School Standards and Framework Act 1998

[F1 89C Further provision about schemes adopted or made by virtue of section 89B E+W

(1) Regulations may make provision about the contents of schemes under section 89B(2), including provision about the duties that may be imposed by such schemes on—

(a) [F2 local authorities] [F3 in Wales], and

(b) the admission authorities for maintained schools [F4 in Wales].

(2) Regulations may provide that where a [F5 local authority] [F6 in Wales] or the governing body of a maintained school [F7 in Wales] have, in such manner as may be prescribed, adopted a scheme formulated by a [F5 local authority] for the purpose mentioned in section 89B(1)(a)[F8 —

(a) Chapter 1 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (“the 2013 Act”) (intervention in conduct of maintained schools) is to apply as if any obligations imposed on a governing body under the scheme were duties imposed by the Education Acts.

(b) Chapter 2 of Part 2 of the 2013 Act (intervention in local authorities) is to apply as if any obligation imposed on a local authority were an education function.]

(3) Regulations may provide that where any decision as to whether a child is to be granted or refused admission to a maintained school [F9 in Wales] falls to be made in prescribed circumstances, the decision shall, if a scheme adopted or made [F10 by virtue of section 89B] so provides, be made by the [F5 local authority] regardless of whether they are the admission authority for the school.

[F11 (3A) Where any decision as to whether a child is to be granted or refused admission to a maintained school [F12 in Wales] is (by virtue of regulations under subsection (3)) made by the [F5 local authority] although they are not the admission authority, the governing body of the school must implement the decision.]

(4) Before proposing a scheme for adoption under section 89B(1) a [F5 local authority] shall comply with such requirements as to consultation as may be prescribed.

(5) Regulations under subsection (4) may in particular require consultations to be undertaken with a view to securing that the arrangements for the admission of pupils to maintained schools in the areas of different [F2 local authorities] are, so far as is reasonably practicable, compatible with each other.

(6) Before making a scheme under section 89B(2) in relation to the area of any [F5 local authority], [F13 the Welsh Ministers] shall consult—

(a) the [F5 local authority], and

(b) any governing body who are the admission authority for a school which appears to the Secretary of State to be a school to which the scheme will apply.

(7) A scheme made under section 89B(2) may be varied or revoked by [F14 the Welsh Ministers].]

Textual Amendments

F1 Ss. 89B, 89C inserted (1.10.2002 for E., 1.2.2006 for W.) by Education Act 2002 (c. 32), ss. 48, 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2006/172, art. 4, Sch.

F2 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(3) (with Sch. 2 para. 10(4))

F3 Words in s. 89C(1)(a) inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 60(2)(a); S.I. 2008/3077, art. 4(g)

F4 Words in s. 89C(1)(b) inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 60(2)(b); S.I. 2008/3077, art. 4(g)

F5 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))

F6 Words in s. 89C(2) inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 60(3)(a); S.I. 2008/3077, art. 4(g)

F7 Words in s. 89C(2) inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 60(3)(b); S.I. 2008/3077, art. 4(g)

F8 S. 89C(2)(a)(b) substituted for words (W.) (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 4(5); S.I. 2014/178, art. 2(f) (with art. 3)

F9 Words in s. 89C(3) inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 60(4); S.I. 2008/3077, art. 4(g)

F10 Words in s. 89C(3) substituted (8.1.2007 for E., 30.6.2008 for W.) by Education and Inspections Act 2006 (c. 40), ss. 43(3)(a), 188(3); S.I. 2006/3400, art. 2(a); S.I. 2008/1429, art. 3(1), Sch. Pt. 1

F11 S. 89C(3A) inserted (8.1.2007 for E., 30.6.2008 for W.) by Education and Inspections Act 2006 (c. 40), ss. 43(3)(b), 188(3); S.I. 2006/3400, art. 2(a); S.I. 2008/1429, art. 3(1), Sch. Pt. 1

F12 Words in s. 89C(3A) inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 60(4); S.I. 2008/3077, art. 4(g)

F13 Words in s. 89C(6) substituted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 60(5) (with s. 167(2)); S.I. 2008/3077, art. 4(g)

F14 Words in s. 89C(7) substituted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 60(5) (with s. 167(2)); S.I. 2008/3077, art. 4(g)

Modifications etc. (not altering text)

C1 S. 89C applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(b)

C2 S. 89C applied (with modifications) (W.) (1.2.2006) by The New School (Admissions) (Wales) Regulations 2006 (S.I. 2006/175), regs. 1(1), 9, Sch. (with reg. 2(2))