The School Standards and Framework Act 1998 (Admissions) (Modifications) Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision relating to certain provisions of the School Standards and Framework Act 1998 on admissions.

Section 99 of the 1998 Act imposes a general restriction on admission arrangements that make provision for selection of pupils by ability or by aptitude, except in the case of grammar schools or forms of selection that are stated to be permitted. Regulation 2 modifies the definition of “maintained school” in section 99(5) to enable section 99 to apply to the existing framework of maintained schools during the period before the new statutory framework comes into force on 1st September 1999.

Section 101 of the 1998 Act permits selection by ability which consists of allocating pupils to ability bands, provided no level of ability is over-represented or under-represented. Subsections (3) and (4) have the effect that the introduction of such banding arrangements is not permitted unless it is implemented under the procedure in the 1998 Act for the publication of statutory proposals in respect of a prescribed alteration. Regulation 3 modifies these subsections so as to provide that, until the provisions on statutory proposals in the 1998 Act come into force, the introduction of such banding arrangements will constitute a “significant change of character” for the purposes of the equivalent provisions in the Education Act 1996 relating to statutory proposals.