House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

2045

House of Commons

Tuesday 13th May 2008

Consideration of Bill

Education and Skills Bill, As Amended

Note

The Amendments have been arranged in accordance with the Education and

Skills Bill (Programme) (No. 2) Motion in the name of Secretary Ed Balls.

new clauses other than those relating to part 1 or to duties of local

education authorities in relation to the provision of education and

training

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
5
“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
10
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
15
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.

Consideration of Bill: 13th May 2008
2046

Education and Skills Bill, continued

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.
20
(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
25
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
30
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
35
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.
40
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
45
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
50
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
55
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.
60
(4)
References in this section to the determination of any number include

references to the determination of zero as that number.

Consideration of Bill: 13th May 2008
2047

Education and Skills Bill, continued

88E
Variation of admission arrangements

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

(a)
have in accordance with section 88C determined the admission
65
arrangements which are to apply for a particular school year, but

(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—
70
(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.
75
(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
80
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,
85

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.
90
(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—
95
(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
100
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
105
such variations, as if they were variations proposed to be made

under subsection (1).

Consideration of Bill: 13th May 2008
2048

Education and Skills Bill, continued

88F
Sections 88C to 88E: supplementary

(1)
Regulations may make provision—

(a)
requiring an admission authority who have made a determination
110
of a prescribed description under section 88C to publish such

information relating to the determination (including information

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
115
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—
120
(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—
125
(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
130
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
135
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
140
(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
145
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
150
(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

Consideration of Bill: 13th May 2008
2049

Education and Skills Bill, continued

155
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
160
of the premises,

(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
165
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
170
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
175
(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
180
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.
185
(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).
190
(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
195
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
200
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).