115(1)Section 439 (specification of schools in notices under section 438(2)) shall be amended as follows.E+W
(2)In subsection (2), for the words from “fixed” to “as the number” substitute “ fixed in accordance with section 93 of the School Standards and Framework Act 1998 (fixing admission numbers) as the number ”.
(3)In subsections (3), (5) and (6), omit “or grant-maintained” wherever occurring.
(4)After subsection (4) insert—
“(4A)A local education authority shall not specify a school in a notice under section 438(2) if the admission of the child concerned would result in prejudice of the kind referred to in section 86(3)(a) of the School Standards and Framework Act 1998 (parental preferences) by reason of measures required to be taken as mentioned in subsection (4) of that section.”