“Admission forums

85A Admission forums

(1)

A F1local authority shall in accordance with regulations establish for their area a body, to be known as an admission forum, for the purpose of—

(a)

advising the authority on such matters connected with the exercise of the authority’s functions under this Chapter as may be prescribed, and

(b)

advising the admission authorities for maintained schools in the area for which the forum is established on—

(i)

such matters connected with the determination of admission arrangements, and

(ii)

such other matters connected with the admission of pupils,

as may be prescribed.

(2)

The authority may establish sub-committees of the forum.

(3)

Regulations may make provision—

(a)

as to the constitution, meetings and proceedings of an admission forum and of any such sub-committee,

(b)

as to the manner in which advice is to be given by a forum, and

(c)

as to the establishment by F2local authorities of joint admission forums.

(4)

The bodies mentioned in paragraphs (a) and (b) of subsection (1) shall have regard, in carrying out their functions, to any relevant advice given to them by an admission forum under that subsection.

(5)

The F1local authority shall make arrangements for the forum (and any sub-committee established under subsection (2)) to be provided with accommodation and with such services as the authority consider appropriate.”

“89B Co-ordination of admission arrangements

(1)

Regulations may require a F1local authority —

(a)

to formulate, for any academic year in relation to which prescribed conditions are satisfied, a qualifying scheme for co-ordinating the arrangements for the admission of pupils to maintained schools in their area, and

(b)

to take prescribed action with a view to securing the adoption of the scheme by themselves and each governing body who are the admission authority for a maintained school in their area.

(2)

Subject to subsection (3), the Secretary of State may make, in relation to the area of a F1local authority and an academic year, a scheme for co-ordinating the arrangements, or assisting in the co-ordination of the arrangements, for the admission of pupils to maintained schools in that area.

(3)

A scheme may not be made under subsection (2) in relation to a F1local authority and an academic year if, before the prescribed date in the year preceding the year in which that academic year commences—

(a)

a scheme formulated by the F1local authority in accordance with subsection (1) is adopted in the prescribed manner by the persons mentioned in paragraph (b) of that subsection, and

(b)

the authority provide the Secretary of State with a copy of the scheme and inform him that the scheme has been so adopted.

(4)

The Secretary of State may by regulations require F2local authorities to provide other F2local authorities with such information as may be required by them in connection with the exercise of any of their functions under this Chapter.

(5)

Regulations may provide—

(a)

that each F1local authority shall secure that, subject to such exceptions as may be prescribed, no decision made by any admission authority for a maintained school in their area to offer or refuse a child admission to the school shall be communicated to the parent of the child except on a single day, designated by the F1local authority, in each year, or

(b)

that, subject to such exceptions as may be prescribed, a decision made by the admission authority for a maintained school to offer or refuse a child admission to the school shall not be communicated to the parent of the child except on a prescribed day.

(6)

In this section—

“academic year” means a period commencing with 1st August and ending with the next 31st July;

“qualifying scheme” means a scheme that meets prescribed requirements.

89C Further provision about schemes adopted or made by virtue of section 89B

(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, and

(b)

the admission authorities for maintained schools.

(2)

Regulations may provide that where a F1local authority or the governing body of a maintained school have, in such manner as may be prescribed, adopted a scheme formulated by a F1local 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 F1local 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 falls to be made in prescribed circumstances, the decision shall, if a scheme adopted or made by virtue of this section so provides, be made by the F1local authority regardless of whether they are the admission authority for the school.

(4)

Before proposing a scheme for adoption under section 89B(1) a F1local 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 F1local authority, the Secretary of State shall consult—

(a)

the F1local 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 the Secretary of State.”

“(5)

An appeal pursuant to any arrangements made under this section shall be to an appeal panel constituted in accordance with regulations.

(5A)

Regulations may make provision about the making of appeals pursuant to such arrangements, including provision—

(a)

as to the procedure on such appeals,

(b)

for the payment by the F1local authority of allowances to members of an appeal panel, and

(c)

as to the grounds on which an appeal panel may, in the case of an appeal to which subsection (5B) applies, determine that a place is to be offered to the child concerned.

(5B)

This subsection applies to any appeal against a decision made on the ground that prejudice of the kind referred to in section 86(3)(a) would arise as mentioned in subsection (4) of that section.

(5C)

Regulations made by virtue of subsection (5A)(b) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (allowances to members of local authorities and other bodies) to apply with prescribed modifications in relation to members of an appeal panel.”