School Transport Bill

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

School Transport Bill

School Transport Bill
1

A
Bill
To
Make provision for school travel schemes; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
1
School travel schemes
(1)
In the Education Act 1996 (c. 56), after section 509 there is inserted—
“509ZAA
School travel schemes
(1)
Schedule 35B has effect in relation to school travel schemes.
(2)
Where a school travel scheme is in force, the local education authority
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by which the scheme is made—
(a)
shall give effect to the scheme, and
(b)
shall not have any function under section 509(1) or (3) in
relation to a child in the area for which the scheme is made.”
(2)
In that Act, after Schedule 35A there is inserted—
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“schedule 35B
School Travel Schemes
Power to make scheme
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A local education authority may make a school travel scheme for the
whole or any part of their area.
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Arrangements to be included in scheme
2     (1)
A school travel scheme shall set out (in general terms) what
arrangements in connection with the attendance of children
receiving education—
(a)
at schools,
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(b)
at any institution within the further education sector, or

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(c)
at any other place by virtue of arrangements made in
pursuance of section 19(1) (exceptional provision of
education in pupil referral units or elsewhere),

the scheme authority consider it appropriate to make in relation to
travel to and from such places.
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      (2)
A school travel scheme may include travel arrangements of any
description and may, in particular, include—
(a)
arrangements for the provision of transport,
(b)
arrangements for the payment of the whole or any part of a
person’s reasonable travelling expenses, and
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(c)
arrangements to facilitate or promote the use of different
ways of travelling.
3     (1)
The arrangements to be set out in a school travel scheme shall
include arrangements such as to secure that, in relation to any child
of compulsory school age who is a registered pupil at a school,
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suitable arrangements are made for his transport to and from school
if—
(a)
the school at which he is a registered pupil is not within
walking distance of his home,
(b)
no suitable arrangements have been made by the scheme
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authority for boarding accommodation for him at or near the
school, and
(c)
no suitable arrangements have been made by the scheme
authority for enabling him to become a registered pupil at a
school nearer to his home.
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      (2)
Where a child is registered at both a pupil referral unit and a school
other than a unit, the references in sub-paragraph (1) to the school at
which he is a registered pupil shall be read as references to the unit.
      (3)
In this paragraph, “walking distance” has the meaning given by
section 444(5).
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Charges
4     (1)
A school travel scheme shall set out the policy applicable to charging
in relation to anything provided in pursuance of the scheme.
      (2)
The policy to be set out under sub-paragraph (1) shall include
provision to the effect that anything provided in pursuance of the
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scheme for a protected child is provided free of charge.
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Any sum payable in respect of a charge for anything provided in
pursuance of a school travel scheme shall be recoverable summarily
as a civil debt.
6
If a school travel scheme will give rise to a need to incur expenditure
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in order for a child to take advantage of anything provided for him
in pursuance of the scheme, the scheme shall include provision for
any expenditure that needs to be incurred for that purpose in the case
of a protected child to be met by the scheme authority.
7     (1)
In paragraphs 4 and 6, references to a protected child are to a child—
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(a)
who is a registered pupil at a school, and
(b)
in relation to whom—

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(i)
no suitable arrangements have been made by the
scheme authority for enabling him to become a
registered pupil at a school nearer to his home, and
(ii)
the appropriate condition is met.
      (2)
In the case of a school travel scheme for an area in England, the
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appropriate condition for the purposes of sub-paragraph (1)(b)(ii) is
that the child is within section 512ZB(4).
      (3)
In the case of a school travel scheme for an area in Wales, the
appropriate condition for the purposes of sub-paragraph (1)(b)(ii) is
that there are met in relation to the child such criteria as the National
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Assembly for Wales may prescribe by regulations.
Commencement of scheme
8     (1)
A school travel scheme shall not come into force unless approved by
the appropriate national authority.
      (2)
A school travel scheme which has been approved by the appropriate
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national authority shall come into force in accordance with
directions given by that authority.
Amendment or revocation of scheme
9     (1)
The scheme authority may amend or revoke a school travel scheme.
      (2)
The powers under sub-paragraph (1) are exercisable only with the
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consent of the appropriate national authority.
      (3)
The appropriate national authority may consent to the exercise of a
power under sub-paragraph (1) on an application by the scheme
authority specifying the proposed exercise of the power.
      (4)
If on an application under sub-paragraph (3) the appropriate
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national authority consents to the exercise of a power under sub-
paragraph (1), the scheme authority shall exercise the power
accordingly.
      (5)
Amendment or revocation under this paragraph shall come into
force in accordance with directions given by the appropriate national
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authority.
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The National Assembly for Wales may by regulations make
provision with respect to the exercise of functions under paragraph 9
by scheme authorities in Wales.
Provision of information
35
11
The scheme authority shall—
(a)
make such reports and returns to the appropriate national
authority, and
(b)
compile and give to that authority such information,

as that authority may require for the purpose of monitoring the
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operation or effect of a school travel scheme.
Interpretation
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In this Schedule—

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“appropriate national authority” means—
(a)
in relation to England, the Secretary of State, and
(b)
in relation to Wales, the National Assembly for Wales;

“scheme authority”, in relation to a school travel scheme, means
the local education authority by which the scheme is made.”
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2
Piloting of new provisions
(1)
The school travel scheme provisions shall be piloted—
(a)
in England, in accordance with regulations made by the Secretary of
State, and
(b)
in Wales, in accordance with regulations made by the National
10
Assembly for Wales.
(2)
Regulations under subsection (1)(a) or (b) may, in particular, provide for there
to be a limit on the number of school travel schemes which may be in force
while the school travel scheme provisions are being piloted.
(3)
Power to make regulations under subsection (1) is exercisable by statutory
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instrument.
(4)
Regulations under subsection (1)(a) shall be subject to annulment in pursuance
of a resolution of either House of Parliament.
(5)
In this section, “the school travel scheme provisions” means section 509ZAA of,
and Schedule 35B to, the Education Act 1996 (c. 56).
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3
Power to repeal new provisions
(1)
The Secretary of State may by order provide for the school travel scheme
provisions to cease to have effect in relation to local education authorities in
England with effect from such date as may be specified in the order.
(2)
The National Assembly for Wales may by order provide for the school travel
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scheme provisions to cease to have effect in relation to local education
authorities in Wales with effect from such date as may be specified in the order.
(3)
The earliest date which may be specified under subsection (1) or (2) is 1st
August 2011.
(4)
The latest date which may be specified under subsection (1) or (2) is 1st August
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2013.
(5)
Power to make an order under this section includes power—
(a)
to make consequential amendments and repeals in the Education Act
1996, and
(b)
to make transitional provision or savings.
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(6)
Power to make an order under this section is exercisable by statutory
instrument.
(7)
An order under subsection (1) may not be made unless a draft of the statutory
instrument containing the order has been laid before and approved by a
resolution of each House of Parliament.
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(8)
In this section, “the school travel scheme provisions” means section 509ZAA of,
and Schedule 35B to, the Education Act 1996.