8.—(1) In section 439 of the 1996 Act, after subsection (4) there shall be inserted the following new subsection
“(4A) A local education authority shall not specify a school in a notice under section 438(2) if the admission of the child concerned would result in prejudice to the provision of efficient education or the efficient use of resources by reason of any qualifying measures (as defined in section 411(10)).”.
(2) This paragraph applies at any relevant time falling before the commencement of paragraph 115(4) of Schedule 30 to the 1998 Act.