School Standards and Framework Act 1998 (c. 31)

Part III U.K. School admissions

Modifications etc. (not altering text)

C1 Pt. 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)

Chapter I E+W Admission arrangements

[F1 Admission arrangements: England] E+W

Textual Amendments

F1 S. 88A cross-heading inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 151(2), 173(4); S.I. 2008/3077, art. 4(d)

[F2 88K Sections 88H [F3 and 88I]: supplementary E+W

(1) Subsection (2) applies to any decision of the adjudicator—

(a) under section 88H(4) on whether to uphold an objection to admission arrangements, [F4 or]

(b) under section 88I(4)(b) or (5)(b) on whether admission arrangements conform with the requirements relating to admission arrangements, F5 ...

F5 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Any decision of the adjudicator to which this subsection applies is binding on—

(a) the admission authority in question, and

[F6 (b) any other person or body.]

[F7 (3) Where the adjudicator makes a decision mentioned in subsection (1), the adjudicator must publish a report containing—

(a) the adjudicator's decision on the objection or (as the case may be) on whether the admission arrangements conform with the requirements relating to admission arrangements, and

(b) the reasons for that decision.]

(4) Regulations may make provision—

(a) requiring an admission authority for a maintained school in England [F8 or an [F9 Academy school]] to provide information which—

(i) falls within a prescribed description, and

(ii) is requested by the adjudicator for the purposes of the exercise by the adjudicator of functions under sections 88H [F10 , 88I] or this section or of enabling the adjudicator to decide whether to exercise the power conferred by section 88I(5);

(b) as to the manner in which a report required to be published under subsection (3) is to be published;

(c) requiring such matters to be notified to such persons, and in such manner, as may be prescribed;

(d) prescribing circumstances in which an admission authority may revise the admission arrangements for their school in the light of any decision by the adjudicator relating to the admission arrangements for another school, and the procedure to be followed in such a case.

(5) In [F11 section 88I] and this section “the requirements relating to admission arrangements” [F12 means—

(a) in relation to a maintained school, the requirements imposed by or under this Part as to the content of admission arrangements for maintained schools in England, and

(b) in relation to [F13 an Academy school], the requirements imposed by or under Academy arrangements as to the content of its admission arrangements.]]

Textual Amendments

F2 Ss. 88B-88Q inserted (2.12.2008 for specified purposes, 26.1.2009 in so far as not already in force) by Education and Skills Act 2008 (c. 25), ss. 151(4), 173(2)(b)(4); S.I. 2008/3077, arts. 2(a), 4(d)

F3 Words in s. 88K heading substituted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 10 para. 4(2)(e); S.I. 2012/84, art. 3

F4 Word in s. 88K(1)(a) inserted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 10 para. 4(2)(a)(i); S.I. 2012/84, art. 3

F5 S. 88K(1)(c) and word omitted (1.2.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 10 para. 4(2)(a)(ii); S.I. 2012/84, art. 3

F6 S. 88K(2)(b) substituted (1.2.2012) by Education Act 2011 (c. 21), ss. 36(7), 82(3); S.I. 2012/84, art. 3

F7 S. 88K(3) substituted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 10 para. 4(2)(b); S.I. 2012/84, art. 3

F8 Words in s. 88K(4)(a) inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 64(5)(a), 82(3); S.I. 2012/84, art. 3

F9 Words in s. 88K(4)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 10(6)(a); S.I. 2012/924, art. 2

F10 Word in s. 88K(4)(a)(ii) substituted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 10 para. 4(2)(c); S.I. 2012/84, art. 3

F11 Words in s. 88K(5) substituted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 10 para. 4(2)(d); S.I. 2012/84, art. 3

F12 Words in s. 88K(5) substituted (1.2.2012) by Education Act 2011 (c. 21), ss. 64(5)(b), 82(3); S.I. 2012/84, art. 3

F13 Words in s. 88K(5)(b) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 10(6)(b); S.I. 2012/924, art. 2