Office of Public Sector Information
PART 3 continued
(3) Regulations under subsection (2) may exclude or modify any provision of section 89 (other than section 89(1A)) in its application to cases to which the regulations apply.
(4) Regulations under subsection (2) may provide that in cases to which the regulations apply the admission arrangements which fall to be implemented in accordance with the proposals (or in accordance with the proposals as modified) are to be treated for the purposes of section 86(5) to (5B) as having been determined by the admission authority under section 89.
(5) Regulations may prescribe circumstances in which an admission authority may refer to the adjudicator proposals to vary admission arrangements in cases to which regulations under subsection (2) apply.
(6) Regulations may make provision as to the determination by the adjudicator of any reference made by virtue of subsection (5).
(7) In this section—
“initial period” means—
in relation to a maintained school which is being established, the period beginning with the day on which the school opens and ending with the beginning of the first school term to begin after the following July;
in relation to a maintained school which is increasing the number of pupils that may be admitted to the school or enlarging its premises, the period beginning with the first day on which additional pupils may be admitted or (as the case may be) the enlarged premises are in use and ending with the beginning of the first school term to begin after the following July;
“prescribed alteration” means an alteration prescribed for the purposes of section 18 of the Education and Inspections Act 2006.”
(3) After section 90 of SSFA 1998 insert—
(1) Where in accordance with section 90(8) the admission authority for a maintained school in England have revised any provisions of admission arrangements for a school year, this section applies except to the extent that the adjudicator or the Secretary of State determined under section 90(5B)(c), in relation to any change required, that this section was not to apply.
(2) In this section—
“the protected provisions” in relation to any admission arrangements, means provisions corresponding to those revised in accordance with section 90(8) or regulations under subsection (6) (as so revised);
“the required number” means such number as may be prescribed or such lesser number as is specified by the adjudicator or the Secretary of State under section 90(5B)(c) in relation to a particular change.
(3) The admission authority for the school—
(a) must incorporate the protected provisions in determining the admission arrangements for each of the required number of school years following the school year in relation to which the revision in accordance with section 90(8) was made, and
(b) may not vary those arrangements in such a way as to alter the protected provisions.
(4) Subsection (3) does not apply to the extent that—
(a) the admission authority are required to determine or vary their admission arrangements in a way which alters the protected provisions in order to comply with any duty imposed on them by regulations under section 89(1A), or
(b) the arrangements may be determined or varied in a way which alters those provisions in accordance with regulations under subsection (6).
(5) Regulations may exclude or modify any provision of section 89 (other than section 89(1A)) in its application to cases to which this section applies.
(6) Regulations may prescribe circumstances in which an admission authority to whom subsection (3) applies may refer to the adjudicator proposals to determine or vary their admission arrangements in a way which alters the protected provisions.
(7) Regulations may make provision as to the determination by the adjudicator of any reference made by virtue of subsection (6).”
(1) Section 90 of SSFA 1998 (reference of objections to adjudicator or Secretary of State) is amended as follows.
(2) After subsection (5) insert—
“(5A) Where the adjudicator or the Secretary of State is required by virtue of subsection (3)(a) or (b) or (5)(c) to decide whether to uphold an objection to admission arrangements, he may consider whether it would be appropriate for changes to be made to any aspect of the admission arrangements, whether or not he would be required to do so for the purpose of determining the objection.
(5B) In the case of any objection referred to him under this section, the adjudicator or the Secretary of State (as the case may be) must publish a report containing the following—
(a) his decision on the objection,
(b) any decision he has made on whether it would be appropriate for changes to be made to the admission arrangements, whether in the light of his decision on the objection or otherwise,
(c) if, in relation to a maintained school in England, he considers that any change required ought not to be protected under section 90A for the number of school years prescribed under section 90A(2), that section 90A is not to apply to that change or that the change will be protected only for such lesser number of school years as he may specify, and
(d) his reasons for the decisions mentioned in paragraphs (a) to (c).
(5C) Where the adjudicator or the Secretary of State (as the case may be) decides that it would be appropriate for changes to be made to the admission arrangements, his decision may specify the modifications that are to be made to the arrangements.”
(3) Subsections (6) and (7) are omitted.
(4) For subsection (8) substitute—
“(8) The decisions of the adjudicator or the Secretary of State mentioned in subsection (5B)(a) and (b) shall, in relation to the admission arrangements in question, be binding on the admission authority and on all persons by whom an objection may be made under subsection (1) or (2); and, if the adjudicator or the Secretary of State has decided that it would be appropriate for changes to be made to the admission arrangements, those arrangements shall forthwith be revised by the admission authority in such a way as to give effect to the decision.”
(5) In subsection (9)—
(a) after paragraph (b) insert—
“(ba) requiring an admission authority for a maintained school in England to provide information which—
(i) falls within a prescribed description, and
(ii) is requested by the adjudicator or the Secretary of State for the purposes of his functions under this section;”, and
(b) in paragraph (c) for “any matters required to be published under subsection (7) are” substitute “a report required to be published under subsection (5B) is”.
(6) Omit subsection (10) (which has the effect of requiring certain cases to be referred by the adjudicator to the Secretary of State).
(1) In section 95 of SSFA 1998 (appeals relating to children to whom section 87(2) applies) after subsection (2) insert—
“(2A) Subsection (2) does not apply in relation to a decision made by or on behalf of a local education authority in England to admit to a school a child who is looked after by a local authority in England (provision for references to the adjudicator in relation to such a decision being made by section 95A).”
(2) After that section insert—
(1) This section applies where—
(a) a local education authority in England are the admission authority for a community or voluntary controlled school, and
(b) a decision is made by or on behalf of the authority to admit to the school a child who, at the time when the decision is made, is looked after by a local authority in England and to whom (at that time) section 87(2) applies.
(2) The local education authority must give notice of the decision to the governing body of the school.
(3) The governing body of the school may, within the period of seven days beginning with the day on which they are notified of the decision, refer the matter to the adjudicator.
(4) A reference under subsection (3) may only be made on the ground that the admission of the child to the school would seriously prejudice the provision of efficient education or the efficient use of resources.
(5) If the adjudicator determines that the admission of the child to the school would have the effect mentioned in subsection (4)—
(a) the decision to admit the child to the school shall cease to have effect, but
(b) the adjudicator may determine that another maintained school in England is to be required to admit the child.
(6) A determination under subsection (5)(b) may only be made with the agreement of the local authority who look after the child.
(7) A determination under subsection (5)(b) may not be made if—
(a) the child is permanently excluded from the other school, or
(b) the admission of the child to the other school would seriously prejudice the provision of efficient education or the efficient use of resources.
(8) If the adjudicator determines under subsection (5)(b) that another school is to be required to admit the child—
(a) the admission authority for the school shall admit the child to the school, and
(b) if the admission authority are not the governing body of the school, the admission authority shall give notice in writing to the governing body and head teacher of the school of the adjudicator’s decision.
(9) Regulations may make provision—
(a) requiring the adjudicator to consult prescribed persons or persons of a prescribed description before making any determination in connection with a reference under this section;
(b) requiring an admission authority for a maintained school to provide information which—
(i) falls within a prescribed description, and
(ii) is requested by the adjudicator for the purposes of any such determination.”
In section 97 of SSFA 1998 (procedure for giving directions under section 96)—
(a) in subsection (2)(b)—
(i) for “the Secretary of State” (in both places where it occurs) substitute “the appropriate authority”, and
(ii) for “his determination” substitute “its determination”,
(b) in subsection (3), for “the Secretary of State” substitute “the appropriate authority”,
(c) in subsection (4)—
(i) for “the Secretary of State” substitute “the appropriate authority”,
(ii) for “if he does so” substitute “if it does so”, and
(iii) in paragraph (a)(ii) for “the Secretary of State's” substitute “the appropriate authority's”,
(d) in subsection (5) for “The Secretary of State” substitute “The appropriate authority”, and
(e) after subsection (6) insert—
“(6A) In this section, “the appropriate authority” means—
(a) in relation to a local education authority in England, the adjudicator, and
(b) in relation to a local education authority in Wales, the Assembly.”
(1) After section 97 of SSFA 1998 insert—
(1) A local authority in England may, in relation to a child looked after by them, give a direction under this section to the admission authority for any school in England other than a school for which the local authority are the admission authority.
(2) A direction under this section shall not specify a school from which the child is permanently excluded.
(3) Where a school is specified in a direction under this section, the admission authority shall admit the child to the school.
(4) Subsection (3) does not affect any power to exclude from a school a pupil who is already a registered pupil there.
(1) Before deciding to give a direction under section 97A, the local authority shall consult the admission authority for the school they propose to specify in the direction.
(2) The admission authority for the school shall, within the period of seven days beginning with the day on which they are consulted as mentioned in subsection (1), inform the local authority whether they are willing to admit the child to the school without being directed to do so by the authority.
(3) Where the local authority decide to give a direction under section 97A specifying a school—
(a) they shall, before doing so, serve a notice in writing of their decision on—
(i) the admission authority for the school,
(ii) if the school is a community or voluntary controlled school and the governing body of the school are not the admission authority, the governing body of the school,
(iii) if the school is maintained by a local education authority who are not the authority proposing to give the direction and are not the admission authority, the local education authority who maintain the school, and
(iv) the head teacher of the school, and
(b) they shall not give the direction until the period for referring the matter to the adjudicator under subsection (4) has expired and, if it is so referred, until the adjudicator has made such determinations under this section as it appears to him to be appropriate to make in connection with the reference.
(4) The following persons—
(a) the admission authority on whom a notice is served under subsection (3)(a)(i), and
(b) in the case of a notice relating to a child to whom (at the time of service of the notice) section 87(2) applies, the governing body of a community or voluntary controlled school on whom the notice is served under subsection (3)(a)(ii),
may, within the period of seven days beginning with the day on which the notice was served, refer the matter to the adjudicator and, if they do so, shall inform the local authority.
(5) A reference under subsection (4) may only be made on the ground that the admission of the child to the school would seriously prejudice the provision of efficient education or the efficient use of resources.
(6) If the adjudicator determines that the admission of the child to the school would have the effect mentioned in subsection (5)—
(a) the local authority may not give a direction under section 97A that the school admit the child, but
(b) the adjudicator may determine that another school in England is to be required to admit the child.
(7) A determination under subsection (6)(b) may only be made with the agreement of the local authority who look after the child.
(8) A determination under subsection (6)(b) may not be made if—
(a) the child is permanently excluded from the other school, or
(b) the admission of the child to the other school would seriously prejudice the provision of efficient education or the efficient use of resources.
(9) If the adjudicator determines under subsection (6)(b) that another school is to be required to admit the child, then—
(a) if the local authority referred to in subsection (1) are the admission authority for that school they shall—
(i) admit the child to the school, and
(ii) give notice in writing to the governing body and head teacher of the school of the adjudicator’s decision, and
(b) in any other case, the local authority shall specify that school in their direction under section 97A.
(10) A direction under section 97A shall be given by notice in writing and a copy of the notice shall be given by the local authority to the head teacher of the school.”
(2) In section 84 of SSFA 1998, after subsection (6) (which defines terms used in Chapter 1 of Part 3 of that Act) insert—
“(7) In this Chapter, references to a child who is looked after by a local authority are to be read in accordance with section 22(1) of the Children Act 1989.”
(3) In section 89 of SSFA 1998, in subsection (1A) omit the words “(within the meaning of section 22 of the Children Act 1989)”.
(4) In section 143 of SSFA 1998 (index) after the entry relating to “child (in Chapter 1 of Part 3 but not in sections 96 and 97)” insert—
| “child looked after by a local authority (in Chapter 1 of Part 3) | section 84(7).” |
(1) In section 94 of SSFA 1998 (appeal arrangements: general), in subsection (1)(a) after “section 96” insert “or 97A”.
(2) In section 96 of SSFA 1998 (direction to admit child to specified school)—
(a) in subsection (3) for “the Secretary of State” substitute “the appropriate authority (within the meaning of section 97)”, and
(b) in subsection (8) for “section 97” substitute “sections 97 to 97C”.
(3) After section 97B of SSFA 1998 (inserted by section 50) insert—
Regulations may make provision in relation to England—
(a) requiring the adjudicator to consult prescribed persons or persons of a prescribed description before making any determination in connection with a reference under section 97 or 97B;
(b) requiring an admission authority for a school to provide information which—
(i) falls within a prescribed description, and
(ii) is requested by the adjudicator for the purposes of any such determination.”
(1) After section 97C of SSFA 1998 (inserted by section 51) insert—
(1) The Assembly may by regulations make provision about the admission of children looked after by local authorities in Wales (“looked after children”) to maintained schools in Wales.
(2) Regulations under subsection (1) may include provision requiring the admission authorities for such schools—
(a) to include in their admission arrangements such provision relating to the admission of looked after children as may be prescribed, which may in particular include provision for securing that, subject to prescribed exceptions, such children are to be offered admission in preference to other children;
(b) to admit looked after children in prescribed circumstances, subject to prescribed exceptions.
(3) Regulations under subsection (1) may provide that any of the preceding provisions of this Chapter—
(a) shall not apply in relation to looked after children;
(b) shall apply in relation to such children with prescribed modifications.”
(2) In section 89 of that Act, in subsection (1A)—
(a) after “maintained schools” insert “in England”, and
(b) after “a local authority” insert “in England”.
(1) Section 100 of SSFA 1998 (permitted selection: pre-existing arrangements) is amended as follows.
(2) In subsection (1) for the words from “so long as” to the end of the subsection substitute “so long as—
(a) the proportion of selective admissions in any relevant age group does not exceed the permitted proportion (as defined by subsection (1A)), and
(b) there is no significant change in the basis of selection.”
(3) After subsection (1) insert—
“(1A) In subsection (1)(a), “the permitted proportion”, in relation to any relevant age group, means the lowest proportion of selective admissions provided for by the school’s admission arrangements at any time since the beginning of the 1997-1998 school year.”
(1) In section 101 of SSFA 1998 (permitted selection: pupil banding)—
(a) in subsection (1)—
(i) for “subsections (2) to (4)” substitute “subsections (2) and (2A)”, and
(ii) after “a maintained school” insert “in England or Wales”,
(b) after subsection (1) insert—
“(1A) Subject to subsections (2) and (2A), the admission authority for a maintained school in England may make provision for selection by ability to the extent that the arrangements are designed to secure—
(a) that in any year the pupils admitted to the school in any relevant age group are representative of all levels of ability among such one of the following groups as the admission arrangements may specify (“the reference group”)—
(i) children who are applicants for admission in that age group to any of two or more schools (including the school in question) in the area of the local education authority,
(ii) children in that age group who live in the area of the local education authority, or
(iii) children in that age group who live in England, and
(b) that no level of ability is substantially over-represented or substantially under-represented by comparison with its representation in the reference group.”,
(c) in subsection (2) for “Subsection (1)” substitute “Subsection (1) or (1A)”,
(d) after subsection (2) insert—
“(2A) If the admission authority for a maintained school in England is the local education authority, the authority may only introduce such provision for selection by ability as is mentioned in subsection (1) or (1A) with the consent of the governing body of the school.”,
(e) in subsection (3), after “maintained school” insert “in Wales”,
(f) in subsection (4), for the words from the beginning to “any school” substitute “In the case of a school in Wales, admission arrangements to which subsection (1) applies are not authorised”, and
(g) in subsection (5), for “subsection (1)” substitute “subsection (1) or (1A)”.
(2) In section 102 of SSFA 1998 (permitted selection: aptitude for particular subjects), in subsection (3), for “section 101(1)” substitute “section 101(1) or (1A)”.
(3) In section 103 of SSFA 1998 (permitted selection: introduction, variation or abandonment of provision for such selection)—
(a) in subsection (2) for “constitutes a prescribed alteration for the purposes of section 28” substitute “constitutes—
(a) in relation to England, a prescribed alteration for the purposes of section 18 of the Education and Inspections Act 2006, and
(b) in relation to Wales, a prescribed alteration for the purposes of section 28”, and
(b) in subsection (3) —
(i) for “section 101(1)” substitute “section 101(1) or (1A)”, and
(ii) for “the objectives mentioned in section 101(1)(a) and (b)” substitute “the objectives mentioned in section 101(1)(a) and (b), section 101(1A)(a)(i) and (b), section 101(1A)(a)(ii) and (b) or section 101(1A)(a)(iii) and (b)”.
(1) Section 71 of SSFA 1998 (which, in relation to religious education and attendance at religious worship, makes provision for exceptions and special arrangements, and for special schools) is amended as follows.
(2) For subsection (1) substitute—
“(1) If the parent of a pupil at a community, foundation or voluntary school requests that he may be wholly or partly excused from receiving religious education given at the school in accordance with the school’s basic curriculum, the pupil shall be so excused until the request is withdrawn.
(1A) If the parent of any pupil at a community, foundation or voluntary school other than a sixth-form pupil requests that he may be wholly or partly excused from attendance at religious worship at the school, the pupil shall be so excused until the request is withdrawn.
(1B) If a sixth-form pupil requests that he may be wholly or partly excused from attendance at religious worship at a community, foundation or voluntary school, the pupil shall be so excused.”
(3) In subsection (2), for “subsection (1)” substitute “subsections (1) to (1B)”.
(4) In subsection (3), after “subsection (1)” insert “or (1A)”.
(5) In subsection (5), after “voluntary school” insert “and is not a sixth-form pupil”.
(6) After subsection (5) insert—
“(5A) Where a sixth-form pupil who is a boarder at a community, foundation or voluntary school requests that he be permitted—
(a) to receive religious education in accordance with the tenets of a particular religion or religious denomination outside school hours, or
(b) to attend worship in accordance with such tenets on Sundays or other days exclusively set apart for religious observance by the religious body to which the pupil belongs,
the governing body shall make arrangements for giving the pupil reasonable opportunities for doing so.”
(7) In subsection (6), after “subsection (5)” insert “or (5A)”.
(8) For subsection (7) substitute—
“(7) Regulations shall make provision for ensuring that, so far as practicable, every pupil attending a community or foundation special school—
(a) receives religious education unless withdrawn from receiving such education in accordance with the wishes of his parent, and
(b) attends religious worship unless withdrawn from attendance at such worship—
(i) in the case of a sixth-form pupil, in accordance with his own wishes, and
(ii) in any other case, in accordance with the wishes of his parent.”
(9) After subsection (7) insert—
“(8) In this section “sixth-form pupil” means any pupil who—
(a) has ceased to be of compulsory school age, and
(b) is receiving education suitable to the requirements of pupils over compulsory school age.”
(1) In section 451 of EA 1996 (prohibition of charges for provision of education) for subsection (3) substitute—
“(3) Regulations may prescribe circumstances in which subsection (2) does not apply in relation to tuition in singing or in playing a musical instrument.”
(2) In section 456 of EA 1996 (regulation of permitted charges), in subsection (6), after “tuition in” insert “singing or in”.
Education and Inspections Act 2006