Where at any time—
(a) the responsible body for single-sex establishment falling within column 1 of the table in section 22(1) determines to alter its admissions arrangements so that the establishment will cease to be a single-sex establishment, or
(b) section 26(2) applies to the admission of boarders to a school falling within column 1 of that table but the responsible body determines to alter its admissions arrangements so that section 26(2) will cease so to apply,
the responsible body may apply in accordance with Schedule 2 for an order (a “transitional exemption order”) authorising discriminatory admissions during the transitional period specified in the order.
Without prejudice to subsection (1), a transitional exemption order may be made—
(a) in accordance with regulations made by virtue of section 21(5) of the Education and Inspections Act 2006 (which relates to the alteration of maintained schools in England), or
(b) in accordance with paragraph 21 or 22 of Schedule 6 or paragraph 16 or 17 of Schedule 7 to the School Standards and Framework Act 1998 (which relate to the alteration of maintained schools and the rationalisation of school places in Wales).
Where during the transitional period specified in a transitional exemption order applying to an establishment the responsible body refuses or deliberately omits to accept an application for the admission of a person to the establishment as a pupil the refusal or omission shall not be taken to contravene any provision of this Act.
Subsection (2) does not apply if the refusal or omission contravenes any condition of the transitional exemption order.
Except as mentioned in subsection (2), a transitional exemption order shall not afford any exemption from liability under this Act.
Where, during the period between the making of an application for a transitional exemption order in relation to an establishment and the determination of the application, the responsible body refuses or deliberately omits to accept an application for the admission of a person to the establishment as a pupil the refusal or omission shall not be taken to contravene any provision of this Act.
In this section, as it applies to an establishment in England and Wales, “ pupil ” includes any person who receives education at that establishment.