Education and Inspections Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Education and Inspections Bill

Education and Inspections Bill
Part 6 — School travel and school food
50

(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 (within the meaning of that Schedule) at
which the child is a registered pupil referred to in the paragraph
in question, and
5
(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 paragraph in question.
10
(11)
Regulations may modify subsections (1) and (2) to provide for their
application in cases where there is more than one relevant educational
establishment in relation to a child.
508C
LEAs in England: travel arrangements etc for other children
(1)
A local education authority in England may make such school travel
15
arrangements as they consider necessary, in relation to any child in the
authority’s area to whom this section applies, for the purpose of
facilitating the child’s attendance at any relevant educational
establishment in relation to the child.
(2)
This section applies to a child who is not an eligible child for the
20
purposes of section 508B.
(3)
“School travel arrangements”, in relation to such a child, are travel
arrangements relating to travel in either direction between his home
and any relevant educational establishment in relation to the child, or
in both directions.
25
(4)
“Travel arrangements”, in relation to such a 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 with
the consent of a parent of the child—
30
(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 any relevant
educational establishment in relation to the child;
(ii)
arrangements for the payment of the whole or any part
35
of a person’s reasonable travelling expenses;
(iii)
arrangements for the payment of allowances in respect
of the use of particular modes of travel.
(5)
A local education authority in England may pay, in the case of a child
in the authority’s area to whom this section applies and in relation to
40
whom no arrangements are made by the authority under subsection
(1), the whole or any part, as they think fit, of a person’s reasonable
travelling expenses in relation to that child’s travel in either direction
between his home and any relevant educational establishment in
relation to the child, or in both directions.
45
(6)
References to a “relevant educational establishment”, in relation to a
child to whom this section applies, are references to—
(a)
any school at which he is a registered pupil,

Education and Inspections Bill
Part 6 — School travel and school food
51

(b)
any institution within the further education sector at which he
is receiving education, or
(c)
any place other than a school where he is receiving education by
virtue of arrangements made in pursuance of section 19(1).
508D
Guidance etc in relation to sections 508B and 508C
5
(1)
The Secretary of State must issue, and may from time to time revise,
guidance in relation to the discharge by a local education authority of
their functions under sections 508B and 508C.
(2)
Before issuing or revising guidance under subsection (1), the Secretary
of State must consult such persons as he considers appropriate.
10
(3)
In discharging their functions under sections 508B and 508C an
authority must have regard to any guidance given from time to time by
the Secretary of State under subsection (1).
(4)
Regulations may require a local education authority to publish, at such
times and in such manner as may be prescribed, such information as
15
may be prescribed with respect to the authority’s policy and
arrangements relating to the discharge of their functions under section
508B or 508C.”
(2)
Schedule 8 (which inserts Schedule 35B to EA 1996) has effect.
65
LEAs in England: school travel schemes
20
(1)
After section 508D of EA 1996 (inserted by section 64 above) insert—
“508E
LEAs in England: school travel schemes
(1)
Schedule 35C has effect in relation to school travel schemes.
(2)
Where a school travel scheme is in force under Schedule 35C, the local
education authority in England by which the scheme is made must give
25
effect to the scheme by—
(a)
making the arrangements which are set out in the scheme as
described in paragraph 2(1) of that Schedule as arrangements to
be made by the authority,
(b)
complying with the requirement of the scheme described in
30
paragraph 2(5) of that Schedule (requirement to make suitable
alternative arrangements),
(c)
complying with the requirement of the scheme described in
paragraph 3 of that Schedule (travel arrangements for eligible
children), and
35
(d)
complying with the scheme’s policy applicable to charging and
any other requirements of the scheme.
(3)
Where a school travel scheme is in force under Schedule 35C, the local
education authority in England by which the scheme is made do not
have any functions under section 508B or 508C in relation to children in
40
their area.
(4)
The Secretary of State must issue, and may from time to time revise,
guidance in relation to the discharge by a local education authority in
England of any duty under subsection (2) or of any functions under
Schedule 35C.
45

Education and Inspections Bill
Part 6 — School travel and school food
52

(5)
Before issuing or revising guidance under subsection (4), the Secretary
of State must consult such persons as he considers appropriate.
(6)
In discharging any duty under subsection (2) and in exercising any
functions under Schedule 35C, a local education authority in England
must have regard to any guidance given from time to time by the
5
Secretary of State under subsection (4).”
(2)
Schedule 9 (which inserts Schedule 35C to EA 1996) has effect.
66
Piloting of school travel scheme provisions
(1)
The school travel scheme provisions are to be piloted in accordance with
regulations made by the Secretary of State.
10
(2)
Regulations under subsection (1) 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)
In this section, “the school travel scheme provisions” means section 508E of,
and Schedule 35C to, EA 1996.
15
67
Power to repeal school travel scheme provisions etc
(1)
The Secretary of State must prepare and publish, before 1st January 2012, an
evaluation of the operation and effect of school travel schemes approved under
Schedule 35C to EA 1996.
(2)
The Secretary of State may by order provide for the school travel scheme
20
provisions to cease to have effect in relation to local education authorities with
effect from such date as may be specified in the order.
(3)
The earliest date which may be specified under subsection (2) is 1st August
2012.
(4)
The latest date which may be specified under subsection (2) is 1st August 2015.
25
(5)
Power to make an order under this section includes power to make
consequential amendments and repeals in any enactment, including this Act
and enactments passed or made after the passing of this Act.
(6)
In this section, “the school travel scheme provisions” means section 508E of,
and Schedule 35C to, EA 1996.
30
68
LEAs in England: provision of transport etc for certain adult learners
After section 508E of EA 1996 (inserted by section 65 above) insert—
“508F
LEAs in England: provision of transport etc for certain adult learners
(1)
A local education authority in England must make such arrangements
for the provision of transport and otherwise as they consider necessary,
35
or as the Secretary of State may direct, for the purpose of facilitating the
attendance of qualifying adult learners receiving education or training
at an institution outside both the further education and higher
education sectors.
(2)
“Qualifying adult learners” means adult learners for whom the
40
Learning and Skills Council for England has secured—

Education and Inspections Bill
Part 6 — School travel and school food
53

(a)
the provision of education or training at the institution in
question, and
(b)
the provision of boarding accommodation under section 13 of
the Learning and Skills Act 2000 (persons with learning
difficulties).
5
(3)
Any transport provided in pursuance of arrangements under
subsection (1) must be provided free of charge.
(4)
A local education authority in England may pay the whole or any part,
as they think fit, of the reasonable travelling expenses of any adult
learner receiving education or training at an institution outside both the
10
further education and higher education sectors for whose transport no
arrangements are made under subsection (1).
(5)
In considering whether or not they are required by subsection (1) to
make arrangements in relation to a particular person, a local education
authority must have regard, amongst other things, to the age of the
15
person and the nature of the routes which he could reasonably be
expected to take.
(6)
Arrangements made by a local education authority under subsection
(1) must make provision for persons receiving full-time education or
training at institutions mentioned in subsection (1) which is no less
20
favourable than the provision made in pursuance of the arrangements
for persons of the same age with learning difficulties (within the
meaning of section 13 of the Learning and Skills Act 2000) for whom the
authority secure the provision of education at any other institution.
(7)
“Adult learner” means a person who is neither a child nor a person of
25
sixth form age.
(8)
The reference in subsection (7) to a person of sixth form age is to be
construed in accordance with subsection (1) of section 509AC.”
69
Amendment of section 444 of EA 1996
(1)
Section 444 of EA 1996 (offence of failing to secure regular attendance at school
30
of registered pupil) is amended as follows.
(2)
After subsection (3) insert—
“(3A)
Subsection (3B) applies where the child’s home is in England and the
school at which he is a registered pupil is a qualifying school.
(3B)
The child shall not be taken to have failed to attend regularly at the
35
school if the parent proves—
(a)
that the school at which the child is a registered pupil is not
within walking distance of the child’s home,
(b)
that no suitable arrangements have been made by the local
education authority for boarding accommodation for him at or
40
near the school,
(c)
that no suitable arrangements have been made by the local
education authority for enabling him to become a registered
pupil at a qualifying school nearer to his home, and
(d)
that—
45

Education and Inspections Bill
Part 6 — School travel and school food
54

(i)
the local education authority have a duty to make travel
arrangements in relation to the child under section
508B(1) for the purpose of facilitating the child’s
attendance at the school and have failed to discharge
that duty, or
5
(ii)
the local education authority have a duty to make travel
arrangements in relation to the child by virtue of
subsection (2)(c) of section 508E (school travel schemes)
for the purpose of facilitating the child’s attendance at
the school and have failed to discharge that duty.
10
(3C)
Subsection (3D) applies where the child’s home is in England and the
school at which he is a registered pupil is a school other than a
qualifying school.
(3D)
The child shall not be taken to have failed to attend regularly at the
school if the parent proves—
15
(a)
that the school at which the child is a registered pupil is not
within walking distance of the child’s home,
(b)
that no suitable arrangements have been made by the local
education authority for boarding accommodation for him at or
near the school, and
20
(c)
that no suitable arrangements have been made by the local
education authority for enabling him to become a registered
pupil at a qualifying school nearer to his home.
(3E)
Subsection (4) applies where the child’s home is in Wales.”
(3)
After subsection (4) insert—
25
“(4A)
For the purposes of subsections (3A) to (3D), “qualifying school” has
the same meaning as it has for the purposes of Schedule 35B (meaning
of “eligible child” for the purposes of section 508B).
(4B)
For the purposes of subsection (3B)(d)—
(a)
the reference to “travel arrangements” in sub-paragraph (i) has
30
the same meaning as in section 508B, and
(b)
the reference to “travel arrangements” in sub-paragraph (ii) has
the same meaning as in paragraph 3 of Schedule 35C.”
(4)
In subsections (5) and (6) for “subsection (4)” substitute “subsections (3B), (3D)
and (4)”.
35
(5)
The amendments made by this section do not apply in relation to any failure of
a child to attend at a school or other place in relation to which section 444 of EA
1996 applies which occurs on a day before this section comes into force.
70
Learning and Skills Council for England: transport etc for persons of sixth
form age
40
(1)
In section 509AA of EA 1996 (provision of transport etc for persons of sixth
form age)—
(a)
in subsection (9)—
(i)
for “Secretary of State” substitute “appropriate authority”, and
(ii)
for “he” substitute “it”,
45

Education and Inspections Bill
Part 6 — School travel and school food
55

(b)
after subsection (9) insert—
“(9A)
The “appropriate authority” means—
(a)
in the case of a local education authority in England, the
Secretary of State, and
(b)
in the case of a local education authority in Wales, the
5
National Assembly for Wales.”, and
(c)
in subsection (10), after “Secretary of State” insert “(in relation to local
education authorities in England) or the National Assembly for Wales
(in relation to local education authorities in Wales)”.
(2)
In section 509AB of EA 1996 (further provision about transport policy
10
statements)—
(a)
in subsection (5), for the words from “by the Secretary” to the end
substitute “under this section—
(a)
by the Learning and Skills Council for England (in the
case of an authority in England), or
15
(b)
by the National Assembly for Wales (in the case of an
authority in Wales).”,
(b)
in subsection (6)(d), for the words from “by the Secretary” to the end
substitute “for the purposes of this section by the Learning and Skills
Council for England (in the case of an authority in England) or the
20
National Assembly for Wales (in the case of an authority in Wales).”,
and
(c)
after subsection (7) insert—
“(8)
Any guidance issued by the Learning and Skills Council for
England under this section must be published in such manner
25
as the Council thinks fit.”
(3)
In section 509AC of EA 1996 (interpretation of sections 509AA and 509AB)—
(a)
in subsection (6), after “subsection (5)” insert “in relation to its
application in the case of local education authorities in England”, and
(b)
after subsection (6) insert—
30
“(7)
The National Assembly for Wales may by order amend the
definition of “academic year” in subsection (5) in relation to its
application in the case of local education authorities in Wales.”
(4)
In section 18 of the Learning and Skills Act 2000 (c. 21) (supplementary
functions of Learning and Skills Council for England), after subsection (5)
35
insert—
“(6)
The Secretary of State may by order confer or impose on the Council
such powers or duties falling within subsection (7) as he thinks fit.
(7)
A power or duty falls within this subsection if it is exercisable in
connection with—
40
(a)
the Secretary of State’s function under section 509AA(9) of the
Education Act 1996 (power to direct LEA to make arrangements
additional to those specified in transport policy statement), or
(b)
any function of the Secretary of State under any of sections 496
to 497B of the Education Act 1996 as regards anything done,
45
proposed to be done or omitted to be done by a local education
authority in England under section 509AA or 509AB of that
Act.”