C5Part III School admissions

Annotations:
Modifications etc. (not altering text)

Chapter II Selection of pupils

Partial selection

I1C1C2C3C4101 Permitted selection: pupil banding.

1

Subject to F2subsections (2) and (2A), the admission arrangements for a maintained school F3in England or Wales may make provision for selection by ability to the extent that the arrangements are designed to secure—

a

that in any year the pupils admitted to the school in any relevant age group are representative of all levels of ability among applicants for admission to the school in that age group, and

b

that no level of ability is substantially over-represented or substantially under-represented.

F41A

Subject to subsections (2) and (2A), the admission authority for a maintained school in England may make provision for selection by ability to the extent that the arrangements are designed to secure—

a

that in any year the pupils admitted to the school in any relevant age group are representative of all levels of ability among such one of the following groups as the admission arrangements may specify (“the reference group”)—

i

children who are applicants for admission in that age group to any of two or more schools (including the school in question) in the area of the F9local authority,

ii

children in that age group who live in the area of the F9local authority, or

iii

children in that age group who live in England, and

b

that no level of ability is substantially over-represented or substantially under-represented by comparison with its representation in the reference group.

2

F5Subsection (1) or (1A) does not apply if the arrangements have the effect that, where an applicant for admission has been allocated to a particular range of ability by means of some process of selection by reference to ability, some further such process is required or authorised to be carried out in relation to him for the purpose of determining whether or not he is to be admitted to the school.

F62A

If the admission authority for a maintained school in England is the F9local authority, the authority may only introduce such provision for selection by ability as is mentioned in subsection (1) or (1A) with the consent of the governing body of the school.

F103

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4

F7In the case of a school in Wales, admission arrangements to which subsection (1) applies are not authorised by this section unless proposals for the school to have such arrangements have been publishedF1, and fallen to be implemented, under any enactment.

5

Where the admission arrangements for a school make both such provision for selection by ability as is mentioned in F8subsection (1) or (1A) above and such provision for selection by aptitude as is mentioned in section 102(1), nothing in this section shall be taken to prevent those arrangements—

a

from authorising or requiring a process of selection to be carried out at any stage for the purpose of establishing that an applicant for admission has a relevant aptitude; or

b

from having the effect of giving priority to such an applicant with a relevant aptitude irrespective of his level of ability.