New laws mean that new free schools and academies, if they are faith-based, have to limit their "faith intake" to 50% of the total if they are oversubscribed, whereas voluntary-aided schools can select pupils on the basis of their faith as long as they follow the Admissions Code, which sets out rules for England's schools.
Faith schools could ask for evidence of a commitment to a faith but not use the degree of that - such as attending church weekly rather than fortnightly - as a basis for selecting their pupils.