Education Reform Act 1988

29 Special provisions in relation to admissions to primary schools. E+W

(1)In the case of a primary school to which section 27(1) of this Act applies, the number applicable in relation to the school and in relation to any age group there mentioned is—

(a)if the 1980 standard number for that age group is a number determined under subsection (5) of section 15 of the 1980 Act by reference to the number of pupils in that age group admitted to the school in the school year beginning in 1979, the recalculated 1979 admission number;

(b)if the 1980 standard number for that age group is a number determined under subsection (6) of section 15 by reference to the number of pupils in that age group admitted to the school in any school year beginning after 1979 (and not varied by the Secretary of State under that subsection), the recalculated post-1979 admission number; and

(c)if the 1980 standard number for that age group is a number applicable by virtue of subsection (7) of section 15 (number stated in proposals under section 12 of that Act as proposed admission number) which has not been varied by the Secretary of State, the aggregate of the number so applicable and the additional admission number.

(2)In subsection (1)(a) above, “the recalculated 1979 admission number” means, in relation to any school and age group, the number of pupils admitted to the school in that age group in the school year beginning in 1979, determined in accordance with subsection (5) below.

(3)In subsection (1)(b) above, “the recalculated post-1979 admission number” means, in relation to any school and age group, the number of pupils admitted to the school in that age group in the school year by reference to which the 1980 standard number for that school and age group was determined, determined in accordance with subsection (5) below.

(4)In subsection (1)(c) above, “the additional admission number” means, in relation to any school and age group, the aggregate of—

(a)the number of pupils admitted to the school in that age group in the first school year in relation to which the proposals in question had been wholly implemented who—

(i)were admitted otherwise than for nursery education; and

(ii)had not attained the age of four years and six months on the date of their admission; and

(b)the number of pupils already admitted to the school for nursery education transferred in that year to a reception class at the school.

(5)For the purposes of—

(a)the application in relation to any school of subsection (2) or (3) above; and

(b)the aplication in relation to a primary school of any other provision of this Chapter (other than subsection (1) or (4) above) referring to the number of pupils admitted or intended to be admitted to a school in any school year;

children admitted to the school for nursery education shall be disregarded and children so admitted who are subsequently transferred to a reception class at the school shall be treated as admitted to the school on their transfer.

(6)Subsection (5) above applies also for the purpose of determining for the purposes of any provision of this Chapter what is a relevant age group in relation to a primary school.

(7)For the purposes of this section “the 1980 standard number” means, in relation to any school and age group, the standard number applying to the school under section 15 of the 1980 Act in relation to that age group in the school year immediately preceding the commencement year.