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Version Superseded: 20/02/2014
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School Standards and Framework Act 1998, Section 89C is up to date with all changes known to be in force on or before 16 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 make provision about the contents of schemes under section 89B(2), including provision about the duties that may be imposed by such schemes on—
(a)[F2local authorities] [F3in Wales], and
(b)the admission authorities for maintained schools [F4in Wales].
(2)Regulations may provide that where a [F5local authority] [F6in Wales] or the governing body of a maintained school [F7in Wales] have, in such manner as may be prescribed, adopted a scheme formulated by a [F5local authority] for the purpose mentioned in section 89B(1)(a), sections 496 and 497 of the Education Act 1996 shall apply as if any obligations imposed on the [F5local 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 [F8in Wales] falls to be made in prescribed circumstances, the decision shall, if a scheme adopted or made [F9by virtue of section 89B] so provides, be made by the [F5local authority] regardless of whether they are the admission authority for the school.
[F10(3A)Where any decision as to whether a child is to be granted or refused admission to a maintained school [F11in Wales] is (by virtue of regulations under subsection (3)) made by the [F5local authority] although they are not the admission authority, the governing body of the school must implement the decision.]
(4)Before proposing a scheme for adoption under section 89B(1) a [F5local authority] shall comply with such requirements as to consultation as may be prescribed.
(5)Regulations under subsection (4) 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 [F2local authorities] are, so far as is reasonably practicable, compatible with each other.
(6)Before making a scheme under section 89B(2) in relation to the area of any [F5local authority], [F12the Welsh Ministers] shall consult—
(a)the [F5local 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.
(7)A scheme made under section 89B(2) may be varied or revoked by [F13the Welsh Ministers].]
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(3) (with Sch. 2 para. 10(4))
F3Words in s. 89C(1)(a) inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 60(2)(a); S.I. 2008/3077, art. 4(g)
F4Words in s. 89C(1)(b) inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 60(2)(b); S.I. 2008/3077, art. 4(g)
F5Words 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))
F6Words in s. 89C(2) inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 60(3)(a); S.I. 2008/3077, art. 4(g)
F7Words in s. 89C(2) inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 60(3)(b); S.I. 2008/3077, art. 4(g)
F8Words in s. 89C(3) inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 60(4); S.I. 2008/3077, art. 4(g)
F9Words in s. 89C(3) substituted (8.1.2007 for E., 30.6.2008 for W.) by Education and Inspections Act 2006 (c. 40), ss. 43(3)(a), 188(3); S.I. 2006/3400, art. 2(a); S.I. 2008/1429, art. 3(1), Sch. Pt. 1
F10S. 89C(3A) inserted (8.1.2007 for E., 30.6.2008 for W.) by Education and Inspections Act 2006 (c. 40), ss. 43(3)(b), 188(3); S.I. 2006/3400, art. 2(a); S.I. 2008/1429, art. 3(1), Sch. Pt. 1
F11Words in s. 89C(3A) inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 60(4); S.I. 2008/3077, art. 4(g)
F12Words in s. 89C(6) substituted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 60(5) (with s. 167(2)); S.I. 2008/3077, art. 4(g)
F13Words in s. 89C(7) substituted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 60(5) (with s. 167(2)); S.I. 2008/3077, art. 4(g)
Modifications etc. (not altering text)
C1S. 89C 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. 89C 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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