The Education Act 1996 (Infant Class Sizes) (Modification) Regulations 1998 No. 1948

SCHEDULE MODIFICATION OF THE 1996 Act

Restriction on power of Secretary of State to determine which school is to be directed to admit child

7.—(1) In section 432 of the 1996 Act, after subsection (4) there shall be inserted the following new subsection

“(4A) The Secretary of State shall not make a determination under subsection (4) in relation to a school if the child’s admission to the school would result in prejudice to the provision of efficient education or the efficient use of resources by reason of any qualifying measures.”.

(2) This paragraph applies at any relevant time falling before the commencement of section 97 of the 1998 Act.