Modifications etc. (not altering text)
C1Pt. III excluded (W.) (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 11(1)
Textual Amendments
F1S. 88A cross-heading inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 151(2), 173(4); S.I. 2008/3077, art. 4(d)
(1)This section applies where admission arrangements have been determined [F3—
(a)]by an admission authority for a maintained school in England under section 88C [F4, or
(b)by an admission authority for an [F5Academy school].]
(2)Where it appears to the Secretary of State that the admission arrangements do not, or may not, conform with the requirements relating to admission arrangements, the Secretary of State may refer the admission arrangements to the adjudicator.
(3)Subsection (4) applies where—
(a)the Secretary of State refers the admission arrangements to the adjudicator under subsection (2), F6...
F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)The adjudicator must—
(a)consider the admission arrangements, and
(b)decide whether they conform with those requirements and, if not, in what respect they do not.
(5)Where it appears to the adjudicator that the admission arrangements do not, or may not, conform with the requirements relating to admission arrangements (and subsection (4) does not apply)—
(a)the adjudicator may consider the admission arrangements, and
(b)if the adjudicator considers the arrangements under paragraph (a), the adjudicator must decide whether they conform with those requirements and, if not, in what respect they do not.
(6)Regulations may make provision prescribing the steps which may be taken by an admission authority where the adjudicator—
(a)is considering the authority's admission arrangements under subsection (4)(a) or (5)(a), but
(b)has not yet made a decision in the case under subsection (4)(b) or (5)(b) (as the case may be).]
Textual Amendments
F2Ss. 88B-88Q inserted (2.12.2008 for specified purposes, 26.1.2009 in so far as not already in force) by Education and Skills Act 2008 (c. 25), ss. 151(4), 173(2)(b)(4); S.I. 2008/3077, arts. 2(a), 4(d)
F3Words in s. 88I(1) inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 64(4)(a), 82(3); S.I. 2012/84, art. 3
F4S. 88I(1)(b) and word inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 64(4)(b), 82(3); S.I. 2012/84, art. 3
F5Words in s. 88I(1)(b) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 10(5); S.I. 2012/924, art. 2
F6S. 88I(3)(b) and word omitted (1.2.2012) by virtue of Education Act 2011 (c. 21), ss. 34(3), 82(3); S.I. 2012/84, art. 3