House of Commons Amendments

House of Commons

Session 2007 - 08
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Other Bills before Parliament

1905

House of Commons

Notices of Amendments

given on

Thursday 1st May 2008

For other Amendment(s) see the following page(s) of Supplement to Votes:

1353-62 and 1887-1903

Consideration of Bill

Education and Skills Bill, As Amended

Admission arrangements

Secretary Ed Balls

NC14

To move the following Clause:—

‘(1)
The School Standards and Framework Act 1998 (c. 31) is amended as follows.

(2)
After section 88 insert—

“Admission arrangements: England”.

(3)
In section 88A (prohibition on interviews), in subsections (1) and (3), after

“maintained school” insert “in England”.

(4)
After section 88A insert—

“88B
Admission arrangements relating to children looked after by local

authority

(1)
Regulations may require the admission authorities for maintained

schools in England to include in their admission arrangements such

provision relating to the admission of children who are looked after by a

local authority in England as may be prescribed.

(2)
Regulations under subsection (1) may in particular include provision for

securing that, subject to sections 86(3), 86B(2) and (4) and 87, such

children are to be offered admission in preference to other children.

88C
Procedure for determining admission arrangements

(1)
The admission authority for a maintained school in England must, before

the beginning of each school year, determine in accordance with this

section the admission arrangements which are to apply for that year.

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Education and Skills Bill, continued

(2)
The admission authority must, before determining the admission

arrangements that are to apply for a year, carry out such consultation

about the proposed arrangements as may be prescribed.

(3)
Regulations under subsection (2) may in particular make provision—

(a)
specifying persons who must be consulted, or who must be

consulted about prescribed provisions of proposed

arrangements;

(b)
specifying provisions of proposed arrangements about which

any such consultation is to be carried out;

(c)
specifying matters to which any such consultation is, or is not, to

relate;

(d)
as to the manner in which, and the time by which, any such

consultation is to be carried out.

(4)
When the admission authority have determined the admission

arrangements that are to apply for a year, they must notify the appropriate

bodies of those admission arrangements.

(5)
Regulations may make provision—

(a)
as to the manner in which, and the time by which, any such

notification is to be given;

(b)
specifying cases in which subsection (4) does not apply.

88D
Determination of admission numbers

(1)
A determination under section 88C by the admission authority for a

maintained school in England of the admission arrangements which are

to apply for a school year must include a determination of the number of

pupils in each relevant age group that it is intended to admit to the school

in that year.

(2)
Such a determination under section 88C may also, if the school is one at

which boarding accommodation is provided for pupils, include—

(a)
a determination of the number of pupils in each relevant age

group that it is intended to admit to the school in that year as

boarders, and

(b)
a determination of the number of pupils in each relevant age

group that it is intended to admit to the school in that year

otherwise than as boarders.

(3)
Regulations may make provision about the making of any determination

required by subsection (1), and may in particular require the admission

authority for a maintained school to have regard, in making any such

determination, to—

(a)
any prescribed method of calculation, and

(b)
any other prescribed matter.

(4)
References in this section to the determination of any number include

references to the determination of zero as that number.

88E
Variation of admission arrangements

(1)
Subsection (2) applies where an admission authority—

(a)
have in accordance with section 88C determined the admission

arrangements which are to apply for a particular school year, but

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Education and Skills Bill, continued

(b)
at any time before the end of that year consider that the

arrangements should be varied in view of a major change in

circumstances occurring since they were so determined.

(2)
The authority must—

(a)
refer their proposed variations to the adjudicator, and

(b)
notify the appropriate bodies of the proposed variations.

(3)
Subsection (2)(a) does not apply in a case where the authority’s proposed

variations fall within any description of variations prescribed for the

purposes of this subsection.

(4)
Where the local education authority are the admission authority for a

community or voluntary controlled school, they must consult the

governing body before making any reference under subsection (2)(a).

(5)
On a reference under subsection (2)(a), the adjudicator must consider

whether the admission arrangements should have effect with the

proposed variations until the end of the school year in question.

(6)
If the adjudicator determines—

(a)
that the arrangements should so have effect, or

(b)
that they should so have effect subject to such modification of

those variations as the adjudicator may determine,


the arrangements are to have effect accordingly as from the date of the

adjudicator’s determination.

(7)
Where the adjudicator makes a determination under subsection (6), the

admission authority must notify the appropriate bodies of the variations

subject to which the arrangements are to have effect.

(8)
Regulations may make provision—

(a)
as to the manner in which, and the time by which, any such

notification is to be given;

(b)
specifying cases in which subsection (7) does not apply.

(9)
Regulations may make provision—

(a)
specifying matters which are, or are not, to constitute major

changes in circumstances for the purposes of subsection (1)(b);

(b)
authorising an admission authority, where they have in

accordance with section 88C determined the admission

arrangements which are to apply for a particular school year, to

vary those arrangements to such extent or in such circumstances

as may be prescribed;

(c)
for the application of any of the requirements of, or imposed

under, subsections (2) to (8) to variations proposed to be made

by virtue of paragraph (b), or to any prescribed description of

such variations, as if they were variations proposed to be made

under subsection (1).

88F
Sections 88C to 88E: supplementary

(1)
Regulations may make provision—

(a)
requiring an admission authority who have made a determination

of a prescribed description under section 88C to publish such

information relating to the determination (including information

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Education and Skills Bill, continued

as to the authority’s reasons for making the determination) as

may be prescribed;

(b)
as to such other matters connected with the procedure for

determining or varying admission arrangements under sections

88C to 88E as the Secretary of State considers appropriate.

(2)
The power under paragraph (a) of subsection (1) to require an admission

authority to publish information includes power to require them to

publish it—

(a)
by giving a notice containing the information to prescribed

persons, or

(b)
in any other prescribed manner.

(3)
In sections 88C and 88E, the “appropriate bodies”, in relation to an

admission authority, means—

(a)
whichever of the governing body and the local education

authority are not the admission authority,

(b)
the admission authorities for all other maintained schools in the

relevant area or for such class of schools as may be prescribed;

(c)
the governing bodies for all community and voluntary controlled

schools in the relevant area (so far as not falling within paragraph

(a) or (b)),

(d)
the admission authorities for maintained schools in England of

any prescribed description,

(e)
in the case of a foundation or voluntary school which has a

religious character for the purposes of Part 2, such body or

person representing the religion or religious denomination in

question as may be prescribed,

(f)
the admission forum for the area of the local education authority

in which the school is situated, and

(g)
such other persons as may be prescribed.

(4)
In subsection (3), “the relevant area” means—

(a)
the area of the local education authority in which the school in

question is situated, or

(b)
if regulations so provide, such other area in England (whether

more or less extensive than the area of the local education

authority) as may be determined by or in accordance with the

regulations.

88G
Power to restrict alteration of admission arrangements following

establishment or expansion

(1)
Subsection (2) applies in relation to a maintained school in England

where—

(a)
proposals for the establishment of, or the making of a prescribed

alteration to, the school have been published under Part 2 of the

Education and Inspections Act 2006 (c. 40) or under section

113A of, or Schedule 7 to, the Learning and Skills Act 2000

(c. 21),

(b)
in the case of proposals for the making of a prescribed alteration

to the school, the proposals are for an increase in the number of

pupils that may be admitted to the school or for an enlargement

of the premises,

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Education and Skills Bill, continued

(c)
the proposals fall to be implemented (with or without

modifications), and

(d)
prescribed conditions are satisfied.

(2)
Regulations may provide that, where this subsection applies in relation to

a maintained school—

(a)
the admission arrangements for the initial period and each of a

prescribed number of school years following that period are to be

the arrangements which fall to be implemented in accordance

with the proposals (or in accordance with the proposals as

modified), and

(b)
those arrangements may not be varied by the admission authority

for the school except—

(i)
to comply with any duty imposed on them by regulations

under section 88B, or

(ii)
in accordance with regulations under subsection (5).

(3)
Regulations under subsection (2) may exclude or modify any provision

of section 88C, 88E or 88F 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 88C.

(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—

(a)
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;

(b)
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 (c. 40).

88H
Reference of objections to adjudicator

(1)
This section applies where admission arrangements have been

determined by an admission authority for a maintained school in England

under section 88C.

(2)
Where—

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Education and Skills Bill, continued

(a)
an appropriate person wishes to make an objection about the

admission arrangements, and

(b)
the objection does not fall within any description of objections

prescribed for the purposes of this paragraph,


that person may refer the objection to the adjudicator.

(3)
Where—

(a)
a parent of a prescribed description wishes to make an objection

about the admission arrangements, and

(b)
the objection falls within any description of objections

prescribed for the purposes of this paragraph,


that person may refer the objection to the adjudicator.

(4)
On a reference under subsection (2) or (3) the adjudicator must decide

whether, and (if so) to what extent, the objection should be upheld.

(5)
Regulations may make provision—

(a)
as to any conditions which must be satisfied before—

(i)
an objection can be referred to the adjudicator under

subsection (2) or (3), or

(ii)
the adjudicator is required to determine an objection

referred to him under subsection (3);

(b)
as to circumstances in which the adjudicator is not required to

determine an objection under subsection (4);

(c)
prescribing the steps which may be taken by an admission

authority where an objection has been referred to the adjudicator

under subsection (2) or (3) but has not yet been determined.

(d)
prohibiting or restricting the reference under subsection (2) or

(3), within such period following a decision by the adjudicator

under this section as may be prescribed, of any objection raising

the same (or substantially the same) issues in relation to the

admission arrangements of the school in question.

(6)
In subsection (2), “appropriate person” means—

(a)
a body or person within any of paragraphs (a) to (f) of section

88F(3); or

(b)
any person prescribed for the purposes of this subsection.

88I
Other functions of adjudicator relating to admission arrangements

(1)
This section applies where admission arrangements have been

determined by an admission authority for a maintained school in England

under section 88C.

(2)
Where it appears to the Secretary of State that the admission

arrangements do not, or may not, conform with the requirements relating

to admission arrangements, the Secretary of State may refer the

admission arrangements to the adjudicator.

(3)
Subsection (4) applies where—

(a)
the Secretary of State refers the admission arrangements to the

adjudicator under subsection (2), or

(b)
the adjudicator receives a report under section 88P which,

pursuant to regulations under subsection (5) of that section,

states that the admission arrangements do not, or may not,

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Education and Skills Bill, continued

conform with the requirements relating to admission

arrangements.

(4)
The adjudicator must—

(a)
consider the admission arrangements, and

(b)
decide whether they conform with those requirements and, if not,

in what respect they do not.

(5)
Where it appears to the adjudicator that the admission arrangements do

not, or may not, conform with the requirements relating to admission

arrangements (and subsection (4) does not apply)—

(a)
the adjudicator may consider the admission arrangements, and

(b)
if the adjudicator considers the arrangements under paragraph

(a), the adjudicator must decide whether they conform with those

requirements and, if not, in what respect they do not.

(6)
Regulations may make provision prescribing the steps which may be

taken by an admission authority where the adjudicator—

(a)
is considering the authority’s admission arrangements under

subsection (4)(a) or (5)(a), but

(b)
has not yet made a decision in the case under subsection (4)(b) or

(5)(b) (as the case may be).

88J
Changes to admission arrangements

(1)
This section applies where the adjudicator is required to make a decision

(“the primary decision”)—

(a)
under section 88H(4) on whether to uphold an objection to

admission arrangements, or

(b)
under section 88I(4)(b) or (5)(b) on whether admission

arrangements conform with the requirements relating to

admission arrangements.

(2)
The adjudicator—

(a)
must consider whether it would be appropriate for changes to be

made to any aspect of the admission arrangements in

consequence of the primary decision, and

(b)
may consider whether it would be appropriate for any other

changes to be made to any aspect of the admission arrangements.

(3)
Where the adjudicator decides under subsection (2) that it would be

appropriate for changes to be made to the admission arrangements—

(a)
that decision may specify the modifications that are to be made

to the arrangements, and

(b)
the admission authority must forthwith revise those

arrangements in such a way as to give effect to that decision.

(4)
The adjudicator may—

(a)
decide, in the case of any change required by subsection (3)(b),

that it is to be a protected change for the purpose of section 88L,

and

(b)
where the adjudicator does so but considers that the change

ought not to be protected for the number of years prescribed

under subsection (2) of that section, decide that the change is to

be protected only for such lesser number of school years as the

adjudicator may specify.