Part III School admissions

Chapter I Admission arrangements

F2Admission arrangements: England

Annotations:

88LF1Restriction on alteration of admission arrangements following adjudicator's decision

1

This section applies where—

a

in accordance with section 88J(3)(b) the admissions authority for a maintained school in England have revised any provisions of admission arrangements for a school year, and

b

the revisions include any protected change.

2

In this section—

  • protected change” means a change which the adjudicator has decided under section 88J(4)(a) is to be a protected change for the purposes of this section;

  • the protected provisions”, in relation to any admission arrangements, means provisions corresponding to—

    1. a

      provisions so far as implementing a protected change, or

    2. b

      provisions so far as revised in accordance with regulations under subsection (6);

  • the required number” means such number as may be prescribed or such lesser number as is specified by the adjudicator under section 88J(4)(b) in relation to a particular protected change.

3

The admission authority for the school—

a

must incorporate the protected provisions in determining the admission arrangements for each of the required number of school years following the school year mentioned in subsection (1)(a), and

b

may not vary those arrangements in such a way as to alter the protected provisions.

4

Subsection (3) does not apply to the extent that—

a

the admission authority are required to determine or vary their admission arrangements in a way which alters the protected provisions in order to comply with any duty imposed on them by regulations under section 88B, or

b

the arrangements may be determined or varied in a way which alters those provisions in accordance with regulations under subsection (6).

5

Regulations may exclude or modify any provision of section 88C, 88E or 88F in its application to cases to which this section applies.

6

Regulations may prescribe circumstances in which, in a case where this section applies, an admission authority may refer to the adjudicator proposals to determine or vary their admission arrangements in a way which alters the protected provisions.

7

Regulations may make provision as to the determination by the adjudicator of any reference made by virtue of subsection (6).