Explanatory Notes

Education Act 2002

2002 CHAPTER 32

24 July 2002

Commentary on Sections and Schedules

Part 3 – Maintained Schools

Chapter 3 – Admissions, exclusions and attendance.Admission arrangements
Section 47: Admission numbers

130.This section, together with the relevant repeals, removes the requirement for a school to have a standard number (relating to an age group in which pupils are normally admitted to the school) as regards the number of pupils who are to be admitted in any particular school year. It inserts a new section 89A into to the SSFA, under which admission authorities will have to consider, amongst other factors, the current capacity of the school (as determined under a new formula which is being introduced) when setting an admission number. Section 86(5) of the SSFA is amended so that prejudice to efficient education or the efficient use of resources may not be taken to arise (and, therefore, the duty to comply with parental preference will apply) until such time as an admission authority has admitted the number of pupils it has determined to admit in the year in question. This section also inserts new provisions into the SSFA which allow admission authorities for schools which provide boarding accommodation to have separate admission numbers for their day and boarding places respectively. Under these, day place applicants are to be considered separately from boarding applicants, and vice versa.