(1)The initial arrangements for the admission of pupils to a new school shall be made—
(a)where the school will be a county or controlled school, by the local education authority; or
(b)where it will be an aided school, by the temporary governing body or by the promoters if—
(i)that body have not been constituted, and
(ii)the promoters consider that it is expedient for the arrangements to be determined without delay.
(2)Any body or persons making any initial arrangements under this section shall have regard to the arrangements in force for the admission of pupils to comparable schools in the area of the local education authority.
(3)Before making any such initial arrangements for a new school which will be a county school, the authority shall consult the temporary governing body unless—
(a)that body have not been constituted, and
(b)the authority consider that it is expedient for the initial arrangements to be determined without delay.
(4)Before making any such arrangements for a new school which will be a controlled school the authority shall consult—
(a)the temporary governing body; or
(b)where that body have not been constituted, the promoters.
(5)Before making any such initial arrangements for a new school which will be an aided school the temporary governing body or (as the case may be) the promoters shall consult the authority.
(6)Sections [F1411, 411A, 413 to 414, 423 and 423A] shall have effect in relation to a new school as if the references to the governing body included references to the person responsible for the admission of pupils under the initial arrangements for the school.
(7)In this section “new school” and “temporary governing body” have the meaning given by section 181(1) and (3) respectively; and “the promoters” means the persons making the relevant proposals (as defined by section 181(2)).
Textual Amendments
F1Words in s. 422(6) substituted (1.9.1997) by 1997 c. 44, s. 57(1), Sch. 7 para.32; S.I. 1997/1468, art. 2(2), Sch. 1 Pt.II .