Section 88I Other functions of adjudicator relating to admission arrangementsF1

(1)

This section applies where admission arrangements have been determined F2—

(a)

by an admission authority for a maintained school in England under section 88C F3, or

(b)

by an admission authority for an F4Academy 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), F5...

(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).

Annotations

Textual amendments

F1: Ss. 88B-88Q inserted (2.12.2008 for specified purposes, 26.1.2009 in so far as not already in force) by Education and Skills Act 2008 (c. 25), ss. 151(4), 173(2)(b)(4); S.I. 2008/3077, arts. 2(a), 4(d)
F2: Words in s. 88I(1) inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 64(4)(a), 82(3); S.I. 2012/84, art. 3
F3: S. 88I(1)(b) and word inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 64(4)(b), 82(3); S.I. 2012/84, art. 3
F4: Words in s. 88I(1)(b) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 10(5); S.I. 2012/924, art. 2
F5: S. 88I(3)(b) and word omitted (1.2.2012) by virtue of Education Act 2011 (c. 21), ss. 34(3), 82(3); S.I. 2012/84, art. 3

Notes on Part III

Modifications

C1: Pt. III excluded (W.) (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 11(1)

Notes on Chapter I

Modifications

C1: Pt. III excluded (W.) (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 11(1)

Notes on Admission arrangements: England

Textual amendments

F1: S. 88A cross-heading inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 151(2), 173(4); S.I. 2008/3077, art. 4(d)