Cases where an objection may not be referred
2.—(1) This regulation prescribes the description of objections that, by virtue of section 90(1)(c), may not be referred under section 90(1).
(2) An objection may not be referred under that subsection if the substance of the objection is to seek an alteration to the admission arrangements in question–
(a)(in the case of a grammar school) which by virtue of section 104(4) may only be made in accordance with sections 105 to 109;
(b)in respect of which section 90 is excluded from applying by virtue of section 103(1) and (2) (an introduction, variation or abandonment of provision for selection which would constitute a prescribed alteration for the purposes of section 28); or
(c)(except where subparagraph (b) applies) which would constitute a prescribed alteration for the purposes of section 28.
(3) In relation to any time before the coming into force of section 28, the following subparagraph shall have effect in place of paragraph (2)(b) and (c):
“(b)which would constitute a significant change in the character of the school for the purposes of sections 35(1), 41(2), 259(1) and 260(2) of the Education Act 1996(1)”.
1996 c. 57; see also S.I. 1998/2230 which modifies section 101(3) and (4) of the School Standards and Framework Act 1998 in relation to any time before section 28 of that Act comes into force.