Part III School admissions
Chapter I Admission arrangements
F2Admission arrangements: England
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—
- a
provisions so far as implementing a protected change, or
- b
provisions so far as revised in accordance with regulations under subsection (6);
- a
“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).
S. 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)