http://www.legislation.gov.uk/ukpga/1998/31/section/99School Standards and Framework Act 1998An Act to make new provision with respect to school education and the provision of nursery education otherwise than at school; to enable arrangements to be made for the provision of further education for young persons partly at schools and partly at further education institutions; to make provision with respect to the Education Assets Board; and for connected purposes.1998-07-24texttext/xmlenStatute Law Database2026-04-21Expert Participation2026-04-01 Part III School admissionsChapter II Selection of pupils Partial selection General restriction on selection by ability or aptitude.991. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2The following are for the purposes of section 39(1) of the Education and Inspections Act 2006 permitted forms of selection by ability—aany selection by ability authorised by section 100 (pre-existing arrangements);bany selection by ability authorised by section 101 (pupil banding); andcany selection by ability conducted in connection with the admission of pupils to the school for secondary education suitable to the requirements of pupils who are over compulsory school age.3No admission arrangements for a maintained school may make provision for selection by aptitude unless they make provision for a permitted form of such selection.4The following are permitted forms of selection by aptitude—aany selection by aptitude authorised by section 100 (pre-existing arrangements); andbany selection by aptitude authorised by section 102 (aptitude for particular subjects).5For the purposes of this Chapter—aa school’s admission arrangements make provision for selection by ability or by aptitude if they make provision for all or any of the pupils who are to be admitted to the school in any relevant age group to be so admitted by reference to ability or to aptitude (as the case may be);b“ability” means either general ability or ability in any particular subject or subjects;c“admission arrangements” has the meaning given by section 88(2); andd“maintained school” means a community, foundation or voluntary school.S. 99 wholly in force at 1.4.1999; s. 99 not in force at Royal Assent see s. 145(3); s. 99(1)(2)(5) in force at 1.10.1998 by S.I. 1998/2212, art. 2, Sch. 1 Pt. I, Sch. 2 Pt. I para. 3; s. 99 in force at 1.4.1999 in so far as not already in force by S.I. 1999/1016, art. 2(1), Sch. 1 (with arts. 3-6, Sch. 4).S. 99 applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(c), 2-8.S. 99 applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8.S. 99(5) modified (1.10.1998) (temp.) by S.I. 1998/2230, reg. 2Ss. 95-99 applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(b)Ss. 95-99 applied (with modifications) (W.) (1.2.2006) by The New School (Admissions) (Wales) Regulations 2006 (S.I. 2006/175), regs. 1(1), 9, Sch. (with reg. 2(2))S. 99(1) repealed (27.2.2007 for E., 30.6.2008 for W.) by Education and Inspections Act 2006 (c. 40), ss. 39(4)(a), 188(3), Sch. 18 Pt. 6; S.I. 2006/3400, art. 6(b)(g); S.I. 2008/1429, art. 3(1), Sch. Pt. 1Words in s. 99(2) inserted (27.2.2007 for E., 30.6.2008 for W.) by Education and Inspections Act 2006 (c. 40), ss. 39(4)(b), 188(3); S.I. 2006/3400, art. 6(b); S.I. 2008/1429, art. 3(1), Sch. Pt. 1S. 99(5) applied (29.7.2010) by Academies Act 2010 (c. 32), ss. 6(4), 19(2); S.I. 2010/1937, art. 2, Sch. 1Pt. III excluded (W.) (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 11(1)