Education and Inspections Bill

House of Commons

Session 2005 - 06
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Education and Inspections Bill

Education and Inspections Bill
Schedule 9 — School travel schemes
188

Schedule 9
Section 65

School travel schemes

After Schedule 35B to EA 1996 (inserted by section 64 above) insert—
“Schedule 35C
Section 508E

School Travel Schemes
5
Power to make scheme
1     (1)
A local education authority in England may make a school travel
scheme for their area.
      (2)
Before making a school travel scheme, a local education authority
must consult such persons as the authority consider appropriate.
10
Arrangements to be included in scheme
2     (1)
A school travel scheme must set out (in general terms) what
arrangements in connection with the attendance of children in the
authority’s area receiving education—
(a)
at schools,
15
(b)
at any institution within the further education sector, or
(c)
at any other place by virtue of arrangements made in
pursuance of section 19(1),

the scheme authority consider it appropriate to be made in
relation to travel to and from such places.
20
      (2)
Those arrangements are to be either or both of the following—
(a)
arrangements to be made by the authority;
(b)
arrangements to be made by any other persons.
      (3)
A school travel scheme may include travel arrangements of any
description and may, in particular, include—
25
(a)
arrangements for the provision of transport;
(b)
any of the following arrangements only if made with the
relevant parental consent—
(i)
arrangements for the provision of one or more
persons to escort a child (whether alone or together
30
with other children) when travelling to or from any
of the places mentioned in any of paragraphs (a) to
(c) of sub-paragraph (1);
(ii)
arrangements for the payment of the whole or any
part of a person’s reasonable travelling expenses;
35
(iii)
arrangements for the payment of allowances in
respect of the use of particular modes of travel;
(c)
arrangements to facilitate or promote the use of particular
modes of travel.
      (4)
The reference in sub-paragraph (3) to the relevant parental consent
40
is to the consent of a parent of each child in relation to whom the
arrangements in question are made.

Education and Inspections Bill
Schedule 9 — School travel schemes
189

      (5)
A school travel scheme must require that if any arrangements set
out in the scheme involve arrangements to be made by any person
other than the scheme authority and those arrangements—
(a)
are not made by that person or by any other persons, or
(b)
are so made but are not given effect to in compliance with
5
the requirements of the scheme,

the scheme authority must make suitable alternative
arrangements.
Travel arrangements for “eligible children”
3     (1)
A school travel scheme must require that, in the case of an eligible
10
child in the scheme authority’s area to whom sub-paragraph (2)
applies, the authority must make such travel arrangements as they
consider necessary in order to secure that suitable home to school
travel arrangements, for the purpose of facilitating the child’s
attendance at the relevant educational establishment in relation to
15
him, are made in relation to the child.
      (2)
This sub-paragraph applies to an eligible child where all the travel
arrangements (if any) made by any person or persons other than
the scheme authority in relation to the child taken together do not
provide suitable home to school travel arrangements for the
20
purpose of facilitating the child’s attendance at the relevant
educational establishment in relation to him.
      (3)
“Home to school travel arrangements”, in relation to an eligible
child, are travel arrangements relating to travel in both directions
between the child’s home and the relevant educational
25
establishment in question in relation to that child.
      (4)
“Travel arrangements”, in relation to an eligible child, are travel
arrangements of any description and include—
(a)
arrangements for the provision of transport, and
(b)
any of the following arrangements only if they are made
30
with the consent of a parent of the child—
(i)
arrangements for the provision of one or more
persons to escort the child (whether alone or
together with other children) when travelling to or
from the relevant educational establishment in
35
relation to the child;
(ii)
arrangements for the payment of the whole or any
part of a person’s reasonable travelling expenses;
(iii)
arrangements for the payment of allowances in
respect of the use of particular modes of travel.
40
      (5)
“Travel arrangements”, in relation to an eligible child, include
travel arrangements of any description made by any parent of the
child only if those arrangements are made by the parent
voluntarily.
      (6)
Regulations may modify sub-paragraphs (1) and (2) to provide for
45
their application in cases where there is more than one relevant
educational establishment in relation to a child.

Education and Inspections Bill
Schedule 9 — School travel schemes
190

4     (1)
For the purposes of paragraph 3, an “eligible child” is a child who
falls within any of the following paragraphs of Schedule 35B—
(a)
paragraph 2 or 3 (children of compulsory school age with
special educational needs, a disability or mobility
problems);
5
(b)
paragraph 4 or 5 (children of compulsory school age who
cannot reasonably be expected to walk because of the
nature of the routes);
(c)
paragraph 6 or 7 (children of compulsory school age who
live outside walking distance and for whom no suitable
10
alternative arrangements are made);
(d)
paragraph 9, 10, 11 or 12 (children aged 8 or over who are
entitled to free school meals etc).
      (2)
References in paragraph 3 to the “relevant educational
establishment”, in relation to an eligible child, are references to—
15
(a)
in the case of a child who is an eligible child by virtue of
falling within any of paragraphs 2, 4, 6, 9 and 11 of
Schedule 35B, the qualifying school at which the child is a
registered pupil referred to in the paragraph in question,
and
20
(b)
in the case of a child who is an eligible child by virtue of
falling within any of paragraphs 3, 5, 7, 10 and 12 of
Schedule 35B, the place other than a school, where the
child is receiving education by virtue of arrangements
made in pursuance of section 19(1), referred to in the
25
paragraph in question.
Charges
5     (1)
A school travel scheme must set out the policy applicable to
charging in relation to anything provided in pursuance of the
scheme.
30
      (2)
The policy to be set out under sub-paragraph (1) must include
provision to the effect that anything provided in pursuance of the
scheme for a protected child is provided free of charge.
      (3)
The policy to be set out under sub-paragraph (1) must include
provision to the effect mentioned in sub-paragraph (3) of
35
paragraph 7 in relation to any child falling within sub-paragraph
(1) or (2) of that paragraph.
6     (1)
For the purposes of paragraph 5, a “protected child” is a child of
compulsory school age in the scheme authority’s area who falls
within any of sub-paragraphs (2) to (4).
40
      (2)
A child falls within this sub-paragraph if he is a child falling
within any of the following paragraphs of Schedule 35B—
(a)
paragraph 2 or 3 (children of compulsory school age with
special educational needs, a disability or mobility
problems);
45
(b)
paragraph 4 or 5 (children of compulsory school age who
cannot reasonably be expected to walk because of nature of
routes).

Education and Inspections Bill
Schedule 9 — School travel schemes
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      (3)
A child falls within this sub-paragraph if he is within section
512ZB(4) (provision of free school lunches and milk).
      (4)
A child falls within this sub-paragraph if—
(a)
a parent of the child, with whom the child is ordinarily
resident, is a person to whom working tax credit is
5
awarded, and
(b)
the award is at the rate which is the maximum rate for the
parent’s case or, in the case of an award to him jointly with
another, at the rate which is the maximum rate for their
case.
10
7     (1)
For the purposes of paragraph 5(3), a child falls within this sub-
paragraph if—
(a)
he is of compulsory school age and is any of the
following—
a child with special educational needs;
15
a disabled child;
a child with mobility problems,
(b)
he is a registered pupil at a qualifying school which is not
within walking distance of his home, and
(c)
no suitable arrangements have been made by the local
20
education authority for enabling him to become a
registered pupil at a qualifying school nearer to his home.
      (2)
For the purposes of paragraph 5(3), a child falls within this sub-
paragraph if—
(a)
he is of compulsory school age and is any of the
25
following—
a child with special educational needs;
a disabled child;
a child with mobility problems,
(b)
he is receiving education at a place other than a school by
30
virtue of arrangements made in pursuance of section 19(1),
and
(c)
that place is not within walking distance of his home.
      (3)
The effect referred to in paragraph 5(3) is that the amount payable
in respect of anything provided in pursuance of the scheme for a
35
child falling within sub-paragraph (1) or (2) is not to exceed the
amount (if any) which would be payable under the scheme if—
(a)
he were a child who is not a child with special educational
needs, a disabled child or a child with mobility problems,
(b)
in the case of a child falling within sub-paragraph (1), he
40
were registered as a pupil at his nearest qualifying school,
and
(c)
he took full advantage of any arrangements under the
scheme for the provision of transport for persons of his
description.
45
      (4)
In sub-paragraph (3)(b), the reference to the child’s nearest
qualifying school is to whichever of the following is the nearest to
his home to provide education for persons of his age who are not

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Schedule 9 — School travel schemes
192

children with special educational needs, disabled children or
children with mobility problems—
(a)
a community school,
(b)
a foundation school,
(c)
a voluntary school,
5
(d)
an Academy,
(e)
a city technology college, and
(f)
a city college for the technology of the arts.
8
Any sum payable in respect of a charge for anything provided by
the scheme authority in pursuance of arrangements made by that
10
authority in pursuance of a school travel scheme is to be
recoverable summarily as a civil debt.
9     (1)
This paragraph applies if a school travel scheme will give rise to
any need to incur expenditure in order for a child to take
advantage of anything provided for him in pursuance of the
15
scheme.
      (2)
The scheme must include provision for any expenditure that
needs to be incurred for the purpose mentioned in sub-paragraph
(1) in the case of a protected child to be met by the scheme
authority.
20
      (3)
“Protected child” has the meaning given for the purposes of
paragraph 5.
Commencement of scheme
10    (1)
A school travel scheme is not to come into force unless approved
by the Secretary of State.
25
      (2)
A school travel scheme which has been approved by the Secretary
of State is to come into force in accordance with directions given
by the Secretary of State.
      (3)
The earliest date on which a school travel scheme may come into
force is 31 August 2007.
30
Amendment or revocation of scheme
11    (1)
The scheme authority may amend or revoke a school travel
scheme.
      (2)
Before amending a school travel scheme, the scheme authority
must consult such persons as they consider appropriate.
35
      (3)
The power of amendment under sub-paragraph (1) is exercisable
only with the consent of the Secretary of State.
      (4)
The Secretary of State may consent to the exercise of the power of
amendment under sub-paragraph (1) on an application by the
scheme authority specifying the proposed exercise of the power.
40
      (5)
If on an application under sub-paragraph (4) the Secretary of State
consents to the exercise of the power of amendment under sub-

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Schedule 9 — School travel schemes
193

paragraph (1), the scheme authority must exercise the power
accordingly.
      (6)
Any amendment under this paragraph is to come into force in
accordance with directions given by the Secretary of State.
Provision of information
5
12    (1)
The scheme authority must—
(a)
make such reports and returns to the Secretary of State,
and
(b)
compile and give to the Secretary of State such
information,
10

as the Secretary of State may require for any of the purposes
mentioned in sub-paragraph (2).
      (2)
Those purposes are—
(a)
the purpose of monitoring the operation or effect of a
school travel scheme approved under this Schedule;
15
(b)
the purpose of preparing or publishing an evaluation
under section 67 of the Education and Inspections Act
2006.
Guidance
13    (1)
The Secretary of State must issue, and may from time to time
20
revise, guidance as to the matters which he will take into account
in exercising his power under paragraph 10(1) or 11(3).
      (2)
Before issuing or revising guidance under sub-paragraph (1), the
Secretary of State must consult such persons as he considers
appropriate.
25
Interpretation
14
In this Schedule—
“disabled child” means a child who has a disability for the
purposes of the Disability Discrimination Act 1995, and
“disability” is to be construed accordingly;
30
“qualifying school” has the same meaning as it has for the
purposes of Schedule 35B;
“scheme authority”, in relation to a school travel scheme,
means the local education authority by which the scheme
is made;
35
“walking distance” has the meaning given by section 444(5).”