64Functions of adjudicator in relation to admission numbers(1)

The School Standards and Framework Act 1998 is amended as follows.

(2)

After section 88I insert—

88IAChanges to admission numbers(1)

This section applies where—

(a)

an objection about the admission arrangements for a school is referred to the adjudicator under section 88H(2),

(b)

the objection relates wholly or partly to an admission number specified in the arrangements, and

(c)

the adjudicator decides to uphold any aspect of the objection that relates to that number.

(2)

This section also applies where—

(a)

the Secretary of State refers the admission arrangements for a school to the adjudicator under section 88I(2),

(b)

the Secretary of State does so wholly or partly on the basis that an admission number specified in the arrangements does not, or may not, conform with the requirements relating to admission arrangements, and

(c)

the adjudicator decides that the admission number does not conform with those requirements.

(3)

The adjudicator may, as part of the decision, determine the revised admission number that is to be specified in the admission arrangements.

(4)

The adjudicator may, as part of the decision, also determine the corresponding admission number that is to be specified in the school’s admission arrangements for the school year following the one to which the objection or reference relates.

(5)

In making a determination under subsection (3) or (4), the adjudicator must take into account the potential impact of the determination on—

(a)

the quality of education provided at—

(i)

the school in question, and

(ii)

other schools within the relevant area, and

(b)

the ability to give effect to parental preference for—

(i)

the school in question, and

(ii)

other schools within the relevant area.

(6)

Before determining an admission number under subsection (3) or (4) that is lower than the admission number specified in the admission arrangements to which the objection or reference relates, the adjudicator must consult and have regard to the views of the following persons about alternatives to lowering the admission number—

(a)

the local authority for each school within the relevant area,

(b)

the admission authority for the school in question, if different from the local authority for the school, and

(c)

the Secretary of State.

(7)

An admission number determined under subsection (3) or (4) and specified in admission arrangements is subject to variation under or by virtue of section 88E.

(8)

Regulations may make provision—

(a)

specifying persons whom the adjudicator must consult before making a determination under subsection (3) or (4);

(b)

specifying further matters which the adjudicator must, or must not, take into account in making a determination under subsection (3) or (4);

(c)

preventing the adjudicator from making such a determination if it would have an effect specified in the regulations.

(9)

In this section—

“admission number”, in relation to a school, means the number of pupils in a relevant age group that it is intended to admit to the school in a school year;

“relevant area”, in relation to a school, has the same meaning as in section 88F (see subsection (4) of that section).

(10)

In relation to a school at which boarding accommodation is provided for pupils, references in this section to an admission number include—

(a)

the number of pupils in a relevant age group that it is intended to admit to the school in a school year as boarders, and

(b)

the number of pupils in a relevant age group that it is intended to admit to the school in a school year otherwise than as boarders.

(3)

In section 86 of the School Standards and Framework Act 1998 (parental preferences), after subsection (5B) insert—(5C)

For the purposes of subsections (5) to (5B), a number specified in admission arrangements as a result of a determination by the adjudicator under section 88IA(3) or (4) is to be treated as having been determined under section 88C.

(4)

In section 88K (sections 88H and 88I: supplementary)—

(a)

in the heading, for “and 88I” substitute “, 88I and 88IA”, and

(b)

in subsection (5), for “section 88I” substitute “sections 88I and 88IA”.