School Standards and Framework Act 1998

88 Admission authorities and admission arrangements. E+W

(1) In this Chapter “the admission authority”—

(a) in relation to a community or voluntary controlled school, means—

(i) the [F1 local 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; F2 ...

(b) in relation to a foundation or voluntary aided school, means the governing body [F3 ; and

(c) in relation to an [F4 Academy school], means the proprietor of the [F4 Academy school].]

[F5 (1A) Where the admission authority for a community or voluntary controlled school is the [F1 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 F6 ... school, means the arrangements for the admission of pupils to the school, including the school’s admission policy.

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))

F2 Word in s. 88(1)(a) omitted (1.2.2012) by virtue of Education Act 2011 (c. 21), ss. 64(2)(a), 82(3); S.I. 2012/84, art. 3

F3 S. 88(1)(c) and word inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 64(2)(b), 82(3); S.I. 2012/84, art. 3

F4 Words in s. 88(1)(c) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 10(3); S.I. 2012/924, art. 2

F5 S. 88(1A)(1B) inserted (8.1.2007 for E., 30.6.2008 for W.) by Education and Inspections Act 2006 (c. 40), ss. 43(1), 188(3); S.I. 2006/3400, art. 2(a); S.I. 2008/1429, art. 3(1), Sch. Pt. 1

F6 Word in s. 88(2) omitted (1.2.2012) by virtue of Education Act 2011 (c. 21), ss. 64(2)(c), 82(3); S.I. 2012/84, art. 3

Modifications etc. (not altering text)

C1 S. 88 modified (6.1.1999) by S.I. 1998/3130, reg. 3