Powers to repeal or extend
43. The draft Explanatory Notes set out the powers
of the Secretary of State in relation to school travel schemes.
The draft Bill
"gives power to the Secretary of State and
National Assembly to provide by order that the new provisions
will cease to have effect in England or Wales, as the case may
be. Such an order may contain transitional provisions and, if
made by the Secretary of State, is subject to affirmative resolution.
Subsection (3) provides that the earliest date on which the new
provisions could cease to have effect under such an order is 1
August 2011.
It is envisaged that an order under this clause would
be made if, as a result of the piloting of the new provisions
under clause 2, the effects of the new provisions are not considered
a success. If an order is not made the new provisions will continue
after the pilot is completed and there will then be no limit on
the number of participating LEAs."[54]
This effectively means that in 2011 the pilot schemes
will be reviewed by the Secretary of State and by the National
Assembly, who will decide which schemes, if any, have been a success.
This decision to repeal or to roll out schemes will be implemented
via secondary legislation.
44. In its report on School Transport, the Transport
Select Committee concluded:
"In effect, the Secretary of State for Education
in England and the National Assembly in Wales would have power
to determine the way in which school transport should be provided,
without any further report on the success of schemes, or sanction
by Parliament. This is not acceptable."[55]
We share the unease of the Transport Select Committee
in regard to the nature of the powers that the draft Bill confers
to the Secretary of State. The wording of the Bill does not make
clear how the rollout will be effectuated and the effect on local
authorities who have not participated in the pilot programme.
The conclusion and evaluation of the school
travel schemes should be the occasion for a report to Parliament.
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