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[Relevant document: The Nineteenth Report from the Joint Committee on Human Rights, Session 2007-08, Legislative Scrutiny: Education and Skills Bill, HC 553.]
As amended in the Public Bill Committee, considered.
(1) The School Standards and Framework Act 1998 (c. 31) is amended as follows.
Admission arrangements: England.
(3) In section 88A (prohibition on interviews), in subsections (1) and (3), after maintained school insert in England.
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.
(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
(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.
(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 authoritys 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 adjudicators 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 as to the authoritys 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,
(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
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