|
| |
|
52 | Transport policy statements for persons of sixth form age: content and |
| |
| |
(1) | In section 509AB of the Education Act 1996 (c. 56) (provision of transport etc for |
| |
persons of sixth form age in England), after subsection (7) insert— |
| |
“(7A) | In preparing and publishing a statement under section 509AA, a local |
| 5 |
education authority must have regard to (among other things) the need |
| |
| |
(a) | include in the statement sufficient information about the |
| |
matters that the statement must specify, and |
| |
(b) | publish the statement in time, |
| 10 |
| to enable persons who will be of sixth form age when the statement has |
| |
effect and their parents to take reasonable account of those matters |
| |
when choosing between different establishments at which education or |
| |
| |
(2) | In section 509AA(10) for “by substituting a different date for 31st May” |
| 15 |
substitute “to change the time by which the statement must be published”. |
| |
53 | Complaints about transport arrangements etc for persons of sixth form age |
| |
(1) | The Education Act 1996 is amended as follows. |
| |
(2) | After section 509AD (local education authorities in England: duty to have |
| |
regard to religion or belief in exercise of travel functions) insert— |
| 20 |
“509AE | Complaints about transport arrangements etc for persons of sixth |
| |
| |
(1) | A local education authority may revise a statement prepared under |
| |
section 509AA to change the arrangements specified under subsection |
| |
(2) or (3) of that section if, as a result of a sixth form transport complaint, |
| 25 |
they have come to consider the change necessary for the purpose |
| |
mentioned in that subsection. |
| |
(2) | A local education authority must revise a statement prepared under |
| |
section 509AA to change the arrangements specified under subsection |
| |
(2) or (3) of that section if, as a result of a sixth form transport complaint, |
| 30 |
the Secretary of State has directed them to do so. |
| |
(3) | An authority that revise a statement under subsection (1) or (2) must |
| |
publish the revised statement and a description of the revision as soon |
| |
| |
(4) | The Secretary of State need not consider whether to exercise any power |
| 35 |
under sections 496 to 497A (powers to prevent unreasonable exercise of |
| |
functions, etc), section 509AA(9) (power to require LEA to make |
| |
additional transport arrangements), or subsection (2) of this section in |
| |
response to a matter that is, or could have been, the subject of a sixth |
| |
form transport complaint made to him or her unless satisfied that— |
| 40 |
(a) | the matter has been brought to the notice of the local education |
| |
| |
(b) | the authority have had a reasonable opportunity to investigate |
| |
| |
|
| |
|
| |
|
(5) | In this section “sixth form transport complaint” means a complaint that |
| |
| |
(a) | about a local education authority’s exercise of, or failure to |
| |
exercise, a function under sections 509AA to 509AD in relation |
| |
to persons of sixth form age, and |
| 5 |
(b) | made by a person who is, or will be, a person of sixth form age |
| |
when the matter complained of has effect, or by a parent of such |
| |
| |
| and “sixth form age” is to be construed in accordance with section |
| |
| 10 |
(6) | For the purposes of sections 509AA(8) and (9), 509AB(1) to (5), 509AC |
| |
and 509AD, the revision of a statement under this section is to be |
| |
treated as the preparation of a statement under section 509AA. |
| |
(7) | Where a local authority have published in a single document a |
| |
statement prepared under section 508G and a statement prepared |
| 15 |
under 509AA, the requirement to publish a revised statement under |
| |
subsection (3) is to be treated as a requirement to publish a version of |
| |
the document that includes the revised statement.” |
| |
(3) | In section 496 (power of Secretary of State to prevent unreasonable exercise of |
| |
functions), after subsection (4) (as inserted by section 206(1) of this Act) |
| 20 |
| |
“(5) | This section is subject to section 509AE (complaints about transport |
| |
arrangements etc for persons of sixth form age in England).” |
| |
(4) | In section 497 (general default powers of Secretary of State), after subsection (5) |
| |
(as inserted by section 206(2) of this Act) insert— |
| 25 |
“(6) | This section is subject to section 509AE (complaints about transport |
| |
arrangements etc for persons of sixth form age in England).” |
| |
(5) | In section 497A (power of Secretary of State to secure proper performance of |
| |
LEA’s functions), at the end insert— |
| |
“(8) | This section is subject to section 509AE (complaints about transport |
| 30 |
arrangements etc for persons of sixth form age in England).” |
| |
(6) | In section 509AA (provision of transport etc for persons of sixth form age), at |
| |
| |
“(11) | Subsection (9) is subject to section 509AE (complaints about transport |
| |
arrangements etc for persons of sixth form age in England).” |
| 35 |
54 | Local education authorities in England: provision of transport etc for adult |
| |
| |
(1) | The Education Act 1996 (c. 56) is amended as follows. |
| |
(2) | After section 508E (LEAs in England: school travel schemes) insert— |
| |
“508F | LEAs in England: provision of transport etc for adult learners |
| 40 |
(1) | A local education authority in England must make such arrangements |
| |
for the provision of transport and otherwise as they consider necessary, |
| |
or as the Secretary of State may direct, for the purposes mentioned in |
| |
| |
|
| |
|
| |
|
(2) | The first purpose is to facilitate the attendance of adults receiving |
| |
education at institutions— |
| |
(a) | maintained or assisted by the authority and providing further |
| |
or higher education (or both), or |
| |
(b) | within the further education sector. |
| 5 |
(3) | The second purpose is to facilitate the attendance of relevant young |
| |
adults receiving education or training at institutions outside both the |
| |
further and higher education sectors, but only in cases where the local |
| |
education authority have secured for the adults in question— |
| |
(a) | the provision of education or training at the institution in |
| 10 |
| |
(b) | the provision of boarding accommodation under section 514A. |
| |
(4) | Any transport provided under subsection (1) must be provided free of |
| |
| |
(5) | In considering whether they are required by subsection (1) to make |
| 15 |
arrangements in relation to a particular adult, a local education |
| |
authority must have regard (among other things) to the age of the adult |
| |
and the nature of the route, or alternative routes, which the adult could |
| |
reasonably be expected to take. |
| |
(6) | Arrangements made under subsection (1) by virtue of subsection (3) to |
| 20 |
facilitate full-time education or training at an institution outside both |
| |
the further or higher education sectors must be no less favourable than |
| |
the arrangements made for relevant young adults of the same age for |
| |
whom the authority secure the provision of education at another |
| |
| 25 |
(7) | A local education authority in England may pay all or part of the |
| |
reasonable travelling expenses of an adult— |
| |
(a) | receiving education or training at an institution mentioned in |
| |
subsection (2) or (3), and |
| |
(b) | for whose transport no arrangements are made under |
| 30 |
| |
| |
“adult” means a person who is neither a child nor a person of sixth |
| |
| |
“sixth form age” is to be construed in accordance with section |
| 35 |
| |
“relevant young adult” means an adult who is aged under 25 and |
| |
is subject to learning difficulty assessment. |
| |
(9) | Section 15ZA(9) (persons subject to learning difficulty assessment) |
| |
applies for the purposes of subsection (8) as it applies for the purposes |
| 40 |
| |
508G | LEAs in England: transport policy statements etc for certain young |
| |
| |
(1) | A local education authority in England making arrangements, or |
| |
proposing to pay travelling expenses, under section 508F in relation to |
| 45 |
relevant young adults must consult— |
| |
|
| |
|
| |
|
(a) | any other local education authority that they consider it |
| |
| |
(b) | governing bodies of institutions within the further education |
| |
sector in the authority’s area, |
| |
(c) | persons in the local education authority’s area who will be |
| 5 |
relevant young adults when the arrangements or payments |
| |
have effect, and their parents, |
| |
(d) | the Secretary of State, and |
| |
(e) | any other person specified by the Secretary of State. |
| |
(2) | The authority must prepare for each academic year a transport policy |
| 10 |
statement complying with the following requirements. |
| |
(3) | The statement must specify any transport or other arrangements, and |
| |
any payment of travelling expenses, made or to be made in relation to |
| |
the year under section 508F in relation to relevant young adults. |
| |
(4) | The statement must also specify any travel concessions (within the |
| 15 |
meaning of Part 5 of the Transport Act 1985) which are to be provided |
| |
under any scheme established under section 93 of that Act to relevant |
| |
young adults receiving education or training at an institution |
| |
mentioned in subsection (2) or (3) of section 508F. |
| |
(5) | The authority must publish the statement by the end of May in the year |
| 20 |
in which the relevant academic year begins. |
| |
(6) | In preparing and publishing the statement, the authority must have |
| |
regard to (among other things) the need to— |
| |
(a) | include in the statement sufficient information about the |
| |
matters that the statement must specify, and |
| 25 |
(b) | publish the statement in time, |
| |
| to enable relevant young adults and their parents to take reasonable |
| |
account of those matters when choosing between different institutions |
| |
at which education or training is provided. |
| |
(7) | In preparing and publishing the statement the authority must also have |
| 30 |
regard to any guidance issued by the Secretary of State under this |
| |
| |
(8) | The publication of a statement under this section in relation to an |
| |
academic year does not prevent an authority from— |
| |
(a) | making additional arrangements or payments under section |
| 35 |
508F in relation to the academic year, or |
| |
(b) | providing additional travel concessions in relation to the |
| |
| |
(9) | The Secretary of State may amend subsection (5) by order to change the |
| |
time by which the statement must be published. |
| 40 |
| |
“academic year” has the meaning given in section 509AC, |
| |
“governing body” has the meaning given in section 509AC, and |
| |
“relevant young adult” has the meaning given in section 508F.” |
| |
(3) | In section 509AD(2) (LEAs in England: duty to have regard to religion or belief |
| 45 |
|
| |
|
| |
|
in exercise of travel functions) for the entry relating to section 508F substitute— |
| |
“section 508F (LEAs in England: provision of transport etc for |
| |
| |
(4) | Section 509 (provision of transport etc) ceases to have effect. |
| |
(5) | Section 81 of the Education and Inspections Act 2006 (c. 40) (LEAs in England: |
| 5 |
provision of transport etc for certain adult learners) ceases to have effect. |
| |
Powers in respect of non-maintained schools |
| |
55 | Power of LEAs to arrange provision of education at non-maintained schools |
| |
(1) | The following provisions cease to have effect— |
| |
(a) | section 128 of the School Standards and Framework Act 1998 (c. 31), |
| 10 |
| |
(b) | paragraph 64 of Schedule 30 to that Act. |
| |
(2) | Accordingly, sections 16 and 18 of the Education Act 1996 (c. 56) (powers of |
| |
LEAs to assist, and arrange provision of education at, non-maintained schools) |
| |
continue to have effect as if the provisions mentioned in subsection (1) had |
| 15 |
| |
| |
56 | Minor and consequential amendments |
| |
Schedule 2 contains minor and consequential amendments relating to the |
| |
provision made by this Part. |
| 20 |
| |
The Young People’s Learning Agency for England |
| |
| |
| |
57 | The Young People’s Learning Agency for England |
| 25 |
(1) | There is to be a body corporate known as the Young People’s Learning Agency |
| |
| |
(2) | In this Part that body is referred to as “the YPLA”. |
| |
(3) | Except as provided for in sections 65 to 67, the YPLA is to perform its functions |
| |
in relation to England only. |
| 30 |
(4) | Schedule 3 makes further provision about the YPLA. |
| |
|
| |
|
| |
|
| |
| |
| |
58 | Provision of financial resources |
| |
(1) | The YPLA must secure the provision of financial resources to— |
| 5 |
(a) | persons providing or proposing to provide suitable education or |
| |
| |
(i) | who are over compulsory school age but under 19, or |
| |
(ii) | who are aged 19 or over but under 25 and are subject to learning |
| |
| 10 |
(b) | local education authorities, for the purposes of their functions in |
| |
relation to such education or training. |
| |
(2) | The YPLA must also secure the provision of financial resources in accordance |
| |
with any directions given to it by the Secretary of State. |
| |
(3) | The YPLA may secure the provision of financial resources to— |
| 15 |
(a) | persons providing or proposing to provide education or training to |
| |
persons who are of or under compulsory school age; |
| |
(b) | persons providing or proposing to provide education or training to |
| |
persons aged 19 or over, in respect of education or training begun by |
| |
them before reaching the age of 19; |
| 20 |
(c) | local education authorities, for the purposes of their functions in |
| |
relation to education or training in respect of which the YPLA has |
| |
power to secure the provision of financial resources under paragraph |
| |
| |
(4) | The YPLA may also secure the provision of financial resources— |
| 25 |
(a) | to or in respect of persons (of any age) for purposes related to enabling, |
| |
facilitating or encouraging their participation in education or training; |
| |
(b) | to persons providing or proposing to provide goods or services in |
| |
connection with the provision by others of education or training within |
| |
subsection (1)(a) or (3)(a) or (b); |
| 30 |
(c) | to persons undertaking or proposing to undertake research relating to |
| |
| |
(d) | to persons providing or proposing to provide work experience for |
| |
persons receiving education; |
| |
(e) | to persons carrying out means tests under arrangements made under |
| 35 |
| |
(f) | to persons providing or proposing to provide information, advice or |
| |
guidance about education or training or connected matters (including |
| |
| |
(5) | In performing its functions under this section the YPLA must make the best use |
| 40 |
of its resources and in particular avoid provision that might give rise to |
| |
disproportionate expenditure. |
| |
(6) | Provision is not to be considered as giving rise to disproportionate expenditure |
| |
only because it is more expensive than comparable provision. |
| |
|
| |
|
| |
|
(7) | The YPLA may secure the provision of financial resources under this section— |
| |
(a) | by providing the resources; |
| |
(b) | by making arrangements for the provision of resources by another |
| |
| |
(c) | by making arrangements for the provision of resources by persons |
| 5 |
jointly (whether or not including the YPLA). |
| |
(8) | The YPLA may under subsection (4)(a) secure the provision of financial |
| |
resources by reference to— |
| |
(a) | any fees or charges payable by the person receiving or proposing to |
| |
receive the education or training, or |
| 10 |
(b) | any other matter (such as transport or childcare). |
| |
(9) | The reference in subsection (1) to persons— |
| |
(a) | who are over compulsory school age but under 19, or |
| |
(b) | who are aged 19 or over but under 25 and are subject to learning |
| |
| 15 |
| does not include persons who are subject to adult detention within the |
| |
meaning given in section 118(5). |
| |
(10) | Directions given under subsection (2) may not concern the provision of |
| |
financial resources to or in respect of a particular person or persons. |
| |
59 | Financial resources: conditions |
| 20 |
(1) | Financial resources provided by the YPLA may be provided subject to |
| |
| |
(2) | The conditions may include— |
| |
(a) | information conditions; |
| |
(b) | operational conditions; |
| 25 |
(c) | repayment conditions. |
| |
(3) | Information conditions are conditions which— |
| |
(a) | require the YPLA, or a person designated by the YPLA, to be given |
| |
access to a person’s accounts and documents and to be given rights in |
| |
relation to a person’s computers and associated apparatus and |
| 30 |
| |
(b) | require a person to whom financial resources are provided to give to |
| |
the YPLA such information as the YPLA may request for the purpose |
| |
of carrying out its functions. |
| |
(4) | Operational conditions are conditions which require a person providing or |
| 35 |
proposing to provide education or training (“the provider”) to make |
| |
arrangements providing for all or any of the matters mentioned in subsection |
| |
| |
(5) | The matters are the following— |
| |
(a) | the charging of fees by the provider by reference to specified criteria; |
| 40 |
(b) | the making of awards by the provider by reference to specified criteria; |
| |
(c) | the recovery by the provider of amounts from persons receiving |
| |
education or training or from employers (or from both); |
| |
(d) | the determination of amounts by reference to specified criteria where |
| |
provision is made under paragraph (c); |
| 45 |
|
| |
|