Part III School admissions

Chapter I Admission arrangements

Nursery and special schools, etc: children with statements

98 Admission for nursery education or to nursery or special school: children with statements of special educational needs.

(1)

Children admitted to a school for nursery education and subsequently transferred to a reception class at the school shall be regarded for the purposes of this Chapter as admitted to the school (otherwise than for nursery education) on being so transferred.

F1(2)

The admission of children to a school for nursery education shall be disregarded—

(a)

for the purposes of any determination under section 89 of the number of pupils in any relevant age group that it is intended to admit to a primary school in a school year, and

(b)

in determining for the purposes of section 89A what is a relevant age group in relation to a primary school.

(3)

Subject to subsection (4), nothing in this Chapter F2apart from subsections (4A) and (4B) applies in relation to—

(a)

nursery schools, or

(b)

children who will be under compulsory school age at the time of their proposed admission.

(4)

Where the arrangements for the admission of pupils to a maintained school provide for the admission to the school of children who will be under compulsory school age at the time of their proposed admission, this Chapter shall apply in relation to the admission of such pupils to the school otherwise than for nursery education.

F3(4A)

The person responsible for admitting, or refusing to admit, children to a maintained school for nursery education shall be the person who (by virtue of section 88(1)) is the admission authority for the school.

(4B)

Regulations may make provision as to the person who is to be responsible for admitting, or refusing to admit, children to maintained nursery schools.

(5)

Regulations may make provision in connection with the arrangements for the admission of pupils to community or foundation special schools, and for the allocation between the local education authority and the governing body of such a school of functions in connection with such arrangements.

(6)

Apart from section F492(c) and (d) and subsection (5) above, nothing in this Chapter applies in relation to special schools.

(7)

Subject to subsections (8) and (9), nothing in this Chapter applies in relation to children for whom statements of special educational needs are maintained under section 324 of the M1Education Act 1996.

(8)

Any provision made by, or (as the case may be) by virtue of, section 84 or F592(c) and (d) or this sectionF6, apart from subsections (4A) and (4B), applies, or (as the case may be) may be made so as to apply, in relation to such children.

F7(9)

Such children shall, in addition, be taken into account for the purposes of—

(a)

the references in section 86(5), (5B) and (9) to a number of pupils, and

(b)

any determination under section 89 of the number of pupils in a relevant age group that it is intended to admit, or to admit either as boarders or otherwise than as boarders, to a school in a school year.

(10)

In subsection (8) the reference to any provision made by this section includes a reference to subsection (4) only so far as it has effect for the purposes mentioned in subsection (9).