Education Act 2002

Procedure for determining admission arrangements E+W

5 (1) Section 89 of the 1998 Act (procedure for determining admission arrangements) is amended as follows.

(2) For subsection (2) there is substituted—

“(2) Before determining the admission arrangements which are to apply for a particular school year, the admission authority shall consult the following about the proposed arrangements, namely—

(a) whichever of the governing body and the [F1 local authority] are not the admission authority,

(b) the admission authorities for all other maintained schools in the relevant area or for such class of such schools as may be prescribed,

(c) the governing bodies for all community and voluntary controlled schools in the relevant area (so far as not falling within paragraph (a) or (b)), and

(d) the admission authorities for maintained schools of any prescribed description.

(2A) Subsection (2) does not apply in relation to the proposed admission arrangements for a particular school year if—

(a) the admission authority are the school’s governing body, and

(b) prescribed conditions are satisfied in relation to that year.”

(3) In subsections (4), (5) and (6), for “bodies whom they consulted under subsection (2)” there is substituted “ appropriate bodies ”.

(4) In subsection (8), after paragraph (f) there is inserted—

“(fa) requiring an admission authority who have made a determination of a prescribed description under this section to publish such information relating to the determination (including information as to the authority’s reasons for making the determination) as may be prescribed;”.

(5) After that subsection there is inserted—

“(8A) The power under paragraph (fa) of subsection (8) to require an admission authority to publish information includes power to require them to publish it—

(a) by giving a notice containing the information to prescribed persons, or

(b) in any other prescribed manner.”

(6) For subsection (9) there is substituted—

“(9) Where the [F1 local authority] are the admission authority for a community or voluntary controlled school, they shall consult the governing body before making any reference under subsection (5).”

(7) After that subsection there is inserted—

“(10) In this section “the appropriate bodies”, in relation to an admission authority, means the bodies whom they were required to consult under subsection (2), or would but for subsection (2A) have been required so to consult.”

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

Commencement Information

I1 Sch. 4 para. 5 partly in force; Sch. 4 para. 5 not in force at Royal Assent, see s. 216; Sch. 4 para. 5 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I2 Sch. 4 para. 5 in force at 1.2.2006 for W. by S.I. 2006/172, art. 4, Sch.