Sch 11 para 8
(1) A person does not contravene section 85(1), so far as relating to disability, only by applying a permitted form of selection. (2) In relation to England and Wales, a permitted form of selection is— (a) in the case of a maintained school which is not designated as a grammar school under section 104 of the School Standards and Framework Act 1998, a form of selection mentioned in section 99(2) or (4) of that Act; (b) in the case of a maintained school which is so designated, its selective admission arrangements (within the meaning of section 104 of that Act); (c) in the case of an independent educational institution, arrangements which provide for some or all of its pupils to be selected by reference to general or special ability or aptitude, with a view to admitting only pupils of high ability or aptitude. (3) In relation to Scotland, a permitted form of selection is— (a) in the case of a school managed by an education authority, arrangements approved by the Scottish Ministers for the selection of pupils for admission; (b) in the case of an independent school, arrangements which provide for some or all of its pupils to be selected by reference to general or special ability or aptitude, with a view to admitting only pupils of high ability or aptitude. (4) “ Maintained school ” has the meaning given in section 22 of the School Standards and Framework Act 1998.