School Standards and Framework Act 1998

4 (1) The governing body of a school within paragraph 2 shall in the first instance take a decision (their “preliminary decision”) on the question whether—

(a) to accept the school’s allocation to a particular category in accordance with its indicative allocation, or

(b) to opt for it to be allocated to a different category.

(2) Regulations may make provision as to the procedure to be followed in connection with the taking by governing bodies of their preliminary decisions under sub-paragraph (1).

(3) Regulations under sub-paragraph (2) may, in particular, make provision—

(a) as to the consultation to be carried out by governing bodies before taking their preliminary decisions;

(b) as to the time by which governing bodies are to take such decisions;

(c) as to the notification of such decisions to prescribed persons;

(d) as to the provision of prescribed information to prescribed persons;

(e) authorising governing bodies to charge a fee (not exceeding the cost of supply) for prescribed documents supplied by them in pursuance of regulations made by virtue of paragraph (d);

(f) requiring the holding of ballots of registered parents in prescribed cases;

(g) enabling the Secretary of State, in any prescribed circumstances, to declare a previous ballot void and require the holding of a fresh ballot;

(h) as to the conduct of ballots held under the regulations;

(i) specifying criteria for determining, for the purposes of the regulations and this Schedule, the result of any such ballot.