Section 89C Further provision about schemes adopted or made by virtue of section 89BF1C1C2
England and Wales
Regulations may provide that where a F5local authority F6in Wales or the governing body of a maintained school F7in Wales have, in such manner as may be prescribed, adopted a scheme formulated by a local authority for the purpose mentioned in section 89B(1)(a)F8—
Chapter 1 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (“the 2013 Act”) (intervention in conduct of maintained schools) is to apply as if any obligations imposed on a governing body under the scheme were duties imposed by the Education Acts.
Chapter 2 of Part 2 of the 2013 Act (intervention in local authorities) is to apply as if any obligation imposed on a local authority were an education function.
Regulations may provide that where any decision as to whether a child is to be granted or refused admission to a maintained school F9in Wales falls to be made in prescribed circumstances, the decision shall, if a scheme adopted or made F10by virtue of section 89B so provides, be made by the local authority regardless of whether they are the admission authority for the school.
Where any decision as to whether a child is to be granted or refused admission to a maintained school F12in Wales is (by virtue of regulations under subsection (3)) made by the local authority although they are not the admission authority, the governing body of the school must implement the decision.
Before proposing a scheme for adoption under section 89B(1) a local authority shall comply with such requirements as to consultation as may be prescribed.
Regulations under subsection (4) may in particular require consultations to be undertaken with a view to securing that the arrangements for the admission of pupils to maintained schools in the areas of different local authorities are, so far as is reasonably practicable, compatible with each other.
Before making a scheme under section 89B(2) in relation to the area of any local authority, F13the Welsh Ministers shall consult—
the local authority, and
any governing body who are the admission authority for a school which appears to the Secretary of State to be a school to which the scheme will apply.
A scheme made under section 89B(2) may be varied or revoked by F14the Welsh Ministers.
Annotations
Textual amendments
- F1
Ss. 89B, 89C inserted (1.10.2002 for E., 1.2.2006 for W.) by Education Act 2002 (c. 32), ss. 48, 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2006/172, art. 4, Sch.
- F2
Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(3) (with Sch. 2 para. 10(4))
- F3
Words in s. 89C(1)(a) inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 60(2)(a); S.I. 2008/3077, art. 4(g)
- F4
Words in s. 89C(1)(b) inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 60(2)(b); S.I. 2008/3077, art. 4(g)
- F5
Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))
- F6
Words in s. 89C(2) inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 60(3)(a); S.I. 2008/3077, art. 4(g)
- F7
Words in s. 89C(2) inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 60(3)(b); S.I. 2008/3077, art. 4(g)
- F8
S. 89C(2)(a)(b) substituted for words (W.) (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 4(5); S.I. 2014/178, art. 2(f) (with art. 3)
- F9
Words in s. 89C(3) inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 60(4); S.I. 2008/3077, art. 4(g)
- F10
Words in s. 89C(3) substituted (8.1.2007 for E., 30.6.2008 for W.) by Education and Inspections Act 2006 (c. 40), ss. 43(3)(a), 188(3); S.I. 2006/3400, art. 2(a); S.I. 2008/1429, art. 3(1), Sch. Pt. 1
- F11
S. 89C(3A) inserted (8.1.2007 for E., 30.6.2008 for W.) by Education and Inspections Act 2006 (c. 40), ss. 43(3)(b), 188(3); S.I. 2006/3400, art. 2(a); S.I. 2008/1429, art. 3(1), Sch. Pt. 1
- F12
Words in s. 89C(3A) inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 60(4); S.I. 2008/3077, art. 4(g)
- F13
Words in s. 89C(6) substituted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 60(5) (with s. 167(2)); S.I. 2008/3077, art. 4(g)
- F14
Words in s. 89C(7) substituted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 60(5) (with s. 167(2)); S.I. 2008/3077, art. 4(g)
Modifications
- C1
S. 89C applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(b)
- C2
S. 89C applied (with modifications) (W.) (1.2.2006) by The New School (Admissions) (Wales) Regulations 2006 (S.I. 2006/175), regs. 1(1), 9, Sch. (with reg. 2(2))
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: Wales
Textual amendments
- F1
S. 88R and cross-heading inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 56; S.I. 2008/3077, art. 4(g)