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Education Act 2002

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Appeal arrangements: generalE+W

This section has no associated Explanatory Notes

8(1)Section 94 of the 1998 Act (appeal arrangements: general) is amended as follows.

(2)After subsection (1) there is inserted—

(1A)A [F1local authority] shall make arrangements for enabling the parent of a child who has been admitted to a community or voluntary controlled school maintained by the authority to appeal against any decision made by or on behalf of the governing body refusing permission for the child to enter the school’s sixth form.

(3)After subsection (2) there is inserted—

(2A)The governing body of a foundation or voluntary aided school shall make arrangements for enabling the parent of a child who has been admitted to the school to appeal against any decision made by or on behalf of the governing body refusing permission for the child to enter the school’s sixth form.

(4)In subsection (3), after “(2)” there is inserted “ or (2A) ”.

(5)In subsection (4), in paragraph (a), after “(1)” there is inserted “ or (1A) ” and in paragraph (b), after “(2)” there is inserted “ or (2A) ”.

(6)In subsection (6) for “under Schedule 24” there is substituted “ pursuant to arrangements under this section ”.

(7)After that subsection there is inserted—

(7)References in this section, in relation to a child who has been admitted to a school, to his entering the school’s sixth form are to his being transferred to a class at the school in which secondary education suitable to the requirements of pupils who are over compulsory school age is provided from a class in which such education is not provided.

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Commencement Information

I1Sch. 4 para. 8 partly in force; Sch. 4 para. 8 not in force at Royal Assent, see s. 216; Sch. 4 para. 8 in force for E. at 20.1.2003 by S.I. 2002/2952, art. 2 (with savings and transitional provisions in Sch. paras. 2, 3)

I2Sch. 4 para. 8 in force at 20.1.2003 except in relation to W. by S.I. 2002/2952, art. 2 (with Sch. para. 3)

I3Sch. 4 para. 8 in force at 31.5.2005 for W. by S.I. 2005/1395, art. 4, Sch. (with art. 5(3))

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