114In section 438 (choice of school: child without statement of special educational needs)—E+W
(a)for subsection (4)(a) substitute—
“(a)within the period mentioned in subsection (3) the parent applies for the child to be admitted to a school maintained by a local education authority and, where that authority are not the authority by whom the notice was served, notifies the latter authority of the application, and”;
(b)for subsection (5) substitute—
(a)within the period mentioned in subsection (3), the parent applies to the local education authority by whom the notice was served for education to be provided at a school which is not a school maintained by a local education authority, and
(b)the child is offered a place at the school and the authority are required by virtue of regulations under section 18(3) to pay the fees payable in respect of the education provided for him at the school,
that school shall be named in the order.”; and
(c)in subsection (6)(a)(i), omit “and is not a grant-maintained school”.
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