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| |
| |
|
| | ““independent educational institution” has the same meaning as in |
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| | Chapter 1 of Part 4 of the Education and Skills Act 2008;”.’. |
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| |
| | |
| Schedule 1, page 87, line 5, leave out paragraph 20 and insert— |
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| | ‘ (1) | Section 11 (publication of proposals to establish maintained schools: special |
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| | cases) is amended as follows. |
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| | (2) | In subsection (3)(a) for “Chapter 1 of Part 10 of EA 2002 (regulation of |
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| | independent schools)” substitute “Chapter 1 of Part 4 of the Education and |
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| | Skills Act 2008 (regulation of independent educational institutions in |
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| | |
| | (3) | In subsection (9) for “approved by the Secretary of State” substitute |
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| | |
| |
| | |
| Schedule 1, page 87, line 10, at end insert— |
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| | ‘ (1) | Section 171 (prohibition on participation in management: transitional |
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| | provision) is amended as follows. |
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| | (2) | In subsection (5), in the definition of “regulations”, for paragraphs (a) and (b) |
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| | substitute “by the Welsh Ministers;”.’. |
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| |
| | |
| Schedule 1, page 87, line 10, at end insert— |
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| | ‘Safeguarding Vulnerable Groups Act 2006 (c. 47) |
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| | (1) | The Safeguarding Vulnerable Groups Act 2006 is amended as follows. |
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| | (2) | In Schedule 4 (regulated activity), paragraph 1(10) is amended as follows. |
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| | (3) | After paragraph (b) insert— |
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| | “(ba) | a body approved under section 90 of the Education and |
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| | Skills Act 2008 (bodies approved to inspect registered |
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| | independent educational institutions in England);”. |
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| | (4) | In paragraph (c) after “school” insert “in Wales”.’. |
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| |
| | |
| Schedule 1, page 87, line 16, at end insert— |
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| | ‘Social Security Administration Act 1992 (c. 5) |
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| | | The Social Security Administration Act 1992 (c. 5) is amended as follows. |
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| | (1) | Section 2A (claim or full entitlement to certain benefits conditional on work- |
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| | focused interviews) is amended as follows. |
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| | (2) | In subsection (8), in the definition of “the designated authority”— |
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| | (a) | after paragraph (c) insert— |
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| | “(ca) | subject to subsection (9), a county council in |
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| | |
| | (b) | in paragraph (d), before “a person” insert “subject to subsection (9),”; |
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| |
| |
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| | (c) | in that paragraph for “any such authority” substitute “any authority |
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| | mentioned in paragraph (c) or (ca)”. |
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| | (3) | After that subsection insert— |
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| | “(9) | A county council in England or a person providing services to, or |
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| | authorised to exercise any function of, such a council may be specified |
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| | as the designated authority only in relation to interviews with persons |
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| | to whom the council is required to make support services available |
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| | under section 54(1) of the Education and Skills Act 2008 (support |
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| | services: provision by local education authorities).” |
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| | (1) | Section 2AA (full entitlement to certain benefits conditional on work-focused |
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| | interview for partner) is amended as follows. |
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| | (2) | In subsection (7), in the definition of “designated authority”— |
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| | (a) | after paragraph (c) insert— |
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| | “(ca) | subject to subsection (8), a county council in |
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| | |
| | (b) | in paragraph (d), before “a person” insert “subject to subsection (8),”; |
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| | (c) | in that paragraph, for “a local authority” substitute “any authority |
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| | mentioned in paragraph (c) or (ca)”. |
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| | (3) | After that subsection insert— |
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| | “(8) | A county council in England or a person providing services to, or |
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| | authorised to exercise any function of, such a council may be specified |
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| | as the designated authority only in relation to interviews with persons |
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| | to whom the council is required to make support services available |
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| | under section 54(1) of the Education and Skills Act 2008 (support |
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| | services: provision by local education authorities).” |
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| | (1) | Section 2C (optional work-focused interviews) is amended as follows. |
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| | (2) | In subsection (1), after “local authorities” insert “or, subject to subsection |
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| | (3A), county councils in England”. |
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| | (3) | In subsection (3), after “a local authority” insert “or on a county council in |
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| | |
| | (4) | After subsection (3) insert— |
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| | “(3A) | Regulations under this section may confer functions on a county |
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| | council in England only in relation to interviews with persons to whom |
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| | the council is required to make support services available under |
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| | section 54(1) of the Education and Skills Act 2008 (support services: |
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| | provision by local education authorities).” ’. |
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| |
| | |
| Schedule 1, page 88, line 5, at end insert— |
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| | ‘School Standards and Framework Act 1998 (c. 31) |
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| | 26A | The School Standards and Framework Act 1998 (c. 31) is amended as follows. |
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| | 26B(1) | Section 86 (parental preferences) is amended as follows. |
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| | (2) | After subsection (1) insert— |
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| | “(1ZA) | Subsection (1) does not apply in relation to— |
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| | (a) | sixth form education, or |
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| | (b) | any other education to be provided for a child who— |
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| | (i) | has ceased to be of compulsory school age, or |
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| |
| |
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| | (ii) | will have ceased to be of compulsory school age |
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| | before the education is provided for him.” |
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| | (3) | In subsection (2), for “subsections (3) and (3A)” substitute “subsection (3)”. |
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| | (4) | Omit subsections (3A) and (3B). |
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| | (5) | In subsection (8), for “subsections (3) and (3A)” substitute “subsection (3)”. |
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| | (6) | In subsection (9), omit “or arrangements such as are mentioned in subsection |
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| | |
| | 26C | In section 87 (no requirement to admit children permanently excluded from |
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| | two or more schools), in subsection (1), for “duty imposed by section 86(2) |
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| | does” substitute “duties imposed by section 86(2) and section 86B(1) do”. |
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| | 26D | In section 89 (procedure for determining admission arrangements), in |
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| | |
| | (a) | for “and (3A)” substitute “, 86B(2) and (4)”, and |
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| | (b) | for “parental” substitute “expressed”. |
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| | 26E | In section 89B (co-ordination of admission arrangements), after subsection (6) |
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| | |
| | “(7) | Nothing in this section applies in relation to arrangements for the |
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| | admission to maintained schools of pupils— |
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| | |
| | (i) | have ceased to be of compulsory school age, or |
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| | (ii) | will have ceased to be of compulsory school age |
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| | before education is provided for them at the school, or |
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| | (b) | for the purpose of receiving sixth form education.” |
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| | |
| | 26G(1) | Section 95 (appeals relating to children to whom section 87 applies) is |
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| | |
| | |
| | (a) | for “the parent of a child” substitute “the appropriate person”, and |
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| | (b) | in paragraph (b), for “the child” substitute “a child”. |
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| | (3) | After that subsection insert— |
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| | “(1A) | In subsection (1), “the appropriate person”, in relation to a child, has |
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| | the same meaning as in section 94.” ’. |
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| |
| | |
| Schedule 1, page 88, line 33, at end insert— |
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| | ‘Education and Inspections Act 2006 (c. 40) |
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| | 30A(1) | In section 180 of the Education and Inspections Act 2006 (functions to be |
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| | exercisable by National Assembly), in subsection (2) after “sections 40 to 54 |
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| | (school admissions);” insert— |
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| | “section 55 (right of sixth-form pupils to opt out of religious worship);”. |
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| | (2) | The amendment made by sub-paragraph (1) is deemed always to have had |
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| | |
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| |
| |
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| |
| | |
| Schedule 2, page 88, line 36, at end insert— |
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| ‘Children Act 1989 (c. 41) |
| In section 87(4)(a) the words “an independent school |
| | | | | | | | | Disability Discrimination Act 1995 |
| | | | | | (a) | paragraph (b) and the word “or” preceding it, |
| | | | | | | | | | (b) | the words “or plan”.’. |
| | |
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| |
| | |
| Schedule 2, page 88, leave out lines 39 and 40. |
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| |
| | |
| Schedule 2, page 89, line 1, at end insert— |
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| | | | | | | (a) | subsections (3A) and (3B), and |
| | | | | (b) | in subsection (9), the words “or |
| | | | | arrangements such as are mentioned in |
| | | | | | | | | | | | | | | In Schedule 30, paragraph 60.’ |
| | |
|
| |
| | |
| Schedule 2, page 89, line 8, column 2, at beginning insert— |
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| | | | | | | | | | | | (b) | in subsection (2), paragraph (b) and the word |
| | | | | | | |
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| |
| |
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| |
| | |
| Schedule 2, page 89, line 11, at end insert— |
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| | | | | | | | | | | | (a) | in subsection (1)(a), the words “for Wales” |
| | | | | | | | | | (b) | in subsection (5), the definition of “the Chief |
| | | | | | | | | | In section 164, in subsections (1), (2)(a) (in both |
| | | | | places), (3), (4), (9), (11) and (12), the words “for |
| | | | | | | | | | In section 165(1)(a), the words “162A or”. |
| | | | | | | | | | | | | | | (b) | in paragraph (b), the words “in relation to |
| | | | | | | | | | | | | | | (a) | in the definition of “Chief Inspector”, |
| | | | | paragraph (a) and in paragraph (b) the words |
| | | | | “in relation to a school in Wales”, |
| | | | | (b) | the definition of “early years provision”, and |
| | | | | (c) | in the definition of “the register”, paragraph |
| | | | | (a) and in paragraph (b) the words “in |
| | | | | relation to a school in Wales”. |
| | | | | In Schedule 4, paragraphs 3(2), (5) and (7) and 8(7). |
| | | | | In Schedule 7, paragraph 5(2)(a).’. |
| | |
|
| |
| | |
| Schedule 2, page 89, line 12, at end insert— |
|
| ‘Education Act 2005 (c. 18) |
| In section 59(1), at the end of paragraph (d), the word |
| | | | | | | | | | In Schedule 8, paragraphs 2 and 4. |
| | | | Childcare Act 2006 (c. 21) |
| | | | | Education and Inspections Act |
| In Schedule 14, paragraphs 73(3) and 75.’. |
| | | | | | | |
|
| | Sixth form admissions etc |
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| |
| | |
| To move the following Clause:— |
|
| | ‘After section 86 of the School Standards and Framework Act 1998 (c. 31) |
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| | (parental preferences) insert— |
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| | “86A | Preferences relating to sixth-form education: local education |
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| | |
| | (1) | A local education authority shall make arrangements for enabling— |
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| |
| |
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| | (a) | a child in the authority’s area to express a preference as to the |
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| | school at which he wishes sixth form education to be provided |
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| | for him in the exercise of the authority’s functions, |
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| | (b) | a parent of such a child to express a preference as to the school |
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| | at which he wishes sixth form education to be so provided for his |
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| | |
| | (c) | a relevant child to express a preference as to the school at which |
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| | he wishes education other than sixth form education to be |
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| | provided for him in the exercise of the authority’s functions, and |
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| | (d) | a parent of such a child to express a preference as to the school |
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| | at which he wishes such education to be so provided for his child, |
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| | | and, in each case, for enabling the person expressing the preference to |
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| | give reasons for his preference. |
|
| | (2) | In subsection (1), “relevant child”, in relation to a local education |
|
| | authority and any education, means a child in the authority’s area who— |
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| | (a) | has ceased to be of compulsory school age, or |
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| | (b) | will have ceased to be of compulsory school age before the |
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| | education in question is provided for him. |
|
| | (3) | Arrangements made under subsection (1) shall allow— |
|
| | (a) | a person who is to be able to express a preference under any of |
|
| | paragraphs (a) to (d) of that subsection to express preferences for |
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| | |
| | (b) | preferences to be expressed, in relation to a child, by both the |
|
| | child and a parent of his. |
|
| | |
| | (a) | the arrangements for the admission of pupils to a maintained |
|
| | school provide for applications for admisssion to be made to (or |
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| | to a person acting on behalf of) the governing body of the school, |
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| | |
| | (b) | a child (whether or not in the area of the authority maintaining |
|
| | the school) or his parent makes such an application, |
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| | | that person shall be regarded for the purposes of this Chapter as having |
|
| | expressed a preference for that school in accordance with arrangements |
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| | made under subsection (1). |
|
| | (5) | Regulations may provide, in cases where a school operates arrangements |
|
| | for entry to the sixth form of children who have been admitted to the |
|
| | school, for a child who has been admitted to the school, or his parent, to |
|
| | be regarded, in prescribed circumstances, for the purposes of this Chapter |
|
| | as having expressed a preference for sixth form education to be provided |
|
| | for the child at the school in accordance with arrangements made under |
|
| | |
| | 86B | Duty in relation to preferences expressed under section 86A: |
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| | admission authorities of maintained schools |
|
| | (1) | Subject to subsections (2) and (4) and section 87, the admission authority |
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| | for a maintained school shall comply with any preference expressed in |
|
| | accordance with arrangements made under section 86A(1). |
|
| | (2) | The duty imposed by subsection (1) does not apply if compliance with |
|
| | the preference would prejudice the provision of efficient education or the |
|
| | efficient use of resources. |
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|
|
| |
| |
|
| | (3) | Subsections (5) to (5B) of section 86 apply for the purpose of |
|
| | determining whether any prejudice should be taken to arise for the |
|
| | purposes of subsection (2), but with the substitution of references to that |
|
| | subsection for references to subsection (3)(a) of section 86. |
|
| | (4) | The duty imposed by subsection (1) does not apply in a case where a |
|
| | preference is expressed in relation to sixth form education if— |
|
| | (a) | the relevant selection arrangements for the preferred school are |
|
| | wholly based on selection by reference to ability or aptitude, and |
|
| | (b) | compliance with the preference would be incompatible with |
|
| | selection under those arrangements. |
|
| | (5) | Where the relevant selection arrangements for a school provide for all |
|
| | pupils selected under the arrangements to be selected by reference to |
|
| | ability or aptitude, those arrangements shall be taken for the purposes of |
|
| | subsection (4)(a) to be wholly based on selection by reference to ability |
|
| | or aptitude whether or not they also provide for the use of additional |
|
| | criteria in circumstances where the number of children in a relevant age |
|
| | group who are assessed to be of the requisite ability or aptitude is greater |
|
| | than the number of pupils which it is intended to admit to the school in |
|
| | |
| | (6) | In this section “the relevant selection arrangements”, in relation to a |
|
| | |
| | (a) | the arrangements for admission to the school for sixth form |
|
| | |
| | (b) | those arrangements and the arrangements for entry to the sixth |
|
| | form of children who have been admitted to the school.” ’. |
|
| | Sixth form admissions etc: appeals |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Section 94 of the School Standards and Framework Act 1998 (c. 31) (appeal |
|
| | arrangements: general) is amended as follows. |
|
| | |
| | (a) | for “the parent of a child” substitute “the appropriate person”; |
|
| | (b) | before paragraph (a) insert— |
|
| | “(za) | in a case where the local education authority are the |
|
| | admissions authority, any decision made by or on behalf |
|
| | of the authority refusing a child admission to a school,”; |
|
| | |
| | (i) | for “any decision” substitute “any other decision”, and |
|
| | (ii) | for “the child” substitute “a child”; |
|
| | (d) | in paragraph (b), for “the child” substitute “a child”. |
|
| | (3) | In subsection (1A), for “the parent of” substitute “the appropriate person in |
|
| | |
| | |
| | (a) | for “the parent of a child” substitute “the appropriate person”; |
|
| | (b) | for “the child” substitute “a child”. |
|
|