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Part IIIU.K. School admissions

Modifications etc. (not altering text)

Chapter IE+W Admission arrangements

[F1Admission arrangements: Wales]E+W

Textual Amendments

[F289C Further provision about schemes adopted or made by virtue of section 89BE+W

(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)[F3local authorities] [F4in Wales], and

(b)the admission authorities for maintained schools [F5in Wales].

(2)Regulations may provide that where a [F6local authority] [F7in Wales] or the governing body of a maintained school [F8in Wales] have, in such manner as may be prescribed, adopted a scheme formulated by a [F6local authority] for the purpose mentioned in section 89B(1)(a)[F9—

(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 [F10in Wales] falls to be made in prescribed circumstances, the decision shall, if a scheme adopted or made [F11by virtue of section 89B] so provides, be made by the [F6local authority] regardless of whether they are the admission authority for the school.

[F12(3A)Where any decision as to whether a child is to be granted or refused admission to a maintained school [F13in Wales] is (by virtue of regulations under subsection (3)) made by the [F6local 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 [F6local 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 [F3local 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 [F6local authority], [F14the Welsh Ministers] shall consult—

(a)the [F6local 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 [F15the Welsh Ministers].]

Textual Amendments

F2Ss. 89B, 89C inserted (1.10.2002 for E., 1.2.2006 for W.) by Education Act 2002 (c. 32), ss. 48, 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2006/172, art. 4, Sch.

F6Words 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)

C3S. 89C applied (with modifications) (W.) (1.2.2006) by The New School (Admissions) (Wales) Regulations 2006 (S.I. 2006/175), regs. 1(1), 9, Sch. (with reg. 2(2))