School Standards and Framework Act 1998

85 [F1 Making and approval of code for school admissions]. E

(1) Where the Secretary of State proposes to issue or revise a code F2 ... 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.

[F3 (7A) In the case of a code issued or revised by the Welsh Ministers, subsection (7) (as modified by paragraph 33 of Schedule 11 to the Government of Wales Act 2006) has effect as if the reference to any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days were to any period during which the National Assembly for Wales is dissolved or is in recess for more than four days.]

(8) In this section references to a proposed code include a proposed revised code.

Subordinate Legislation Made

P1 S. 85(5): 28.2.2007 appointed by S.I. 2007/566, art. 3

P2 S. 85(5): 17.1.2008 appointed (E.) by S.I. 2008/53, art. 2

P3 S. 85(5): 10.2.2009 appointed (E.) by S.I. 2009/211, art. 2

P4 S. 85(5): 10.2.2009 appointed (E.) by S.I. 2009/210, art. 2

P5 S. 85(5): 15.7.2009 appointed (W.) by S.I. 2009/1844, art. 2

P6 S. 85(5): 15.7.2009 appointed (W.) by S.I. 2009/1845, art. 2

P7 S. 85(5): 10.2.2010 appointed (E.) by S.I. 2010/302, art. 2

Textual Amendments

F1 S. 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)

F2 Words in s. 85(1) repealed (12.12.2006 for E., 1.9.2008 for W.) 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); S.I. 2008/1429, art. 3(3), Sch. Pt. 3 (with art. 4)

F3 S. 85(7A) inserted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 64