Education and Inspections Act 2006

School admissions E+W

39 General restriction on selection by ability E+W

(1) No admission arrangements for a community, foundation or voluntary school may make provision for selection by ability unless—

(a) they make provision for one of the permitted forms of such selection mentioned in section 99(2) of SSFA 1998, or

(b) the school is a grammar school.

(2) For the purposes of subsection (1) a school's admission arrangements make provision for selection by ability if they make provision for all or any of the pupils who are to be admitted to the school in any relevant age group to be so admitted by reference to ability.

(3) In this section—

• “ability” means either general ability or ability in any particular subject or subjects;

• “admission arrangements” has the meaning given by section 88(2) of SSFA 1998;

• “grammar school” has the meaning given by section 104(7) of SSFA 1998;

• “relevant age group” has the meaning given by section 142(1) of SSFA 1998.

(4) In section 99 of SSFA 1998—

(a) omit subsection (1) (which is re-enacted as subsection (1) of this section), and

(b) in subsection (2) after “are” insert “ for the purposes of section 39(1) of the Education and Inspections Act 2006 ”.

Commencement Information

I1 S. 39 in force at 27.2.2007 for E. by S.I. 2006/3400, art. 6(b)

I2 S. 39 in force at 30.6.2008 for W. by S.I. 2008/1429, art. 3(1), Sch. Pt. 1

40 Code for school admissions E+W

(1) Section 84 of SSFA 1998 (code of practice) is amended in accordance with subsections (2) to (7).

(2) In subsection (1)—

(a) for “a code of practice containing such practical guidance” substitute “ a code for school admissions containing such provision ”, and

(b) after paragraph (b) insert—

“(ba) admission forums,”.

(3) In subsection (2), for the words from “include” to “other matters” substitute “ impose requirements, and may include guidelines setting out aims, objectives and other matters, ”.

(4) In subsection (3), for “to have regard to” substitute “ to act in accordance with ”.

(5) In subsection (5), omit “of practice” (in each place where it occurs).

(6) In subsection (6), after the definitions of “admission arrangements” and “the admission authority” insert—

““admission forum” means a forum established under section 85A, including a joint admission forum established in pursuance of regulations under subsection (3)(c) of that section;”.

(7) In the heading, and in the italic cross-heading immediately before section 84, for “of practice” substitute “ for school admissions ”.

(8) In section 85 of SSFA 1998 (making and approval of code of practice)—

(a) in subsection (1) omit “of practice”, and

(b) for the heading substitute “ Making and approval of code for school admissions ”.

(9) In relation to a code for school admissions issued under section 84(1) of SSFA 1998 after the passing of this Act, the requirement to consult which is imposed by section 85(2) of SSFA 1998 may be satisfied by consultation undertaken before the passing of this Act, even though the code takes account (to any extent) of any provision made by this Act.

Commencement Information

I3 S. 40 in force at 12.12.2006 for E. by S.I. 2006/2990, art. 2(a) (with arts. 3, 4) (as amended (17.1.2008) by S.I. 2008/54, arts. 1(1), 2)

I4 S. 40 in force at 1.9.2008 for W. by S.I. 2008/1429, art. 3(3), Sch. Pt. 3 (with art. 4)

41 Role of admission forums E+W

F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In section 89 (procedure for determining admission arrangements) for subsection (10) substitute—

“(10) In this section, “the appropriate bodies”, in relation to an admission authority, means—

(a) the bodies or persons whom they were required to consult under subsection (2), or would but for subsection (2A) have been required to consult, and

(b) in the case of an admission authority for a maintained school in England, the admission forum for the area of the [F2 local authority] in which the school is situated.”

(8) In section 90 (reference of objections to adjudicator or Secretary of State)—

(a) in subsection (1) for paragraph (b) substitute—

“(b) an appropriate body wishes to make an objection about those arrangements, and”, and

(b) after subsection (10) insert—

“(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, and

(b) in the case of admission arrangements determined by an admission authority for a maintained school in England, the admission forum for the area of the [F2 local authority] in which the school is situated.”

Textual Amendments

F1 S. 41(1)-(6) omitted (1.2.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 10 para. 3; S.I. 2012/84, art. 3

F2 Words in Pts. 1-7 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. 14(2)

Commencement Information

I5 S. 41 in force at 27.2.2007 by S.I. 2006/3400, art. 7(a)

42 Support for parental preferences E+W

In section 86 of SSFA 1998 (parental preferences) after subsection (1) insert—

“(1A) A [F2 local authority] in England shall provide advice and assistance to parents of children in the area of the authority in connection with the preferences expressed or to be expressed by them in accordance with the arrangements made under subsection (1).”

Textual Amendments

F2 Words in Pts. 1-7 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. 14(2)

Commencement Information

I6 S. 42 in force at 27.2.2007 by S.I. 2006/3400, art. 7(b)

43 Duty of governing body to implement decisions relating to admissions E+W

(1) In section 88 of SSFA 1998 (admission authorities and admission arrangements), after subsection (1) insert—

“(1A) Where the admission authority for a community or voluntary controlled school is the [F2 local authority], it is the duty of the governing body to implement any decision relating to the admission of pupils to the school which is taken by or on behalf of the admission authority.

(1B) Subsection (1A) does not affect—

(a) any right of appeal which the governing body may have by virtue of arrangements made in pursuance of section 95(2) (appeals in relation to children to whom section 87(2) applies, other than looked after children in England),

(b) any right to refer the matter to the adjudicator which the governing body may have by virtue of section 95A(3) (references to the adjudicator in relation to looked after children in England to whom section 87(2) applies), or

(c) the application of section 101(2A) or section 109(2).”

(2) In section 86(2) of SSFA 1998 (duty to comply with parental preference) for “a [F2 local authority] and the governing body of a maintained school” substitute “ the admission authority for a maintained school ”.

(3) In section 89C of SSFA 1998 (co-ordinated schemes for admission arrangements)—

(a) in subsection (3) for “by virtue of this section” substitute “ by virtue of section 89B ”, and

(b) after subsection (3) insert—

“(3A) Where any decision as to whether a child is to be granted or refused admission to a maintained school is (by virtue of regulations under subsection (3)) made by the [F2 local authority] although they are not the admission authority, the governing body of the school must implement the decision.”

(4) In section 94(1) of SSFA 1998 (responsibility of local authority to make appeal arrangements) in paragraph (b) for the words from the beginning to “the authority” substitute “ in a case where the governing body of a community or voluntary controlled school maintained by the authority are the admission authority ”.

Textual Amendments

F2 Words in Pts. 1-7 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. 14(2)

Commencement Information

I7 S. 43 in force at 8.1.2007 for E. by S.I. 2006/3400, art. 2(a)

I8 S. 43 in force at 30.6.2008 for W. by S.I. 2008/1429, art. 3(1), Sch. Pt. 1

44 Prohibition on interviews E+W

After section 88 of SSFA 1998 insert—

“88A Prohibition on interviews

(1) No admission arrangements for a maintained school may require or authorise any interview with an applicant for admission to the school or his parents, where the interview is to be taken into account (to any extent) in determining whether the applicant is to be admitted to the school.

(2) If the maintained school is one at which boarding accommodation is provided for pupils, subsection (1) does not apply in relation to any interview intended to assess the suitability of an applicant for a boarding place.

(3) Where the admission arrangements for a maintained school make provision for a permitted form of selection by aptitude, subsection (1) does not prevent the arrangements from requiring or authorising any audition or other oral or practical test to be carried out in relation to an applicant solely for the purpose of ascertaining the applicant's aptitude in accordance with the arrangements.

(4) In this section, “permitted form of selection by aptitude” is to be read in accordance with section 99(4).”

Commencement Information

I9 S. 44 in force at 27.2.2007 for E. by S.I. 2006/3400, art. 6(c)

I10 S. 44 in force at 30.6.2008 for W. by S.I. 2008/1429, art. 3(1), Sch. Pt. 1

45 Admission arrangements for schools with religious character: consultation and objections E+W

In section 89 of SSFA 1998 (procedure for determining admission arrangements) in subsection (2)—

(a) omit the “and” at the end of paragraph (c), and

(b) after paragraph (d) insert “and

(e) in the case of a foundation or voluntary school which has a religious character for the purposes of Part 2, such body or person representing the religion or religious denomination in question as may be prescribed.”

Commencement Information

I11 S. 45 in force at 8.1.2007 for E. by S.I. 2006/3400, art. 2(b)

I12 S. 45 in force at 30.6.2008 for W. by S.I. 2008/1429, art. 3(1), Sch. Pt. 1

F3 46 Restrictions on alteration of admission arrangements E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 S. 46 repealed (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 2; S.I. 2008/3077, art. 4(h)(vii)

Commencement Information

I13 S. 46 in force at 27.2.2007 by S.I. 2006/3400, art. 7(c)

47 Objections to admission arrangements E+W

(1) Section 90 of SSFA 1998 (reference of objections to adjudicator or Secretary of State) is amended as follows.

(2) After subsection (5) insert—

“(5A) Where the adjudicator or the Secretary of State is required by virtue of subsection (3)(a) or (b) or (5)(c) to decide whether to uphold an objection to admission arrangements, he may consider whether it would be appropriate for changes to be made to any aspect of the admission arrangements, whether or not he would be required to do so for the purpose of determining the objection.

(5B) In the case of any objection referred to him under this section, the adjudicator or the Secretary of State (as the case may be) must publish a report containing the following—

(a) his decision on the objection,

(b) any decision he has made on whether it would be appropriate for changes to be made to the admission arrangements, whether in the light of his decision on the objection or otherwise,

(c) if, in relation to a maintained school in England, he considers that any change required ought not to be protected under section 90A for the number of school years prescribed under section 90A(2), that section 90A is not to apply to that change or that the change will be protected only for such lesser number of school years as he may specify, and

(d) his reasons for the decisions mentioned in paragraphs (a) to (c).

(5C) Where the adjudicator or the Secretary of State (as the case may be) decides that it would be appropriate for changes to be made to the admission arrangements, his decision may specify the modifications that are to be made to the arrangements.”

(3) Subsections (6) and (7) are omitted.

(4) For subsection (8) substitute—

“(8) The decisions of the adjudicator or the Secretary of State 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 the adjudicator or the Secretary of State has 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.”

(5) In subsection (9)—

F4 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph (c) for “any matters required to be published under subsection (7) are” substitute “ a report required to be published under subsection (5B) is ”.

(6) Omit subsection (10) (which has the effect of requiring certain cases to be referred by the adjudicator to the Secretary of State).

Textual Amendments

F4 S. 47(5)(a) repealed (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 2; S.I. 2008/3077, art. 4(h)(vii)

Commencement Information

I14 S. 47 in force at 27.2.2007 for E. by S.I. 2006/3400, art. 6(d)

I15 S. 47 in force at 30.6.2008 for W. by S.I. 2008/1429, art. 3(1), Sch. Pt. 1

48 Looked after children to whom section 87(2) of SSFA 1998 applies E+W

(1) In section 95 of SSFA 1998 (appeals relating to children to whom section 87(2) applies) after subsection (2) insert—

“(2A) Subsection (2) does not apply in relation to a decision made by or on behalf of a [F2 local authority] in England to admit to a school a child who is looked after by a local authority in England (provision for references to the adjudicator in relation to such a decision being made by section 95A).”

(2) After that section insert—

“95A References relating to looked after children to whom section 87(2) applies

(1) This section applies where—

(a) a [F2 local authority] in England are the admission authority for a community or voluntary controlled school, and

(b) a decision is made by or on behalf of the authority to admit to the school a child who, at the time when the decision is made, is looked after by a local authority in England and to whom (at that time) section 87(2) applies.

(2) The [F2 local authority] must give notice of the decision to the governing body of the school.

(3) The governing body of the school may, within the period of seven days beginning with the day on which they are notified of the decision, refer the matter to the adjudicator.

(4) A reference under subsection (3) may only be made on the ground that the admission of the child to the school would seriously prejudice the provision of efficient education or the efficient use of resources.

(5) If the adjudicator determines that the admission of the child to the school would have the effect mentioned in subsection (4)—

(a) the decision to admit the child to the school shall cease to have effect, but

(b) the adjudicator may determine that another maintained school in England is to be required to admit the child.

(6) A determination under subsection (5)(b) may only be made with the agreement of the local authority who look after the child.

(7) A determination under subsection (5)(b) may not be made if—

(a) the child is permanently excluded from the other school, or

(b) the admission of the child to the other school would seriously prejudice the provision of efficient education or the efficient use of resources.

(8) If the adjudicator determines under subsection (5)(b) that another school is to be required to admit the child—

(a) the admission authority for the school shall admit the child to the school, and

(b) if the admission authority are not the governing body of the school, the admission authority shall give notice in writing to the governing body and head teacher of the school of the adjudicator's decision.

(9) Regulations may make provision—

(a) requiring the adjudicator to consult prescribed persons or persons of a prescribed description before making any determination in connection with a reference under this section;

(b) requiring an admission authority for a maintained school to provide information which—

(i) falls within a prescribed description, and

(ii) is requested by the adjudicator for the purposes of any such determination.”

Textual Amendments

F2 Words in Pts. 1-7 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. 14(2)

Commencement Information

I16 S. 48 in force at 8.1.2007 by S.I. 2006/3400, art. 3(a)

49 Procedure for giving directions under section 96 of SSFA 1998 E+W

In section 97 of SSFA 1998 (procedure for giving directions under section 96)—

(a) in subsection (2)(b)—

(i) for “the Secretary of State” (in both places where it occurs) substitute “ the appropriate authority ”, and

(ii) for “his determination” substitute “ its determination ”,

(b) in subsection (3), for “the Secretary of State” substitute “ the appropriate authority ”,

(c) in subsection (4)—

(i) for “the Secretary of State” substitute “ the appropriate authority ”,

(ii) for “if he does so” substitute “ if it does so ”, and

(iii) in paragraph (a)(ii) for “the Secretary of State's” substitute “ the appropriate authority's ”,

(d) in subsection (5) for “The Secretary of State” substitute “ The appropriate authority ”, and

(e) after subsection (6) insert—

“(6A) In this section, “the appropriate authority” means—

(a) in relation to a [F2 local authority] in England, the adjudicator, and

(b) in relation to a [F2 local authority] in Wales, the Assembly.”

Textual Amendments

F2 Words in Pts. 1-7 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. 14(2)

Commencement Information

I17 S. 49 in force at 8.1.2007 by S.I. 2006/3400, art. 3(b)

50 Direction to admit looked after child to specified school E+W

(1) After section 97 of SSFA 1998 insert—

“97A Direction to admit looked after child to specified school

(1) A local authority in England may, in relation to a child looked after by them, give a direction under this section to the admission authority for any school in England other than a school for which the local authority are the admission authority.

(2) A direction under this section shall not specify a school from which the child is permanently excluded.

(3) Where a school is specified in a direction under this section, the admission authority shall admit the child to the school.

(4) Subsection (3) does not affect any power to exclude from a school a pupil who is already a registered pupil there.

97B Procedure for giving direction under section 97A

(1) Before deciding to give a direction under section 97A, the local authority shall consult the admission authority for the school they propose to specify in the direction.

(2) The admission authority for the school shall, within the period of seven days beginning with the day on which they are consulted as mentioned in subsection (1), inform the local authority whether they are willing to admit the child to the school without being directed to do so by the authority.

(3) Where the local authority decide to give a direction under section 97A specifying a school—

(a) they shall, before doing so, serve a notice in writing of their decision on—

(i) the admission authority for the school,

(ii) if the school is a community or voluntary controlled school and the governing body of the school are not the admission authority, the governing body of the school,

(iii) if the school is maintained by a [F2 local authority] who are not the authority proposing to give the direction and are not the admission authority, the [F2 local authority] who maintain the school, and

(iv) the head teacher of the school, and

(b) they shall not give the direction until the period for referring the matter to the adjudicator under subsection (4) has expired and, if it is so referred, until the adjudicator has made such determinations under this section as it appears to him to be appropriate to make in connection with the reference.

(4) The following persons—

(a) the admission authority on whom a notice is served under subsection (3)(a)(i), and

(b) in the case of a notice relating to a child to whom (at the time of service of the notice) section 87(2) applies, the governing body of a community or voluntary controlled school on whom the notice is served under subsection (3)(a)(ii),

may, within the period of seven days beginning with the day on which the notice was served, refer the matter to the adjudicator and, if they do so, shall inform the local authority.

(5) A reference under subsection (4) may only be made on the ground that the admission of the child to the school would seriously prejudice the provision of efficient education or the efficient use of resources.

(6) If the adjudicator determines that the admission of the child to the school would have the effect mentioned in subsection (5)—

(a) the local authority may not give a direction under section 97A that the school admit the child, but

(b) the adjudicator may determine that another school in England is to be required to admit the child.

(7) A determination under subsection (6)(b) may only be made with the agreement of the local authority who look after the child.

(8) A determination under subsection (6)(b) may not be made if—

(a) the child is permanently excluded from the other school, or

(b) the admission of the child to the other school would seriously prejudice the provision of efficient education or the efficient use of resources.

(9) If the adjudicator determines under subsection (6)(b) that another school is to be required to admit the child, then—

(a) if the local authority referred to in subsection (1) are the admission authority for that school they shall—

(i) admit the child to the school, and

(ii) give notice in writing to the governing body and head teacher of the school of the adjudicator's decision, and

(b) in any other case, the local authority shall specify that school in their direction under section 97A.

(10) A direction under section 97A shall be given by notice in writing and a copy of the notice shall be given by the local authority to the head teacher of the school.”

(2) In section 84 of SSFA 1998, after subsection (6) (which defines terms used in Chapter 1 of Part 3 of that Act) insert—

“(7) In this Chapter, references to a child who is looked after by a local authority are to be read in accordance with section 22(1) of the Children Act 1989.”

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In section 143 of SSFA 1998 (index) after the entry relating to “child (in Chapter 1 of Part 3 but not in sections 96 and 97)” insert—

“child looked after by a local authority (in Chapter 1 of Part 3)

section 84(7).”

Textual Amendments

F2 Words in Pts. 1-7 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. 14(2)

F5 S. 50(3) repealed (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 2; S.I. 2008/3077, art. 4(h)(vii)

Commencement Information

I18 S. 50 in force at 8.1.2007 by S.I. 2006/3400, art. 3(c)

51 Directions to admit child to specified school: supplementary provisions E+W

(1) In section 94 of SSFA 1998 (appeal arrangements: general), in subsection (1)(a) after “section 96” insert “ or 97A ”.

(2) In section 96 of SSFA 1998 (direction to admit child to specified school)—

(a) in subsection (3) for “the Secretary of State” substitute “ the appropriate authority (within the meaning of section 97) ”, and

(b) in subsection (8) for “section 97” substitute “ sections 97 to 97C ”.

(3) After section 97B of SSFA 1998 (inserted by section 50) insert—

“97C Determinations under section 97 or 97B: supplemental

Regulations may make provision in relation to England—

(a) requiring the adjudicator to consult prescribed persons or persons of a prescribed description before making any determination in connection with a reference under section 97 or 97B;

(b) requiring an admission authority for a school to provide information which—

(i) falls within a prescribed description, and

(ii) is requested by the adjudicator for the purposes of any such determination.”

Commencement Information

I19 S. 51 in force at 8.1.2007 by S.I. 2006/3400, art. 3(d)

52 Power of Assembly to make regulations about looked after children E+W

(1) After section 97C of SSFA 1998 (inserted by section 51) insert—

“Looked after children in Wales E+W

97D Power of Assembly to make regulations about admission of looked after children

(1) The Assembly may by regulations make provision about the admission of children looked after by local authorities in Wales (“looked after children”) to maintained schools in Wales.

(2) Regulations under subsection (1) may include provision requiring the admission authorities for such schools—

(a) to include in their admission arrangements such provision relating to the admission of looked after children as may be prescribed, which may in particular include provision for securing that, subject to prescribed exceptions, such children are to be offered admission in preference to other children;

(b) to admit looked after children in prescribed circumstances, subject to prescribed exceptions.

(3) Regulations under subsection (1) may provide that any of the preceding provisions of this Chapter—

(a) shall not apply in relation to looked after children;

(b) shall apply in relation to such children with prescribed modifications.”

F6 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 S. 52(2) repealed (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 2; S.I. 2008/3077, art. 4(h)(vii)

Commencement Information

I20 S. 52 in force at 8.1.2007, see s. 188(2)

53 Schools with pre-1998 arrangements for selection by ability or aptitude E+W

(1) Section 100 of SSFA 1998 (permitted selection: pre-existing arrangements) is amended as follows.

(2) In subsection (1) for the words from “so long as” to the end of the subsection substitute “so long as—

(a) the proportion of selective admissions in any relevant age group does not exceed the permitted proportion (as defined by subsection (1A)), and

(b) there is no significant change in the basis of selection.”

(3) After subsection (1) insert—

“(1A) In subsection (1)(a), “the permitted proportion”, in relation to any relevant age group, means the lowest proportion of selective admissions provided for by the school's admission arrangements at any time since the beginning of the 1997-1998 school year.”

Commencement Information

I21 S. 53 in force at 27.2.2007 for E. by S.I. 2006/3400, art. 6(e)

I22 S. 53 in force at 30.6.2008 for W. by S.I. 2008/1429, art. 3(1), Sch. Pt. 1

54 Pupil banding E+W

(1) In section 101 of SSFA 1998 (permitted selection: pupil banding)—

(a) in subsection (1)—

(i) for “subsections (2) to (4)” substitute “ subsections (2) and (2A) ”, and

(ii) after “a maintained school” insert “ in England or Wales ”,

(b) after subsection (1) insert—

“(1A) Subject to subsections (2) and (2A), the admission authority for a maintained school in England may make provision for selection by ability to the extent that the arrangements are designed to secure—

(a) that in any year the pupils admitted to the school in any relevant age group are representative of all levels of ability among such one of the following groups as the admission arrangements may specify (“the reference group”)—

(i) children who are applicants for admission in that age group to any of two or more schools (including the school in question) in the area of the [F2 local authority],

(ii) children in that age group who live in the area of the [F2 local authority], or

(iii) children in that age group who live in England, and

(b) that no level of ability is substantially over-represented or substantially under-represented by comparison with its representation in the reference group.”,

(c) in subsection (2) for “Subsection (1)” substitute “ Subsection (1) or (1A) ”,

(d) after subsection (2) insert—

“(2A) If the admission authority for a maintained school in England is the [F2 local authority], the authority may only introduce such provision for selection by ability as is mentioned in subsection (1) or (1A) with the consent of the governing body of the school.”,

F7 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) in subsection (4), for the words from the beginning to “any school” substitute “ In the case of a school in Wales, admission arrangements to which subsection (1) applies are not authorised ”, and

(g) in subsection (5), for “subsection (1)” substitute “ subsection (1) or (1A) ”.

(2) In section 102 of SSFA 1998 (permitted selection: aptitude for particular subjects), in subsection (3), for “section 101(1)” substitute “ section 101(1) or (1A) ”.

(3) In section 103 of SSFA 1998 (permitted selection: introduction, variation or abandonment of provision for such selection)—

(a) in subsection (2) for “constitutes a prescribed alteration for the purposes of section 28” substitute “constitutes—

(a) in relation to England, a prescribed alteration for the purposes of section 18 of the Education and Inspections Act 2006, and

(b) in relation to Wales, a prescribed alteration for the purposes of section 28”, and

(b) in subsection (3) —

(i) for “section 101(1)” substitute “ section 101(1) or (1A) ”, and

(ii) for “the objectives mentioned in section 101(1)(a) and (b)” substitute “ the objectives mentioned in section 101(1)(a) and (b), section 101(1A)(a)(i) and (b), section 101(1A)(a)(ii) and (b) or section 101(1A)(a)(iii) and (b) ”.

Textual Amendments

F2 Words in Pts. 1-7 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. 14(2)

F7 S. 54(1)(e) omitted (1.10.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 23(2); S.I. 2013/1800, art. 3(j)

Commencement Information

I23 S. 54(1)(2)(3)(b) in force at 8.1.2007 by S.I. 2006/3400, art. 3(e)

I24 S. 54(3)(a) in force at 25.5.2007 by S.I. 2007/935, art. 7(l)