School Standards and Framework Act 1998

[F1 90A Restriction on alteration of admission arrangements following adjudicator's decision E+W

(1) Where in accordance with section 90(8) the admission authority for a maintained school in England have revised any provisions of admission arrangements for a school year, this section applies except to the extent that the adjudicator or the Secretary of State determined under section 90(5B)(c), in relation to any change required, that this section was not to apply.

(2) In this section—

• “the protected provisions” in relation to any admission arrangements, means provisions corresponding to those revised in accordance with section 90(8) or regulations under subsection (6) (as so revised);

• “the required number” means such number as may be prescribed or such lesser number as is specified by the adjudicator or the Secretary of State under section 90(5B)(c) in relation to a particular change.

(3) The admission authority for the school—

(a) must incorporate the protected provisions in determining the admission arrangements for each of the required number of school years following the school year in relation to which the revision in accordance with section 90(8) was made, and

(b) may not vary those arrangements in such a way as to alter the protected provisions.

(4) Subsection (3) does not apply to the extent that—

(a) the admission authority are required to determine or vary their admission arrangements in a way which alters the protected provisions in order to comply with any duty imposed on them by regulations under section 89(1A), or

(b) the arrangements may be determined or varied in a way which alters those provisions in accordance with regulations under subsection (6).

(5) Regulations may exclude or modify any provision of section 89 (other than section 89(1A)) in its application to cases to which this section applies.

(6) Regulations may prescribe circumstances in which an admission authority to whom subsection (3) applies may refer to the adjudicator proposals to determine or vary their admission arrangements in a way which alters the protected provisions.

(7) Regulations may make provision as to the determination by the adjudicator of any reference made by virtue of subsection (6).]

Textual Amendments

F1 S. 90A inserted (27.2.2007) by Education and Inspections Act 2006 (c. 40), ss. 46(3), 188(3); S.I. 2006/3400, art. 7(c)