House of Commons Amendments

House of Commons

Session 2007 - 08
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Notices of Amendments: 1st May 2008
1912

Education and Skills Bill, continued

88K
Sections 88H to 88J: supplementary

(1)
Subsection (2) applies to any decision of the adjudicator—

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

admission arrangements,

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

arrangements conform with the requirements relating to

admission arrangements, or

(c)
under section 88J(2) as to whether or not it would be appropriate

for changes to be made to admission arrangements.

(2)
Any decision of the adjudicator to which this subsection applies is

binding on—

(a)
the admission authority in question, and

(b)
all persons by whom an objection may be referred to the

adjudicator under section 88H(2) or (3) in relation to the

admission arrangements.

(3)
In the case of a decision mentioned in subsection (1)(a) or (b), the

adjudicator must publish a report containing the following—

(a)
the adjudicator’s decision on the objection or (as the case may

be) on whether the admission arrangements conform with the

requirements relating to admission arrangements,

(b)
the decision of the adjudicator under section 88J(2)(a), and any

decision of the adjudicator under section 88J(2)(b), on whether it

would be appropriate for changes to be made to the admission

arrangements,

(c)
any decision of the adjudicator—

(i)
under section 88J(4)(a) that a change is to be a protected

change for the purposes of section 88L, or

(ii)
under section 88J(4)(b) that a change is to be protected

only for such lesser number of school years as the

adjudicator may specify, and

(d)
the adjudicator’s reasons for the decisions mentioned in

paragraphs (a) to (c).

(4)
Regulations may make provision—

(a)
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 for the purposes of the

exercise by the adjudicator of functions under sections

88H to 88J or this section or of enabling the adjudicator

to decide whether to exercise the power conferred by

section 88I(5);

(b)
as to the manner in which a report required to be published under

subsection (3) is to be published;

(c)
requiring such matters to be notified to such persons, and in such

manner, as may be prescribed;

(d)
prescribing circumstances in which an admission authority may

revise the admission arrangements for their school in the light of

any decision by the adjudicator relating to the admission

arrangements for another school, and the procedure to be

followed in such a case.

Notices of Amendments: 1st May 2008
1913

Education and Skills Bill, continued

(5)
In sections 88I and 88J and this section “the requirements relating to

admission arrangements” means the requirements imposed by or under

this Part as to the content of admission arrangements for maintained

schools in England.

88L
Restriction on alteration of admission arrangements following

adjudicator’s decision

(1)
This section applies where—

(a)
in accordance with section 88J(3)(b) the admissions authority for

a maintained school in England have revised any provisions of

admission arrangements for a school year, and

(b)
the revisions include any protected change.

(2)
In this section—

“protected change” means a change which the adjudicator has decided

under section 88J(4)(a) is to be a protected change for the purposes of this

section;

“the protected provisions”, in relation to any admission arrangements,

means provisions corresponding to—

(c)
provisions so far as implementing a protected change, or

(d)
provisions so far as revised in accordance with regulations under

subsection (6);

“the required number” means such number as may be prescribed or such

lesser number as is specified by the adjudicator under section 88J(4)(b)

in relation to a particular protected 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 mentioned in subsection

(1)(a), 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 88B, 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 88C, 88E or

88F in its application to cases to which this section applies.

(6)
Regulations may prescribe circumstances in which, in a case where this

section applies, an admission authority 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).

Notices of Amendments: 1st May 2008
1914

Education and Skills Bill, continued

88M
Co-ordination of admission arrangements

(1)
Regulations may require a local education authority in England—

(a)
to formulate, for any academic year in relation to which

prescribed conditions are satisfied, a qualifying scheme for co-

ordinating the arrangements for the admission of pupils to

maintained schools in their area, and

(b)
to take prescribed action with a view to securing the adoption of

the scheme by themselves and each governing body who are the

admission authority for a maintained school in their area.

(2)
Subject to subsection (3), the Secretary of State may make, in relation to

the area of a local education authority in England and an academic year,

a scheme for co-ordinating the arrangements, or assisting in the co-

ordination of the arrangements, for the admission of pupils to maintained

schools in that area.

(3)
A scheme may not be made under subsection (2) in relation to a local

education authority and an academic year if, before the prescribed date in

the year preceding the year in which that academic year commences—

(a)
a scheme formulated by the local education authority in

accordance with subsection (1) is adopted in the prescribed

manner by the persons mentioned in paragraph (b) of that

subsection, and

(b)
the authority provide the Secretary of State with a copy of the

scheme and inform the Secretary of State that the scheme has

been so adopted.

(4)
Regulations may provide—

(a)
that each local education authority in England must secure that,

subject to such exceptions as may be prescribed, no decision

made by any admission authority for a maintained school in their

area to offer or refuse a child admission to the school is to be

communicated to the parent of the child except on a single day,

designated by the local education authority, in each year, or

(b)
that, subject to such exceptions as may be prescribed, a decision

made by the admission authority for a maintained school in

England to offer or refuse a child admission to the school is not

to be communicated to the parent of the child except on a

prescribed day.

(5)
In this section

“academic year” means a period commencing with 1st August and ending

with the next 31st July;

“qualifying scheme” means a scheme that meets prescribed requirements.

(6)
Nothing in this section applies in relation to arrangements for the

admission to maintained schools of pupils—

(a)
who—

(i)
have ceased to be of compulsory school age, or

(ii)
will have ceased to be of compulsory school age before

education is provided for them at the school, or

(b)
for the purpose of receiving sixth form education.

Notices of Amendments: 1st May 2008
1915

Education and Skills Bill, continued

88N
Further provision about schemes adopted or made by virtue of section

88M

(1)
Regulations may make provision about the contents of schemes under

section 88M(2), including provision about the duties that may be

imposed by such schemes on—

(a)
local education authorities in England, and

(b)
the admission authorities for maintained schools in England.

(2)
Regulations may provide that where a local education authority in

England or the governing body of a maintained school in England have,

in such manner as may be prescribed, adopted a scheme formulated by a

local education authority for the purpose mentioned in section

88M(1)(a), sections 496 and 497 of the Education Act 1996 (c. 56) are to

apply as if any obligations imposed on the local education authority or

governing body under the scheme were duties imposed on them by that

Act.

(3)
Regulations may provide that where any decision as to whether a child is

to be granted or refused admission to a maintained school in England

falls to be made in prescribed circumstances, the decision must, if a

scheme adopted or made by virtue of section 88M so provides, be made

by the local education authority regardless of whether they are the

admission authority for the school.

(4)
Where any decision as to whether a child is to be granted or refused

admission to a maintained school is (by virtue of regulations under

subsection (3)) made by the local education authority although they are

not the admission authority, the governing body of the school must

implement the decision.

(5)
Before proposing a scheme for adoption under section 88M(1) a local

education authority must comply with such requirements as to

consultation as may be prescribed.

(6)
Regulations under subsection (5) may in particular require consultations

to be undertaken with a view to securing that the arrangements for the

admission of pupils to maintained schools in the areas of different local

education authorities are, so far as is reasonably practicable, compatible

with each other.

(7)
Before making a scheme under section 88M(2) in relation to the area of

any local education authority, the Secretary of State must consult—

(a)
the local education authority, and

(b)
any governing body who are the admission authority for a school

which appears to the Secretary of State to be a school to which

the scheme will apply.

(8)
A scheme made under section 88M(2) may be varied or revoked by the

Secretary of State.

88O
Sharing of information by local education authorities

The Secretary of State may by regulations require local education

authorities in England to provide other local education authorities with

such information as may be required by them in connection with the

exercise of any of their functions under this Chapter.