School Standards and Framework Act 1998

88 Admission authorities and admission arrangements. E+W

(1) In this Chapter “the admission authority”—

(a) in relation to a community or voluntary controlled school, means—

(i) the local education authority, or

(ii) where with the governing body’s agreement the authority have delegated to them responsibility for determining the admission arrangements for the school, the governing body; and

(b) in relation to a foundation or voluntary aided school, means the governing body.

[F1 (1A) Where the admission authority for a community or voluntary controlled school is the local authority, it is the duty of the governing body to implement any decision relating to the admission of pupils to the school which is taken by or on behalf of the admission authority.

(1B) Subsection (1A) does not affect—

(a) any right of appeal which the governing body may have by virtue of arrangements made in pursuance of section 95(2) (appeals in relation to children to whom section 87(2) applies, other than looked after children in England),

(b) any right to refer the matter to the adjudicator which the governing body may have by virtue of section 95A(3) (references to the adjudicator in relation to looked after children in England to whom section 87(2) applies), or

(c) the application of section 101(2A) or section 109(2).]

(2) In this Chapter “admission arrangements”, in relation to a maintained school, means the arrangements for the admission of pupils to the school, including the school’s admission policy.

Textual Amendments

F1 S. 88(1A)(1B) inserted (8.1.2007 for E.) by Education and Inspections Act 2006 (c. 40), ss. 43(1), 188(3); S.I. 2006/3400, art. 2(a)

Modifications etc. (not altering text)

C1 S. 88 modified (6.1.1999) by S.I. 1998/3130, reg. 3