School Standards and Framework Act 1998

Changes over time for: Section 89C

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School Standards and Framework Act 1998, Section 89C is up to date with all changes known to be in force on or before 23 November 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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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 14(3)(aa) inserted by 2011 nawm 7 s. 16(2) (Amendment not applied to legislation.gov.uk - s.16(02) of 2011 nawm007 omitted by 2013 nawm001 s. 100(4), Sch. 5 para. 13(2); S.I. 2014/178, art. 2(f) (with art. 3) prior to commencement)
s. 18B inserted by 2011 nawm 7 s. 16(3) (Amendment not applied to legislation.gov.uk - s.16(02) of 2011 nawm007 omitted by 2013 nawm001 s. 100(4), Sch. 5 para. 13(2); S.I. 2014/178, art. 2(f) (with art. 3) prior to commencement)
Sch. 22 para. 5(1B) inserted by 2023 c. 55 s. 235(4)

[F189C Further provision about schemes adopted or made by virtue of section 89BE+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)[F2local authorities] [F3in Wales], and

(b)the admission authorities for maintained schools [F4in Wales].

(2)Regulations may provide that where a [F5local authority] [F6in Wales] or the governing body of a maintained school [F7in Wales] have, in such manner as may be prescribed, adopted a scheme formulated by a [F5local 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 [F9in Wales] falls to be made in prescribed circumstances, the decision shall, if a scheme adopted or made [F10by virtue of section 89B] so provides, be made by the [F5local 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 [F12in Wales] is (by virtue of regulations under subsection (3)) made by the [F5local 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 [F5local 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 [F2local 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 [F5local authority], [F13the Welsh Ministers] shall consult—

(a)the [F5local 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 [F14the Welsh Ministers].]

Textual Amendments

F1Ss. 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.