8(1)A person does not contravene section 85(1), so far as relating to disability, only by applying a permitted form of selection.E+W+S
(2)In relation to England and Wales, a permitted form of selection is—
(a)in the case of a maintained school which is not designated as a grammar school under section 104 of the School Standards and Framework Act 1998, a form of selection mentioned in section 99(2) or (4) of that Act;
(b)in the case of a maintained school which is so designated, its selective admission arrangements (within the meaning of section 104 of that Act);
(c)in the case of an independent educational institution, arrangements which provide for some or all of its pupils to be selected by reference to general or special ability or aptitude, with a view to admitting only pupils of high ability or aptitude.
(3)In relation to Scotland, a permitted form of selection is—
(a)in the case of a school managed by an education authority, arrangements approved by the Scottish Ministers for the selection of pupils for admission;
(b)in the case of an independent school, arrangements which provide for some or all of its pupils to be selected by reference to general or special ability or aptitude, with a view to admitting only pupils of high ability or aptitude.
(4)“Maintained school” has the meaning given in section 22 of the School Standards and Framework Act 1998.