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School Standards and Framework Act 1998, Section 88I is up to date with all changes known to be in force on or before 28 August 2024. 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.
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(1)This section applies where admission arrangements have been determined [F2—
(a)]by an admission authority for a maintained school in England under section 88C [F3, or
(b)by an admission authority for an [F4Academy school].]
(2)Where it appears to the Secretary of State that the admission arrangements do not, or may not, conform with the requirements relating to admission arrangements, the Secretary of State may refer the admission arrangements to the adjudicator.
(3)Subsection (4) applies where—
(a)the Secretary of State refers the admission arrangements to the adjudicator under subsection (2), F5...
F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)The adjudicator must—
(a)consider the admission arrangements, and
(b)decide whether they conform with those requirements and, if not, in what respect they do not.
(5)Where it appears to the adjudicator that the admission arrangements do not, or may not, conform with the requirements relating to admission arrangements (and subsection (4) does not apply)—
(a)the adjudicator may consider the admission arrangements, and
(b)if the adjudicator considers the arrangements under paragraph (a), the adjudicator must decide whether they conform with those requirements and, if not, in what respect they do not.
(6)Regulations may make provision prescribing the steps which may be taken by an admission authority where the adjudicator—
(a)is considering the authority's admission arrangements under subsection (4)(a) or (5)(a), but
(b)has not yet made a decision in the case under subsection (4)(b) or (5)(b) (as the case may be).]
Textual Amendments
F1Ss. 88B-88Q inserted (2.12.2008 for specified purposes, 26.1.2009 in so far as not already in force) by Education and Skills Act 2008 (c. 25), ss. 151(4), 173(2)(b)(4); S.I. 2008/3077, arts. 2(a), 4(d)
F2Words in s. 88I(1) inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 64(4)(a), 82(3); S.I. 2012/84, art. 3
F3S. 88I(1)(b) and word inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 64(4)(b), 82(3); S.I. 2012/84, art. 3
F4Words in s. 88I(1)(b) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 10(5); S.I. 2012/924, art. 2
F5S. 88I(3)(b) and word omitted (1.2.2012) by virtue of Education Act 2011 (c. 21), ss. 34(3), 82(3); S.I. 2012/84, art. 3
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