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Change 1
As published
90 Reference of objections to Welsh Ministers.
(1) Where—
(a) admission arrangements have been determined by an admission authority under section 89(4), but
(b) an appropriate body wishes to make an objection about those arrangements, and
(c) the objection does not fall within any description of objections prescribed for the purposes of this paragraph,
that body may refer the objection to the Welsh Ministers.
(2) Where—
(a) admission arrangements have been determined by an admission authority under section 89(4), but
(b) any parent of a prescribed description wishes to make an objection about those arrangements, and
(c) the objection falls within any description of objections prescribed for the purposes of this paragraph,
that person may refer the objection to the Welsh Ministers.
(2A) Where any objection is referred to the Welsh Ministers, they shall decide whether, and (if so) to what extent, the objection should be upheld.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5A) Where the Welsh Ministers are required by virtue of (2A) to decide whether to uphold an objection to admission arrangements, they may consider whether it would be appropriate for changes to be made to any aspect of the admission arrangements, whether or not they would be required to do so for the purpose of determining the objection.
(5B) In the case of any objection referred to them under this section, the Welsh Ministers must publish a report containing the following—
(a) their decision on the objection,
(b) any decision they have made on whether it would be appropriate for changes to be made to the admission arrangements, whether in the light of their decision on the objection or otherwise,
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) their reasons for the decisions mentioned in paragraphs (a) and (b).
(5C) Where the Welsh Ministers decide that it would be appropriate for changes to be made to the admission arrangements, their decision may specify the modifications that are to be made to the arrangements.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) The decisions of the Welsh Ministers 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 Welsh Ministershave 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.
(9) Regulations may make provision—
(a) as to any conditions which must be satisfied before—
(i) an objection can be referred to the Welsh Ministers under subsection (1) or (2), or
(ii) the Welsh Ministersare required to determine an objection referred to them under subsection (2);
(b) prescribing the steps which may be taken by an admission authority where an objection has been referred to the Welsh Ministers under subsection (1) or (2) but has not yet been determined;
(ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) as to the manner in which a report required to be published under subsection (5B) is to be published;
(d) requiring such matters to be notified to such persons, and in such manner, as may be prescribed;
(e) prohibiting or restricting the reference under subsection (1) or (2), within such period following a decision by the Welsh Ministers under this section as may be prescribed, of any objection raising the same (or substantially the same) issues in relation to the admission arrangements of the school in question;
(f) prescribing circumstances in which an admission authority may revise the admission arrangements for their school in the light of any decision by the Welsh Ministers relating to the admission arrangements for another school, and the procedure to be followed in such a case.
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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, ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Your change, as a redline
90 Reference of objections to Welsh Ministers.
(1) Where—
(a) admission arrangements have been determined by an admission authority under section 89(4), but
(b) an appropriate body wishes to make an objection about those arrangements, and
(c) the objection does not fall within any description of objections prescribed for the purposes of this paragraph,
that body may refer the objection to the Welsh Ministers.
(2) Where—
(a) admission arrangements have been determined by an admission authority under section 89(4), but
(b) any parent of a prescribed description wishes to make an objection about those arrangements, and
(c) the objection falls within any description of objections prescribed for the purposes of this paragraph,
that person may refer the objection to the Welsh Ministers.
(2A) Where any objection is referred to the Welsh Ministers, they shall decide whether, and (if so) to what extent, the objection should be upheld.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5A) Where the Welsh Ministers are required by virtue of (2A) to decide whether to uphold an objection to admission arrangements, they may consider whether it would be appropriate for changes to be made to any aspect of the admission arrangements, whether or not they would be required to do so for the purpose of determining the objection.
(5B) In the case of any objection referred to them under this section, the Welsh Ministers must publish a report containing the following—
(a) their decision on the objection,
(b) any decision they have made on whether it would be appropriate for changes to be made to the admission arrangements, whether in the light of their decision on the objection or otherwise,
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) their reasons for the decisions mentioned in paragraphs (a) and (b).
(5C) Where the Welsh Ministers decide that it would be appropriate for changes to be made to the admission arrangements, their decision may specify the modifications that are to be made to the arrangements.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) The decisions of the Welsh Ministers 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 Welsh Ministershave 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.
(9) Regulations may make provision—
(a) as to any conditions which must be satisfied before—
(i) an objection can be referred to the Welsh Ministers under subsection (1) or (2), or
(ii) the Welsh Ministersare required to determine an objection referred to them under subsection (2);
(b) prescribing the steps which may be taken by an admission authority where an objection has been referred to the Welsh Ministers under subsection (1) or (2) but has not yet been determined;
(ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) as to the manner in which a report required to be published under subsection (5B) is to be published;
(d) requiring such matters to be notified to such persons, and in such manner, as may be prescribed;
(e) prohibiting or restricting the reference under subsection (1) or (2), within such period following a decision by the Welsh Ministers under this section as may be prescribed, of any objection raising the same (or substantially the same) issues in relation to the admission arrangements of the school in question;
(f) prescribing circumstances in which an admission authority may revise the admission arrangements for their school in the light of any decision by the Welsh Ministers relating to the admission arrangements for another school, and the procedure to be followed in such a case.
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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, ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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