School Standards and Framework Act 1998

[F1 88N Further provision about schemes adopted or made by virtue of section 88M E+W

(1) Regulations may make provision about the contents of schemes under section 88M(2), including provision about the duties that may be imposed by such schemes on—

(a) [F2 local authorities] in England, and

(b) the admission authorities for maintained schools in England.

(2) Regulations may provide that where a [F3 local authority] in England or the governing body of a maintained school in England have, in such manner as may be prescribed, adopted a scheme formulated by a [F3 local authority] for the purpose mentioned in section 88M(1)(a), sections 496 and 497 of the Education Act 1996 are to apply as if any obligations imposed on the [F3 local authority] or governing body under the scheme were duties imposed on them by that Act.

(3) Regulations may provide that where any decision as to whether a child is to be granted or refused admission to a maintained school in England falls to be made in prescribed circumstances, the decision must, if a scheme adopted or made by virtue of section 88M so provides, be made by the [F3 local authority] regardless of whether they are the admission authority for the school.

(4) Where any decision as to whether a child is to be granted or refused admission to a maintained school is (by virtue of regulations under subsection (3)) made by the [F3 local authority] although they are not the admission authority, the governing body of the school must implement the decision.

(5) Before proposing a scheme for adoption under section 88M(1) a [F3 local authority] must comply with such requirements as to consultation as may be prescribed.

(6) Regulations under subsection (5) may in particular require consultations to be undertaken with a view to securing that the arrangements for the admission of pupils to maintained schools in the areas of different [F2 local authorities] are, so far as is reasonably practicable, compatible with each other.

(7) Before making a scheme under section 88M(2) in relation to the area of any [F3 local authority], the Secretary of State must consult—

(a) the [F3 local authority], and

(b) any governing body who are the admission authority for a school which appears to the Secretary of State to be a school to which the scheme will apply.

(8) A scheme made under section 88M(2) may be varied or revoked by the Secretary of State.]

Textual Amendments

F1 Ss. 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)

F2 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(3) (with Sch. 2 para. 10(4))

F3 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))