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( i ) are wholly based on selection by reference to ability or aptitude , ( c ) if the arrangements for admission to the preferred school— ( b ) . . . education or the efficient use of resources ; [ or ] ( a ) if compliance with the preference would prejudice the provision of efficient ( 3 ) The duty imposed by subsection ( 2 ) does not apply— [( 3 A ) . . . ( 3 B ) . . . ] incompatible with selection under those arrangements . or with aptitude , and compliance with the preference would be ( ii ) are so based with a view to admitting only pupils with high ability and compliance with the duty imposed by section 1 ( 6 ) ( duty of local education provision may arise by reason of measures required to be taken in order to ensure ( 4 ) For the purposes of subsection ( 3 )( a ) prejudice of the kind referred to in that . authority and governing body to comply with limit on infant class sizes ) to the school in that year ; but this subsection does not apply if the conditions set [ 88 C or ] 89 as the number of pupils in that age group that it is intended to admit relevant age group which does not exceed the number determined under section the admission to a maintained school in a school year of a number of pupils in a [( 5 ) No prejudice shall be taken to arise for the purposes of subsection ( 3 )( a ) from . out in subsection ( 5 A ) are met in relation to the school and the school year ( b )] . determinations mentioned in [ section 88 D ( 2 )( a ) and ( b ) or 89 A ( 2 )( a ) and of the admission arrangements which are to apply for that year includes the ( b ) that the determination under section [ 88 C or ] 89 by the admission authority and ( a ) that the school is one at which boarding accommodation is provided for pupils ; ( 5 A ) Those conditions are — school and a school year , no prejudice shall be taken to arise for the purposes of ( 5 B ) Where the conditions set out in subsection ( 5 A ) are met in relation to a maintained — section [ 88 C or ] 89 as the number of pupils in that age group that it is intended a relevant age group which does not exceed the number determined under ( a ) the admission to the school in that year as boarders of a number of pupils in subsection ( 3 )( a ) from either of the following ; ( b ) the admission to the school in that year otherwise than as boarders of a number to admit to the school in that year as boarders intended to admit to the school in that year otherwise than as boarders . ] under section [ 88 C or ] 89 as the number of pupils in that age group that it is of pupils in a relevant age group which does not exceed the number determined . . .
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