School Standards and Framework Act 1998

93 Fixing admission numbers. E+W

[F1 (1) The admission authority for a maintained school shall not fix as the admission number for any relevant age group and any school year a number which is less than the relevant standard number.

(2) Subject to section 1(6) (duty of local education authority and governing body to comply with limit on infant class sizes), the admission authority may fix as the admission number for any relevant age group and any school year a number which exceeds the relevant standard number.

(3) Schedule 23 (determination, variation and review of standard numbers) shall have effect.

(4) A proposal may be made to the admission authority in accordance with subsection (5) by whichever of the governing body and the local education authority are not the admission authority for fixing as the admission number for any relevant age group and any school year a number which exceeds both—

(a) the relevant standard number, and

(b) any admission number fixed, or proposed to be fixed, for that age group and year by the admission authority.

(5) Any such proposal—

(a) shall be made in writing,

(b) may relate to one or more relevant age groups, and

(c) may relate to a particular school year or to each school year falling within any period specified in the proposal.

(6) If the admission authority do not give the body making the proposal notice in writing rejecting the proposal within the period of two months beginning with the day after that on which the proposal was received by the admission authority, the admission authority shall give effect to the proposal.

(7) Where the admission authority give such notice within that period, the body making the proposal may, within 28 days of receiving the notice, make an application under paragraph 4(3) or 8(3) (as the case may be) of Schedule 23 for a decision increasing the relevant standard number.

(8) Regulations may provide for the operation of subsection (1) and section 86(5) to be suspended to such extent as the Secretary of State considers appropriate for the purpose of enabling—

(a) admission authorities to review under paragraph 11 of Schedule 23 any standard number applicable to admissions to an infant class at any maintained school, and

(b) any application to reduce any such number under paragraph 4(4) or 8(4) (as the case may be) of that Schedule to be decided in accordance with that Schedule,

following the coming into force of regulations under section 1 by virtue of which any limit on class sizes is to apply, or be varied, in relation to any such class.

(9) Regulations under subsection (8) may provide for any suspension to apply—

(a) in relation to such age groups,

(b) for such period, and

(c) subject to such conditions,

as may be specified in the regulations; and in that subsection “infant class” has the meaning given by section 4.

(10) In this section references, in relation to a school, to the “admission number” for any relevant age group and any school year are references to the number of pupils in that age group it is intended to admit to the school in that school year.]

Textual Amendments

F1 S. 93 repealed (1.10.2002 for E. otherwise prosp.) by Education Act 2002 (c. 32), 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.)

Modifications etc. (not altering text)

C1 S. 93 restricted (29.3.1999) by S.I. 1999/1016, art. 6, Sch. 4 paras. 1, 5(1)(5)

C2 S. 93(1)(2) applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(c), 2-8.

S. 93(1)(2) applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8.

C3 S. 93(1) excluded (E.) (temp.) by S.I. 2000/180, arts. 3, 5

Commencement Information

I1 S. 93 wholly in force at 1.9.1999; s. 93 not in force at Royal Assent see s. 145(3); s. 93(3)(8) and (9) in force at 1.10.1998 by S.I. 1998/2212, art. 2, Sch. 1 Pt. I; s. 93(1)(2)(10) in force at 1.4.1999 by S.I. 1999/1016, art. 2(1), Sch. 1 (with arts. 3-6, Sch. 4); s. 93 in force at 1.9.1999 in so far as not already in force by S.I. 1999/1016, art. 2(3), Sch. 3 (with arts. 3-6, Sch. 4).