Commentary Schedule 4: Disposals and changes of use of land Section 39: General restriction on selection by ability
189.This section, which applies to both England and Wales, re-enacts the prohibition on selection on the basis of a pupil’s ability in any maintained school, subject to the exceptions referred to in section 99(2) of the 1998 Act.
190.Subsection (4) repeals section 99(1) of the 1998 Act (which is re-enacted by subsection (1) of the section) and amends section 99(2) of the 1998 Act so that the permitted forms of selection under that section become permitted forms of selection for the purposes of subsection (1) of the section.