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Education Act 1996

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Commencement Orders bringing legislation that affects this Act into force:

Choice of schoolE+W

3(1)Every local education authority shall make arrangements for enabling [F1a parent—E+W

(a)on whom a copy of a proposed statement has been served under paragraph 2,

(b)on whom a copy of a proposed amended statement has been served under paragraph 2A, or

(c)on whom an amendment notice has been served under paragraph 2A which contains a proposed amendment about —

(i)the type or name of a school or institution, or

(ii)the provision made for the child concerned under arrangements made under section 319,

to be specified in the statement,] to express a preference as to [F2the maintained school] at which he wishes education to be provided for his child and to give reasons for his preference.

(2)Any such preference must be expressed or made within the period of 15 days beginning—

(a)with the date on which the written notice mentioned in [F3paragraph 2B] was served on the parent, or

(b)if a meeting has (or meetings have) been arranged under paragraph 4(1)(b) or (2), with the date fixed for that meeting (or the last of those meetings).

(3)Where a local education authority make a statement in a case where the parent of the child concerned has expressed a preference in pursuance of such arrangements as to the school at which he wishes education to be provided for his child, they shall specify the name of that school in the statement unless—

(a)the school is unsuitable to the child’s age, ability or aptitude or to his special educational needs, or

(b)the attendance of the child at the school would be incompatible with the provision of efficient education for the children with whom he would be educated or the efficient use of resources.

(4)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in Sch. 27 para. 3(1) substituted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 4 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

F2Words in Sch. 27 para 3(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 186(2)(a)(with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F3Words in Sch. 27 para 3(2) substituted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 5 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Modifications etc. (not altering text)

Consultation on specifying name of school in statementE+W

[F53A(1)Sub-paragraph (2) applies if a local education authority are considering—

(a)specifying the name of a maintained school in a statement, or

(b)amending a statement—

(i)if no school was specified in the statement before the amendment, so that a maintained school will be specified in it,

(ii)if a school was specified in the statement before the amendment, so that a different school, which is a maintained school, will be specified in it.

(2)The local education authority shall—

(a)serve a copy of the proposed statement or amended statement, or of the existing statement and of the amendment notice, on each affected body, and

(b)consult each affected body.

(3)Affected body” means—

(a)the governing body of any school which the local education authority are considering specifying; and

(b)if a school which the local education authority are considering specifying is maintained by another local education authority, that authority.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F5Sch. 27 para. 3A inserted (1.1.2002 (E.) 1.4.2002 (W.)) by 2001 c. 10, s. 10 Sch. 1 para. 7 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614 art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

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