Law

School Standards and Framework Act 1998

United Kingdom · statute

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In force since 2026-09-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 244 provisions
  1. Title and introductory text
  2. 1 Duty to set limit on infant class sizes.
  3. 2 Plans by LEAs for reducing infant class sizes.
  4. 3 Payment of grant in connection with reductions in infant class sizes.
  5. 4 Interpretation of Chapter I.
  6. 5 Duty of LEAs to promote high standards in primary and secondary education.
  7. 6 Preparation of education development plans.
  8. 7 Approval, modification and review of statement of proposals.
  9. 8 Reserve power of Secretary of State to secure proper performance of local authority's functions.
  10. 9 Education committees to include representatives of parent governors.
  11. 10 Establishment of education action zones.
  12. 11 Establishment of Education Action Forum for zone.
  13. 11A Constitution of Education Action Forum
  14. 11B Expansion of zone
  15. 11C Removal from zone
  16. 11D Information relating to a Forum and its zone
  17. 12 Functions of Education Action Forum.
  18. 13 Disapplication of pay and conditions order in relation to teachers at participating schools.
  19. 14 Powers of intervention exercisable by local authorities.
  20. 15 Cases where local authority may exercise powers of intervention.
  21. 16 Power of local authority to appoint additional governors.
  22. 16A Power of local authority to provide for governing body to consist of interim executive members
  23. 17 Power of local authority to suspend right to delegated budget.
  24. 18 Power of Assembly to appoint additional governors.
  25. 18A Power of Assembly to provide for governing body to consist of interim executive members
  26. 19 Power of Assembly to direct closure of school.
  27. 19ZA Power of Welsh Ministers to direct local authority to give warning notice: teachers' pay and conditions
  28. 19A Governing bodies consisting of interim executive members
  29. 20 New categories of maintained schools.
  30. 21 Kinds of foundation and voluntary schools and types of foundations.
  31. 22 Maintenance and other funding of schools.
  32. 23 Charitable status of maintained schools, etc.
  33. 23A Foundation and foundation special schools: requirements as to foundations
  34. 23B Powers of Secretary of State in relation to charity trustees of foundations
  35. 24 School organisation committees.
  36. 25 Adjudicators.
  37. 26 School organisation plans.
  38. 26A Plans of local learning and skills councils.
  39. 26B Plans of National Council.
  40. 27 Power to require committees or adjudicators for Wales.
  41. 28 Proposals for establishment or alteration of community, foundation or voluntary school in Wales.
  42. 28A Proposals for establishment of community, foundation or voluntary school maintained by English LEA
  43. 29 Proposals for discontinuance of community, foundation, voluntary or maintained nursery school in Wales.
  44. 30 Notice by governing body to discontinue foundation or voluntary school in England.
  45. 31 Proposals for establishment, alteration or discontinuance of community or foundation special school in Wales.
  46. 32 Direction requiring discontinuance of community or foundation special school in Wales.
  47. 33 Further provisions relating to establishment, alteration or discontinuance of schools in Wales.
  48. 34 Rationalisation of school places.
  49. 35 School in Wales changing from one category to another.
  50. 36 Governing bodies.
  51. 37 Instruments of government.
  52. 38 General responsibility of governing body for conduct of school.
  53. 39 Additional functions of governing body.
  54. 40 Control of use of school premises by governing body.
  55. 41 Responsibility for fixing dates of terms and holidays and times of sessions.
  56. 42 Governors’ reports and other information.
  57. 43 Annual parents’ meetings.
  58. 44 Arrangements for government of new schools.
  59. 45 Maintained schools to have budget shares.
  60. 45A Determination of specified budgets of local authority
  61. 45AA Power to require local authorities in England to determine schools budget
  62. 45AB Duty of local authorities in Wales to determine schools budget
  63. 45AC Power to require local authorities in Wales to determine schools budget
  64. 45B Power of Assembly to set minimum schools budget for local authority in Wales
  65. 45C Effect of notice under section 45B(6)
  66. 45D Power of Assembly to repeal Wales-only school funding provisions
  67. 46 Determination of LEA’s local schools budget and individual schools budget.
  68. 47 Determination of school’s budget share.
  69. 47ZA Free of charge early years provision outside a maintained school: budgetary framework: England
  70. 47A Schools forums
  71. 48 Local authorities’ financial schemes.
  72. 49 Maintained schools to have delegated budgets.
  73. 50 Effect of financial delegation.
  74. 51 Suspension of financial delegation for mismanagement etc.
  75. 51A Expenditure incurred for community purposes
  76. 52 Financial statements: Wales.
  77. 53 Certification of statements by Audit Commission.
  78. 53A Certification of statements by Auditor General for Wales
  79. 54 Staffing of community, voluntary controlled and community special schools.
  80. 55 Staffing of foundation, voluntary aided and foundation special schools.
  81. 56 Staffing for non-school activities.
  82. 57 Payments in respect of dismissal, etc.
  83. 58 Appointment and dismissal of certain teachers at schools with a religious character : England.
  84. 58A Appointment and dismissal of certain teachers at schools with a religious character: Wales
  85. 59 Staff at community, secular foundation or voluntary, or special school.
  86. 60 Staff at foundation or voluntary school with religious character.
  87. 61 Responsibility of governing body and head teacher for discipline.
  88. 62 Local authority’s reserve power to prevent a breakdown of discipline.
  89. 63 School attendance targets.
  90. 64 Power of head teacher to exclude pupils.
  91. 65 Exclusion of pupils: duty to inform parents, etc.
  92. 66 Functions of governing body in relation to excluded pupils.
  93. 67 Appeals against exclusion of pupils.
  94. 68 Exclusion of pupils: guidance.
  95. 68A Designation of schools with a religious character: Wales
  96. 69 Duty to secure due provision of religious education : England.
  97. 70 Requirements relating to collective worship.
  98. 71 Exceptions and special arrangements; provision for special schools.
  99. 72 Further provisions relating to new schools.
  100. 73 Transfer of staff on appointed day.
  101. 74 Transfer of land on appointed day.
  102. 75 Transfer of land by governing body to trustees.
  103. 76 Disposals of land in case of certain schools and disposals on discontinuance.
  104. 77 Control of disposals or changes in use of school playing fields.
  105. 78 Rating of maintained schools.
  106. 79 Stamp duty.
  107. 79A Stamp duty land tax
  108. 80 Provision of further education.
  109. 81 Application of employment law during financial delegation.
  110. 82 Modification of trust deeds.
  111. 83 Modification of provisions making governors of foundation or voluntary school ex officio trustees.
  112. 84 Code for school admissions.
  113. 85 Making and approval of code for school admissions.
  114. 85ZA Co-operation in discharging functions under this Part (England)
  115. 85A Admission forums
  116. 85B Functions of admission forums in relation to Academies
  117. 86 Parental preferences.
  118. 86A Preferences relating to sixth-form education: local authority arrangements
  119. 86B Duty in relation to preferences expressed under section 86A: admission authorities of maintained schools
  120. 87 No requirement to admit children permanently excluded from two or more schools.
  121. 88 Admission authorities and admission arrangements.
  122. 88A Prohibition on interviews
  123. 88B Admission arrangements relating to children looked after by local authority
  124. 88C Procedure for determining admission arrangements
  125. 88D Determination of admission numbers
  126. 88E Variation of admission arrangements
  127. 88F Sections 88C to 88E: supplementary
  128. 88G Power to restrict alteration of admission arrangements following establishment or expansion
  129. 88H Reference of objections to adjudicator
  130. 88I Other functions of adjudicator relating to admission arrangements
  131. 88IA Changes to admission numbers
  132. 88J Changes to admission arrangements
  133. 88K Sections 88H and 88I , 88I and 88IA : supplementary
  134. 88L Restriction on alteration of admission arrangements following adjudicator's decision
  135. 88M Co-ordination of admission arrangements
  136. 88N Further provision about schemes adopted or made by virtue of section 88M
  137. 88O Sharing of information by local authorities
  138. 88P Reports by local authorities to adjudicator
  139. 88Q Reports under section 88P: provision of information
  140. 88R Prohibition on interviews
  141. 89 Procedure for determining admission arrangements.
  142. 89A Determination of admission numbers
  143. 89B Co-ordination of admission arrangements
  144. 89C Further provision about schemes adopted or made by virtue of section 89B
  145. 89D Power to restrict alteration of admission arrangements following establishment or expansion
  146. 90 Reference of objections to Welsh Ministers.
  147. 90ZA Regulations by Welsh Ministers under sections 89 to 90
  148. 90A Restriction on alteration of admission arrangements following adjudicator's decision
  149. 91 Special arrangements to preserve religious character of foundation or voluntary aided school.
  150. 92 Publication of information about admissions.
  151. 93 Fixing admission numbers.
  152. 94 Appeal arrangements: general.
  153. 95 Appeals relating to children to whom section 87 applies.
  154. 95A References relating to looked after children to whom section 87(2) applies
  155. 96 Direction to admit child to specified school.
  156. 97 Procedure for giving direction under section 96.
  157. 97A Direction to admit looked after child to specified school
  158. 97B Procedure for giving direction under section 97A
  159. 97C Determinations under section 97 or 97B: supplemental
  160. 97D Power of Assembly to make regulations about admission of looked after children
  161. 98 Admission for nursery education or to nursery or special school: children with statements of special educational needs or EHC plans.
  162. 98A Meaning of “sixth form education” etc
  163. 99 General restriction on selection by ability or aptitude.
  164. 100 Permitted selection: pre-existing arrangements.
  165. 101 Permitted selection: pupil banding.
  166. 102 Permitted selection in maintained schools in England: aptitude for particular subjects.
  167. 102A Permitted selection in maintained schools in Wales: aptitude for particular areas of learning and experience etc.
  168. 103 Permitted selection: introduction, variation or abandonment of provision for such selection.
  169. 104 Designation of grammar schools.
  170. 105 Procedure for deciding whether grammar schools should retain selective admission arrangements.
  171. 106 Ballot regulations: eligibility of parents to request or vote in ballot.
  172. 107 Restriction on publication of material etc. relating to ballots.
  173. 108 Implementation of decision that school should cease to have selective admission arrangements.
  174. 109 Proposals by governing body of grammar school to end selective admission arrangements.
  175. 110 Home-school agreements.
  176. 111 Supplementary provisions about home-school agreements.
  177. 112 Extended work experience for Key Stage 4 pupils.
  178. 113 Provision of secondary education for Key Stage 4 pupils by FE institutions.
  179. 114 Nutritional standards for school lunches.
  180. 114A Requirements for food and drink provided on school premises etc
  181. 115 Extension of LEA functions concerning school lunches, etc.
  182. 116 Transfer of local authority functions concerning school lunches, etc. to governing bodies.
  183. 117 Definition of “nursery education”.
  184. 118 Duty of local authority as respects availability of nursery education.
  185. 118A Duties of local authority in respect of childcare
  186. 119 Early years development and childcare partnerships.
  187. 120 Early years development and childcare plans.
  188. 121 Approval, modification and review of statement of proposals.
  189. 122 Inspection of nursery education in Wales.
  190. 123 Children with special educational needs.
  191. 124 Travel arrangements for children receiving nursery education otherwise than at school.
  192. 124A Employment of teachers at independent schools having a religious character
  193. 124AA Staff at certain Academies with religious character
  194. 124B Designation of independent schools as having a religious character
  195. 125 Partnership arrangements to secure provision of certain further education in Wales.
  196. 126 Provisions relating to education provided under partnership arrangements.
  197. 127 Code of practice for securing effective relationships between local authorities and maintained schools in Wales.
  198. 128 Financial assistance to non-maintained schools.
  199. 129 Payment of school expenses; grant of scholarships, etc.
  200. 130 Transfer of assisted places.
  201. 131 Abolition of corporal punishment in schools etc.
  202. 132 Dissolution of Funding Agency for Schools.
  203. 133 Removal of power to establish Schools Funding Council for Wales.
  204. 134 Publication of inspection reports.
  205. 135 Miscellaneous amendments relating to school and nursery inspections.
  206. 136 Change of name of Education Assets Board.
  207. 137 Education Transfer Council: alteration of functions and provision for dissolution.
  208. 138 Orders and regulations.
  209. 138A Regulations made by Welsh Ministers under section 71(7A) or sections 89 to 90
  210. 139 Financial provisions.
  211. 140 Minor and consequential amendments and repeals.
  212. 141 Minor authorities.
  213. 142 General interpretation.
  214. 143 Index.
  215. 144 Transitional provisions etc.
  216. 145 Short title, commencement and extent.
  217. SCHEDULE 1 Provisions relating to an Education Action Forum
  218. SCHEDULE 2 Allocation of existing schools to new categories
  219. SCHEDULE 3 Funding of foundation, voluntary and foundation special schools
  220. SCHEDULE 5 Adjudicators
  221. SCHEDULE 8 Changes of category of school
  222. SCHEDULE 9 Constitution of governing bodies
  223. SCHEDULE 10 Incorporation and powers of governing bodies
  224. SCHEDULE 11 Membership and proceedings etc. of governing bodies
  225. SCHEDULE 12 Instruments of government
  226. SCHEDULE 13 Control of school premises by governing bodies
  227. SCHEDULE 14 Revision of local authority schemes
  228. SCHEDULE 15 Suspension of financial delegation
  229. Schedule 16
  230. SCHEDULE 17 Staffing of foundation, voluntary aided and foundation special schools
  231. SCHEDULE 18 Appeals against exclusion of pupils
  232. SCHEDULE 19 Required provision for religious education
  233. SCHEDULE 20 Collective worship
  234. SCHEDULE 21 Transfers of land on appointed day
  235. SCHEDULE 22 Disposals of land in case of certain schools and disposals on discontinuance
  236. SCHEDULE 24 Admission appeals
  237. SCHEDULE 25 Children to whom section 87 applies: appeals by governing bodies 12.10.01
  238. SCHEDULE 26 Inspection of nursery education in Wales
  239. SCHEDULE 27 Further provision about partnership arrangements in Wales
  240. SCHEDULE 28 Amendments relating to school and nursery inspections
  241. SCHEDULE 29 Amendments relating to functions of Education Transfer Council
  242. SCHEDULE 30 Minor and consequential amendments
  243. SCHEDULE 31 Repeals
  244. SCHEDULE 32 Transitional provisions and savings

Proposed changes to this act

No one has proposed a change to this act yet.

244 provisions

88 Admission authorities and admission arrangements.

(1) In this Chapter “the admission authority”— (a) in relation to a community or voluntary controlled school, means— (i) the local authority, or (ii) where with the governing body’s agreement the authority have delegated to them responsibility for determining the admission arrangements for the school, the governing body; ... (b) in relation to a foundation or voluntary aided school, means the governing body ; and (c) in relation to an Academy school, means the proprietor of the Academy school. (1A) Where the admission authority for a community or voluntary controlled school is the 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 this Chapter “admission arrangements”, in relation to a ... school, means the arrangements for the admission of pupils to the school, including the school’s admission policy.

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88A Prohibition on interviews

(1) No admission arrangements for a maintained school in England 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 in England 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).

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88B Admission arrangements relating to children looked after by local authority

(1) Regulations may require the admission authorities for maintained schools in England to include in their admission arrangements such provision relating to the admission of children who are looked after by a local authority in England as may be prescribed. (2) Regulations under subsection (1) may in particular include provision for securing that, subject to sections 86(3), 86B(2) and (4) and 87, such children are to be offered admission in preference to other children.

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88C Procedure for determining admission arrangements

(1) The admission authority for a maintained school in England must, before the beginning of each school year, determine in accordance with this section the admission arrangements which are to apply for that year. (2) The admission authority must, before determining the admission arrangements that are to apply for a year, carry out such consultation about the proposed arrangements as may be prescribed. (3) Regulations under subsection (2) may in particular make provision— (a) specifying persons who must be consulted, or who must be consulted about prescribed provisions of proposed arrangements; (b) specifying provisions of proposed arrangements about which any such consultation is to be carried out; (c) specifying matters to which any such consultation is, or is not, to relate; (d) as to the manner in which, and the time by which, any such consultation is to be carried out. (4) When the admission authority have determined the admission arrangements that are to apply for a year, they must notify the appropriate bodies of those admission arrangements. (5) Regulations may make provision— (a) as to the manner in which, and the time by which, any such notification is to be given; (b) specifying cases in which subsection (4) does not apply.

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88D Determination of admission numbers

(1) A determination under section 88C by the admission authority for a maintained school in England of the admission arrangements which are to apply for a school year must include a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year. (2) Such a determination under section 88C may also, if the school is one at which boarding accommodation is provided for pupils, include— (a) a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year as boarders, and (b) a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year otherwise than as boarders. (3) Regulations may make provision about the making of any determination required by subsection (1), and may in particular require the admission authority for a maintained school to have regard, in making any such determination, to— (a) any prescribed method of calculation, and (b) any other prescribed matter. (4) References in this section to the determination of any number include references to the determination of zero as that number.

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88E Variation of admission arrangements

(1) Subsection (2) applies where an admission authority— (a) have in accordance with section 88C determined the admission arrangements which are to apply for a particular school year, but (b) at any time before the end of that year consider that the arrangements should be varied in view of a major change in circumstances occurring since they were so determined. (2) The authority must— (a) refer their proposed variations to the adjudicator, and (b) notify the appropriate bodies of the proposed variations. (3) Subsection (2)(a) does not apply in a case where the authority's proposed variations fall within any description of variations prescribed for the purposes of this subsection. (4) Where the local authority are the admission authority for a community or voluntary controlled school, they must consult the governing body before making any reference under subsection (2)(a). (5) On a reference under subsection (2)(a), the adjudicator must consider whether the admission arrangements should have effect with the proposed variations until the end of the school year in question. (6) If the adjudicator determines— (a) that the arrangements should so have effect, or (b) that they should so have effect subject to such modification of those variations as the adjudicator may determine, the arrangements are to have effect accordingly as from the date of the adjudicator's determination. (7) Where the adjudicator makes a determination under subsection (6), the admission authority must notify the appropriate bodies of the variations subject to which the arrangements are to have effect. (8) Regulations may make provision— (a) as to the manner in which, and the time by which, any such notification is to be given; (b) specifying cases in which subsection (7) does not apply. (9) Regulations may make provision— (a) specifying matters which are, or are not, to constitute major changes in circumstances for the purposes of subsection (1)(b); (b) authorising an admission authority, where they have in accordance with section 88C determined the admission arrangements which are to apply for a particular school year, to vary those arrangements to such extent or in such circumstances as may be prescribed; (c) for the application of any of the requirements of, or imposed under, subsections (2) to (8) to variations proposed to be made by virtue of paragraph (b), or to any prescribed description of such variations, as if they were variations proposed to be made under subsection (1).

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88F Sections 88C to 88E: supplementary

(1) Regulations may make provision— (a) requiring an admission authority who have made a determination of a prescribed description under section 88C to publish such information relating to the determination (including information as to the authority's reasons for making the determination) as may be prescribed; (b) as to such other matters connected with the procedure for determining or varying admission arrangements under sections 88C to 88E as the Secretary of State considers appropriate. (2) The power under paragraph (a) of subsection (1) to require an admission authority to publish information includes power to require them to publish it— (a) by giving a notice containing the information to prescribed persons, or (b) in any other prescribed manner. (3) In sections 88C and 88E, the “appropriate bodies”, in relation to an admission authority, means— (a) whichever of the governing body and the local authority are not the admission authority, (b) the admission authorities for all other maintained schools in the relevant area or for such class of schools as may be prescribed; (c) the governing bodies for all community and voluntary controlled schools in the relevant area (so far as not falling within paragraph (a) or (b)), (d) the admission authorities for maintained schools in England of any prescribed description, (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, (f) ... and (g) such other persons as may be prescribed. (4) In subsection (3), “the relevant area” means— (a) the area of the local authority in which the school in question is situated, or (b) if regulations so provide, such other area in England (whether more or less extensive than the area of the local authority) as may be determined by or in accordance with the regulations.

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88G Power to restrict alteration of admission arrangements following establishment or expansion

(1) Subsection (2) applies in relation to a maintained school in England where— (a) proposals for the establishment of, or the making of a prescribed alteration to, the school have been published under Part 2 of the Education and Inspections Act 2006 or under section 113A of, or Schedule 7 to, the Learning and Skills Act 2000, (b) in the case of proposals for the making of a prescribed alteration to the school, the proposals are for an increase in the number of pupils that may be admitted to the school or for an enlargement of the premises, (c) the proposals fall to be implemented (with or without modifications), and (d) prescribed conditions are satisfied. (2) Regulations may provide that, where this subsection applies in relation to a maintained school— (a) the admission arrangements for the initial period and each of a prescribed number of school years following that period are to be the arrangements which fall to be implemented in accordance with the proposals (or in accordance with the proposals as modified), and (b) those arrangements may not be varied by the admission authority for the school except— (i) to comply with any duty imposed on them by regulations under section 88B, or (ii) in accordance with regulations under subsection (5). (3) Regulations under subsection (2) may exclude or modify any provision of section 88C, 88E or 88F in its application to cases to which the regulations apply. (4) Regulations under subsection (2) may provide that in cases to which the regulations apply the admission arrangements which fall to be implemented in accordance with the proposals (or in accordance with the proposals as modified) are to be treated for the purposes of section 86(5) to (5B) as having been determined by the admission authority under section 88C. (5) Regulations may prescribe circumstances in which an admission authority may refer to the adjudicator proposals to vary admission arrangements in cases to which regulations under subsection (2) apply. (6) Regulations may make provision as to the determination by the adjudicator of any reference made by virtue of subsection (5). (7) In this section— “initial period” means— in relation to a maintained school which is being established, the period beginning with the day on which the school opens and ending with the beginning of the first school term to begin after the following July; in relation to a maintained school which is increasing the number of pupils that may be admitted to the school or enlarging its premises, the period beginning with the first day on which additional pupils may be admitted or (as the case may be) the enlarged premises are in use and ending with the beginning of the first school term to begin after the following July; “prescribed alteration” means an alteration prescribed for the purposes of section 18 of the Education and Inspections Act 2006.

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88H Reference of objections to adjudicator

(1) This section applies where admission arrangements have been determined by an admission authority for a maintained school in England under section 88C. (1A) This section also applies where admission arrangements for an Academy school have been determined by the proprietor of an Academy school under Academy arrangements. (2) Where— (a) a body or person wishes to make an objection about the admission arrangements, and (b) the objection does not fall within any description of objections prescribed for the purposes of this paragraph, that body or person may refer the objection to the adjudicator. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) On a reference under subsection (2) ... the adjudicator must decide whether, and (if so) to what extent, the objection should be upheld. (5) Regulations may make provision— (a) as to any conditions which must be satisfied before— (i) an objection can be referred to the adjudicator under subsection (2) ..., or (ii) the adjudicator is required to determine an objection referred to him under subsection (2); (b) as to circumstances in which the adjudicator is not required to determine an objection under subsection (4); (c) prescribing the steps which may be taken by an admission authority where an objection has been referred to the adjudicator under subsection (2) ... but has not yet been determined. (d) prohibiting or restricting the reference under subsection (2) ..., within such period following a decision by the adjudicator 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. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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88I Other functions of adjudicator relating to admission arrangements

(1) This section applies where admission arrangements have been determined — (a) by an admission authority for a maintained school in England under section 88C , or (b) by an admission authority for an Academy school. (2) Where it appears to the Secretary of State that the admission arrangements do not, or may not, conform with the requirements relating to admission arrangements, the Secretary of State may refer the admission arrangements to the adjudicator. (3) Subsection (4) applies where— (a) the Secretary of State refers the admission arrangements to the adjudicator under subsection (2), ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The adjudicator must— (a) consider the admission arrangements, and (b) decide whether they conform with those requirements and, if not, in what respect they do not. (5) Where it appears to the adjudicator that the admission arrangements do not, or may not, conform with the requirements relating to admission arrangements (and subsection (4) does not apply)— (a) the adjudicator may consider the admission arrangements, and (b) if the adjudicator considers the arrangements under paragraph (a), the adjudicator must decide whether they conform with those requirements and, if not, in what respect they do not. (6) Regulations may make provision prescribing the steps which may be taken by an admission authority where the adjudicator— (a) is considering the authority's admission arrangements under subsection (4)(a) or (5)(a), but (b) has not yet made a decision in the case under subsection (4)(b) or (5)(b) (as the case may be).

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88IA Changes to admission numbers

(1) This section applies where— (a) an objection about the admission arrangements for a school is referred to the adjudicator under section 88H(2), (b) the objection relates wholly or partly to an admission number specified in the arrangements, and (c) the adjudicator decides to uphold any aspect of the objection that relates to that number. (2) This section also applies where— (a) the Secretary of State refers the admission arrangements for a school to the adjudicator under section 88I(2), (b) the Secretary of State does so wholly or partly on the basis that an admission number specified in the arrangements does not, or may not, conform with the requirements relating to admission arrangements, and (c) the adjudicator decides that the admission number does not conform with those requirements. (3) The adjudicator may, as part of the decision, determine the revised admission number that is to be specified in the admission arrangements. (4) The adjudicator may, as part of the decision, also determine the corresponding admission number that is to be specified in the school’s admission arrangements for the school year following the one to which the objection or reference relates. (5) In making a determination under subsection (3) or (4), the adjudicator must take into account the potential impact of the determination on— (a) the quality of education provided at— (i) the school in question, and (ii) other schools within the relevant area, and (b) the ability to give effect to parental preference for— (i) the school in question, and (ii) other schools within the relevant area. (6) Before determining an admission number under subsection (3) or (4) that is lower than the admission number specified in the admission arrangements to which the objection or reference relates, the adjudicator must consult and have regard to the views of the following persons about alternatives to lowering the admission number— (a) the local authority for each school within the relevant area, (b) the admission authority for the school in question, if different from the local authority for the school, and (c) the Secretary of State. (7) An admission number determined under subsection (3) or (4) and specified in admission arrangements is subject to variation under or by virtue of section 88E. (8) Regulations may make provision— (a) specifying persons whom the adjudicator must consult before making a determination under subsection (3) or (4); (b) specifying further matters which the adjudicator must, or must not, take into account in making a determination under subsection (3) or (4); (c) preventing the adjudicator from making such a determination if it would have an effect specified in the regulations. (9) In this section— “admission number”, in relation to a school, means the number of pupils in a relevant age group that it is intended to admit to the school in a school year; “relevant area”, in relation to a school, has the same meaning as in section 88F (see subsection (4) of that section). (10) In relation to a school at which boarding accommodation is provided for pupils, references in this section to an admission number include— (a) the number of pupils in a relevant age group that it is intended to admit to the school in a school year as boarders, and (b) the number of pupils in a relevant age group that it is intended to admit to the school in a school year otherwise than as boarders.

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88J Changes to admission arrangements

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88K Sections 88H and 88I , 88I and 88IA : supplementary

(1) Subsection (2) applies to any decision of the adjudicator— (a) under section 88H(4) on whether to uphold an objection to admission arrangements, or (b) under section 88I(4)(b) or (5)(b) on whether admission arrangements conform with the requirements relating to admission arrangements, ... (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Any decision of the adjudicator to which this subsection applies is binding on— (a) the admission authority in question, and (b) any other person or body. (3) Where the adjudicator makes a decision mentioned in subsection (1), the adjudicator must publish a report containing— (a) the adjudicator's decision on the objection or (as the case may be) on whether the admission arrangements conform with the requirements relating to admission arrangements, and (b) the reasons for that decision. (4) Regulations may make provision— (a) requiring an admission authority for a maintained school in England or an Academy school to provide information which— (i) falls within a prescribed description, and (ii) is requested by the adjudicator for the purposes of the exercise by the adjudicator of functions under sections 88H , 88I or this section or of enabling the adjudicator to decide whether to exercise the power conferred by section 88I(5); (b) as to the manner in which a report required to be published under subsection (3) is to be published; (c) requiring such matters to be notified to such persons, and in such manner, as may be prescribed; (d) prescribing circumstances in which an admission authority may revise the admission arrangements for their school in the light of any decision by the adjudicator relating to the admission arrangements for another school, and the procedure to be followed in such a case. (5) In section 88I sections 88I and 88IA and this section “the requirements relating to admission arrangements” means— (a) in relation to a maintained school, the requirements imposed by or under this Part as to the content of admission arrangements for maintained schools in England, and (b) in relation to an Academy school, the requirements imposed by or under Academy arrangements as to the content of its admission arrangements.

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88L Restriction on alteration of admission arrangements following adjudicator's decision

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88M Co-ordination of admission arrangements

(1) Regulations may require a local authority in England— (a) to formulate, for any academic year in relation to which prescribed conditions are satisfied, a qualifying scheme for co-ordinating the arrangements for the admission of pupils to maintained schools in their area, and (b) to take prescribed action with a view to securing the adoption of the scheme by themselves and each governing body who are the admission authority for a maintained school in their area. (2) Subject to subsection (3), the Secretary of State may make, in relation to the area of a local authority in England and an academic year, a scheme for co-ordinating the arrangements, or assisting in the co-ordination of the arrangements, for the admission of pupils to maintained schools in that area. (3) A scheme may not be made under subsection (2) in relation to a local authority and an academic year if, before the prescribed date in the year preceding the year in which that academic year commences— (a) a scheme formulated by the local authority in accordance with subsection (1) is adopted in the prescribed manner by the persons mentioned in paragraph (b) of that subsection, and (b) the authority provide the Secretary of State with a copy of the scheme and inform the Secretary of State that the scheme has been so adopted. (4) Regulations may provide— (a) that each local authority in England must secure that, subject to such exceptions as may be prescribed, no decision made by any admission authority for a maintained school in their area to offer or refuse a child admission to the school is to be communicated to the parent of the child except on a single day, designated by the local authority, in each year, or (b) that, subject to such exceptions as may be prescribed, a decision made by the admission authority for a maintained school in England to offer or refuse a child admission to the school is not to be communicated to the parent of the child except on a prescribed day. (5) In this section “academic year” means a period commencing with 1st August and ending with the next 31st July; “qualifying scheme” means a scheme that meets prescribed requirements. (6) Nothing in this section applies in relation to arrangements for the admission to maintained schools of pupils— (a) who— (i) have ceased to be of compulsory school age, or (ii) will have ceased to be of compulsory school age before education is provided for them at the school, or (b) for the purpose of receiving sixth form education.

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88N Further provision about schemes adopted or made by virtue of section 88M

(1) Regulations may make provision about the contents of schemes under section 88M(2), including provision about the duties that may be imposed by such schemes on— (a) local authorities in England, and (b) the admission authorities for maintained schools in England. (2) Regulations may provide that where a local authority in England or the governing body of a maintained school in England have, in such manner as may be prescribed, adopted a scheme formulated by a local authority for the purpose mentioned in section 88M(1)(a), sections 496 and 497 of the Education Act 1996 are to apply as if any obligations imposed on the local authority or governing body under the scheme were duties imposed on them by that Act. (3) Regulations may provide that where any decision as to whether a child is to be granted or refused admission to a maintained school in England falls to be made in prescribed circumstances, the decision must, if a scheme adopted or made by virtue of section 88M so provides, be made by the local authority regardless of whether they are the admission authority for the school. (4) 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 local authority although they are not the admission authority, the governing body of the school must implement the decision. (5) Before proposing a scheme for adoption under section 88M(1) a local authority must comply with such requirements as to consultation as may be prescribed. (6) Regulations under subsection (5) may in particular require consultations to be undertaken with a view to securing that the arrangements for the admission of pupils to maintained schools in the areas of different local authorities are, so far as is reasonably practicable, compatible with each other. (7) Before making a scheme under section 88M(2) in relation to the area of any local authority, the Secretary of State must consult— (a) the local authority, and (b) any governing body who are the admission authority for a school which appears to the Secretary of State to be a school to which the scheme will apply. (8) A scheme made under section 88M(2) may be varied or revoked by the Secretary of State.

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88O Sharing of information by local authorities

The Secretary of State may by regulations require local authorities in England to provide other local authorities with such information as may be required by them in connection with the exercise of any of their functions under this Chapter.

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88P Reports by local authorities to adjudicator

(1) A local authority in England must make such reports to the adjudicator about such matters connected with relevant school admissions as may be required by the code for school admissions. (2) In subsection (1) “relevant school admissions”, in relation to a local authority, means— (a) the admission of pupils to relevant schools in the authority's area; (b) the admission of pupils in the authority's area to other relevant schools; (c) the entry to the sixth form of pupils who have been admitted to relevant schools in the authority's area; and (d) the entry to the sixth form of pupils in the authority's area who have been admitted to other relevant schools. (3) In this section, “relevant school” means— (a) a maintained school, (b) an Academy school, (c) a city technology college, or (d) a city college for the technology of the arts. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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88Q Reports under section 88P: provision of information

(1) A relevant person must, on request, provide a local authority in England with such information as the authority may reasonably require for the purpose of enabling the authority to fulfil their duties under section 88P. (2) In subsection (1), “relevant person”, in relation to a local authority, means— (a) an admission authority (other than the local authority) for a maintained school in the area of the local authority; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) any member of an appeal panel constituted under section 94 by— (i) the local authority, or (ii) the governing body of a foundation or voluntary aided school in the area of the local authority; (d) the proprietor of— (i) an Academy school, (ii) a city technology college, or (iii) a city college for the technology of the arts, in the area of the local authority; (e) any other local authority in England; (f) such other person as may be prescribed.

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88R Prohibition on interviews

(1) No admission arrangements for a maintained school in Wales 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 in Wales 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).

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89 Procedure for determining admission arrangements.

(1) The admission authority for a maintained school in Wales shall, before the beginning of each school year, determine in accordance with this section the admission arrangements which are to apply for that year. (1ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Before determining the admission arrangements which are to apply for a particular school year, the admission authority shall consult the following about the proposed arrangements, namely— (a) whichever of the governing body and the local authority are not the admission authority, (b) the admission authorities for all other maintained schools in the relevant area or for such class of such schools as may be prescribed, (c) the governing bodies for all community and voluntary controlled schools in the relevant area (so far as not falling within paragraph (a) or (b)), ... (d) the admission authorities for maintained schools of any prescribed description; 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. (2A) Subsection (2) does not apply in relation to the proposed admission arrangements for a particular school year if— (a) the admission authority are the school’s governing body, and (b) prescribed conditions are satisfied in relation to that year. (3) In subsection (2) “the relevant area” means— (a) the area of the local authority; or (b) if regulations so provide, such other area (whether more or less extensive than the area of the local authority) as may be determined by or in accordance with the regulations. (4) Once the admission authority have carried out any such consultation, the authority shall— (a) determine that their proposed arrangements (either in their original form or with such modifications as the authority think fit) shall be the admission arrangements for the school year in question; and (b) (except in such cases as may be prescribed) notify the appropriate bodies of those admission arrangements. (5) Where an admission authority— (a) have in accordance with subsection (4) determined the admission arrangements which are to apply for a particular school year, but (b) at any time before the end of that year consider that the arrangements should be varied in view of a major change in circumstances occurring since they were so determined, the authority shall (except in a case where their proposed variations fall within any description of variations prescribed for the purposes of this subsection) refer the proposed variations to the Welsh Ministers, and shall (in every case) notify the appropriate bodies of the proposed variations. (6) The Welsh Ministers shall consider whether the arrangements should have effect with those variations until the end of that year; and if they determine that the arrangements should so have effect or that they should so have effect subject to such modification of those variations as they may determine— (a) the arrangements shall have effect accordingly as from the date of their determination; and (b) the admission authority shall (except in such cases as may be prescribed) notify the appropriate bodies of the variations subject to which the arrangements are to have effect. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) Regulations may make provision— (a) specifying matters to which any consultation required by subsection (2) is, or is not, to relate; (b) as to the manner in which, and the time by which, any such consultation is to be carried out; (c) as to the manner in which, and the time by which, any notification required by this section is to be given; (d) specifying matters which are, or are not, to constitute major changes in circumstances for the purposes of subsection (5)(b); (e) authorising an admission authority, where they have in accordance with subsection (4) determined the admission arrangements which are to apply for a particular school year, to vary those arrangements to such extent or in such circumstances as may be prescribed; (f) for the application of any of the requirements of subsections (5) and (6) to variations proposed to be made by virtue of paragraph (e), or to any prescribed description of such variations, as if they were variations proposed to be made under subsection (5); (fa) requiring an admission authority who have made a determination of a prescribed description under this section to publish such information relating to the determination (including information as to the authority’s reasons for making the determination) as may be prescribed; (g) as to such other matters connected with the procedure for determining or varying admission arrangements under this section as the Welsh Ministers consider appropriate. (8A) The power under paragraph (fa) of subsection (8) to require an admission authority to publish information includes power to require them to publish it— (a) by giving a notice containing the information to prescribed persons, or (b) in any other prescribed manner. (9) Where the local authority are the admission authority for a community or voluntary controlled school, they shall consult the governing body before making any reference under subsection (5). (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, ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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89A Determination of admission numbers

(1) A determination under section 89 by the admission authority for a maintained school in Wales of the admission arrangements which are to apply for a school year shall include a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year. (2) Such a determination under section 89 may also, if the school is one at which boarding accommodation is provided for pupils, include— (a) a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year as boarders, and (b) a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year otherwise than as boarders. (3) Regulations may make provision about the making of any determination required by subsection (1), and may in particular require the admission authority for a maintained school in Wales to have regard, in making any such determination, to— (a) any prescribed method of calculation, and (b) any other prescribed matter. (4) References in this section to the determination of any number include references to the determination of zero as that number.

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89B Co-ordination of admission arrangements

(1) Regulations may require a local authority in Wales— (a) to formulate, for any academic year in relation to which prescribed conditions are satisfied, a qualifying scheme for co-ordinating the arrangements for the admission of pupils to maintained schools in their area, and (b) to take prescribed action with a view to securing the adoption of the scheme by themselves and each governing body who are the admission authority for a maintained school in their area. (2) Subject to subsection (3), the Welsh Ministers may make, in relation to the area of a local authority in Wales and an academic year, a scheme for co-ordinating the arrangements, or assisting in the co-ordination of the arrangements, for the admission of pupils to maintained schools in that area. (3) A scheme may not be made under subsection (2) in relation to a local authority and an academic year if, before the prescribed date in the year preceding the year in which that academic year commences— (a) a scheme formulated by the local authority in accordance with subsection (1) is adopted in the prescribed manner by the persons mentioned in paragraph (b) of that subsection, and (b) the authority provide the Welsh Ministers with a copy of the scheme and inform them that the scheme has been so adopted. (4) The Welsh Ministers may by regulations require local authorities in Wales to provide other local authorities with such information as may be required by such other authorities in connection with the exercise of any of their functions under this Chapter. (5) Regulations may provide— (a) that each local authority in Wales shall secure that, subject to such exceptions as may be prescribed, no decision made by any admission authority for a maintained school in their area to offer or refuse a child admission to the school shall be communicated to the parent of the child except on a single day, designated by the local authority, in each year, or (b) that, subject to such exceptions as may be prescribed, a decision made by the admission authority for a maintained school in Wales to offer or refuse a child admission to the school shall not be communicated to the parent of the child except on a prescribed day. (6) In this section— “academic year” means a period commencing with 1st August and ending with the next 31st July; “qualifying scheme” means a scheme that meets prescribed requirements. (7) Nothing in this section applies in relation to arrangements for the admission to maintained schools in Wales of pupils— (a) who— (i) have ceased to be of compulsory school age, or (ii) will have ceased to be of compulsory school age before education is provided for them at the school, or (b) for the purpose of receiving sixth form education.

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89C Further provision about schemes adopted or made by virtue of section 89B

(1) Regulations may make provision about the contents of schemes under section 89B(2), including provision about the duties that may be imposed by such schemes on— (a) local authorities in Wales, and (b) the admission authorities for maintained schools in Wales. (2) Regulations may provide that where a local authority in Wales or the governing body of a maintained school in Wales have, in such manner as may be prescribed, adopted a scheme formulated by a local authority for the purpose mentioned in section 89B(1)(a)— (a) Chapter 1 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (“the 2013 Act”) (intervention in conduct of maintained schools) is to apply as if any obligations imposed on a governing body under the scheme were duties imposed by the Education Acts. (b) Chapter 2 of Part 2 of the 2013 Act (intervention in local authorities) is to apply as if any obligation imposed on a local authority were an education function. (3) Regulations may provide that where any decision as to whether a child is to be granted or refused admission to a maintained school in Wales falls to be made in prescribed circumstances, the decision shall, if a scheme adopted or made by virtue of section 89B so provides, be made by the local authority regardless of whether they are the admission authority for the school. (3A) Where any decision as to whether a child is to be granted or refused admission to a maintained school in Wales is (by virtue of regulations under subsection (3)) made by the local authority although they are not the admission authority, the governing body of the school must implement the decision. (4) Before proposing a scheme for adoption under section 89B(1) a local authority shall comply with such requirements as to consultation as may be prescribed. (5) Regulations under subsection (4) may in particular require consultations to be undertaken with a view to securing that the arrangements for the admission of pupils to maintained schools in the areas of different local authorities are, so far as is reasonably practicable, compatible with each other. (6) Before making a scheme under section 89B(2) in relation to the area of any local authority, the Welsh Ministers shall consult— (a) the local authority, and (b) any governing body who are the admission authority for a school which appears to the Secretary of State to be a school to which the scheme will apply. (7) A scheme made under section 89B(2) may be varied or revoked by the Welsh Ministers.

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89D Power to restrict alteration of admission arrangements following establishment or expansion

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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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90ZA Regulations by Welsh Ministers under sections 89 to 90

In sections 89 to 90— “prescribed” means prescribed by regulations made by the Welsh Ministers; “regulations” means regulations made by the Welsh Ministers.

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90A Restriction on alteration of admission arrangements following adjudicator's decision

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91 Special arrangements to preserve religious character of foundation or voluntary aided school.

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92 Publication of information about admissions.

Regulations may— (a) require the publication by a local authority of such information relating to admissions as may be prescribed, (b) require the publication by the governing body of a foundation or voluntary aided school of such information relating to admissions as may be prescribed, (c) require or allow the publication by the governing body of any school maintained by a local authority, or by the local authority on behalf of the governing body, of such information relating to the school as may be prescribed, and (d) make provision as to the time by which, and the manner in which, information required to be published by virtue of this section is to be published.

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93 Fixing admission numbers.

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94 Appeal arrangements: general.

(1) A local authority shall make arrangements for enabling the appropriate person to appeal against— (za) in a case where the local authority are the admissions authority, any decision made by or on behalf of the authority refusing a child admission to a school, (a) any other decision made by or on behalf of the authority as to the school at which education is to be provided for a child in the exercise of the authority’s functions, other than a decision leading to or embodied in a direction under section 96 or 97A (directions for admission), and (b) in a case where the governing body of a community or voluntary controlled school maintained by the authority are the admission authority, any decision made by or on behalf of the governing body refusing a child admission to the school. (1A) A local authority shall make arrangements for enabling the appropriate person in relation to a child who has been admitted to a community or voluntary controlled school maintained by the authority to appeal against any decision made by or on behalf of the governing body refusing permission for the child to enter the school’s sixth form. (2) The governing body of a foundation or voluntary aided school shall make arrangements for enabling the appropriate person to appeal against any decision made by or on behalf of the governing body refusing a child admission to the school. (2A) The governing body of a foundation or voluntary aided school shall make arrangements for enabling the appropriate person in relation to a child who has been admitted to the school to appeal against any decision made by or on behalf of the governing body refusing permission for the child to enter the school’s sixth form. (2B) In this section, “the appropriate person”, in relation to a child, means— (a) in the case of a decision about sixth form education for the child any of the following— (i) the child; (ii) a parent of his; (iii) the child and a parent of his, acting jointly; (but subject to regulations made under subsection (5A)); (b) in any other case, a parent of the child. (3) Joint arrangements may be made under subsection (2) or (2A) by the governing bodies of two or more foundation or voluntary aided schools maintained by the same local authority. (4) A local authority and the governing body or bodies of one or more foundation or voluntary aided schools maintained by the authority may make joint arrangements consisting of— (a) such of the arrangements made by the authority in pursuance of subsection (1) or (1A) as the authority may determine; and (b) arrangements made by the governing body or bodies in pursuance of subsection (2) or (2A). (5) An appeal pursuant to any arrangements made under this section shall be to an appeal panel constituted in accordance with regulations. (5A) Regulations may make provision about the making of appeals pursuant to such arrangements, including provision— (a) as to the procedure on such appeals, (aa) in cases where separate appeals are made by a parent and a child against a decision about sixth form education for the child, for the appeals to be joined, or otherwise for securing that no more than one appeal against the decision is proceeded with; (b) for the payment by the local authority of allowances to members of an appeal panel, and (c) as to the grounds on which an appeal panel may, in the case of an appeal to which subsection (5B) applies, determine that a place is to be offered to the child concerned. (5B) This subsection applies to any appeal against a decision made on the ground that prejudice of the kind referred to in section 86(3)(a) would arise as mentioned in subsection (4) of that section. (5C) Regulations made by virtue of subsection (5A)(b) 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. (6) The decision of an appeal panel on an appeal pursuant to arrangements under this section shall be binding on— (a) the local authority or the governing body by whom or on whose behalf the decision under appeal was made, and (b) in the case of a decision made by or on behalf of a local authority, the governing body of a community or voluntary controlled school at which the appeal panel determines that a place should be offered to the child in question. (6A) In this section, any reference to a decision about sixth form education for a child is a reference to a decision— (a) made in relation to a preference expressed in accordance with arrangements made under section 86A(1) as to where education should be provided for the child, or (b) refusing permission for the child to enter the sixth form of the school to which he has been admitted. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(1) This section applies where— (a) the admission authority for a community or voluntary controlled school in England is a local authority, (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 admission 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.

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96 Direction to admit child to specified school.

(1) The local authority may give a direction under this section to the governing body of a school for which they are not the admission authority if, in the case of any child in their area, either (or both) of the following conditions is satisfied in relation to each school which is a reasonable distance from his home and provides suitable education, that is— (a) he has been refused admission to the school, or (b) he is permanently excluded from the school. (2) A direction under this section shall specify a school— (a) which is a reasonable distance from the child’s home, and (b) from which the child is not permanently excluded. (3) A direction under this section shall, unless it is given on the determination of the appropriate authority (within the meaning of section 97) under section 97(4), specify a school in the area referred to in subsection (1). (3A) A direction under this section to admit a child shall not specify a school which has in place admission arrangements that make provision for selection by ability falling within section 99(2)(c) unless the child satisfies the selection criteria. (4) A direction under this section to admit a child shall not specify a school if his admission would result in prejudice of the kind referred to in section 86(3)(a) by reason of measures required to be taken as mentioned in subsection (4) of that section. (5) Where a school is specified in a direction under this section, the governing body shall admit the child to the school. (6) Subsection (5) does not affect any power to exclude from a school a pupil who is already a registered pupil there. (7) In this section “suitable education”, in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and (in the case of a local authority in England) to any special educational needs or (in the case of a local authority in Wales) to any additional learning needs he may have. (8) In this section and sections 97 to 97C “school” means a maintained school.

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97 Procedure for giving direction under section 96.

(1) Before deciding to give a direction under section 96, the local authority shall consult— (za) the child, in a case within subsection (1A); (a) the parent of the child, and (b) the governing body of the school they propose to specify in the direction. (1A) A case is within this subsection if— (a) the local authority are a local authority in England, and (b) the child is over compulsory school age. (2) Where the local authority decide to give such a direction specifying any school— (a) they shall, before doing so, serve a notice in writing of their decision on the governing body and head teacher of the school, and (b) they shall not give the direction until the period for referring the matter to the appropriate authority under subsection (3) has expired and, if it is so referred, the appropriate authority has made its determination. (3) The governing body may, within the period of 15 days beginning with the day on which the notice was served, refer the matter to the appropriate authority and, if they do so, shall inform the local authority. (4) On a reference under subsection (3) the appropriate authority may determine which school is to be required to admit the child, and if it does so— (a) where 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 appropriate authority's determination, and (b) in any other case, that school shall be specified in the direction. (5) The appropriate authority shall not make a determination under subsection (4) in relation to a school if the child’s admission to the school would result in prejudice of the kind referred to in section 86(3)(a) by reason of measures required to be taken as mentioned in subsection (4) of that section. (6) A direction under section 96 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 theschool. (6A) In this section, “the appropriate authority” means— (a) in relation to a local authority in England, the adjudicator, and (b) in relation to a local authority in Wales, the Assembly.

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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.

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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 local authority who are not the authority proposing to give the direction and are not the admission authority, the 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.

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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.

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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.

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