House of Commons Amendments

House of Commons

Session 2007 - 08
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Notices of Amendments: 9th May 2008
1990

Education and Skills Bill, continued

88H
Reference of objections to adjudicator
205
(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—

(a)
an appropriate person wishes to make an objection about the
210
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—
215
(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.
220
(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
225
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);
230
(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
235
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
240
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
245
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.
250
(3)
Subsection (4) applies where—

Notices of Amendments: 9th May 2008
1991

Education and Skills Bill, continued

(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,
255
states that the admission arrangements do not, or may not,

conform with the requirements relating to admission

arrangements.

(4)
The adjudicator must—

(a)
consider the admission arrangements, and
260
(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)—
265
(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
270
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).
275
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
280
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
285
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
290
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.
295
(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

Notices of Amendments: 9th May 2008
1992

Education and Skills Bill, continued

(b)
where the adjudicator does so but considers that the change
300
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.

88K
Sections 88H to 88J: supplementary
305
(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
310
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—
315
(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
320
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
325
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
330
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
335
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
340
(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);
345
(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;

Notices of Amendments: 9th May 2008
1993

Education and Skills Bill, continued

(d)
prescribing circumstances in which an admission authority may
350
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.

(5)
In sections 88I and 88J and this section “the requirements relating to
355
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
360
(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.
365
(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,
370
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
375
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
380
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—
385
(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
390
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
395
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.

Notices of Amendments: 9th May 2008
1994

Education and Skills Bill, continued

(7)
Regulations may make provision as to the determination by the

adjudicator of any reference made by virtue of subsection (6).
400
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
405
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
410
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
415
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
420
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—
425
(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,
430
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
435
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.
440
(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
445
education is provided for them at the school, or

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