Education Act 2002

Procedure for giving direction under section 96 E+W

11 (1) Section 97 of the 1998 Act (procedure for giving direction under section 96) is amended as follows.

(2) For subsection (4) there is substituted—

“(4) On a reference under subsection (3) the Secretary of State may determine which school is to be required to admit the child, and if he does so—

(a) where the [F1 local authority] referred to in subsection (1) are the admission authority for that school, they shall—

(i) admit the child to the school, and

(ii) give notice in writing to the governing body and head teacher of the school of the Secretary of State’s determination, and

(b) in any other case, that school shall be specified in the direction.”

(3) For subsection (6) there is substituted—

“(6) A direction under section 96 shall be given by notice in writing; and a copy of the notice shall be given by the [F1 local authority] to the head teacher of the school.”

Textual Amendments

F1 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. 11(2)

Commencement Information

I1 Sch. 4 para. 11 partly in force; Sch. 4 para. 11 not in force at Royal Assent, see s. 216; Sch. 4 para. 11 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I2 Sch. 4 para. 11 in force at 31.5.2005 for W. by S.I. 2005/1395, art. 4, Sch. (with art. 5(2))