- Latest available (Revised)
- Point in Time (12/04/2010)
- Original (As enacted)
Point in time view as at 12/04/2010.
School Standards and Framework Act 1998, Section 90 is up to date with all changes known to be in force on or before 05 September 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Where—
(a)admission arrangements have been determined by an admission authority under section 89(4), but
[F2(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 [F3the 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 [F4the Welsh Ministers].
[F5(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.]
F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F7(5A)Where [F8the Welsh Ministers are] required by virtue of [F9(2A)] to decide whether to uphold an objection to admission arrangements, [F10they] may consider whether it would be appropriate for changes to be made to any aspect of the admission arrangements, whether or not [F10they] would be required to do so for the purpose of determining the objection.
(5B)In the case of any objection referred to [F11them] under this section, [F12the Welsh Ministers] must publish a report containing the following—
(a)[F13their] decision on the objection,
(b)any decision [F14they have] made on whether it would be appropriate for changes to be made to the admission arrangements, whether in the light of [F15their] decision on the objection or otherwise,
F16(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)[F17their] reasons for the decisions mentioned in paragraphs (a) [F18and (b)].
(5C)Where [F19the Welsh Ministers decide] that it would be appropriate for changes to be made to the admission arrangements, [F20their] decision may specify the modifications that are to be made to the arrangements.]
F21(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)[F22The decisions of [F23the 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 [F23the Welsh Ministers][F24have] 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 [F25the Welsh Ministers] under subsection (1) or (2), or
(ii)[F26the Welsh Ministers][F27are] required to determine an objection referred to [F27them] under subsection (2);
(b)prescribing the steps which may be taken by an admission authority where an objection has been referred to [F28the Welsh Ministers] under subsection (1) or (2) but has not yet been determined;
F29(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)as to the manner in which [F30a 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 [F31the 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 [F32the Welsh Ministers] relating to the admission arrangements for another school, and the procedure to be followed in such a case.
F33(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F34(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, F35...
F36(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F1Words in s. 90 title substituted (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 62(2) (with s. 167(2)); S.I. 2008/3077, art. 2(d)
F2S. 90(1)(b) substituted (27.2.2007) by Education and Inspections Act 2006 (c. 40), ss. 41(8)(a), 188(3); S.I. 2006/3400, art. 7(a)
F3Words in s. 90(1) substituted (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 62(3); S.I. 2008/3077, art. 2(d)
F4Words in s. 90(2) substituted (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 62(3); S.I. 2008/3077, art. 2(d)
F5S. 90(2A) inserted (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 62(4); S.I. 2008/3077, art. 2(d)
F6S. 90(3)-(5) repealed (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 62(5), Sch. 2; S.I. 2008/3077, art. 2(d)(e)
F7S. 90(5A)-(5C) inserted (27.2.2007 for E., 30.6.2008 for W.) by Education and Inspections Act 2006 (c. 40), ss. 47(2), 188(3); S.I. 2006/3400, art. 6(d); S.I. 2008/1429, art. 3(1), Sch. Pt. 1
F8Words in s. 90(5A) substituted (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 62(6)(a) (with s. 167(2)); S.I. 2008/3077, art. 2(d)
F9Word in s. 90(5A) substituted (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 62(6)(b); S.I. 2008/3077, art. 2(d)
F10Word in s. 90(5A) substituted (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 62(6)(c); S.I. 2008/3077, art. 2(d)
F11Word in s. 90(5B) substituted (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 62(7)(a); S.I. 2008/3077, art. 2(d)
F12Words in s. 90(5B) substituted (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 62(7)(b) (with s. 167(2)); S.I. 2008/3077, art. 2(d)
F13Word in s. 90(5B)(a) substituted (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 62(7)(c); S.I. 2008/3077, art. 2(d)
F14Words in s. 90(5B)(b) substituted (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 62(7)(d); S.I. 2008/3077, art. 2(d)
F15Word in s. 90(5B)(b) substituted (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 62(7)(c); S.I. 2008/3077, art. 2(d)
F16S. 90(5B)(c) repealed (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 62(7)(e), Sch. 2; S.I. 2008/3077, art. 2(d)(e)
F17Word in s. 90(5B)(d) substituted (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 62(7)(c); S.I. 2008/3077, art. 2(d)
F18Words in s. 90(5B)(d) substituted (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 62(7)(f); S.I. 2008/3077, art. 2(d)
F19Words in s. 90(5C) substituted (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 62(8)(a) (with s. 167(2)); S.I. 2008/3077, art. 2(d)
F20Word in s. 90(5C) substituted (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 62(8)(b); S.I. 2008/3077, art. 2(d)
F21S. 90(6)(7) repealed (27.2.2007 for E., 30.6.2008 for W.) by Education and Inspections Act 2006 (c. 40), ss. 47(3), 188(3), Sch. 18 Pt. 6; S.I. 2006/3400, art. 6(d)(g); S.I. 2008/1429, art. 3(1), Sch. Pt. 1
F22S. 90(8) substituted (27.2.2007 for E., 30.6.2008 for W.) by Education and Inspections Act 2006 (c. 40), ss. 47(4), 188(3); S.I. 2006/3400, art. 6(d); S.I. 2008/1429, art. 3(1), Sch. Pt. 1
F23Words in s. 90(8) substituted (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 62(9)(a) (with s. 167(2)); S.I. 2008/3077, art. 2(d)
F24Word in s. 90(8) substituted (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 62(9)(b); S.I. 2008/3077, art. 2(d)
F25Words in s. 90(9)(a)(i) substituted (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 62(10)(a)(i) (with s. 167(2)); S.I. 2008/3077, art. 2(d)
F26Words in s. 90(9)(a)(ii) substituted (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 62(10)(a)(i) (with s. 167(2)); S.I. 2008/3077, art. 2(d)
F27Word in s. 90(9)(a)(ii) substituted (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 62(10)(a)(ii); S.I. 2008/3077, art. 2(d)
F28Words in s. 90(9)(b) substituted (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 62(10)(b) (with s. 167(2)); S.I. 2008/3077, art. 2(d)
F29S. 90(9)(ba) repealed (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 62(10)(c), Sch. 2; S.I. 2008/3077, art. 2(d)(e)
F30Words in s. 90(9)(c) substituted (27.2.2007 for E., 30.6.2008 for W.) by Education and Inspections Act 2006 (c. 40), ss. 47(5)(b), 188(3); S.I. 2006/3400, art. 6(d); S.I. 2008/1429, art. 3(1), Sch. Pt. 1
F31Words in s. 90(9)(e) substituted (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 62(10)(d) (with s. 167(2)); S.I. 2008/3077, art. 2(d)
F32Words in s. 90(9)(f) substituted (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 62(10)(d) (with s. 167(2)); S.I. 2008/3077, art. 2(d)
F33S. 90(10) repealed (27.2.2007 for E., 30.6.2008 for W.) by Education and Inspections Act 2006 (c. 40), ss. 47(6), 188(3), Sch. 18 Pt. 6; S.I. 2006/3400, art. 6(d)(g); S.I. 2008/1429, art. 3(1), Sch. Pt. 1
F34S. 90(11) inserted (27.2.2007) by Education and Inspections Act 2006 (c. 40), ss. 41(8)(b), 188(3); S.I. 2006/3400, art. 7(a)
F35Word in s. 90(11) repealed (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 2; S.I. 2008/3077, art. 2(e)
F36S. 90(11)(b) repealed (2.12.2008) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 62(11), Sch. 2; S.I. 2008/3077, art. 2(d)(e)
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).
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: