Version Superseded: 05/05/2010
Point in time view as at 01/09/2005. This version of this provision has been superseded.
Education Act 2002, Paragraph 8 is up to date with all changes known to be in force on or before 04 March 2025. 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.
8(1)Section 94 of the 1998 Act (appeal arrangements: general) is amended as follows.
(2)After subsection (1) there is inserted—
“(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.”
(3)After subsection (2) there is inserted—
“(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.”
(4)In subsection (3), after “(2)” there is inserted “ or (2A) ”.
(5)In subsection (4), in paragraph (a), after “(1)” there is inserted “ or (1A) ” and in paragraph (b), after “(2)” there is inserted “ or (2A) ”.
(6)In subsection (6) for “under Schedule 24” there is substituted “ pursuant to arrangements under this section ”.
(7)After that subsection there is inserted—
“(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.”
Commencement Information
I1Sch. 4 para. 8 partly in force; Sch. 4 para. 8 not in force at Royal Assent, see s. 216; Sch. 4 para. 8 in force for E. at 20.1.2003 by S.I. 2002/2952, art. 2 (with savings and transitional provisions in Sch. paras. 2, 3)
I2Sch. 4 para. 8 in force at 20.1.2003 except in relation to W. by S.I. 2002/2952, art. 2 (with Sch. para. 3)
I3Sch. 4 para. 8 in force at 31.5.2005 for W. by S.I. 2005/1395, art. 4, Sch. (with art. 5(3))
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