Modifications etc. (not altering text)
C1Pt. III excluded (W.) (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 11(1)
(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
(c)influencing, or assisting any person to influence, by any other means—
(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 [F1local authority], and
(b)the governing body of any school maintained by a [F1local 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
(c)an accurate statement by the authority or body of their intentions or proposals in the event of such a result.
(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 M1Education 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.
Textual Amendments
F1Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))
Modifications etc. (not altering text)
C2S. 107(5) modified (20.11.1998) by S.I. 1998/2670, reg. 4
Marginal Citations