School Standards and Framework Act 1998

[F188KSections 88H to 88J: supplementaryE+W

(1)Subsection (2) applies to any decision of the adjudicator—

(a)under section 88H(4) on whether to uphold an objection to admission arrangements,

(b)under section 88I(4)(b) or (5)(b) on whether admission arrangements conform with the requirements relating to admission arrangements, or

(c)under section 88J(2) as to whether or not it would be appropriate for changes to be made to admission arrangements.

(2)Any decision of the adjudicator to which this subsection applies is binding on—

(a)the admission authority in question, and

(b)all persons by whom an objection may be referred to the adjudicator under section 88H(2) or (3) in relation to the admission arrangements.

(3)In the case of a decision mentioned in subsection (1)(a) or (b), the adjudicator must publish a report containing the following—

(a)the adjudicator's decision on the objection or (as the case may be) on whether the admission arrangements conform with the requirements relating to admission arrangements,

(b)the decision of the adjudicator under section 88J(2)(a), and any decision of the adjudicator under section 88J(2)(b), on whether it would be appropriate for changes to be made to the admission arrangements,

(c)any decision of the adjudicator—

(i)under section 88J(4)(a) that a change is to be a protected change for the purposes of section 88L, or

(ii)under section 88J(4)(b) that a change is to be protected only for such lesser number of school years as the adjudicator may specify, and

(d)the adjudicator's reasons for the decisions mentioned in paragraphs (a) to (c).

(4)Regulations may make provision—

(a)requiring an admission authority for a maintained school in England to provide information which—

(i)falls within a prescribed description, and

(ii)is requested by the adjudicator for the purposes of the exercise by the adjudicator of functions under sections 88H to 88J or this section or of enabling the adjudicator to decide whether to exercise the power conferred by section 88I(5);

(b)as to the manner in which a report required to be published under subsection (3) is to be published;

(c)requiring such matters to be notified to such persons, and in such manner, as may be prescribed;

(d)prescribing circumstances in which an admission authority may revise the admission arrangements for their school in the light of any decision by the adjudicator relating to the admission arrangements for another school, and the procedure to be followed in such a case.

(5)In sections 88I and 88J and this section “the requirements relating to admission arrangements” means the requirements imposed by or under this Part as to the content of admission arrangements for maintained schools in England.]

Textual Amendments

F1Ss. 88B-88Q inserted (2.12.2008 for specified purposes, 26.1.2009 in so far as not already in force) by Education and Skills Act 2008 (c. 25), ss. 151(4), 173(2)(b)(4); S.I. 2008/3077, arts. 2(a), 4(d)