School Standards and Framework Act 1998

84 Code [F1 for school admissions]. E

(1) The Secretary of State shall issue, and may from time to time revise, [F2 a code for school admissions containing such provision] as he thinks appropriate in respect of the discharge by—

(a) local education authorities,

(b) the governing bodies of maintained schools,

[F3 (ba) admission forums,]

(c) appeal panels, and

(d) adjudicators,

of their respective functions under this Chapter.

(2) The code may [F4 impose requirements, and may include guidelines setting out aims, objectives and other matters,] in relation to the discharge of their functions under this Chapter by local education authorities and such governing bodies.

(3) It shall be the duty of—

(a) each of the bodies and persons mentioned in subsection (1) when exercising functions under this Chapter, and

(b) any other person when exercising any function for the purposes of the discharge by a local education authority, or the governing body of a maintained school, of functions under this Chapter,

[F5 to act in accordance with] any relevant provisions of the code.

(4) The Secretary of State shall publish the code as for the time being in force.

(5) The Secretary of State may under subsection (1)—

(a) make separate provision (by means of separate codes F6 ...) in relation to different functions under this Chapter of the bodies and persons mentioned in that subsection;

(b) make different provision for England and for Wales (whether or not by means of separate codes F6 ...);

and references in this section to “the code” or to functions under this Chapter shall have effect, in relation to any such separate code F6 ..., as references to that code or to functions under this Chapter to which it relates (as the case may be).

(6) In this Chapter—

• “admission arrangements” and “the admission authority” have the meaning given by section 88;

• [F7 “admission forum” means a forum established under section 85A, including a joint admission forum established in pursuance of regulations under subsection (3)(c) of that section;]

• “appeal panel” means a panel constituted [F8 in accordance with regulations under section 94(5) or 95(3)] for the purpose of hearing an appeal under this Chapter;

• [F9 “child” includes a person who has not attained the age of 19, except in sections 96 and 97 in so far as those sections apply in relation to Wales;]

• “maintained school” means a community, foundation or voluntary school;

• F10 ...

[F11 (7) In this Chapter, references to a child who is looked after by a local authority are to be read in accordance with section 22(1) of the Children Act 1989.]

Textual Amendments

F1 Words in s. 84 heading substituted (12.12.2006 for E., 1.9.2008 for W.) by Education and Inspections Act 2006 (c. 40), ss. 40(7), 188(3); S.I. 2006/2990, art. 2(a) (with arts. 3, 4) (as amended (17.1.2008) by S.I. 2008/54, arts. 1(1), 2); S.I. 2008/1429, art. 3(3), Sch. Pt. 3 (with art. 4)

F2 Words in s. 84(1) substituted (12.12.2006 for E., 1.9.2008 for W.) by Education and Inspections Act 2006 (c. 40), ss. 40(2)(a), 188(3); S.I. 2006/2990, art. 2(a) (with arts. 3, 4) (as amended (17.1.2008) by S.I. 2008/54, arts. 1(1), 2); S.I. 2008/1429, art. 3(3), Sch. Pt. 3 (with art. 4)

F3 S. 84(1)(ba) inserted (12.12.2006 for E., 1.9.2008 for W.) by Education and Inspections Act 2006 (c. 40), ss. 40(2)(b), 188(3); S.I. 2006/2990, art. 2(a) (with arts. 3, 4) (as amended (17.1.2008) by S.I. 2008/54, arts. 1(1), 2); S.I. 2008/1429, art. 3(3), Sch. Pt. 3 (with art. 4)

F4 Words in s. 84(2) substituted (12.12.2006 for E., 1.9.2008 for W.) by Education and Inspections Act 2006 (c. 40), ss. 40(3), 188(3); S.I. 2006/2990, art. 2(a) (with arts. 3, 4) (as amended (17.1.2008) by S.I. 2008/54, arts. 1(1), 2); S.I. 2008/1429, art. 3(3), Sch. Pt. 3 (with art. 4)

F5 Words in s. 84(3) substituted (12.12.2006 for E., 1.9.2008 for W.) by Education and Inspections Act 2006 (c. 40), ss. 40(4), 188(3); S.I. 2006/2990, art. 2(a) (with arts. 3, 4) (as amended (17.1.2008) by S.I. 2008/54, arts. 1(1), 2); S.I. 2008/1429, art. 3(3), Sch. Pt. 3 (with art. 4)

F6 Words in s. 84(5) repealed (12.12.2006 for E., 1.9.2008 for W.) by Education and Inspections Act 2006 (c. 40), ss. 40(5), 188(3), Sch. 18 Pt. 6; S.I. 2006/2990, art. 2(a)(k) (with arts. 3, 4) (as amended (17.1.2008) by S.I. 2008/54, arts. 1(1), 2); S.I. 2008/1429, art. 3(3), Sch. Pt. 3 (with art. 4)

F7 Words in s. 84(6) inserted (12.12.2006 for E., 1.9.2008 for W.) by Education and Inspections Act 2006 (c. 40), ss. 40(6), 188(3); S.I. 2006/2990, art. 2(a) (with arts. 3, 4) (as amended (17.1.2008) by S.I. 2008/54, arts. 1(1), 2); S.I. 2008/1429, art. 3(3), Sch. Pt. 3 (with art. 4)

F8 Words in s. 84(6) substituted (20.1.2003 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 2 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with art. 3, Sch. para. 3); S.I. 2005/1395, art. 4, Sch. (with art. 5(3)(4))

F9 Words in s. 84(6) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 43(2), 269(4); S.I. 2010/303, art. 3, Sch. 2

F10 Words in s. 84(6) repealed (1.10.2002 for E., 1.2.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)) and S.I. 2006/173, reg. 5; S.I. 2002/2439, art. 3 (with art. 4, Sch. paras. 3, 5); S.I. 2006/172, art. 4, Sch.

F11 S. 84(7) inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 50(2), 188(3); S.I. 2006/3400, art. 3(c)

Modifications etc. (not altering text)

C1 S. 84 modified (temp.)(22.4.1999) by S.I. 1999/1064, reg.2.

S. 84 applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(c), 2-8.

S. 84 applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8.

C2 S. 84 applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(b)

C3 S. 84 applied (with modifications) (1.2.2006) by The New School (Admissions) (Wales) Regulations 2006 (S.I. 2006/175), regs. 1(1), 9, Sch. (with reg. 2(2))

C4 S. 84(6) modified (6.1.1999) by S.I. 1998/3130, reg.2