection with the exercise of any of their functions under this Chapter.
(5)Regulations may provide—
(a)that each local education authority shall 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 shall be communicated to the parent of the child except on a single day, designated by the local education 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 to offer or refuse a child admission to the school shall not be communicated to the parent of the child except on a prescribed day.
(6)In this section—
“academic year” means a period commencing with 1st August and ending with the next 31st July;
“qualifying scheme” means a scheme that meets prescribed requirements.
Textual Amendments
F44Ss. 89B, 89C inserted (1.10.2002 for E., 1.2.2006 for W.) by Education Act 2002 (c. 32), ss. 48, 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2006/172, art. 4, Sch.
Modifications etc. (not altering text)
C20S. 89B applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(b)
C21S. 89B applied (with modifications) (W.) (1.2.2006) by The New School (Admissions) (Wales) Regulations 2006 (S.I. 2006/175), regs. 1(1), 9, Sch. (with reg. 2(2))
(1)Regulations may make provision about the contents of schemes under section 89B(2), including provision about the duties that may be imposed by such schemes on—
(a)local education authorities, and
(b)the admission authorities for maintained schools.
(2)Regulations may provide that where a local education authority or the governing body of a maintained school have, in such manner as may be prescribed, adopted a scheme formulated by a local education authority for the purpose mentioned in section 89B(1)(a), sections 496 and 497 of the Education Act 1996 shall apply as if any obligations imposed on the local education 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 falls to be made in prescribed circumstances, the decision shall, if a scheme adopted or made [F45by virtue of this section] [F45by virtue of section 89B] so provides, be made by the local education authority regardless of whether they are the admission authority for the school.
[F46(3A)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.]
(4)Before proposing a scheme for adoption under section 89B(1) a local education authority shall comply with such requirements as to consultation as may be prescribed.
(5)Regulations under subsection (4) 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 education authorities are, so far as is reasonably practicable, compatible with each other.
(6)Before making a scheme under section 89B(2) in relation to the area of any local education authority, the Secretary of State shall consult—
(a)the local education 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.
(7)A scheme made under section 89B(2) may be varied or revoked by the Secretary of State.]
Textual Amendments
F44Ss. 89B, 89C inserted (1.10.2002 for E., 1.2.2006 for W.) by Education Act 2002 (c. 32), ss. 48, 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2006/172, art. 4, Sch.
F45Words in s. 89C(3) substituted (8.1.2007 for E.) by Education and Inspections Act 2006 (c. 40), ss. 43(3)(a), 188(3); S.I. 2006/3400, art. 2(a)
F46S. 89C(3A) inserted (8.1.2007 for E.) by Education and Inspections Act 2006 (c. 40), ss. 43(3)(b), 188(3); S.I. 2006/3400, art. 2(a)
Modifications etc. (not altering text)
C22S. 89C applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(b)
C23S. 89C applied (with modifications) (W.) (1.2.2006) by The New School (Admissions) (Wales) Regulations 2006 (S.I. 2006/175), regs. 1(1), 9, Sch. (with reg. 2(2))
(1)Where—
(a)admission arrangements have been determined by an admission authority under section 89(4), but
(b)a body [F47who 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
F47Words 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)
C24S. 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
I2S. 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).
F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F48S. 91 repealed (1.10.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 49, 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 4, Sch. Pt. 1 (with art. 7)
Regulations may—
(a)require the publication by a local education authority of such information relating to admissions as may be prescribed,
(b)require the publication by the governing body of a foundation or voluntary aided school of such information relating to admissions as may be prescribed,
(c)require or allow the publication by the governing body of any school maintained by a local education authority, or by the local education authority on behalf of thegoverning body, of such information relating to the school as may be prescribed, and
(d)make provision as to the time by which, and the manner in which, information required to be published by virtue of this section is to be published.]
Textual Amendments
F49S. 92 substituted (1.10.2002 for E., 1.2.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 7 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2006/172, art. 4, Sch.
Modifications etc. (not altering text)
C25S. 92 applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(b)
C26S. 92 restricted (29.3.1999) by S.I. 1999/1016, art. 6, Sch. 4 paras. 1, 4
S. 92 applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(c), 2-8
S. 92 applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8.
C27S. 92 applied (with modifications) (W.) (1.2.2006) by The New School (Admissions) (Wales) Regulations 2006 (S.I. 2006/175), regs. 1(1), 9, Sch. (with reg. 2(2))
Commencement Information
I3S. 92 wholly in force at 1.4.1999; s. 92 not in force at Royal Assent see s. 145(3); s. 92 in force for certain purposes at 1.10.1998 by S.I. 1998/2212, art. 2, Sch. 1 Pt. I; s. 92 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).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F50S. 93 repealed (1.10.2002 for E., 1.2.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4) and S.I. 2006/173, reg. 5); S.I. 2002/2439, art. 3 (with art. 4, Sch. paras. 3, 5); S.I. 2006/172, art. 4, Sch.
(1)A local education authority shall make arrangements for enabling the parent of a child to appeal against—
(a)any decision made by or on behalf of the authority as to the school at which education is to be provided for the child in the exercise of the authority’s functions, other than a decision leading to or embodied in a direction under section 96 [F51or 97A] (directions for admission), and
(b)[F52in the case of a community or voluntary controlled school maintained by the authority] [F52in a case where the governing body of a community or voluntary controlled school maintained by the authority are the admission authority], any decision made by or on behalf of the governing body refusing the child admission to the school.
[F53(1A)A local education authority shall make arrangements for enabling the parent of a child who has been admitted to a community or voluntary controlled school maintained by the authority to appeal against any decision made by or on behalf of the governing body refusing permission for the child to enter the school’s sixth form.]
(2)The governing body of a foundation or voluntary aided school shall make arrangements for enabling the parent of a child to appeal against any decision made by or on behalf of the governing body refusing the child admission to the school.
[F54(2A)The governing body of a foundation or voluntary aided school shall make arrangements for enabling the parent of a child who has been admitted to the school to appeal against any decision made by or on behalf of the governing body refusing permission for the child to enter the school’s sixth form.]
(3)Joint arrangements may be made under subsection (2) [F55or (2A)] by the governing bodies of two or more foundation or voluntary aided schools maintained by the same local education authority.
(4)A local education authority and the governing body or bodies of one or more foundation or voluntary aided schools maintained by the authority may make joint arrangements consisting of—
(a)such of the arrangements made by the authority in pursuance of subsection (1) [F56or (1A)] as the authority may determine; and
(b)arrangements made by the governing body or bodies in pursuance of subsection (2) [F56or (2A)].
[F57(5)An appeal pursuant to any arrangements made under this section shall be to an appeal panel constituted in accordance with regulations.
(5A)Regulations may make provision about the making of appeals pursuant to such arrangements, including provision—
(a)as to the procedure on such appeals,
(b)for the payment by the local education authority of allowances to members of an appeal panel, and
(c)as to the grounds on which an appeal panel may, in the case of an appeal to which subsection (5B) applies, determine that a place is to be offered to the child concerned.
(5B)This subsection applies to any appeal against a decision made on the ground that prejudice of the kind referred to in section 86(3)(a) would arise as mentioned in subsection (4) of that section.
(5C)Regulations made by virtue of subsection (5A)(b) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (allowances to members of local authorities and other bodies) to apply with prescribed modifications in relation to members of an appeal panel.]
(6)The decision of an appeal panel on an appeal [F58pursuant to arrangements under this section] shall be binding on—
(a)the local education authority or the governing body by whom or on whose behalf the decision under appeal was made, and
(b)in the case of a decision made by or on behalf of a local education authority, the governing body of a community or voluntary controlled school at which the appeal panel determines that a place should be offered to the child in question.
[F59(7)References in this section, in relation to a child who has been admitted to a school, to his entering the school’s sixth form are to his being transferred to a class at the school in which secondary education suitable to the requirements of pupils who are over compulsory school age is provided from a class in which such education is not provided.]
Textual Amendments
F51Words in s. 94(1)(a) inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 51(1), 188(3); S.I. 2006/3400, art. 3(d)
F52Words in s. 94(1)(b) substituted (8.1.2007 for E.) by Education and Inspections Act 2006 (c. 40), ss. 43(4), 188(3); S.I. 2006/3400, art. 2(a)
F53S. 94(1A) inserted (20.1.2003 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 8(2) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with art. 3, Sch. para. 3); S.I. 2005/1395, art. 4, Sch. (with art. 5(3))
F54S. 94(2A) inserted (20.1.2003 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 8(3) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with art. 3, Sch. para. 3); S.I. 2005/1395, art. 4, Sch. (with art. 5(3))
F55Words in s. 94(3) inserted (20.1.2003 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 8(4) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with art. 3, Sch. para. 3); S.I. 2005/1395, art. 4, Sch. (with art. 5(3))
F56Words in s. 94(4)(a)(b) inserted (20.1.2003 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 8(5) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with art. 3, Sch. para. 3); S.I. 2005/1395, art. 4, Sch. (with art. 5(3))
F57S. 94(5)-(5C) substituted for s. 94(5) (20.1.2003 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), ss. 50, 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with art. 3, Sch. para. 4); S.I. 2005/1395, art. 4, Sch. (with art. 5(3))
F58Words in s. 94(6) substituted (20.1.2003 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 8(6) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with art. 3, Sch. para. 3); S.I. 2005/1395, art. 4, Sch. (with art. 5(3))
F59S. 94(7) inserted (20.1.2003 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 8(7) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with art. 3, Sch. para. 3); S.I. 2005/1395, art. 4, Sch. (with art. 5(3))
Modifications etc. (not altering text)
C28S. 94 restricted (29.3.1999) by S.I. 1999/1016, art. 6, Sch. 4 paras. 1, 8
C29S. 94 modified (temp. from 22.4.1999) by S.I. 1999/1064, reg. 5
C30S. 94 applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8
S. 94 applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(c), 2-8
C31S. 94 excluded (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 36(5)(b)(10), 162(2) (with s. 159)
C32S. 94 applied (with modifications) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(b)
C33S. 94 excluded (1.9.2005) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2005 (S.I. 2005/2039), reg. 1(1), Sch. 2 para. 1
C34S. 94 applied (with modifications) (1.2.2006) by The New School (Admissions) (Wales) Regulations 2006 (S.I. 2006/175), regs. 1(1), 9, Sch. (with reg. 2(2))
(1)Nothing in section 94(1) or (2) requires any arrangements to be made for enabling the parent of a child to appeal against a decision—
(a)made by or on behalf of the admission authority for a maintained school, and
(b)refusing the child admission to the school,
in a case where, at the time when the decision is made, section 87(2) applies to the child.
(2)Where a local education authority are the admission authority for a community or voluntary controlled school, the authority shall make arrangements for enabling the governing body of the school to appeal against any decision made by or on behalf of the authority to admit to the school a child to whom, at the time when the decision is made, section 87(2) applies.
[F60(2A)Subsection (2) does not apply in relation to a decision made by or on behalf of a local authority in England to admit to a school a child who is looked after by a local authority in England (provision for references to the adjudicator in relation to such a decision being made by section 95A).]
[F61(3)An appeal by the governing body pursuant to arrangements made under subsection (2) shall be to an appeal panel constituted in accordance with regulations.
(3A)Regulations may make provision about the making of appeals pursuant to arrangements under subsection (2), including provision—
(a)requiring prescribed information to be given to governing bodies in prescribed circumstances,
(b)as to the procedure on such appeals,
(c)for the payment by the local education authority of allowances to members of an appeal panel, and
(d)as to the matters to which an appeal panel is to have regard in considering an appeal.
(3B)Regulations made by virtue of subsection (3A)(c) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (allowances to members of local authorities and other bodies) to apply with prescribed modifications in relation to members of an appeal panel.]
(4)The decision of an appeal panel on an appeal made pursuant to arrangements under subsection (2) shall be binding on the local education authority and the governing body.
Textual Amendments
F60S. 95(2A) inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 48(1), 188(3); S.I. 2006/3400, art. 3(a)
F61S. 95(3)-(3B) substituted for s. 95(3) (20.1.2003 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 9 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with art. 3, Sch. para. 3); S.I. 2005/1395, art. 4, Sch. (with art. 5(4))
Modifications etc. (not altering text)
C35S. 95 modified (temp.) (22.4.1999) by S.I. 1999/1064, reg.6.
C36S. 95 applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(c), 2-8.
S. 95 applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8.
C37Ss. 95-99 applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(b)
C38Ss. 95-99 applied (with modifications) (W.) (1.2.2006) by The New School (Admissions) (Wales) Regulations 2006 (S.I. 2006/175), regs. 1(1), 9, Sch. (with reg. 2(2))
C39S. 95(2) restricted (29.3.1999) by S.I. 1999/1016, art. 6, Sch. 4 paras. 1, 8
(1)This section applies where—
(a)a local authority in England are the admission authority for a community or voluntary controlled school, and
(b)a decision is made by or on behalf of the authority to admit to the school a child who, at the time when the decision is made, is looked after by a local authority in England and to whom (at that time) section 87(2) applies.
(2)The local authority must give notice of the decision to the governing body of the school.
(3)The governing body of the school may, within the period of seven days beginning with the day on which they are notified of the decision, refer the matter to the adjudicator.
(4)A reference under subsection (3) may only be made on the ground that the admission of the child to the school would seriously prejudice the provision of efficient education or the efficient use of resources.
(5)If the adjudicator determines that the admission of the child to the school would have the effect mentioned in subsection (4)—
(a)the decision to admit the child to the school shall cease to have effect, but
(b)the adjudicator may determine that another maintained school in England is to be required to admit the child.
(6)A determination under subsection (5)(b) may only be made with the agreement of the local authority who look after the child.
(7)A determination under subsection (5)(b) may not be made if—
(a)the child is permanently excluded from the other school, or
(b)the admission of the child to the other school would seriously prejudice the provision of efficient education or the efficient use of resources.
(8)If the adjudicator determines under subsection (5)(b) that another school is to be required to admit the child—
(a)the admission authority for the school shall admit the child to the school, and
(b)if the admission authority are not the governing body of the school, the admission authority shall give notice in writing to the governing body and head teacher of the school of the adjudicator's decision.
(9)Regulations may make provision—
(a)requiring the adjudicator to consult prescribed persons or persons of a prescribed description before making any determination in connection with a reference under this section;
(b)requiring an admission authority for a maintained school to provide information which—
(i)falls within a prescribed description, and
(ii)is requested by the adjudicator for the purposes of any such determination.]
Textual Amendments
F62S. 95A inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 48(2), 188(3); S.I. 2006/3400, art. 3(a)
(1)The local education authority may give a direction under this section [F63to the governing body of a school for which they are not the admission authority] if, in the case of any child in their area, either (or both) of the following conditions is satisfied in relation to each school which is a reasonable distance from his home and provides suitable education, that is—
(a)he has been refused admission to the school, or
(b)he is permanently excluded from the school.
(2)A direction under this section shall specify a school—
(a)which is a reasonable distance from the child’s home, and
(b)from which the child is not permanently excluded.
(3)A direction under this section shall, unless it is given on the determination of [F64the appropriate authority (within the meaning of section 97)] under section 97(4), specify a school in the area referred to in subsection (1).
(4)A direction under this section to admit a child shall not specify a school if his admission would result in prejudice of the kind referred to in section 86(3)(a) by reason of measures required to be taken as mentioned in subsection (4) of that section.
(5)Where a school is specified in a direction under this section, the governing body shall admit the child to the school.
(6)Subsection (5) does not affect any power to exclude from a school a pupil who is already a registered pupil there.
(7)In this section “suitable education”, in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.
(8)In this section and [F65sections 97 to 97C] “school” means a maintained school.
Textual Amendments
F63Words in s. 96(1) inserted (1.10.2002 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 10 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with art. 4, Sch. para. 8); S.I. 2005/1395, art. 4, Sch. (with art. 5(2))
F64Words in s. 96(3) substituted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 51(2)(a), 188(3); S.I. 2006/3400, art. 3(d)
F65Words in s. 96(8) substituted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 51(2)(b), 188(3); S.I. 2006/3400, art. 3(d)
Modifications etc. (not altering text)
C37Ss. 95-99 applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(b)
C38Ss. 95-99 applied (with modifications) (W.) (1.2.2006) by The New School (Admissions) (Wales) Regulations 2006 (S.I. 2006/175), regs. 1(1), 9, Sch. (with reg. 2(2))
C40S. 96 applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(c), 2-8.
S. 96 applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8.
(1)Before deciding to give a direction under section 96, the local education authority shall consult—
(a)the parent of the child, and
(b)the governing body of the school they propose to specify in the direction.
(2)Where the local education authority decide to give such a direction specifying any school—
(a)they shall, before doing so, serve a notice in writing of their decision on the governing body and head teacher of the school, and
(b)they shall not give the direction until the period for referring the matter to [F66the appropriate authority] under subsection (3) has expired and, if it is so referred, [F66the appropriate authority] has made [F67its determination].
(3)The governing body may, within the period of 15 days beginning with the day on which the notice was served, refer the matter to [F68the appropriate authority] and, if they do so, shall inform the local education authority.
[F69(4)On a reference under subsection (3) [F70the appropriate authority] may determine which school is to be required to admit the child, and [F71if it does so]—
(a)where the local education authority referred to in subsection (1) are the admission authority for that school, they shall—
(i)admit the child to the school, and
(ii)give notice in writing to the governing body and head teacher of the school of [F72the appropriate authority's] determination, and
(b)in any other case, that school shall be specified in the direction.]
(5)[F73The appropriate authority] shall not make a determination under subsection (4) in relation to a school if the child’s admission to the school would result in prejudice of the kind referred to in section 86(3)(a) by reason of measures required to be taken as mentioned in subsection (4) of that section.
[F74(6)A direction under section 96 shall be given by notice in writing; and a copy of the notice shall be given by the local education authority to the head teacher of theschool.]
[F75(6A)In this section, “the appropriate authority” means—
(a)in relation to a local authority in England, the adjudicator, and
(b)in relation to a local authority in Wales, the Assembly.]
Textual Amendments
F66Words in s. 97(2)(b) substituted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 49(a)(i), 188(3); S.I. 2006/3400, art. 3(b)
F67Words in s. 97(2)(b) substituted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 49(a)(ii), 188(3); S.I. 2006/3400, art. 3(b)
F68Words in s. 97(3) substituted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 49(b), 188(3); S.I. 2006/3400, art. 3(b)
F69S. 97(4) substituted (1.10.2002 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 11(2) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with art. 4, Sch. para. 8); S.I. 2005/1395, art. 4, Sch. (with art. 5(2))
F70Words in s. 97(4) substituted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 49(c)(i), 188(3); S.I. 2006/3400, art. 3(b)
F71Words in s. 97(4) substituted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 49(c)(ii), 188(3); S.I. 2006/3400, art. 3(b)
F72Words in s. 97(4) substituted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 49(c)(iii), 188(3); S.I. 2006/3400, art. 3(b)
F73Words in s. 97(5) substituted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 49(d), 188(3); S.I. 2006/3400, art. 3(b)
F74S. 97(6) substituted (1.10.2002 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 11(3) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with art. 4, Sch. para. 8); S.I. 2005/1395, art. 4, Sch. (with art. 5(2))
F75S. 97(6A) inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 49(e), 188(3); S.I. 2006/3400, art. 3(b)
Modifications etc. (not altering text)
C37Ss. 95-99 applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(b)
C38Ss. 95-99 applied (with modifications) (W.) (1.2.2006) by The New School (Admissions) (Wales) Regulations 2006 (S.I. 2006/175), regs. 1(1), 9, Sch. (with reg. 2(2))
C41S. 97 applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(c), 2-8.
S. 97 applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8.
(1)A local authority in England may, in relation to a child looked after by them, give a direction under this section to the admission authority for any school in England other than a school for which the local authority are the admission authority.
(2)A direction under this section shall not specify a school from which the child is permanently excluded.
(3)Where a school is specified in a direction under this section, the admission authority shall admit the child to the school.
(4)Subsection (3) does not affect any power to exclude from a school a pupil who is already a registered pupil there.
Textual Amendments
F76Ss. 97A, 97B inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 50(1), 188(3); S.I. 2006/3400, art. 3(c)
(1)Before deciding to give a direction under section 97A, the local authority shall consult the admission authority for the school they propose to specify in the direction.
(2)The admission authority for the school shall, within the period of seven days beginning with the day on which they are consulted as mentioned in subsection (1), inform the local authority whether they are willing to admit the child to the school without being directed to do so by the authority.
(3)Where the local authority decide to give a direction under section 97A specifying a school—
(a)they shall, before doing so, serve a notice in writing of their decision on—
(i)the admission authority for the school,
(ii)if the school is a community or voluntary controlled school and the governing body of the school are not the admission authority, the governing body of the school,
(iii)if the school is maintained by a local authority who are not the authority proposing to give the direction and are not the admission authority, the local authority who maintain the school, and
(iv)the head teacher of the school, and
(b)they shall not give the direction until the period for referring the matter to the adjudicator under subsection (4) has expired and, if it is so referred, until the adjudicator has made such determinations under this section as it appears to him to be appropriate to make in connection with the reference.
(4)The following persons—
(a)the admission authority on whom a notice is served under subsection (3)(a)(i), and
(b)in the case of a notice relating to a child to whom (at the time of service of the notice) section 87(2) applies, the governing body of a community or voluntary controlled school on whom the notice is served under subsection (3)(a)(ii),
may, within the period of seven days beginning with the day on which the notice was served, refer the matter to the adjudicator and, if they do so, shall inform the local authority.
(5)A reference under subsection (4) may only be made on the ground that the admission of the child to the school would seriously prejudice the provision of efficient education or the efficient use of resources.
(6)If the adjudicator determines that the admission of the child to the school would have the effect mentioned in subsection (5)—
(a)the local authority may not give a direction under section 97A that the school admit the child, but
(b)the adjudicator may determine that another school in England is to be required to admit the child.
(7)A determination under subsection (6)(b) may only be made with the agreement of the local authority who look after the child.
(8)A determination under subsection (6)(b) may not be made if—
(a)the child is permanently excluded from the other school, or
(b)the admission of the child to the other school would seriously prejudice the provision of efficient education or the efficient use of resources.
(9)If the adjudicator determines under subsection (6)(b) that another school is to be required to admit the child, then—
(a)if the local authority referred to in subsection (1) are the admission authority for that school they shall—
(i)admit the child to the school, and
(ii)give notice in writing to the governing body and head teacher of the school of the adjudicator's decision, and
(b)in any other case, the local authority shall specify that school in their direction under section 97A.
(10)A direction under section 97A shall be given by notice in writing and a copy of the notice shall be given by the local authority to the head teacher of the school.]
Textual Amendments
F76Ss. 97A, 97B inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 50(1), 188(3); S.I. 2006/3400, art. 3(c)
Regulations may make provision in relation to England—
(a)requiring the adjudicator to consult prescribed persons or persons of a prescribed description before making any determination in connection with a reference under section 97 or 97B;
(b)requiring an admission authority for a school to provide information which—
(i)falls within a prescribed description, and
(ii)is requested by the adjudicator for the purposes of any such determination.]
Textual Amendments
F77S. 97C inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 51(3), 188(3); S.I. 2006/3400, art. 3(d)
Textual Amendments
F78S. 97D and cross-heading inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 52(1), 188(2)
(1)The Assembly may by regulations make provision about the admission of children looked after by local authorities in Wales (“looked after children”) to maintained schools in Wales.
(2)Regulations under subsection (1) may include provision requiring the admission authorities for such schools—
(a)to include in their admission arrangements such provision relating to the admission of looked after children as may be prescribed, which may in particular include provision for securing that, subject to prescribed exceptions, such children are to be offered admission in preference to other children;
(b)to admit looked after children in prescribed circumstances, subject to prescribed exceptions.
(3)Regulations under subsection (1) may provide that any of the preceding provisions of this Chapter—
(a)shall not apply in relation to looked after children;
(b)shall apply in relation to such children with prescribed modifications.]
(1)Children admitted to a school for nursery education and subsequently transferred to a reception class at the school shall be regarded for the purposes of this Chapter as admitted to the school (otherwise than for nursery education) on being so transferred.
[F79(2)The admission of children to a school for nursery education shall be disregarded—
(a)for the purposes of any determination under section 89 of the number of pupils in any relevant age group that it is intended to admit to a primary school in a school year, and
(b)in determining for the purposes of section 89A what is a relevant age group in relation to a primary school.]
(3)Subject to subsection (4), nothing in this Chapter [F80apart from subsections (4A) and (4B)] applies in relation to—
(a)nursery schools, or
(b)children who will be under compulsory school age at the time of their proposed admission.
(4)Where the arrangements for the admission of pupils to a maintained school provide for the admission to the school of children who will be under compulsory school age at the time of their proposed admission, this Chapter shall apply in relation to the admission of such pupils to the school otherwise than for nursery education.
F81[(4A)The person responsible for admitting, or refusing to admit, children to a maintained school for nursery education shall be the person who (by virtue of section 88(1)) is the admission authority for the school.
(4B)Regulations may make provision as to the person who is to be responsible for admitting, or refusing to admit, children to maintained nursery schools.]
(5)Regulations may make provision in connection with the arrangements for the admission of pupils to community or foundation special schools, and for the allocation between the local education authority and the governing body of such a school of functions in connection with such arrangements.
(6)Apart from section [F8292(c) and (d)] and subsection (5) above, nothing in this Chapter applies in relation to special schools.
(7)Subject to subsections (8) and (9), nothing in this Chapter applies in relation to children for whom statements of special educational needs are maintained under section 324 of the M3Education Act 1996.
(8)Any provision made by, or (as the case may be) by virtue of, section 84 or [F8392(c) and (d)] or this section[F84, apart from subsections (4A) and (4B),] applies, or (as the case may be) may be made so as to apply, in relation to such children.
[F85(9)Such children shall, in addition, be taken into account for the purposes of—
(a)the references in section 86(5), (5B) and (9) to a number of pupils, and
(b)any determination under section 89 of the number of pupils in a relevant age group that it is intended to admit, or to admit either as boarders or otherwise than as boarders, to a school in a school year.]
(10)In subsection (8) the reference to any provision made by this section includes a reference to subsection (4) only so far as it has effect for the purposes mentioned in subsection (9).
Textual Amendments
F79S. 98(2) substituted (20.1.2003 for E., 1.2.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 12(2) (with ss. 210(8), 214(4) and S.I. 2006/173, reg. 7); S.I. 2002/2952, art. 2 (with art. 3, Sch. para. 2); S.I. 2006/172, art. 4, Sch.
F80Words in s. 98(3) inserted (20.1.2003 for E., 31.3.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 12(3) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with art. 3, Sch. para. 3); S.I. 2004/912, art. 4, Sch. Pt. 1 (with art. 7
F81S. 98(4A)(4B) inserted (20.1.2003 for E., 31.3.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 12(4) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with art. 3, Sch. para. 4); S.I. 2004/912, art. 4, Sch. Pt. 1 (with art. 7)
F82Words in s. 98(6) substituted: (E.) (20.1.2003) by The Education Act 2002 (Modification of Provisions) (No. 2) (England) Regulations 2002 (S.I. 2002/2953), reg. 4; and (W.) (1.2.2006) by The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2006 (S.I. 2006/173), regs. 1(1), 10
F83Words in s. 98(8) substituted: (E.) (20.1.2003) by The Education Act 2002 (Modification of Provisions) (No. 2) (England) Regulations 2002 (S.I. 2002/2953), reg. 4; and (W.) (1.2.2006) by The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2006 (S.I. 2006/173), regs. 1(1), 10
F84Words in s. 98(8) inserted (20.1.2003 for E., 31.3.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 12(5) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with art. 3, Sch. para. 5); S.I. 2004/912, art. 4, Sch. Pt. 1 (with art. 7)
F85S. 98(9) substituted (20.1.2003 for E., 1.2.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 12(6) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with art. 3, Sch. para. 6); S.I. 2006/172, art. 4, Sch.
Modifications etc. (not altering text)
C37Ss. 95-99 applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(b)
C42S. 98 modified (temp.) (22.4.1999) by S.I. 1999/1064, reg.7.
C43S. 98 applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(c), 2-8.
S. 98 applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8.
C44S. 98(2) transitional provisions for effects of 2002 c. 32, Sch. 4 para. 12(2) (W.) (1.2.2006) by The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2006 (S.I. 2006/173), regs. 1(1), 8
Commencement Information
I4S. 98 wholly in force at 1.4.1999; s. 98 not in force at Royal Assent see s. 145(3); s. 98(5) and (8)-(10) in force for certain purposes at 1.10.1998 by S.I. 1998/2212, art. 2, Sch. 1 Pt. I; s. 98 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).
Marginal Citations
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