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School Standards and Framework Act 1998, Section 86B is up to date with all changes known to be in force on or before 02 September 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)Subject to subsections (2) and (4) and section 87, the admission authority for a maintained school shall comply with any preference expressed in accordance with arrangements made under section 86A(1).
(2)The duty imposed by subsection (1) does not apply if compliance with the preference would prejudice the provision of efficient education or the efficient use of resources.
(3)Subsections (5) to (5B) of section 86 apply for the purpose of determining whether any prejudice should be taken to arise for the purposes of subsection (2), but with the substitution of references to that subsection for references to subsection (3)(a) of section 86.
(4)The duty imposed by subsection (1) does not apply in a case where a preference is expressed in relation to sixth form education if—
(a)the relevant selection arrangements for the preferred school are wholly based on selection by reference to ability or aptitude, and
(b)compliance with the preference would be incompatible with selection under those arrangements.
(5)Where the relevant selection arrangements for a school provide for all pupils selected under the arrangements to be selected by reference to ability or aptitude, those arrangements shall be taken for the purposes of subsection (4)(a) to be wholly based on selection by reference to ability or aptitude whether or not they also provide for the use of additional criteria in circumstances where the number of children in a relevant age group who are assessed to be of the requisite ability or aptitude is greater than the number of pupils which it is intended to admit to the school in that age group.
(6)In this section “the relevant selection arrangements”, in relation to a school, means—
(a)the arrangements for admission to the school for sixth form education, or
(b)those arrangements and the arrangements for entry to the sixth form of children who have been admitted to the school.]
Textual Amendments
F1Ss. 86A, 86B inserted (26.1.2009 for E., 31.3.2009 for W.) by Education and Skills Act 2008 (c. 25), ss. 150, 173(3)(4); S.I. 2008/3077, art. 5(a) (with art. 6); S.I. 2009/784, art. 3(a) (with art. 4)
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