C5Part III School admissions

Annotations:
Modifications etc. (not altering text)

C5Chapter I Admission arrangements

Nursery and special schools, etc: children with statements

I1C1C2C398 Admission for nursery education or to nursery or special school: children with statements of special educational needs F13or EHC plans.

1

Children admitted to a school for nursery education and subsequently transferred to a reception class at the school shall be regarded for the purposes of this Chapter as admitted to the school (otherwise than for nursery education) on being so transferred.

C4F62

The admission of children to a school for nursery education shall be disregarded—

a

for the purposes of any determination under section F888C or 89 of the number of pupils in any relevant age group that it is intended to admit to a primary school in a school year, and

b

in determining for the purposes of section F988D or 89A what is a relevant age group in relation to a primary school.

3

Subject to subsection (4), nothing in this Chapter F4apart from subsections (4A) and (4B) applies in relation to—

a

nursery schools, or

b

children who will be under compulsory school age at the time of their proposed admission.

4

Where the arrangements for the admission of pupils to a maintained school provide for the admission to the school of children who will be under compulsory school age at the time of their proposed admission, this Chapter shall apply in relation to the admission of such pupils to the school otherwise than for nursery education.

F34A

The person responsible for admitting, or refusing to admit, children to a maintained school for nursery education shall be the person who (by virtue of section 88(1)) is the admission authority for the school.

4B

Regulations may make provision as to the person who is to be responsible for admitting, or refusing to admit, children to maintained nursery schools.

5

Regulations may make provision in connection with the arrangements for the admission of pupils to community or foundation special schools, and for the allocation between the F11local authority and the governing body of such a school of functions in connection with such arrangements.

6

Apart from section F192(c) and (d) and subsection (5) above, nothing in this Chapter applies in relation to special schools.

7

Subject to subsections (8) and (9), nothing in this Chapter applies in relation to children for whom F12EHC plans are maintained under section 37 of the Children and Families Act 2014 orF14individual development plans are maintained under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 in respect of which section 48 of that Act applies (duty to admit children to maintained schools).

8

Any provision made by, or (as the case may be) by virtue of, section 84 or F292(c) and (d) or this sectionF5, apart from subsections (4A) and (4B), applies, or (as the case may be) may be made so as to apply, in relation to such children.

F79

Such children shall, in addition, be taken into account for the purposes of—

a

the references in section 86(5), (5B) and (9) to a number of pupils, and

b

any determination under section F1088C or 89 of the number of pupils in a relevant age group that it is intended to admit, or to admit either as boarders or otherwise than as boarders, to a school in a school year.

10

In subsection (8) the reference to any provision made by this section includes a reference to subsection (4) only so far as it has effect for the purposes mentioned in subsection (9).