97 Procedure for giving direction under section 96.E+W
(1)Before deciding to give a direction under section 96, the local education authority shall consult—
(a)the parent of the child, and
(b)the governing body of the school they propose to specify in the direction.
(2)Where the local education authority decide to give such a direction specifying any school—
(a)they shall, before doing so, serve a notice in writing of their decision on the governing body and head teacher of the school, and
(b)they shall not give the direction until the period for referring the matter to the Secretary of State under subsection (3) has expired and, if it is so referred, the Secretary of State has made his determination.
(3)The governing body may, within the period of 15 days beginning with the day on which the notice was served, refer the matter to the Secretary of State and, if they do so, shall inform the local education authority.
[F1(4)On a reference under subsection (3) the Secretary of State may determine which school is to be required to admit the child, and if he does so—
(a)where the local education authority referred to in subsection (1) are the admission authority for that school, they shall—
(i)admit the child to the school, and
(ii)give notice in writing to the governing body and head teacher of the school of the Secretary of State’s determination, and
(b)in any other case, that school shall be specified in the direction.]
(5)The Secretary of State shall not make a determination under subsection (4) in relation to a school if the child’s admission to the school would result in prejudice of the kind referred to in section 86(3)(a) by reason of measures required to be taken as mentioned in subsection (4) of that section.
[F2(6)A direction under section 96 shall be given by notice in writing; and a copy of the notice shall be given by the local education authority to the head teacher of theschool.]
Textual Amendments
F1S. 97(4) substituted (1.10.2002 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 51, 216, Sch. 4 para. 11(2) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.)
F2S. 97(6) substituted (1.10.2002 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 51, 216, Sch. 4 para. 11(3) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.)
Modifications etc. (not altering text)
C1S. 97 applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(c), 2-8.
S. 97 applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8.