Part IIIU.K. School admissions

Chapter IE+W Admission arrangements

[F1Admission arrangements: Wales]E+W

Textual Amendments

90 Reference of objections to [F2Welsh Ministers].E+W

(1)Where—

(a)admission arrangements have been determined by an admission authority under section 89(4), but

[F3(b)an appropriate body wishes to make an objection about those arrangements, and]

(c)the objection does not fall within any description of objections prescribed for the purposes of this paragraph,

that body may refer the objection to [F4the Welsh Ministers].

(2)Where—

(a)admission arrangements have been determined by an admission authority under section 89(4), but

(b)any parent of a prescribed description wishes to make an objection about those arrangements, and

(c)the objection falls within any description of objections prescribed for the purposes of this paragraph,

that person may refer the objection to [F5the Welsh Ministers].

[F6(2A)Where any objection is referred to the Welsh Ministers, they shall decide whether, and (if so) to what extent, the objection should be upheld.]

F7(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8(5A)Where [F9the Welsh Ministers are] required by virtue of [F10(2A)] to decide whether to uphold an objection to admission arrangements, [F11they] may consider whether it would be appropriate for changes to be made to any aspect of the admission arrangements, whether or not [F11they] would be required to do so for the purpose of determining the objection.

(5B)In the case of any objection referred to [F12them] under this section, [F13the Welsh Ministers] must publish a report containing the following—

(a)[F14their] decision on the objection,

(b)any decision [F15they have] made on whether it would be appropriate for changes to be made to the admission arrangements, whether in the light of [F16their] decision on the objection or otherwise,

F17(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)[F18their] reasons for the decisions mentioned in paragraphs (a) [F19and (b)].

(5C)Where [F20the Welsh Ministers decide] that it would be appropriate for changes to be made to the admission arrangements, [F21their] decision may specify the modifications that are to be made to the arrangements.]

F22(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)[F23The decisions of [F24the Welsh Ministers] mentioned in subsection (5B)(a) and (b) shall, in relation to the admission arrangements in question, be binding on the admission authority and on all persons by whom an objection may be made under subsection (1) or (2); and, if [F24the Welsh Ministers][F25have] decided that it would be appropriate for changes to be made to the admission arrangements, those arrangements shall forthwith be revised by the admission authority in such a way as to give effect to the decision.]

(9)Regulations may make provision—

(a)as to any conditions which must be satisfied before—

(i)an objection can be referred to [F26the Welsh Ministers] under subsection (1) or (2), or

(ii)[F27the Welsh Ministers][F28are] required to determine an objection referred to [F28them] under subsection (2);

(b)prescribing the steps which may be taken by an admission authority where an objection has been referred to [F29the Welsh Ministers] under subsection (1) or (2) but has not yet been determined;

F30(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)as to the manner in which [F31a report required to be published under subsection (5B) is] to be published;

(d)requiring such matters to be notified to such persons, and in such manner, as may be prescribed;

(e)prohibiting or restricting the reference under subsection (1) or (2), within such period following a decision by [F32the Welsh Ministers] under this section as may be prescribed, of any objection raising the same (or substantially the same) issues in relation to the admission arrangements of the school in question;

(f)prescribing circumstances in which an admission authority may revise the admission arrangements for their school in the light of any decision by [F33the Welsh Ministers] relating to the admission arrangements for another school, and the procedure to be followed in such a case.

F34(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F35(11)In this section, “appropriate body” means, in relation to the admission arrangements determined by an admission authority—

(a)any body or person whom the admission authority were required to consult under subsection (2) of section 89, or would but for subsection (2A) of that section have been required to consult, F36...

F37(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Modifications etc. (not altering text)

C1S. 90 transitional provisions for effects of 2002 c. 32, Sch. 4 para. 6 (W.) (1.2.2006) by The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2006 (S.I. 2006/173), regs. 1(1), 7

Commencement Information

I1S. 90 wholly in force at 1.4.1999; s. 90 not in force at Royal Assent see s. 145(3); s. 90(1)-(3), (5), (9) and (10) in force for certain purposes at 1.10.1998 by S.I. 1998/2212, art. 2, Sch. 1 Pt. I; s. 90 in force at 1.4.1999 in so far as not already in force by S.I. 1999/1016, art. 2(1), Sch. 1 (with arts. 3-6, Sch. 4).