439 Specification of schools in notices under section 438(2)
Education Act 1996 (1996 c 56) | Legislation

439  Specification of schools in notices under section 438(2)

(1)     Subject to subsection (3), a [local authority] shall not, if it appears to them that subsection (2) applies in relation to any school, specify the school in a notice under section 438(2) unless they are responsible for determining the arrangements for the admission of pupils to the school.

(2)     This subsection applies where, if the child concerned were admitted to the school in accordance with a school attendance order resulting from the notice, the number of pupils at the school in the child's age group would exceed the number [[determined in accordance with section [88C or] 89 of the School Standards and Framework Act 1998 (determination of admission numbers)] as the number] of pupils

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