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- Point in Time (20/11/1998)
- Original (As enacted)
Version Superseded: 01/09/1999
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Education Act 1996, Section 426 is up to date with all changes known to be in force on or before 16 July 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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(1)The governing body of a grant-maintained school shall not fix as the number of pupils in any relevant age group it is intended to admit to the school in any school year a number which is less than the approved admission number for that age group.
(2)Subject to subsections (3) and (4) and sections 427 and 428, the approved admission number for any relevant age group is the number specified in the relevant proposals as the number of pupils intended to be admitted to the school in that age group in the first school year beginning on or after the date of implementation of the proposals.
For this purpose “the relevant proposals” means the proposals published under section 193, 211 or 212 above (or, as the case may be, under section 32, 48 or 49 of the M1Education Act 1993 or section 62 of the M2Education Reform Act 1988).
(3)Where proposals for a significant change in the character, or significant enlargement of the premises, of a grant-maintained school or for the transfer of such a school to a new site have been approved or adopted under section 261 above (or, as the case may be, under section 98 of the M3Education Act 1993 or section 89 of the Education Reform Act 1988), the approved admission number for any relevant age group for any school year for which the proposals have been wholly or partly implemented is—
(a)the number specified in the proposals as the number of pupils proposed to be admitted to the school in that age group in the first school year in relation to which the proposals have been wholly implemented, or
(b)if for any school year in relation to which the proposals have been partly implemented the Secretary of State directs the substitution of a different number, that number.
(4)The approved admission number in relation to any relevant age group may be varied in the case of any such school with the approval of the Secretary of State.
[F1(5)Where
(a)the governing body are seeking approval for a reduction of any approved admission number applicable to admissions to an infant class, and
(b)the Secretary of State is satisfied that the admission to the school in any school year of a number of children in any relevant age group equal to the approved admission number would result in prejudice to the provision of efficient education or the efficient use of resources by reason of any qualifying measures,
the Secretary of State shall approve a reduction in that approved admission number by the smallest number which he considers sufficient to avoid such prejudice arising.
F2(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F1S. 426(5)(6) inserted (1.9.1998) by S.I. 1998/1948, reg. 3, Sch. para. 4(1)
F2S. 426 repealed (1.4.1999 to the extent of the repeal of s. 426(6) otherwise (prosp.)) by 1998 c. 31, ss. 140(1)(3), 145(3), Sch. 30 para. 109, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1
Modifications etc. (not altering text)
C1S. 426 modified (1.9.1998)(temp.) by S.I. 1998/1948, reg. 3, Sch. para. 4.
S. 426 modified (1.9.1998)(temp.) by S.I. 1998/1948, reg. 3, Sch. para. 5.
C2Power to restrict s. 426(1) conferred (24.7.1998) by 1998 c. 31, s. 144, Sch. 32 Pt. II para. 6(1)(a) (with ss. 138(9), 144(6)).
Marginal Citations
(1)The governing body of a grant-maintained school shall not fix as the number of pupils in any relevant age group it is intended to admit to the school in any school year a number which is less than the approved admission number for that age group.
(2)Subject to subsections (3) and (4) and sections 427 and 428, the approved admission number for any relevant age group is the number specified in the relevant proposals as the number of pupils intended to be admitted to the school in that age group in the first school year beginning on or after the date of implementation of the proposals.
For this purpose “the relevant proposals” means the proposals published under section 193, 211 or 212 above (or, as the case may be, under section 32, 48 or 49 of the M4Education Act 1993 or section 62 of the M5Education Reform Act 1988).
(3)Where proposals for a significant change in the character, or significant enlargement of the premises, of a grant-maintained school or for the transfer of such a school to a new site have been approved or adopted under section 261 above (or, as the case may be, under section 98 of the M6Education Act 1993 or section 89 of the Education Reform Act 1988), the approved admission number for any relevant age group for any school year for which the proposals have been wholly or partly implemented is—
(a)the number specified in the proposals as the number of pupils proposed to be admitted to the school in that age group in the first school year in relation to which the proposals have been wholly implemented, or
(b)if for any school year in relation to which the proposals have been partly implemented the Secretary of State directs the substitution of a different number, that number.
(4)The approved admission number in relation to any relevant age group may be varied in the case of any such school with the approval of the Secretary of State.
[F3(5)Where
(a)the governing body are seeking approval for a reduction of any approved admission number applicable to admissions to an infant class, and
(b)the Secretary of State is satisfied that the admission to the school in any school year of a number of children in any relevant age group equal to the approved admission number would result in prejudice to the provision of efficient education or the efficient use of resources by reason of any qualifying measures,
the Secretary of State shall approve a reduction in that approved admission number by the smallest number which he considers sufficient to avoid such prejudice arising.
(6)Where an order under section 27(1) relating to primary education applies to the area of the local education authority in which the school is situated, subsection (5) shall have effect as if the references to the Secretary of State were to the funding authority.]
Textual Amendments
F3S. 426(5)(6) inserted (1.9.1998) by S.I. 1998/1948, reg. 3, Sch. para. 4(1)
Modifications etc. (not altering text)
C3S. 426 modified (1.9.1998)(temp.) by S.I. 1998/1948, reg. 3, Sch. para. 4.
S. 426 modified (1.9.1998)(temp.) by S.I. 1998/1948, reg. 3, Sch. para. 5.
C4Power to restrict s. 426(1) conferred (24.7.1998) by 1998 c. 31, s. 144, Sch. 32 Pt. II para. 6(1)(a) (with ss. 138(9), 144(6)).
Marginal Citations
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