Legalize / United Kingdom / Public General Act

School Standards and Framework Act 1998

Type Public General Act

Publication 1998-07-24

Last updated 2026-04-21

State In force

Department Statute Law Database

Source legislation.gov.uk

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(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.

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

88N

(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.

88O

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.

Reports by local authorities to adjudicator

88P

(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;

(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,

(d) a city college for the technology of the arts.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reports under section 88P: provision of information

88Q

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Admission arrangements: Wales

Prohibition on interviews

88R

(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).

Procedure for determining admission arrangements.

89

(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;

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination of admission numbers

89A

(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.

Co-ordination of admission arrangements

89B

(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.

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

89C

(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.

Power to restrict alteration of admission arrangements following establishment or expansion

89D

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Reference of objections to Welsh Ministers.

90

(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

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

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,

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations by Welsh Ministers under sections 89 to 90

90ZA

In sections 89 to 90—

“prescribed” means prescribed by regulations made by the Welsh Ministers;

“regulations” means regulations made by the Welsh Ministers.

Restriction on alteration of admission arrangements following adjudicator's decision

90A

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

91

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Publication of information about admissions: England and Wales

Publication of information about admissions.

92

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.

Admission numbers

Fixing admission numbers.

93

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Admission appeals

Appeal arrangements: general.

94

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals relating to children to whom section 87 applies.

95

(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,

(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.

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

95A

(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.

Power to direct admission of child to school

Direction to admit child to specified school.

96

(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.

Procedure for giving direction under section 96.

97

(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.

Direction to admit looked after child to specified school

97A

(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.

Procedure for giving direction under section 97A

97B

(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.

Determinations under section 97 or 97B: supplemental

97C

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.

Looked after children in Wales

Power of Assembly to make regulations about admission of looked after children

97D

(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.

Nursery and special schools, etc: children with statements

Admission for nursery education or to nursery or special school: children with statements of special educational needs or EHC plans.

98

(1) Children admitted to a school for nursery education and subsequently transferred to a reception class at the school shall be regarded for the purposes of this Chapter as admitted to the school (otherwise than for nursery education) on being so transferred.

(2) The admission of children to a school for nursery education shall be disregarded—

(a) for the purposes of any determination under section 88C or 89 of the number of pupils in any relevant age group that it is intended to admit to a primary school in a school year, and

(b) in determining for the purposes of section 88D or 89A what is a relevant age group in relation to a primary school.

(3) Subject to subsection (4), nothing in this Chapter apart from subsections (4A) and (4B) applies in relation to—

(a) nursery schools, or

(b) children who will be under compulsory school age at the time of their proposed admission.

(4) Where the arrangements for the admission of pupils to a maintained school provide for the admission to the school of children who will be under compulsory school age at the time of their proposed admission, this Chapter shall apply in relation to the admission of such pupils to the school otherwise than for nursery education.

(4A) The person responsible for admitting, or refusing to admit, children to a maintained school for nursery education shall be the person who (by virtue of section 88(1)) is the admission authority for the school.

(4B) Regulations may make provision as to the person who is to be responsible for admitting, or refusing to admit, children to maintained nursery schools.

(5) Regulations may make provision in connection with the arrangements for the admission of pupils to community or foundation special schools, and for the allocation between the local authority and the governing body of such a school of functions in connection with such arrangements.

(6) Apart from section 92(c) and (d) and subsection (5) above, nothing in this Chapter applies in relation to special schools.

(7) Subject to subsections (8) and (9), nothing in this Chapter applies in relation to children for whom EHC plans are maintained under section 37 of the Children and Families Act 2014 or individual development plans are maintained under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 in respect of which section 48 of that Act applies (duty to admit children to maintained schools).

(8) Any provision made by, or (as the case may be) by virtue of, section 84 or 92(c) and (d) or this section, apart from subsections (4A) and (4B), applies, or (as the case may be) may be made so as to apply, in relation to such children.

(9) Such children shall, in addition, be taken into account for the purposes of—

(a) the references in section 86(5), (5B) and (9) to a number of pupils, and

(b) any determination under section 88C or 89 of the number of pupils in a relevant age group that it is intended to admit, or to admit either as boarders or otherwise than as boarders, to a school in a school year.

(10) In subsection (8) the reference to any provision made by this section includes a reference to subsection (4) only so far as it has effect for the purposes mentioned in subsection (9).

Meaning of “sixth form education” etc

98A

(1) In this Chapter, “sixth form education” means secondary education suitable to the requirements of pupils who are over compulsory school age.

(2) References in this Chapter, in relation to a child who has been admitted to a school, to his entering the school's sixth form are to his being transferred to a class at the school in which sixth form education is provided from a class in which such education is not so provided.

Chapter II — Selection of pupils

Partial selection

General restriction on selection by ability or aptitude.

99

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The following are for the purposes of section 39(1) of the Education and Inspections Act 2006 permitted forms of selection by ability—

(a) any selection by ability authorised by section 100 (pre-existing arrangements);

(b) any selection by ability authorised by section 101 (pupil banding); and

(c) any selection by ability conducted in connection with the admission of pupils to the school for secondary education suitable to the requirements of pupils who are over compulsory school age.

(3) No admission arrangements for a maintained school may make provision for selection by aptitude unless they make provision for a permitted form of such selection.

(4) The following are permitted forms of selection by aptitude—

(a) any selection by aptitude authorised by section 100 (pre-existing arrangements); and

(b) any selection by aptitude authorised by section 102 (aptitude for particular subjects).

(5) For the purposes of this Chapter—

(a) a school’s admission arrangements make provision for selection by ability or by aptitude if they make provision for all or any of the pupils who are to be admitted to the school in any relevant age group to be so admitted by reference to ability or to aptitude (as the case may be);

(b) “ability” means either general ability or ability in any particular subject or subjects;

(d) “maintained school” means a community, foundation or voluntary school.

Permitted selection: pre-existing arrangements.

100

(1) Where at the beginning of the 1997-98 school year the admission arrangements for a maintained school made provision for selection by ability or by aptitude (and they have at all times since that date continued to do so), the admission arrangements for the school may continue to make such provision so long as—

(a) the proportion of selective admissions in any relevant age group does not exceed the permitted proportion (as defined by subsection (1A)), and

(b) there is no significant change in the basis of selection.

(1A) In subsection (1)(a), “the permitted proportion”, in relation to any relevant age group, means the lowest proportion of selective admissions provided for by the school's admission arrangements at any time since the beginning of the 1997-1998 school year.

(2) In relation to any time before the appointed day, the reference in subsection (1) to a maintained school is a reference to the school as a county, voluntary or grant-maintained school within the meaning of the Education Act 1996.

(3) In this section “the proportion of selective admissions”, in relation to a relevant age group, means the proportion of the total number of pupils admitted to the school in that age group (determined in the prescribed manner) which is represented by the number of pupils so admitted by reference to ability or to aptitude (as the case may be).

(4) Nothing in this section applies to a school with selective admission arrangements (as defined by section 104(2)).

Permitted selection: pupil banding.

101

(1) Subject to subsections (2) and (2A), the admission arrangements for a maintained school in England or Wales may make provision for selection by ability to the extent that the arrangements are designed to secure—

(a) that in any year the pupils admitted to the school in any relevant age group are representative of all levels of ability among applicants for admission to the school in that age group, and

(b) that no level of ability is substantially over-represented or substantially under-represented.

(1A) Subject to subsections (2) and (2A), the admission authority for a maintained school in England may make provision for selection by ability to the extent that the arrangements are designed to secure—

(a) that in any year the pupils admitted to the school in any relevant age group are representative of all levels of ability among such one of the following groups as the admission arrangements may specify (“the reference group”)—

(i) children who are applicants for admission in that age group to any of two or more schools (including the school in question) in the area of the local authority,

(ii) children in that age group who live in the area of the local authority, or

(iii) children in that age group who live in England, and

(b) that no level of ability is substantially over-represented or substantially under-represented by comparison with its representation in the reference group.

(2) Subsection (1) or (1A) does not apply if the arrangements have the effect that, where an applicant for admission has been allocated to a particular range of ability by means of some process of selection by reference to ability, some further such process is required or authorised to be carried out in relation to him for the purpose of determining whether or not he is to be admitted to the school.

(2A) If the admission authority for a maintained school in England is the local authority, the authority may only introduce such provision for selection by ability as is mentioned in subsection (1) or (1A) with the consent of the governing body of the school.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In the case of a school in Wales, admission arrangements to which subsection (1) applies are not authorised by this section unless proposals for the school to have such arrangements have been published, and fallen to be implemented, under any enactment.

(5) Where the admission arrangements for a school make both such provision for selection by ability as is mentioned in subsection (1) or (1A) above and such provision for selection by aptitude as is mentioned in section 102(1), nothing in this section shall be taken to prevent those arrangements—

(a) from authorising or requiring a process of selection to be carried out at any stage for the purpose of establishing that an applicant for admission has a relevant aptitude; or

(b) from having the effect of giving priority to such an applicant with a relevant aptitude irrespective of his level of ability.

Permitted selection in maintained schools in England: aptitude for particular subjects.

102

(1) Subject to subsection (2), the admission arrangements for a maintained school in England may make provision for the selection of pupils for admission to the school by reference to their aptitude for one or more prescribed subjects where—

(a) the admission authority for the school are satisfied that the school has a specialism in the subject or subjects in question; and

(b) the proportion of selective admissions in any relevant age group does not exceed 10 per cent.

(2) Subsection (1) does not apply if the admission arrangements make provision for any test to be carried out in relation to an applicant for admission which is either a test of ability or one designed to elicit any aptitude of his other than for the subject or subjects in question.

(3) Where, however, the admission arrangements for a school make both such provision for selection by aptitude as is mentioned in subsection (1) and such provision for selection by ability as is mentioned in section 101(1) or (1A), the reference in subsection (2) above to a test of ability does not include any such test for which provision may be made under that section.

(4) In this section “the proportion of selective admissions”, in relation to a relevant age group, means the proportion of the total number of pupils admitted to the school in that age group (determined in the prescribed manner) which is represented by the number of pupils so admitted by reference to aptitude for the subject or subjects in question.

(5) In this section “test” includes assessment and examination.

Permitted selection in maintained schools in Wales: aptitude for particular areas of learning and experience etc.

102A

(1) The admission arrangements for a maintained school in Wales may make provision for the selection of pupils for admission to the school by reference to their aptitude for—

(a) one or more prescribed areas of learning and experience, or

(b) one or more prescribed elements within one or more areas of learning and experience.

(2) But the admission arrangements may make such provision only where—

(a) the admission authority for the school are satisfied that the school has a specialism in the area or areas, or element or elements, in question, and

(b) the proportion of selective admissions in any relevant age group does not exceed 10 per cent.

(3) Subsection (1) does not apply if the admission arrangements make provision for any test to be carried out in relation to an applicant for admission which is either a test of ability or one designed to elicit the applicant’s aptitude other than for the area or areas, or element or elements, in question.

(4) Where, however, the admission arrangements for a school make both such provision for selection by aptitude as is mentioned in subsection (1) and such provision for selection by ability as is mentioned in section 101(1), the reference in subsection (3) to a test of ability does not include any such test for which provision may be made under that section.

(5) In this section, “the proportion of selective admissions”, in relation to a relevant age group, means the proportion of the total number of pupils admitted to the school in that age group (determined in the prescribed manner) which is represented by the number of pupils so admitted by reference to aptitude for the area or areas, or element or elements, in question.

(6) In this section—

“area of learning and experience” has the same meaning as in the Curriculum and Assessment (Wales) Act 2021;

“test” includes assessment and examination.

Permitted selection: introduction, variation or abandonment of provision for such selection.

103

(1) In connection with the determination of a maintained school’s admission arrangements for a particular school year, sections 88C to 88K or, as the case may be, 89 and 90 shall, except to the specified extent, apply in relation to the making or abandonment by those arrangements of provision for any permitted form of selection by ability or aptitude as they apply in relation to the making or abandonment by those arrangements of provision for other matters.

(2) In subsection (1) “the specified extent” means the extent to which those admission arrangements would effect an alteration in the provision made by the school’s admission arrangements as respects any such form of selection (whether by introducing, varying or abandoning any such form of selection) which constitutes—

(a) in relation to England, a prescribed alteration for the purposes of section 18 of the Education and Inspections Act 2006, and

(b) in relation to Wales, a regulated alteration within the meaning of Chapter 2 of Part 3 of the School Standards and Organisation (Wales) Act 2013.

(3) Any admission arrangements to which section 101(1) or (1A) applies (whether authorised by section 100 or section 101) may be varied if (and only if) the arrangements as varied are designed to secure the objectives mentioned in section 101(1)(a) and (b), section 101(1A)(a)(i) and (b), section 101(1A)(a)(ii) and (b) or section 101(1A)(a)(iii) and (b).

Grammar schools

Designation of grammar schools.

104

(1) Where the Secretary of State is satisfied that a maintained school had selective admission arrangements at the beginning of the 1997-98 school year, he may by order designate the school as a grammar school for the purposes of this Chapter.

(2) A school has selective admission arrangements for the purposes of this Chapter if its admission arrangements make provision for all (or substantially all) of its pupils to be selected by reference to general ability, with a view to admitting only pupils with high ability.

(3) For the purpose of deciding whether a school’s admission arrangements fall within subsection (2), any such additional criteria as are mentioned in section 86(9) shall be disregarded.

(4) Where a maintained school is a grammar school—

(a) sections 105 to 109 have effect for prescribing procedures for altering the school’s admission arrangements so that it no longer has selective admission arrangements; and

(b) its admission arrangements shall not be so altered except in accordance with those sections.

(5) Regulations may make provision—

(a) for enabling the Secretary of State to make an order designating as a grammar school for the purposes of this Chapter a maintained school established in substitution for one or more discontinued schools each of which either has been or could have been so designated under this section (whether by virtue of subsection (1) or by virtue of the regulations); and

(b) for any provisions of this Chapter, or any regulations made under it, to have effect in relation to any such school with such modifications as may be prescribed.

(6) In this section “maintained school” includes, in relation to any time before the appointed day—

(a) a county or voluntary school, or

(b) a grant-maintained school,

within the meaning of the Education Act 1996; and in the application of subsection (1) to a maintained school on or after the appointed day the reference to the school shall be read, in connection with determining the nature of its admission arrangements at the beginning of the 1997-98 school year, as a reference to it as a school within paragraph (a) or (b) above.

(7) In this Chapter “grammar school” means a school for the time being designated under this section.

Procedure for deciding whether grammar schools should retain selective admission arrangements.

105

(1) The Secretary of State may by regulations make provision for ballots of parents to be held, at their request, for determining whether the grammar schools to which such ballots relate should retain selective admission arrangements.

(2) Ballot regulations may provide for a ballot under this section to relate—

(a) to all grammar schools within the area of a prescribed local authority or within such other area as may be prescribed,

(b) to a prescribed group of grammar schools, or

(3) Ballot regulations may make provision—

(a) requiring a request for a ballot under this section to be made by means of a petition signed by parents eligible to request the ballot;

(b) prescribing the form of any such petition and other requirements (whether as to the procedure to be followed or otherwise) which are to be complied with in relation to any such petition;

(c) prescribing the body (“the designated body”) to which any such petition is to be sent and which, under arrangements made by the Secretary of State, is to—

(i) make the arrangements for the holding of ballots under this section, and

(ii) discharge such other functions with respect to such petitions and the holding of such ballots as may be prescribed (which may include the determination of any question arising as to the validity of any request for a ballot or as to a person’s eligibility to request or vote in a ballot);

(d) requiring prescribed bodies or persons, or bodies or persons falling within any prescribed category—

(i) to provide the designated body or any other person with any prescribed information requested by that body or person, or

(ii) to publish prescribed information in such manner as may be prescribed;

(e) authorising any such bodies or persons to charge a fee (not exceeding the cost of supply) for documents supplied by them in pursuance of regulations made by virtue of paragraph (d)(i);

(f) prescribing the terms of the question on which a ballot under this section is to be held and the manner in which such a ballot is to be conducted;

(g) enabling the Secretary of State, in any prescribed circumstances, to declare a previous ballot under this section void and require the holding of a fresh ballot;

(h) requiring anything falling to be done under the regulations to be done within such period as may be specified in or determined in accordance with the regulations.

(4) Ballot regulations may provide—

(a) for parents of any prescribed description to register with the designated body, in such manner and at such time as may be prescribed, in order to be eligible to request or vote in a ballot;

(b) that for all or any prescribed purposes of the regulations references to parents are to be read as excluding those who are not individuals.

(5) Ballot regulations may provide for a request for a ballot under this section to be made, in any prescribed circumstances, by means of two or more petitions.

(6) The information required to be provided in pursuance of subsection (3)(d) may include the names and addresses of parents of any prescribed description.

(7) Ballot regulations may provide for sections 496 and 497 of the Education Act 1996 (default powers of Secretary of State) to apply to proprietors of independent schools in relation to a duty imposed by or under the regulations.

(8) Where—

(a) a ballot has been held under this section, and

(b) the result of the ballot was to the effect that the schools or school in question should retain selective admission arrangements,

no further ballot relating to the schools or school shall be held under this section within such period as is specified in ballot regulations.

(9) The Secretary of State may make (or arrange for the making of) payments in respect of any expenses incurred by—

(a) the governing body of a school maintained by a local authority,

(b) the proprietor of an independent school, or

in complying with any obligations which may be imposed by regulations made under subsection (3)(d)(i) or (ii).

Payments under this subsection may be made on such terms as the Secretary of State may determine.

(10) For the purposes of this section and sections 106 and 107, in their application in relation to any time falling before the appointed day, a grant-maintained school or a grant-maintained special school within the meaning of the Education Act 1996 shall be taken—

(a) to be a school maintained by a local authority, and

(b) to be maintained by the authority in whose area it is situated.

(11) In this section and section 106 “ballot regulations” means regulations made under this section.

Ballot regulations: eligibility of parents to request or vote in ballot.

106

(1) In relation to a ballot under section 105(2)(a), ballot regulations shall provide that, subject to such exceptions as may be prescribed, the parents eligible to request or vote in the ballot are—

(a) registered parents of registered pupils at the following schools, namely—

(i) where the ballot relates to all grammar schools within the area of a prescribed local authority, all schools maintained by that authority; or

(ii) where the ballot relates to all grammar schools within a prescribed area, all schools maintained by a local authority which are situated in such area as may be prescribed, together with (if the regulations so provide) all schools maintained by such local authority as may be prescribed;

(b) registered parents of registered pupils at independent schools where—

(i) such parents are resident, and

(ii) the schools are situated,

within the area of the prescribed local authority or (as the case may be) the prescribed area; and

(i) are resident within the area of the prescribed local authority or (as the case may be) the prescribed area, and

(ii) have registered with the designated body in accordance with section 105(4)(a).

(2) In relation to a ballot under section 105(2)(b) or (c), ballot regulations shall provide that, subject to such exceptions as may be prescribed, the parents eligible to request or vote in the ballot are registered parents of registered pupils at any school from which a prescribed number of pupils have transferred to the grammar school or schools in question—

(a) at such age or ages, and

(b) during such period,

as may be determined in accordance with the regulations; and such regulations may provide that where, within that period, any such grammar school has been established in substitution for another school, the schools are to be treated as a single school for the purposes of determining eligibility.

(3) Ballot regulations shall provide—

(a) in relation to a ballot under section 105(2)(a), that a request for such a ballot must be made by a number of eligible parents equal to at least 20 per cent. of all parents falling within subsection (1)(a) or (b) above; and

(b) in relation to a ballot under section 105(2)(b) or (c), that a request for such a ballot must be made by at least 20 per cent. of all parents falling within subsection (2) above.

(4) Ballot regulations may provide for a parent’s eligibility for the purposes of—

(a) making a request for a ballot,

(b) voting in a ballot, or

to be determined by reference to such different times as may be determined in accordance with the regulations.

(5) Ballot regulations may make provision for determining whether parents are resident in an area for the purposes of subsection (1)(b) or (c).

Restriction on publication of material etc. relating to ballots.

107

(1) An authority or body to whom this section applies shall not incur any expenditure for the purpose of—

(a) publishing any material which, in whole or in part, appears designed to influence—

(i) eligible parents in deciding whether or not to request a ballot under section 105, or

(ii) the outcome of such a ballot; or

(b) assisting any person to publish any such material; or

(i) eligible parents in deciding whether or not to request such a ballot, or

(ii) the outcome of such a ballot.

(2) This section applies to—

(a) any local authority, and

(b) the governing body of any school maintained by a local authority.

(3) Nothing in subsection (1) shall be taken to prevent an authority or body to whom this section applies from incurring expenditure on publishing or otherwise providing to any person (whether or not in pursuance of any duty to do so)—

(a) any factual information so far as it is presented fairly; or

(b) a fair and reasonable assessment by the authority or body of the likely consequences of the result of a ballot under section 105 being in favour of the schools or school in question ceasing to have selective admission arrangements; or

(4) In determining for the purposes of subsection (3) whether—

(a) any information is presented fairly, or

(b) an assessment is fair and reasonable,

regard shall be had to any guidance given from time to time by the Secretary of State.

(5) In this section any reference to expenditure—

(a) in relation to the governing body of a school which has a delegated budget within the meaning of Part II of this Act (or, in relation to any time before the appointed day, Part II of the Education Act 1996), is a reference to expenditure out of the school’s budget share; or

(b) in relation to the governing body of a grant-maintained or grant-maintained special school within the meaning of that Act (where this section applies to such a school by virtue of section 105(10)), is a reference to expenditure out of maintenance grants paid under Chapter VI of Part III of that Act.

Implementation of decision that school should cease to have selective admission arrangements.

108

(1) Subsection (2) applies where the result of a ballot held under section 105 shows a simple majority of votes cast (by persons eligible to vote in the ballot) in favour of the grammar school or schools to which the ballot related ceasing to have selective admission arrangements.

(2) The admission authority for a grammar school to which the ballot related shall secure that their admission arrangements are revised (in accordance with sections 88C to 88K or, as the case may be, 89 and 90) so that, as from the beginning of such school year as may be prescribed, the school no longer has selective admission arrangements.

(3) Where the Secretary of State is satisfied that, in pursuance of subsection (2), a grammar school no longer has selective admission arrangements, he shall revoke the order made by him with respect to the school under section 104.

Proposals by governing body of grammar school to end selective admission arrangements.

109

(1) This section has effect for enabling the admission arrangements of a grammar school to be revised (otherwise than in circumstances where section 108(2) applies) so that the school no longer has selective admission arrangements and its admission arrangements instead either—

(a) make no provision for selection by ability, or

(b) make provision for one or more of the following, namely—

(i) any selection by ability authorised by section 101,

(ii) any selection by aptitude authorised by section 102, and

(iii) any selection by ability such as is mentioned in section 99(2)(c).

(2) Any such revision of the admission arrangements of a grammar school shall be one of the alterations to a maintained school which are prescribed under section 18 of the 2006 Act; but any proposals for any such revision of the admission arrangements of a grammar school which is a community school shall be published under section 19 of the 2006 Act by the governing body and not by the local authority.

(3) Regulations may provide—

(a) that, in their application to any proposals for any such revision of the admission arrangements of a grammar school, any provision of sections 19 to 24 of the 2006 Act or regulations under those sections shall have effect with such modifications as may be prescribed;

(b) that, in any prescribed circumstances following the making of a request for a ballot to be held under section 105, any such proposals under section 19 of the 2006 Act shall be of no effect.

(4) Regulations made under section 105 may make provision, in relation to cases where any such proposals under section 19 of the 2006 Act have fallen to be implemented under regulations under section 24 of that Act, for requiring the school to which the proposals relate to be disregarded for the purposes of any regulations made under section 105(2).

(5) Where the Secretary of State is satisfied that, by reason of the implementation of any such proposals, a grammar school no longer has selective admission arrangements, he shall revoke the order made by him with respect to the school under section 104.

(6) In this section “the 2006 Act” means the Education and Inspections Act 2006.

Part IV — Other provisions about school education

...

Home-school agreements.

110

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provisions about home-school agreements.

111

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extension of educational opportunities for Key Stage 4 pupils

Extended work experience for Key Stage 4 pupils.

112

(1) Section 560 of the Education Act 1996 (work experience during compulsory schooling) shall be amended as follows.

(2) For subsections (1) and (2) there shall be substituted—

(1) The enactments relating to the prohibition or regulation of the employment of children shall not apply to the employment of a child in his last two years of compulsory schooling if the employment is in pursuance of arrangements made— (a) by a local education authority, or (b) by the governing body of a school on behalf of such an authority, with a view to providing him with work experience as a part of his education. (2) For the purposes of subsection (1) a child shall be taken to be in his last two years of compulsory schooling as from the beginning of the last two school years at his school during the whole or part of which he is of compulsory school age.

(3) In subsection (6) (disapplication of sections 495 and 496 of the Act), the words “or the governing body of a grant-maintained school” shall be omitted.

Provision of secondary education for Key Stage 4 pupils by FE institutions.

113

(1) In section 18(1) of the Further and Higher Education Act 1992 (principal powers of a further education corporation), after paragraph (a) there shall be inserted—

(aa) in pursuance of arrangements made— (i) by a local education authority, or (ii) by the governing body of a school on behalf of such an authority, provide secondary education to pupils in the fourth key stage, and

(2) After section 52 of that Act there shall be inserted—

(52A) (1) This section applies where secondary education is provided to pupils in the fourth key stage— (a) by a further education corporation in pursuance of arrangements falling within section 18(1)(aa) of this Act, or (b) by a designated institution in pursuance of arrangements made— (i) by a local education authority, or (ii) by the governing body of a school on behalf of such an authority. (2) The governing body of the corporation or institution shall secure that, except in such circumstances as may be prescribed by regulations, no education is provided to a person who has attained the age of nineteen years in a room in which any such pupils are for the time being receiving secondary education.

Food and drink provided on school premises etc

Nutritional standards for school lunches.

114

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirements for food and drink provided on school premises etc

114A

(1) Regulations may prescribe requirements which, subject to such exceptions as may be provided for by or under the regulations, are to be complied with in connection with—

(a) food or drink provided on the premises of any school maintained by a local authority in England, or

(b) food or drink provided at a place other than school premises by a local authority in England or the governing body of a school maintained by such an authority to any registered pupil at the school.

(2) Regulations under this section may in particular—

(a) specify nutritional standards, or other nutritional requirements, which are to be complied with;

(b) require that drinking water is to be available, free of charge, on the premises of any school maintained by a local authority;

(3) Requirements prescribed by virtue of subsection (1)(a) do not apply to food or drink brought on to the premises of a school maintained by a local eucation authority where the food or drink is brought on to those premises by any person for his own consumption.

(4) Where a local authority or the governing body of a school maintained by such an authority provide food or drink—

(a) to anyone on the premises of the school, or

(b) to any registered pupil at the school at a place other than school premises,

that authority or, as the case may be, that governing body must secure that any applicable provisions of the regulations are complied with.

(5) Subsection (4) applies whether the food or drink is provided in pursuance of any statutory requirement or otherwise.

(6) Where—

(a) food or drink is provided on the premises of a school maintained by a local authority,

(b) the provision is by a person (“X”) other than the authority or the governing body of the school, and

(c) X uses or occupies the whole or a part of the premises in circumstances related to a use or occupation agreement made (whether by X or any other person) with the authority or the governing body,

that authority or, as the case may be, that governing body must secure that any applicable provisions of the regulations are complied with.

(7) A “use or occupation agreement”, in relation to the premises of a school, is an agreement or other arrangement relating to the use or occupation of the whole or any part of the premises.

(8) Without prejudice to the generality of section 138(7), regulations under this section may prescribe—

(a) different requirements in relation to different classes or descriptions of school as specified in the regulations;

(b) different requirements in connection with food or drink provided by or to different classes or descriptions of person as specified in the regulations;

(9) A “place other than school premises” means a place other than the premises of any school maintained by a local authority.

(10) References in this section to food or drink provided by a local authority or the governing body of a school include references to food or drink provided in pursuance of an agreement or other arrangement made by such an authority or body for the provision of food or drink.

Extension of LEA functions concerning school lunches, etc.

115

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of local authority functions concerning school lunches, etc. to governing bodies.

116

After section 512 of the Education Act 1996 there shall be inserted—

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School Standards and Framework Act 1998

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

88N

Sharing of information by local authorities

88O

Reports by local authorities to adjudicator

88P

Reports under section 88P: provision of information

88Q

Admission arrangements: Wales

Prohibition on interviews

88R

Procedure for determining admission arrangements.

89

Determination of admission numbers

89A

Co-ordination of admission arrangements

89B

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

89C

Power to restrict alteration of admission arrangements following establishment or expansion

89D

Reference of objections to Welsh Ministers.

90

Regulations by Welsh Ministers under sections 89 to 90

90ZA

Restriction on alteration of admission arrangements following adjudicator's decision

90A

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

91

Publication of information about admissions: England and Wales

Publication of information about admissions.

92

Admission numbers

Fixing admission numbers.

93

Admission appeals

Appeal arrangements: general.

94

Appeals relating to children to whom section 87 applies.

95

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

95A

Power to direct admission of child to school

Direction to admit child to specified school.

96

Procedure for giving direction under section 96.

97

Direction to admit looked after child to specified school

97A

Procedure for giving direction under section 97A

97B

Determinations under section 97 or 97B: supplemental

97C

Looked after children in Wales

Power of Assembly to make regulations about admission of looked after children

97D

Nursery and special schools, etc: children with statements

Admission for nursery education or to nursery or special school: children with statements of special educational needs or EHC plans.

98

Meaning of “sixth form education” etc

98A

Chapter II — Selection of pupils

Partial selection

General restriction on selection by ability or aptitude.

99

Permitted selection: pre-existing arrangements.

100

Permitted selection: pupil banding.

101

Permitted selection in maintained schools in England: aptitude for particular subjects.

102

Permitted selection in maintained schools in Wales: aptitude for particular areas of learning and experience etc.

102A

Permitted selection: introduction, variation or abandonment of provision for such selection.

103

Grammar schools

Designation of grammar schools.

104

Procedure for deciding whether grammar schools should retain selective admission arrangements.