The Education Act 2002 (Commencement No. 3 and Savings and Transitional Provisions) Order 2002

Admission appeals

3.—(1) This sub-paragraph applies in relation to a decision as mentioned in section 94(1) or (2) of the 1998 Act concerning the admission of a child to a maintained school in any school year earlier than 2004-05 where, before 20th January 2003—

(a) notice of appeal against that decision has been given by a parent; but

(b) the appeal has not been determined by an appeal panel constituted in accordance with Schedule 24 to the 1998 Act.

(2) Despite the coming into force of—

(a) section 50 of the 2002 Act,

(b) paragraphs 2 and 8 of Schedule 4 to the 2002 Act, and

(c) the repeal of Schedule 24 to the 1998 Act,

the following provisions of the 1998 Act as originally enacted, namely—

(i) section 84(6),

(ii) section 94, and

(iii) Schedule 24,

shall continue to have effect in relation to an appeal to which sub-paragraph (1) applies.

(3) This sub-paragraph applies in relation to a decision as mentioned in section 95 of the 1998 Act concerning the admission of a child to a community or voluntary controlled school in any school year earlier than 2004-05 where, before 20th January 2003—

(a) notice of appeal against that decision has been given by a governing body; but

(b) the appeal has not been determined by an appeal panel constituted in accordance with Schedule 25 to the 1998 Act.

(4) Despite the coming into force of—

(a) paragraphs 2 and 9 of Schedule 4 to the 2002 Act, and

(b) the repeal of Schedule 25 to the 1998 Act,

the following provisions of the 1998 Act as originally enacted, namely—

(i) section 84(6),

(ii) section 87,

(iii) section 95, and

(iv) Schedule 25,

shall continue to have effect in relation to an appeal to which sub-paragraph (3) applies.