Legalize / United Kingdom / Public General Act

School Standards and Framework Act 1998

Type Public General Act

Publication 1998-07-24

Last updated 2026-04-21

State In force

Department Statute Law Database

Source legislation.gov.uk

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(a) such statement or statements prepared by the authority under section 52 above, or

(b) such part or parts of any such statement or statements,

as may be specified in the directions; and for the purposes of section 96B(1)(d) of that Act any statement under section 52 above shall be regarded as a return by the authority.

(2) The arrangements made by the Auditor General for Wales in pursuance of subsection (1) shall include arrangements for sending to the National Assembly for Wales—

(a) a copy of the statement or statements so certified, or

(b) a copy of the part or parts so certified,

as the case may be.

(3) Directions given under subsection (1) may relate to any local authority or to local authorities generally or to any class or description of such authority.

Chapter V — Staffing and conduct of schools

Staffing of schools

Staffing of community, voluntary controlled and community special schools.

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Staffing of foundation, voluntary aided and foundation special schools.

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Staffing for non-school activities.

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Payments in respect of dismissal, etc.

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Appointment and dismissal of teachers of religious education etc

Appointment and dismissal of certain teachers at schools with a religious character : England.

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(1) In this section—

(a) subsections (2) to (6) apply to a foundation or voluntary controlled school in England which has a religious character; and

(b) subsection (7) applies (subject to subsection (8)) to a voluntary aided school in England which has a religious character;

and references in this Chapter to a school which has (or does not have) a religious character shall be construed in relation to a school in England, in accordance with section 68A and section 69(3).

(2) Where the number of teachers at a school to which this subsection applies is more than two, the teachers shall include persons who—

(a) are selected for their fitness and competence to give such religious education as is required in accordance with arrangements under paragraph 3(3) of Schedule 19 (arrangements for religious education in accordance with the school’s trust deed or with the tenets of the school’s specified religion or religious denomination), and

(b) are specifically appointed to do so.

(3) The number of reserved teachers in such a school shall not exceed one-fifth of the total number of teachers, including the head teacher (and for this purpose, where the total number of teachers is not a multiple of five, it shall be treated as if it were the next higher multiple of five).

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where the appropriate body propose to appoint a person to be a reserved teacher in such a school, that body—

(a) shall consult the foundation governors, and

(b) shall not so appoint that person unless the foundation governors are satisfied as to his fitness and competence to give such religious education as is mentioned in subsection (2)(a).

(6) If the foundation governors of such a school consider that a reserved teacher has failed to give such religious education efficiently and suitably, they may—

(a) in the case of a teacher who is an employee, require the appropriate body to dismiss him from employment as a reserved teacher at the school, and

(b) in the case of a teacher who is engaged otherwise than under a contract of employment, require the governing body to terminate his engagement.

(7) If a teacher appointed to give religious education in a school to which this subsection applies fails to give such education efficiently and suitably, he may be dismissed on that ground by the governing body without the consent of the local authority.

(8) Subsection (7) does not apply—

(a) where the school has a delegated budget, or

(b) to religious education in accordance with an agreed syllabus.

(9) In this section—

“the appropriate body” means—in relation to a foundation school, the governing body, andin relation to a voluntary controlled school, the local authority;

“reserved teacher”, in relation to a foundation or voluntary controlled school, means a person employed or engaged at the school in pursuance of subsection (2).

Appointment and dismissal of certain teachers at schools with a religious character: Wales

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(1) In this section—

(a) subsections (3) to (7) apply to a foundation or voluntary controlled school in Wales that has a religious character, and

(b) subsections (8) and (9) apply (subject to subsection (10)) to a voluntary aided school in Wales that has a religious character.

(2) References in this Chapter to a school which has (or does not have) a religious character are to be construed, in relation to a school in Wales, in accordance with section 68A(1).

(3) Where the number of teachers at a school to which this subsection applies is more than two, the teachers must include persons (“reserved teachers”) who—

(a) are selected for their fitness and competence to provide teaching and learning within subsection (11), and

(b) are specifically appointed to provide that teaching and learning.

(4) The number of reserved teachers at a school must not exceed one fifth of the total number of teachers, including the head teacher; and for this purpose where the total number of teachers is not a multiple of five, it is to be treated as if it were the next higher multiple of five.

(5) Where the appropriate body propose to appoint a person as a reserved teacher in a school, that body—

(a) must consult the foundation governors, and

(b) must not appoint that person unless the foundation governors are satisfied as to the person’s fitness and competence to provide teaching and learning within subsection (11).

(6) Subsection (7) applies if the foundation governors of a school to which subsection (3) applies consider that a person appointed as a reserved teacher at the school has failed to provide teaching and learning within subsection (11) efficiently and suitably.

(7) The foundation governors may—

(a) in the case of a teacher who is an employee, require the appropriate body to dismiss the teacher from employment as a teacher appointed under subsection (3);

(b) in the case of a teacher who is engaged otherwise than under a contract of employment, require the governing body to terminate that engagement.

(8) Subsection (9) applies if a teacher appointed to provide teaching and learning within subsection (11), in a school to which this subsection applies, fails to provide that teaching and learning efficiently and suitably.

(9) The teacher may be dismissed by the governing body, without the consent of the local authority, on the ground of failure to provide the teaching and learning efficiently and suitably.

(10) Subsection (9) does not apply where the school has a delegated budget.

(11) Teaching and learning within this section is teaching and learning in Religion, Values and Ethics that accords with—

(a) any provisions of the school’s trust deed that relate to teaching and learning in Religion, Values and Ethics, or

(b) if there are no such provisions, the tenets of the religion or religious denomination specified in relation to the school under section 68A.

(12) In this section—

“the appropriate body” means—in relation to a foundation school, the governing body, andin relation to a voluntary controlled school, the local authority;

“Religion, Values and Ethics” has the same meaning as in the Curriculum and Assessment (Wales) Act 2021.

Religious opinions etc. of staff

Staff at community, secular foundation or voluntary, or special school.

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(1) This section applies to—

(a) a community school or a community or foundation special school, or

(b) a foundation or voluntary school which does not have a religious character.

(2) No person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship—

(a) from being a teacher at the school, or

(b) from being employed or engaged for the purposes of the school otherwise than as a teacher.

(3) No teacher at the school shall be required to give religious education (in the case of a school in England) or to provide teaching and learning in Religion, Values and Ethics (in the case of a school in Wales).

(4) No teacher at the school shall receive any less remuneration or be deprived of, or disqualified for, any promotion or other advantage—

(a) by reason of the fact that he does or does not give religious education or (as the case may be) provide teaching and learning in Religion, Values and Ethics, or

(b) by reason of his religious opinions or of his attending or omitting to attend religious worship.

Staff at foundation or voluntary school with religious character.

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(1) This section applies to a foundation or voluntary school which has a religious character.

(2) If the school is a foundation or voluntary controlled school, then (subject to subsections (3) and (4) below) section 59(2) to (4) shall apply to the school as they apply to a foundation or voluntary controlled school which does not have a religious character.

(3) Section 59(2) to (4) shall not so apply in relation to a reserved teacher at the school; and instead subsection (5) below shall apply in relation to such a teacher as it applies in relation to a teacher at a voluntary aided school.

(4) In connection with the appointment of a person to be head teacher of the school (whether foundation or voluntary controlled) in a case where the head teacher is not to be a reserved teacher regard may be had to that person’s ability and fitness to preserve and develop the religious character of the school.

(5) If the school is a voluntary aided school—

(a) preference may be given, in connection with the appointment, remuneration or promotion of teachers at the school, to persons—

(i) whose religious opinions are in accordance with the tenets of the religion or religious denomination specified in relation to the school under section 68A or section 69(4), or

(ii) who attend religious worship in accordance with those tenets, or

(iii) who give, or are willing to give, religious education at the school in accordance with those tenets (in the case of a school in England) or to provide teaching and learning in Religion, Values and Ethics in accordance with those tenets (in the case of a school in Wales); and

(b) regard may be had, in connection with the termination of the employment or engagement of any teacher at the school, to any conduct on his part which is incompatible with the precepts, or with the upholding of the tenets, of the religion or religious denomination so specified.

(6) If the school is a voluntary aided school in Wales, no person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship, from being employed or engaged for the purposes of the school otherwise than as a teacher.

(7) Where immediately before the appointed day a teacher at a school which on that day becomes a school to which this section applies enjoyed, by virtue of section 304 or 305 of the Education Act 1996 (religious opinions of staff etc.), any rights not conferred on him by this section as a teacher at a school to which it applies, he shall continue to enjoy those rights (in addition to those conferred by this section) until he ceases to be employed as a teacher at the school.

(8) In this section “reserved teacher”, in relation to a foundation or voluntary controlled school, means a person employed at the school in pursuance of section 58(2).

Discipline: general

Responsibility of governing body and head teacher for discipline.

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Local authority’s reserve power to prevent a breakdown of discipline.

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(1) The local authority in England may, in the circumstances mentioned in subsection (2) or where subsection (2A) ... applies, take such steps in relation to a maintained school as they consider are required to prevent the breakdown, or continuing breakdown, of discipline at the school.

(2) The circumstances are that—

(a) in the opinion of the authority—

(i) the behaviour of registered pupils at the school, or

(ii) any action taken by such pupils or their parents,

is such that the education of any registered pupils at the school is (or is likely in the immediate future to become) severely prejudiced; and

(b) the governing body have been informed in writing of the authority’s opinion.

(2A) This subsection applies where, in the case of a school in England—

(a) a warning notice has been given in accordance with section 60(2) of the Education and Inspections Act 2006 (“the 2006 Act”) referring to the safety of pupils or staff at the school being threatened by a breakdown of discipline at the school,

(b) the governing body have failed to comply, or secure compliance, with the notice to the authority's satisfaction within the compliance period, and

(c) the authority have given reasonable notice in writing to the governing body that they propose to exercise their powers under subsection (1) of this section (whether or not in conjunction with exercising their powers under any one or more of sections 63 to 66 of the 2006 Act);

and a notice under paragraph (c) of this subsection may be combined with a notice under section 60(2) of the 2006 Act.

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(4) Steps taken by a local authority under subsection (1) may include the giving of any direction to the governing body or head teacher.

(5) In this section “maintained school” includes a maintained nursery school.

School attendance targets

School attendance targets.

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(1) Regulations may make provision for and in connection with—

(a) requiring, or

(b) enabling the Secretary of State to require,

governing bodies of maintained schools to secure that annual targets are set for reducing the level of ... absences on the part of relevant day pupils at their schools.

(2) Regulations under this section may, in particular, make provision—

(a) for the Secretary of State to impose such a requirement on the governing body of a maintained school where—

(i) the specified condition is for the time being satisfied in relation to the school, and

(ii) he considers it appropriate to impose the requirement;

(b) for such a requirement to be imposed by the Secretary of State in such manner, and for such period, as may be specified in or determined in accordance with the regulations;

(c) for the Secretary of State, where he considers it appropriate to do so, to exempt the governing body of a maintained school, in relation to any school year, from a requirement imposed by virtue of subsection (1)(a) or (b).

(3) For the purposes of subsection (2)(a)(i) the specified condition is for the time being satisfied in relation to a maintained school if in the previous school year the level of ... absences on the part of relevant day pupils at the school (as determined in accordance with the regulations) exceeded such level as may for that year be specified in or determined in accordance with the regulations.

(3A) Provision made by regulations under this section may relate to—

(a) absences which are authorised pursuant to regulations under section 434 of the Education Act 1996, or

(b) absences which are not so authorised, or

(4) In this section—

“relevant day pupil” means a pupil registered at a maintained school who is of compulsory school age and is not a boarder;

Exclusion of pupils

Power of head teacher to exclude pupils.

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Exclusion of pupils: duty to inform parents, etc.

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Functions of governing body in relation to excluded pupils.

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Appeals against exclusion of pupils.

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Exclusion of pupils: guidance.

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Chapter VI — Religious education etc and worship

Designation of schools: Wales

Designation of schools with a religious character: Wales

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(1) For the purposes of this Part and the Curriculum and Assessment (Wales) Act 2021 a foundation or voluntary school in Wales has a religious character if it is designated as a school having such a character by an order made by the Welsh Ministers.

(2) An order under subsection (1) must state the religion or religious denomination in accordance with whose tenets provision in the school’s curriculum in respect of Religion, Values and Ethics is, or may be, required to be designed and implemented under the Curriculum and Assessment (Wales) Act 2021 (or, as the case may be, each such religion or religious denomination).

(3) The procedure to be followed in connection with—

(a) the designation of a school in an order under subsection (1), and

(b) the statement required by subsection (2),

may be specified in regulations made by the Welsh Ministers.

(4) Any order made under section 69(3) in respect of a foundation or voluntary school in Wales that has effect immediately before the coming into force of this section continues to have effect until revoked.

(5) Where an order continues to have effect under subsection (4)—

(a) the order is to be treated for all purposes as being an order made under this section,

(b) the school designated by the order is to be treated for all purposes as being designated under this section, and

(c) any references in the order to religious education are to be treated as being references to Religion, Values and Ethics.

Religious education : England

Duty to secure due provision of religious education : England.

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(1) Subject to section 71, in relation to any community, foundation or voluntary school in England—

(a) the local authority and the governing body shall exercise their functions with a view to securing, and

(b) the head teacher shall secure,

that religious education is given in accordance with the provision for such education included in the school’s basic curriculum by virtue of section 80(1)(a) ... of the Education Act 2002.

(2) Schedule 19 has effect for determining the provision for religious education which is required by section 80(1)(a) ... of that Act to be included in the basic curriculum of schools within each of the following categories, namely—

(a) community schools and foundation and voluntary schools in England which do not have a religious character,

(b) foundation and voluntary controlled schools in England which have a religious character, and

(3) For the purposes of this Part a foundation or voluntary school in England has a religious character if it is designated as a school having such a character by an order made by the Secretary of State.

(4) An order under subsection (3) shall state, in relation to each school designated by the order, the religion or religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 (or, as the case may be, each such religion or religious denomination).

(5) The procedure to be followed in connection with—

(a) the designation of a school in an order under subsection (3), and

(b) the inclusion in such an order, in relation to a school, of the statement required by subsection (4),

shall be specified in regulations.

Religious worship

Requirements relating to collective worship.

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(1) Subject to section 71, each pupil in attendance at a community, foundation or voluntary school shall on each school day take part in an act of collective worship.

(2) Subject to section 71, in relation to any community, foundation or voluntary school—

(a) the local authority and the governing body shall exercise their functions with a view to securing, and

(b) the head teacher shall secure,

that subsection (1) is complied with.

(3) Schedule 20 makes further provision with respect to the collective worship required by this section, including provision relating to—

(a) the arrangements which are to be made in connection with such worship, and

(b) the nature of such worship.

Exceptions and special arrangements etc.

Exceptions and special arrangements; provision for special schools.

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(1) If the parent of a pupil at a community, foundation or voluntary school in England requests that he may be wholly or partly excused from receiving religious education given at the school in accordance with the school's basic curriculum, the pupil shall be so excused until the request is withdrawn.

(1A) If the parent of any pupil at a community, foundation or voluntary school other than a sixth-form pupil requests that he may be wholly or partly excused from attendance at religious worship at the school, the pupil shall be so excused until the request is withdrawn.

(1B) If a sixth-form pupil requests that he may be wholly or partly excused from attendance at religious worship at a community, foundation or voluntary school, the pupil shall be so excused.

(2) In subsections (1) to (1B)—

(a) the reference to religious education given in accordance with the school’s basic curriculum is to such education given in accordance with the provision included in the school’s basic curriculum by virtue of section 80(1)(a) ... of the Education Act 2002, and

(b) the reference to religious worship in the school includes religious worship which by virtue of paragraph 2(6) of Schedule 20 takes place otherwise than on the school premises.

(3) Where in accordance with subsection (1) or (1A) a pupil has been wholly or partly excused from receiving religious education or from attendance at religious worship and the local authority are satisfied—

(a) that the parent of the pupil desires him to receive religious education of a kind which is not provided in the school during the periods of time during which he is so excused,

(b) that the pupil cannot with reasonable convenience be sent to another community, foundation or voluntary school where religious education of the kind desired by the parent is provided, and

the pupil may be withdrawn from the school during such periods of time as are reasonably necessary for the purpose of enabling him to receive religious education in accordance with the arrangements.

(4) A pupil may not be withdrawn from school under subsection (3) unless the local authority are satisfied that the arrangements there mentioned are such as will not interfere with the attendance of the pupil at school on any day except at the beginning or end of a school session (or, if there is only one, the school session) on that day.

(5) Where the parent of a pupil who is a boarder at a community, foundation or voluntary school and is not a sixth-form pupil requests that the pupil be permitted—

(a) to receive religious education in accordance with the tenets of a particular religion or religious denomination outside school hours, or

(b) to attend worship in accordance with such tenets on Sundays or other days exclusively set apart for religious observance by the religious body to which his parent belongs,

the governing body shall make arrangements for giving the pupil reasonable opportunities for doing so.

(5A) Where a sixth-form pupil who is a boarder at a community, foundation or voluntary school requests that he be permitted—

(a) to receive religious education in accordance with the tenets of a particular religion or religious denomination outside school hours, or

(b) to attend worship in accordance with such tenets on Sundays or other days exclusively set apart for religious observance by the religious body to which the pupil belongs,

the governing body shall make arrangements for giving the pupil reasonable opportunities for doing so.

(6) Arrangements under subsection (5) or (5A) may provide for making facilities for such education or worship available on the school premises, but any expenditure entailed by the arrangements shall not be met from the school’s budget share or otherwise by the local authority.

(7) Regulations shall make provision for ensuring that, so far as practicable, every pupil attending a community or foundation special school in England—

(a) receives religious education unless withdrawn from receiving such education in accordance with the wishes of his parent, and

(b) attends religious worship unless withdrawn from attendance at such worship—

(i) in the case of a sixth-form pupil, in accordance with his own wishes, and

(ii) in any other case, in accordance with the wishes of his parent.

(7A) Regulations made by the Welsh Ministers shall make provision for ensuring that, so far as practicable, every pupil attending a community or foundation special school in Wales attends religious worship unless withdrawn from attendance at such worship—

(a) in the case of a sixth-form pupil, in accordance with the pupil’s own wishes, and

(b) in any other case, in accordance with the wishes of the pupil’s parent.

(8) In this section “sixth-form pupil” means any pupil who—

(a) has ceased to be of compulsory school age, and

(b) is receiving education suitable to the requirements of pupils over compulsory school age.

Chapter VII — Miscellaneous and supplemental

Further provisions relating to new schools

Further provisions relating to new schools.

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(1) Regulations may make provision for—

(a) the staffing and conduct of a new school in advance of the school opening date;

(b) the determination of matters in connection with a new school in advance of that date;

(c) the taking of decisions by a temporary governing body, or (where power to do so is delegated to him) by the head teacher, as to expenditure in connection with a new school at a time when it does not have a delegated budget;

(d) such other matters relating to new schools as the Secretary of State considers appropriate.

(2) Regulations under subsection (1) may, in connection with any matters falling within that subsection, apply any provision of the Education Acts with or without modification.

(3) In this section “new school” means a school or proposed school—

(a) for which there is a temporary governing body constituted under section 34 of the Education Act 2002, or

(b) for which there is no such body but for which such a body—

(i) are required to be so constituted by virtue of subsection (1) of that section, or

(ii) may be so constituted in accordance with such anticipatory arrangements as are mentioned in subsection (5)(a) of that section.

Transfers of staff and land

Transfer of staff on appointed day.

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(1) Subsections (5) to (7) below (“the staff transfer provisions”) apply where on the appointed day—

(a) a special agreement school becomes a voluntary aided school, or

(b) a grant-maintained school becomes a community or voluntary controlled school, or

in accordance with Schedule 2.

(2) Subject to subsection (3), the staff transfer provisions apply in the circumstances mentioned in subsection (1) to any person who immediately before the appointed day—

(a) is employed by the local authority to work solely at an existing school within subsection (1)(a), or

(b) is employed by the local authority to work at such an existing school and is designated for the purposes of this subsection by an order made by the Secretary of State, or

(3) The staff transfer provisions do not apply—

(a) to any person employed as mentioned in subsection (2) whose contract of employment terminates on the day immediately preceding the appointed day; or

(b) to any person employed as mentioned in subsection (2)(a) or (b) who before that day—

(i) has been appointed or assigned by the local authority to work solely at another school as from that day, or

(ii) has been withdrawn from work at the school with effect from that day.

(4) A person who before the appointed day has been appointed or assigned by—

(a) the local authority, or

(b) the governing body of an existing school within subsection (1)(b) or (c),

to work at a school, or (as the case may be) at the existing school, as from that day shall be treated for the purposes of this section as if he had been employed by the authority or governing body immediately before that day to do such work at the school as he would have been required to do on or after that day under his contract of employment with the authority or that body.

(5) The contract of employment between a person to whom the staff transfer provisions apply and his former employer shall have effect from the appointed day as if originally made between him and his new employer.

(6) Without prejudice to subsection (5)—

(a) all the former employer’s rights, powers, duties and liabilities under or in connection with the contract of employment shall by virtue of this section be transferred to the new employer on the appointed day, and

(b) anything done before that date by or in relation to the former employer in respect of that contract or the employee shall be deemed from that day to have been done by or in relation to the new employer.

(7) Subsections (5) and (6) are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by this section.

(8) In this section—

“existing school” means a school which becomes a school of a different category on the appointed day as mentioned in subsection (1), and “new school” means the school of a different category which an existing school then becomes;

“the former employer” and “the new employer”—where the staff transfer provisions apply by virtue of subsection (2)(a) or (b), means the local authority and the governing body of the new school respectively, andwhere the staff transfer provisions apply by virtue of subsection (2)(c), means the governing body of the existing school and the local authority respectively;

and references to a special agreement, grant-maintained or grant-maintained special school are references to such a school within the meaning of the Education Act 1996.

(9) A person employed by a local authority in connection with the provision of meals shall not be regarded for the purposes of subsection (2)(a) as employed to work solely at a school unless the meals are provided solely for consumption by persons at the school.

(10) An order under this section may designate a person either individually or as a member of a class or description of employees.

Transfer of land on appointed day.

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Schedule 21 (which makes provision for transfers of land and certain rights and liabilities on the appointed day in respect of schools which become community, foundation, voluntary or community special schools on that day) shall have effect.

Transfer of land by governing body to trustees.

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(1) Where a building is to be provided for a foundation or voluntary school and the building—

(a) is to form part of the school premises, and

(b) is to be constructed partly on land held by the governing body and partly on land held on trust for the purposes of the school by persons other than the governing body,

the governing body shall transfer to those persons the land held by the governing body on which the building is to be constructed.

(2) Paragraph A1 or 1 of Schedule 22 does not apply to any transfer required by subsection (1).

Disposals of land and on discontinuance

Disposals of land in case of certain schools and disposals on discontinuance.

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Schedule 22 (which makes provision as to the disposal of land held for the purposes of foundation, voluntary or foundation special schools and as to the property of maintained schools on their discontinuance) shall have effect.

Control of disposals or changes in use of school playing fields.

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(1) Subject to subsections (2A) and (2B), except with the consent of the Secretary of State, a body or trustees to whom this subsection applies shall not dispose of any playing fields—

(a) which are, immediately before the date of the disposal, used by a maintained school for the purposes of the school, or

(b) which are not then so used but have been so used at any time within the period of 10 years ending with that date.

(2) Subsection (1) applies to—

(a) a local authority;

(b) the governing body of a maintained school;

(d) the trustees of a foundation, voluntary or foundation special school.

(2A) Subsection (1) applies in the case of a disposal by the trustees of a foundation, voluntary or foundation special school, only if the disposal is of land falling within paragraph A13(1), (2) or (3) of Schedule 22.

(2B) Subsection (1) does not apply—

(a) to a disposal in pursuance of a transfer order under paragraph A23 of that Schedule, ...

(b) to a disposal to which paragraph 5 or 6 of Schedule 22 (disposals on discontinuance) applies or

(i) a transfer scheme under paragraph 1 or 2 of Schedule 1 to the Academies Act 2010 (transfer to person concerned with running of Academy), or

(ii) a direction under paragraph 10 of Schedule 1 to that Act (direction to transfer to local authority or person concerned with running of Academy school, where Academy order made).

(3) Subject to subsection (4A), except with the consent of the Secretary of State, a body or trustees to whom subsection (1) applies shall not take any action (other than the making of a disposal which falls within subsection (1) or is excluded from that subsection by subsection (2B)(a), (b) or (c)) which is intended or likely to result in a change of use of any playing fields—

(a) which are, immediately before the date when the action is taken, used by a maintained school for the purposes of the school, or

(b) which are not then so used but have been so used at any time within the period of 10 years ending with that date,

whereby the playing fields will be used for purposes which do not consist of or include their use as playing fields by such a school for the purposes of the school , or by an Academy school for the purposes of the Academy school.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A) Subsection (3) applies in relation to the trustees of a foundation, voluntary or foundation special school only if the playing fields in question are land falling within paragraph A13(1), (2) or (3) of Schedule 22.

(4B) On receiving an application for consent under subsection (1) or (3), the Secretary of State may direct that the playing fields, or any part of them, be transferred to a person concerned with the running of an Academy school, subject to the payment by that person or the Secretary of State of such sum by way of consideration (if any) as the Secretary of State determines to be appropriate.

(5) For the purposes of this section the Secretary of State’s consent may be given in relation to a particular disposal or change of use or generally in relation to disposals or changes of use of a particular description, and in either case may be given subject to conditions.

(6) This section has effect despite anything in section 123 or 127 of the Local Government Act 1972 (general power to dispose of land) or in any other enactment; and any consent which a local authority are required to obtain by virtue of this section shall be in addition to any consent required by virtue of either of those sections.

(7) In this section—

“local authority” includes—a non-metropolitan district council for an area for which there is a county council, anda parish council;

“maintained school” includes a maintained nursery school;

“playing fields” means land in the open air which is provided for the purposes of physical education or recreation, other than any prescribed description of such land.

(8) For the purposes of this section any reference to a maintained school includes, in relation to any time falling before the appointed day, a reference to the school as—

(a) a county, voluntary or maintained special school, or

(b) a grant-maintained or grant-maintained special school,

within the meaning of the Education Act 1996.

(9) Nothing in this section applies in relation to Wales.

Rating

Rating of maintained schools.

78

For the purposes of Part III of the Local Government Finance Act 1988 (non-domestic rating) the occupier of any hereditament so far as consisting of the premises of a maintained school shall be taken to be—

(a) the local authority, where it is a community, voluntary controlled or community special school; or

(b) the governing body, where it is a foundation, voluntary aided or foundation special school.

Stamp duty

Stamp duty.

79

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Stamp duty land tax

79A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further education

Provision of further education.

80

(1) The governing body of any maintained school shall be responsible for determining whether or not to provide—

(a) part-time education suitable to the requirements of persons of any age over compulsory school age; or

(b) full-time education suitable to the requirements of persons who have attained the age of 19;

but the governing body of a community or foundation special school shall not determine to provide, or to cease to provide, such education without the consent of the local authority.

(2) It shall be the duty of the governing body of any such school which provides such education to secure that, except in such circumstances as may be prescribed, such education is not provided at any time in a room where pupils are at that time being taught.

(3) This section shall not apply to part-time education provided under a partnership arrangement to which section 60A of the Further and Higher Education Act 1992 (as inserted by section 125(4) of this Act) applies.

Modification of employment law

Application of employment law during financial delegation.

81

(1) The Secretary of State may by order make such modifications in any enactment relating to employment, and in particular in any enactment—

(a) conferring powers or imposing duties on employers,

(b) conferring rights on employees, or

as he considers necessary or expedient in consequence of the operation of sections 35 to 37 of the Education Act 2002 or of regulations under those sections.

(2) Before making any order under this section the Secretary of State shall consult—

(a) such associations of local authorities,

(b) such bodies representing the interests of governors of foundation or voluntary schools, and

as appear to him to be concerned.

Supplementary provisions

Modification of trust deeds.

82

(1) The Secretary of State may by order make such modifications of any trust deed or other instrument relating to—

(a) a school which is or is to become a foundation, voluntary or foundation special school, or

(b) property held on trust for the purposes of such a school,

as appear to him to be necessary or expedient in connection with the operation of any provision of this Act , the Learning and Skills Act 2000 , the Education Act 2002 , the Education and Inspections Act 2006 , the Academies Act 2010 , the School Standards and Organisation (Wales) Act 2013 or the Tertiary Education and Research (Wales) Act 2022 or anything done under or for the purposes of any such provision.

(2) Before making an order under this section the Secretary of State shall consult—

(a) the governing body of the school in question;

(b) any trustees holding property on trust for the purposes of the school;

(c) in the case of a Church of England, Church in Wales or Roman Catholic Church school, the appropriate diocesan authority; and

(d) such other persons as he considers appropriate.

(3) Any modification made by an order under this section may be made so as to have permanent effect or to have effect for such period as is specified in the order.

Modification of provisions making governors of foundation or voluntary school ex officio trustees.

83

(1) Where any provision of a trust deed or other instrument made before 1st July 1981 would, apart from this subsection, have the effect that the persons who are for the time being governors of a foundation or voluntary school were by virtue of their office trustees of any property held for the purposes of, or in connection with, the school, that provision shall instead have effect as if the only governors of the school were—

(a) the foundation governors,

(b) those appointed by the local authority, and

(2) Subsection (1) is without prejudice to any power to amend any such provision as is mentioned in that subsection.

Part III — School admissions

Chapter I — Admission arrangements

Code for school admissions

Code for school admissions.

84

(1) The Secretary of State shall issue, and may from time to time revise, a code for school admissions containing such provision as he thinks appropriate in respect of the discharge by—

(a) local authorities,

(b) the governing bodies of maintained schools,

(ba) admission forums,

(d) adjudicators,

of their respective functions under this Chapter.

(2) The code may impose requirements, and may include guidelines setting out aims, objectives and other matters, in relation to the discharge of their functions under this Chapter by local authorities and such governing bodies.

(3) It shall be the duty of—

(a) each of the bodies and persons mentioned in subsection (1) when exercising functions under this Chapter, and

(b) any other person when exercising any function for the purposes of the discharge by a local authority, or the governing body of a maintained school, of functions under this Chapter,

to act in accordance with any relevant provisions of the code.

(4) The Secretary of State shall publish the code as for the time being in force.

(5) The Secretary of State may under subsection (1)—

(a) make separate provision (by means of separate codes ...) in relation to different functions under this Chapter of the bodies and persons mentioned in that subsection;

(b) make different provision for England and for Wales (whether or not by means of separate codes ...);

and references in this section to “the code” or to functions under this Chapter shall have effect, in relation to any such separate code ..., as references to that code or to functions under this Chapter to which it relates (as the case may be).

(6) In this Chapter—

“admission arrangements” and “the admission authority” have the meaning given by section 88;

“admission forum” means a forum established under section 85A, including a joint admission forum established in pursuance of regulations under subsection (3)(c) of that section;

“appeal panel” means a panel constituted in accordance with regulations under section 94(5) or 95(3) for the purpose of hearing an appeal under this Chapter;

“child” includes a person who has not attained the age of 19, except in sections 96 and 97 in so far as those sections apply in relation to Wales;

“maintained school” means a community, foundation or voluntary school;

(7) In this Chapter, references to a child who is looked after by a local authority are to be read—

(a) in relation to a local authority in England, in accordance with section 22 of the Children Act 1989;

(b) in relation to a local authority in Wales, in accordance with section 74 of the Social Services and Well-being (Wales) Act 2014.

Making and approval of code for school admissions.

85

(1) Where the Secretary of State proposes to issue or revise a code ... under section 84, he shall prepare a draft of the code (or revised code).

(2) The Secretary of State shall consult such persons about the draft as he thinks fit and shall consider any representations made by them.

(3) If he determines to proceed with the draft (either in its original form or with such modifications as he thinks fit) he shall lay a copy of the draft before each House of Parliament.

(4) If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State shall take no further steps in relation to the proposed code.

(5) If no such resolution is made within the 40-day period, the Secretary of State shall issue the code (or revised code) in the form of the draft, and it shall come into force on such date as the Secretary of State may by order appoint.

(6) Subsection (4) does not prevent a new draft of a proposed code from being laid before Parliament.

(7) In this section “40-day period”, in relation to the draft of a proposed code, means—

(a) if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and

(b) in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,

no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(7A) In the case of a code issued or revised by the Welsh Ministers, subsection (7) (as modified by paragraph 33 of Schedule 11 to the Government of Wales Act 2006) has effect as if the reference to any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days were to any period during which the National Assembly for Wales is dissolved or is in recess for more than four days.

(8) In this section references to a proposed code include a proposed revised code.

Admission forums

85A

(1) A local authority in Wales shall in accordance with regulations establish for their area a body, to be known as an admission forum, for the purpose of—

(a) advising the authority on such matters connected with the exercise of the authority’s functions under this Chapter as may be prescribed, and

(b) advising the admission authorities for maintained schools in the area for which the forum is established on—

(i) such matters connected with the determination of admission arrangements, and

(ii) such other matters connected with the admission of pupils,

as may be prescribed , ...

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The authority may establish sub-committees of the forum.

(3) Regulations may make provision—

(a) as to the constitution, meetings and proceedings of an admission forum and of any such sub-committee,

(b) as to the manner in which advice is to be given by a forum, ...

(ba) ... and

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The bodies mentioned in paragraphs (a) and (b) of subsection (1) shall have regard, in carrying out their functions, to any relevant advice given to them by an admission forum under that subsection.

(5) The local authority shall make arrangements for the forum (and any sub-committee established under subsection (2)) to be provided with accommodation and with such services as the authority consider appropriate.

(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions of admission forums in relation to Academies

85B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Parental preferences

Parental preferences.

86

(1) A local authority shall make arrangements for enabling the parent of a child in the area of the authority—

(a) to express a preference as to the school at which he wishes education to be provided for his child in the exercise of the authority’s functions, and

(b) to give reasons for his preference.

(1ZA) Subsection (1) does not apply in relation to—

(a) sixth form education, or

(b) any other education to be provided for a child who—

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

(ii) will have ceased to be of compulsory school age before the education is provided for him.

(1A) A local authority in England shall provide advice and assistance to parents of children in the area of the authority in connection with the preferences expressed or to be expressed by them in accordance with the arrangements made under subsection (1).

(2) Subject to subsection (3) and section 87 (children excluded from two or more schools), the admission authority for a maintained school shall comply with any preference expressed in accordance with arrangements made under subsection (1).

(2A) Arrangements made under subsection (1) may allow the parent of a child to express preferences for more than one school; but nothing in this section requires the admission authority for a maintained school for which a child’s parent has expressed a preference to offer the child admission to the school if, in accordance with a scheme adopted or made by virtue of section 89B, the child is offered admission to a different school for which the parent has also expressed a preference.

(3) The duty imposed by subsection (2) does not apply—

(a) if compliance with the preference would prejudice the provision of efficient education or the efficient use of resources; or

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) are wholly based on selection by reference to ability or aptitude, and

(ii) are so based with a view to admitting only pupils with high ability or with aptitude,

and compliance with the preference would be incompatible with selection under those arrangements.

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of subsection (3)(a) prejudice of the kind referred to in that provision may arise by reason of measures required to be taken in order to ensure compliance with the duty imposed by section 1(6) (duty of local authority and governing body to comply with limit on infant class sizes).

(5) No prejudice shall be taken to arise for the purposes of subsection (3)(a) from the admission to a maintained school in a school year of a number of pupils in a relevant age group which does not exceed the number determined under section 88C or 89 as the number of pupils in that age group that it is intended to admit to the school in that year; but this subsection does not apply if the conditions set out in subsection (5A) are met in relation to the school and the school year.

(5A) Those conditions are—

(a) that the school is one at which boarding accommodation is provided for pupils; and

(b) that the determination under section 88C or 89 by the admission authority of the admission arrangements which are to apply for that year includes the determinations mentioned in section 88D(2)(a) and (b) or 89A(2)(a) and (b).

(5B) Where the conditions set out in subsection (5A) are met in relation to a maintained school and a school year, no prejudice shall be taken to arise for the purposes of subsection (3)(a) from either of the following—

(a) the admission to the school in that year as boarders of a number of pupils in a relevant age group which does not exceed the number determined under section 88C or 89 as the number of pupils in that age group that it is intended to admit to the school in that year as boarders;

(b) the admission to the school in that year otherwise than as boarders of a number of pupils in a relevant age group which does not exceed the number determined under section 88C or 89 as the number of pupils in that age group that it is intended to admit to the school in that year otherwise than as boarders.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Where the arrangements for the admission of pupils to a maintained school provide for applications for admission to be made to (or to a person acting on behalf of) the governing body of the school, a parent who makes such an application shall be regarded for the purposes of this section as having expressed a preference for that school in accordance with arrangements made under subsection (1).

(8) The duty imposed by subsection (2) in relation to a preference expressed in accordance with arrangements made under subsection (1) shall apply also in relation to—

(a) any application for the admission to a maintained school of a child who is not in the area of the authority maintaining the school, and

(b) any application made by a parent as mentioned in section 438(4) or 440(2) of the Education Act 1996 (application for a particular school to be named in a school attendance order);

and references in subsection (3) to a preference and a preferred school shall be construed accordingly.

(9) Where admission arrangements for a school , ..., provide for all pupils selected under the arrangements to be selected by reference to ability or aptitude, those arrangements shall be taken for the purposes of this section to be wholly based on selection by reference to ability or aptitude, whether or not they also provide for the use of additional criteria in circumstances where the number of children in a relevant age group who are assessed to be of the requisite ability or aptitude is greater than the number of pupils which it is intended to admit to the school in that age group.

Preferences relating to sixth-form education: local authority arrangements

86A

(1) A local authority shall make arrangements for enabling—

(a) a child in the authority's area to express a preference as to the school at which he wishes sixth form education to be provided for him in the exercise of the authority's functions,

(b) a parent of such a child to express a preference as to the school at which he wishes sixth form education to be so provided for his child,

(c) a relevant child to express a preference as to the school at which he wishes education other than sixth form education to be provided for him in the exercise of the authority's functions, and

(d) a parent of such a child to express a preference as to the school at which he wishes such education to be so provided for his child,

and, in each case, for enabling the person expressing the preference to give reasons for his preference.

(2) In subsection (1), “relevant child”, in relation to a local authority and any education, means a child in the authority's area who—

(a) has ceased to be of compulsory school age, or

(b) will have ceased to be of compulsory school age before the education in question is provided for him.

(3) Arrangements made under subsection (1) shall allow—

(a) a person who is to be able to express a preference under any of paragraphs (a) to (d) of that subsection to express preferences for more than one school;

(b) preferences to be expressed, in relation to a child, by both the child and a parent of his.

(4) Where—

(a) the arrangements for the admission of pupils to a maintained school provide for applications for admission to be made to (or to a person acting on behalf of) the governing body of the school, and

(b) a child (whether or not in the area of the authority maintaining the school) or his parent makes such an application,

that person shall be regarded for the purposes of this Chapter as having expressed a preference for that school in accordance with arrangements made under subsection (1).

Duty in relation to preferences expressed under section 86A: admission authorities of maintained schools

86B

(1) Subject to subsections (2) and (4) and section 87, the admission authority for a maintained school shall comply with any preference expressed in accordance with arrangements made under section 86A(1).

(2) The duty imposed by subsection (1) does not apply if compliance with the preference would prejudice the provision of efficient education or the efficient use of resources.

(3) Subsections (5) to (5B) of section 86 apply for the purpose of determining whether any prejudice should be taken to arise for the purposes of subsection (2), but with the substitution of references to that subsection for references to subsection (3)(a) of section 86.

(4) The duty imposed by subsection (1) does not apply in a case where a preference is expressed in relation to sixth form education if—

(a) the relevant selection arrangements for the preferred school are wholly based on selection by reference to ability or aptitude, and

(b) compliance with the preference would be incompatible with selection under those arrangements.

(5) Where the relevant selection arrangements for a school provide for all pupils selected under the arrangements to be selected by reference to ability or aptitude, those arrangements shall be taken for the purposes of subsection (4)(a) to be wholly based on selection by reference to ability or aptitude whether or not they also provide for the use of additional criteria in circumstances where the number of children in a relevant age group who are assessed to be of the requisite ability or aptitude is greater than the number of pupils which it is intended to admit to the school in that age group.

(6) In this section “the relevant selection arrangements”, in relation to a school, means—

(a) the arrangements for admission to the school for sixth form education, or

(b) those arrangements and the arrangements for entry to the sixth form of children who have been admitted to the school.

No requirement to admit children permanently excluded from two or more schools.

87

(1) The duties imposed by section 86(2) and section 86B(1) do not apply in the case of a child to whom subsection (2) below applies.

(2) Where a child has been permanently excluded from two or more schools, this subsection applies to him during the period of two years beginning with the date on which the latest of those exclusions took effect.

(3) Subsection (2) applies to a child whatever the length of the period or periods elapsing between those exclusions and regardless of whether it has applied to him on a previous occasion.

(3A) A child who has been permanently excluded from a school in England shall not be treated for the purposes of this section as having been so excluded if any of the following applies—

(a) the child was reinstated as a pupil at the school following a direction from the responsible body—

(i) in accordance with regulations under subsection (3)(b) of section 51A of the Education Act 2002;

(ii) following a recommendation from the review panel that the responsible body reconsiders the matter under subsection (4)(b) of that section;

(b) the child would have been reinstated as a pupil at the school following a direction from the responsible body as described in paragraph (a)(i) or (ii), if it had been practical for the responsible body to give such a direction;

(c) the review panel has quashed a decision of the responsible body not to reinstate the child as a pupil at the school under subsection (4)(c) of section 51A of the Education Act 2002;

(d) the child was so excluded at a time when the child had not attained compulsory school age.

(3B) In subsection (3A) “the responsible body” has the same meaning as in section 51A of the Education Act 2002.

(4) ... A child who has been permanently excluded from a school in Wales shall not be treated for the purposes of this section as having been so excluded if—

(a) he was reinstated as a pupil at the school following the giving of a direction to that effect by the relevant authority in accordance with regulations under subsection (3)(b) or (c) of section 52 of the Education Act 2002,

(b) on a review of his exclusion carried out in accordance with regulations under subsection (3)(b) of that section or an appeal made pursuant to regulations under subsection (3)(c) of that section, the relevant authority decided—

(i) that it would not be practical to give a direction requiring his reinstatement as a pupil at the school, but

(ii) that it would otherwise have been appropriate to give such a direction, or

(4A) In subsection (4) “the relevant authority” means—

(a) the responsible body as defined by subsection (5) of section 52 of the Education Act 2002, or

(b) a panel constituted in accordance with regulations under subsection (3)(c) of that section.

(5) In this section “school” means—

(a) in relation to any time before or after the appointed day, a school maintained by a local authority; or

(b) in relation to any time before the appointed day, a grant-maintained or grant-maintained special school within the meaning of the Education Act 1996.

(6) For the purposes of this section the permanent exclusion of a child from a school shall be regarded as having taken effect on the school day as from which the head teacher decided that he should be permanently excluded.

(7) Nothing in this section applies to a child unless at least one of the two or more exclusions mentioned in subsection (2) took effect on or after 1st September 1997.

Admission arrangements

Admission authorities and admission arrangements.

88

(1) In this Chapter “the admission authority”—

(a) in relation to a community or voluntary controlled school, means—

(i) the local authority, or

(ii) where with the governing body’s agreement the authority have delegated to them responsibility for determining the admission arrangements for the school, the governing body; ...

(b) in relation to a foundation or voluntary aided school, means the governing body ; and

(1A) Where the admission authority for a community or voluntary controlled school is the local authority, it is the duty of the governing body to implement any decision relating to the admission of pupils to the school which is taken by or on behalf of the admission authority.

(1B) Subsection (1A) does not affect—

(a) any right of appeal which the governing body may have by virtue of arrangements made in pursuance of section 95(2) (appeals in relation to children to whom section 87(2) applies, other than looked after children in England),

(b) any right to refer the matter to the adjudicator which the governing body may have by virtue of section 95A(3) (references to the adjudicator in relation to looked after children in England to whom section 87(2) applies), or

(2) In this Chapter “admission arrangements”, in relation to a ... school, means the arrangements for the admission of pupils to the school, including the school’s admission policy.

Admission arrangements: England

Prohibition on interviews

88A

(1) No admission arrangements for a maintained school in England may require or authorise any interview with an applicant for admission to the school or his parents, where the interview is to be taken into account (to any extent) in determining whether the applicant is to be admitted to the school.

(2) If the maintained school is one at which boarding accommodation is provided for pupils, subsection (1) does not apply in relation to any interview intended to assess the suitability of an applicant for a boarding place.

(3) Where the admission arrangements for a maintained school in England make provision for a permitted form of selection by aptitude, subsection (1) does not prevent the arrangements from requiring or authorising any audition or other oral or practical test to be carried out in relation to an applicant solely for the purpose of ascertaining the applicant's aptitude in accordance with the arrangements.

(4) In this section, “permitted form of selection by aptitude” is to be read in accordance with section 99(4).

Admission arrangements relating to children looked after by local authority

88B

(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.

Procedure for determining admission arrangements

88C

(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;

(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.

Determination of admission numbers

88D

(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.

Variation of admission arrangements

88E

(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.

(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 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).

Sections 88C to 88E: supplementary

88F

(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 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 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) ... and

(g) such other persons as may be prescribed.

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

(a) the area of the local 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 authority) as may be determined by or in accordance with the regulations.

Power to restrict alteration of admission arrangements following establishment or expansion

88G

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

(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,

(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—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;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.

Reference of objections to adjudicator

88H

(1) This section applies where admission arrangements have been determined by an admission authority for a maintained school in England under section 88C.

(1A) This section also applies where admission arrangements for an Academy school have been determined by the proprietor of an Academy school under Academy arrangements.

(2) Where—

(a) a body or 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 body or person may refer the objection to the adjudicator.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) On a reference under subsection (2) ... 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

(ii) the adjudicator is required to determine an objection referred to him under subsection (2);

(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) ... but has not yet been determined.

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

Other functions of adjudicator relating to admission arrangements

88I

(1) This section applies where admission arrangements have been determined —

(a) by an admission authority for a maintained school in England under section 88C , or

(b) by an admission authority for an Academy school.

(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), ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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).

Changes to admission arrangements

88J

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sections 88H and 88I: supplementary

88K

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

(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) Any decision of the adjudicator to which this subsection applies is binding on—

(a) the admission authority in question, and

(b) any other person or body.

(3) Where the adjudicator makes a decision mentioned in subsection (1), the adjudicator must publish a report containing—

(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, and

(b) the reasons for that decision.

(4) Regulations may make provision—

(a) requiring an admission authority for a maintained school in England or an Academy school 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 , 88I 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;

(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.

(5) In section 88I and this section “the requirements relating to admission arrangements” means—

(a) in relation to a maintained school, the requirements imposed by or under this Part as to the content of admission arrangements for maintained schools in England, and

(b) in relation to an Academy school, the requirements imposed by or under Academy arrangements as to the content of its admission arrangements.

Restriction on alteration of admission arrangements following adjudicator's decision

88L

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Co-ordination of admission arrangements

88M

(1) Regulations may require a local 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 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 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 authority in accordance with subsection (1) is adopted in the prescribed manner by the persons mentioned in paragraph (b) of that subsection, and

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