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School Standards and Framework Act 1998, Section 89B is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Regulations may require a [F2local authority] [F3in Wales]—
(a)to formulate, for any academic year in relation to which prescribed conditions are satisfied, a qualifying scheme for co-ordinating the arrangements for the admission of pupils to maintained schools in their area, and
(b)to take prescribed action with a view to securing the adoption of the scheme by themselves and each governing body who are the admission authority for a maintained school in their area.
(2)Subject to subsection (3), [F4the Welsh Ministers] may make, in relation to the area of a [F2local authority] [F5in Wales] and an academic year, a scheme for co-ordinating the arrangements, or assisting in the co-ordination of the arrangements, for the admission of pupils to maintained schools in that area.
(3)A scheme may not be made under subsection (2) in relation to a [F2local authority] and an academic year if, before the prescribed date in the year preceding the year in which that academic year commences—
(a)a scheme formulated by the [F2local authority] in accordance with subsection (1) is adopted in the prescribed manner by the persons mentioned in paragraph (b) of that subsection, and
(b)the authority provide [F6the Welsh Ministers] with a copy of the scheme and inform [F7them] that the scheme has been so adopted.
(4)[F8The Welsh Ministers] may by regulations require [F9local authorities] [F10in Wales] to provide other [F9local authorities] with such information as may be required by [F11such other authorities] in connection with the exercise of any of their functions under this Chapter.
(5)Regulations may provide—
(a)that each [F2local authority] [F12in Wales] shall secure that, subject to such exceptions as may be prescribed, no decision made by any admission authority for a maintained school in their area to offer or refuse a child admission to the school shall be communicated to the parent of the child except on a single day, designated by the [F2local authority], in each year, or
(b)that, subject to such exceptions as may be prescribed, a decision made by the admission authority for a maintained school [F13in Wales] to offer or refuse a child admission to the school shall not be communicated to the parent of the child except on a prescribed day.
(6)In this section—
“academic year” means a period commencing with 1st August and ending with the next 31st July;
“qualifying scheme” means a scheme that meets prescribed requirements.
[F14(7)Nothing in this section applies in relation to arrangements for the admission to maintained schools in Wales of pupils—
(a)who—
(i)have ceased to be of compulsory school age, or
(ii)will have ceased to be of compulsory school age before education is provided for them at the school, or
(b)for the purpose of receiving sixth form education.]]
Textual Amendments
F1Ss. 89B, 89C inserted (1.10.2002 for E., 1.2.2006 for W.) by Education Act 2002 (c. 32), ss. 48, 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2006/172, art. 4, Sch.
F2Words 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))
F3Words in s. 89B(1) inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 59(2); S.I. 2008/3077, art. 4(g)
F4Words in s. 89B(2) substituted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 59(3)(a) (with s. 167(2)); S.I. 2008/3077, art. 4(g)
F5Words in s. 89B(2) inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 59(3)(b); S.I. 2008/3077, art. 4(g)
F6Words in s. 89B(3)(b) substituted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 59(4)(a) (with s. 167(2)); S.I. 2008/3077, art. 4(g)
F7Word in s. 89B(3)(b) substituted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 59(4)(b); S.I. 2008/3077, art. 4(g)
F8Words in s. 89B(4) substituted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 59(5)(a) (with s. 167(2)); S.I. 2008/3077, art. 4(g)
F9Words 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))
F10Words in s. 89B(4) inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 59(5)(b); S.I. 2008/3077, art. 4(g)
F11Words in s. 89B(4) substituted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 59(5)(c); S.I. 2008/3077, art. 4(g)
F12Words in s. 89B(5)(a) inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 59(6)(a); S.I. 2008/3077, art. 4(g)
F13Words in s. 89B(5)(b) inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 59(6)(b); S.I. 2008/3077, art. 4(g)
F14S. 89B(7) inserted (26.1.2009 for E., 31.3.2009 for W.) by Education and Skills Act 2008 (c. 25), s. 173(3)(4), Sch. 1 para. 59(7); S.I. 2008/3077, art. 5(e); S.I. 2009/784, art. 3(d)
Modifications etc. (not altering text)
C1S. 89B applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(b)
C2S. 89B applied (with modifications) (W.) (1.2.2006) by The New School (Admissions) (Wales) Regulations 2006 (S.I. 2006/175), regs. 1(1), 9, Sch. (with reg. 2(2))
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