The Education Act 1996 (Infant Class Sizes) (Modification) Regulations 1998

Restriction on power of admission appeal committees for country and voluntary schools

11.—(1) In Schedule 33 to the 1996 Act, after paragraph 11 there shall be inserted the following new paragraph

“11A.— (1) Where the decision under appeal was made on the ground that prejudice of the kind referred to in section 411(3)(a) would arise as mentioned in subsection (3A) of that section, an appeal committee shall determine that a place is to be offered to the child only if they are satisfied

(a) that the decision was not one which a reasonable admission authority would make in the circumstances of the case; or

(b) that the child would have been offered a place if the admission arrangements (as published under section 414) had been properly implemented.

(2) In sub-paragraph (1) “admission arrangements”, in relation to a school, means the arrangements for the admission of pupils to the school, including the school’s admission policy.”.

(3) This paragraph applies at any relevant time falling before the commencement of paragraph 12 of Schedule 24 to the 1998 Act.