Education Act 1996

Prospective

F1 2 (1) This paragraph applies where the admission arrangements for a grant-maintained school include the provisions authorised by paragraph 1(1).

(2) The governing body shall, in the case of each child on behalf of whom an application for admission is made, notify his parent of the following matters, namely—

(a) the terms of the partnership document and the parental declaration, and

(b) the effect of the provisions of the admission arrangements authorised by paragraph 1(1)(b) and (c).

(3) Where sub-paragraph (2) has been complied with in relation to a child’s parent but—

(a) the parent has failed to comply with the condition referred to in paragraph 1(1)(b), and

(b) the governing body are not satisfied that there are special reasons for dispensing with that condition to the required extent in the case of that child,

the governing body shall not be under any duty to admit the child to the school; and, if he has been allocated a conditional place, the allocation of that place may be cancelled.

(4) In sub-paragraph (3) the reference to dispensing with the condition mentioned in that sub-paragraph “to the required extent”—

(a) is, where the parent gives the governing body a signed parental declaration in relation to some but not the remainder of the parental responsibilities, a reference to dispensing with that condition so far as the remainder of those responsibilities are concerned; but

(b) is otherwise a reference to wholly dispensing with that condition.

(5) In performing any function under this paragraph the governing body shall have regard to any guidance given from time to time by the Secretary of State.

(6) A partnership document shall not be capable of creating any obligation in respect of whose breach any liability arises in contract or in tort.

Textual Amendments

F1 Sch. 33B inserted (1.9.1997 so far as relating to paras. 3 and 4 and otherwise prosp.) by 1997 c. 44, ss. 14(2), 58(3), Sch. 3 (with s. 57(3)); S.I. 1997/1468. art. 2(2), Sch. 1 Pt.II