Part III School admissions

Chapter I Admission arrangements

Admission arrangements: Wales

90 Reference of objections to F1Welsh Ministers.

(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)

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F6(4)

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F6(5)

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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)

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(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)

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F21(7)

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(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 MinistersF24have 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 MinistersF27are 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)

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(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)

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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)

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