The Education (Northern Ireland) Order 1997

Admission to primary or secondary school (other than grammar school)

13.—(1) This Article applies to applications for the admission of a child to a primary school or a secondary school (other than a grammar school); and in this Article—

(a) paragraph (2) applies to an application for the admission of a child in the relevant age group where the proposed admission is to take effect at the beginning of the first term of the school year;

(b) paragraph (3) applies to an application for the admission of a child in the relevant age group where the proposed admission is to take effect at any later time in the school year; and

(c) paragraphs (4) and (5) apply to an application for the admission of a child who is not in the relevant age group.

(2) Where an application to which this paragraph applies is made, the Board of Governors—

(a) shall admit the child to the school if the total number of such applications does not exceed the admissions number of the school; and

(b) in any other case, shall—

(i) apply the criteria drawn up under Article 16(1) to select for admission to the school a number of children equal to the school’s admissions number; and

(ii) admit, or refuse to admit, the child to the school accordingly.

(3) Where an application to which this paragraph applies is made, the Board of Governors shall—

(a) if, at the time the application is considered, there are vacant places in the relevant age group at the school—

(i) admit the child to the school, if the total number of such applications falling to be considered at that time does not exceed the number of vacant places;

(ii) in any other case, apply the criteria drawn up under Article 16(1) to select for admission to the school a number of children equal to the number of vacant places and admit, or refuse to admit, the child to the school accordingly;

(b) if, at that time, there are no vacant places in the relevant age group at the school, refuse to admit the child to the school.

(4) Where an application to which this paragraph applies is made, the Board of Governors shall—

(a) if, at the time the application is considered, there are vacant places at the school—

(i) admit the child to the school, if the total number of such applications falling to be considered at that time does not exceed the number of vacant places;

(ii) in any other case, apply the criteria drawn up under Article 16(1) to select for admission to the school a number of children equal to the number of vacant places and admit, or refuse to admit, the child to the school accordingly;

(b) if, at that time, there are no vacant places at the school, refuse to admit the child to the school.

(5) The Board of Governors may refuse to admit a child to the school in the circumstances mentioned in paragraph (4)(a)(i) or (ii) where it is of the opinion that the admission of the child to the school would prejudice the efficient use of resources.