School Standards and Framework Act 1998

100 Permitted selection: pre-existing arrangements. E+W

(1) Where at the beginning of the 1997-98 school year the admission arrangements for a maintained school made provision for selection by ability or by aptitude (and they have at all times since that date continued to do so), the admission arrangements for the school may continue to make such provision [F1 so long as—

(a) the proportion of selective admissions in any relevant age group does not exceed the permitted proportion (as defined by subsection (1A)), and

(b) there is no significant change in the basis of selection.]

[F2 (1A) In subsection (1)(a), “the permitted proportion”, in relation to any relevant age group, means the lowest proportion of selective admissions provided for by the school's admission arrangements at any time since the beginning of the 1997-1998 school year.]

(2) In relation to any time before the appointed day, the reference in subsection (1) to a maintained school is a reference to the school as a county, voluntary or grant-maintained school within the meaning of the M1 Education Act 1996.

(3) In this section “the proportion of selective admissions”, in relation to a relevant age group, means the proportion of the total number of pupils admitted to the school in that age group (determined in the prescribed manner) which is represented by the number of pupils so admitted by reference to ability or to aptitude (as the case may be).

(4) Nothing in this section applies to a school with selective admission arrangements (as defined by section 104(2)).

Textual Amendments

F1 Words in s. 100(1) substituted (27.2.2007 for E., 30.6.2008 for W.) by Education and Inspections Act 2006 (c. 40), ss. 53(2), 188(3); S.I. 2006/3400, art. 6(e); S.I. 2008/1429, art. 3(1), Sch. Pt. 1

F2 S. 100(1A) inserted (27.2.2007 for E., 30.6.2008 for W.) by Education and Inspections Act 2006 (c. 40), ss. 53(3), 188(3); S.I. 2006/3400, art. 6(e); S.I. 2008/1429, art. 3(1), Sch. Pt. 1

Commencement Information

I1 S. 100 wholly in force at 1.4.1999; s. 100 not in force at Royal Assent see s. 145(3); s. 100 in force at 1.10.1998 to the extent that it relates to s. 99(2)(a) by S.I. 1998/2212, art. 2, Sch. 1 Pt. I; s. 100 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

M1 1996 c. 56.