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Change 1
As published
95 Appeals relating to children to whom section 87 applies.
(1) Nothing in section 94(1) or (2) requires any arrangements to be made for enabling the appropriate person to appeal against a decision—
(a) made by or on behalf of the admission authority for a maintained school, and
(b) refusing a child admission to the school,
in a case where, at the time when the decision is made, section 87(2) applies to the child.
(1A) In subsection (1), “the appropriate person”, in relation to a child, has the same meaning as in section 94.
(2) Where a local authority are the admission authority for a community or voluntary controlled school, the authority shall make arrangements for enabling the governing body of the school to appeal against any decision made by or on behalf of the authority to admit to the school a child to whom, at the time when the decision is made, section 87(2) applies.
(2A) Subsection (2) does not apply in relation to a decision made by or on behalf of a local authority in England to admit to a school a child who is looked after by such an authority (provision for references to the adjudicator in relation to such a decision being made by section 95A).
(3) An appeal by the governing body pursuant to arrangements made under subsection (2) shall be to an appeal panel constituted in accordance with regulations.
(3A) Regulations may make provision about the making of appeals pursuant to arrangements under subsection (2), including provision—
(a) requiring prescribed information to be given to governing bodies in prescribed circumstances,
(b) as to the procedure on such appeals,
(c) for the payment by the local authority of allowances to members of an appeal panel, and
(d) as to the matters to which an appeal panel is to have regard in considering an appeal.
(3B) Regulations made by virtue of subsection (3A)(c) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (allowances to members of local authorities and other bodies) or (in relation to Wales) Part 5A of the Democracy and Boundary Commission Cymru etc. Act 2013 to apply with prescribed modifications in relation to members of an appeal panel.
(4) The decision of an appeal panel on an appeal made pursuant to arrangements under subsection (2) shall be binding on the local authority and the governing body.
Your change, as a redline
95 Appeals relating to children to whom section 87 applies.
(1) Nothing in section 94(1) or (2) requires any arrangements to be made for enabling the appropriate person to appeal against a decision—
(a) made by or on behalf of the admission authority for a maintained school, and
(b) refusing a child admission to the school,
in a case where, at the time when the decision is made, section 87(2) applies to the child.
(1A) In subsection (1), “the appropriate person”, in relation to a child, has the same meaning as in section 94.
(2) Where a local authority are the admission authority for a community or voluntary controlled school, the authority shall make arrangements for enabling the governing body of the school to appeal against any decision made by or on behalf of the authority to admit to the school a child to whom, at the time when the decision is made, section 87(2) applies.
(2A) Subsection (2) does not apply in relation to a decision made by or on behalf of a local authority in England to admit to a school a child who is looked after by such an authority (provision for references to the adjudicator in relation to such a decision being made by section 95A).
(3) An appeal by the governing body pursuant to arrangements made under subsection (2) shall be to an appeal panel constituted in accordance with regulations.
(3A) Regulations may make provision about the making of appeals pursuant to arrangements under subsection (2), including provision—
(a) requiring prescribed information to be given to governing bodies in prescribed circumstances,
(b) as to the procedure on such appeals,
(c) for the payment by the local authority of allowances to members of an appeal panel, and
(d) as to the matters to which an appeal panel is to have regard in considering an appeal.
(3B) Regulations made by virtue of subsection (3A)(c) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (allowances to members of local authorities and other bodies) or (in relation to Wales) Part 5A of the Democracy and Boundary Commission Cymru etc. Act 2013 to apply with prescribed modifications in relation to members of an appeal panel.
(4) The decision of an appeal panel on an appeal made pursuant to arrangements under subsection (2) shall be binding on the local authority and the governing body.
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