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Make provision for school travel schemes; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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(1) | In the Education Act 1996 (c. 56), after section 509 there is inserted— |
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“509ZAA | School travel schemes |
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(1) | Schedule 35B has effect in relation to school travel schemes. |
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(2) | Where a school travel scheme is in force, the local education authority |
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by which the scheme is made— |
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(a) | shall give effect to the scheme, and |
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(b) | shall not have any function under section 509(1) or (3) in |
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relation to a child in the area for which the scheme is made.” |
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(2) | In that Act, after Schedule 35A there is inserted— |
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1 | A local education authority may make a school travel scheme for the |
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whole or any part of their area. |
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Arrangements to be included in scheme |
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2 (1) | A school travel scheme shall set out (in general terms) what |
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arrangements in connection with the attendance of children |
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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 |
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pursuance of section 19(1) (exceptional provision of |
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education in pupil referral units or elsewhere), |
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| the scheme authority consider it appropriate to make in relation to |
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travel to and from such places. |
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(2) | A school travel scheme may include travel arrangements of any |
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description and may, in particular, include— |
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(a) | arrangements for the provision of transport, |
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(b) | arrangements for the payment of the whole or any part of a |
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person’s reasonable travelling expenses, and |
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(c) | arrangements to facilitate or promote the use of different |
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3 (1) | The arrangements to be set out in a school travel scheme shall |
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include arrangements such as to secure that, in relation to any child |
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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 |
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(a) | the school at which he is a registered pupil is not within |
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walking distance of his home, |
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(b) | no suitable arrangements have been made by the scheme |
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authority for boarding accommodation for him at or near the |
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(c) | no suitable arrangements have been made by the scheme |
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authority for enabling him to become a registered pupil at a |
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school nearer to his home. |
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(2) | Where a child is registered at both a pupil referral unit and a school |
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other than a unit, the references in sub-paragraph (1) to the school at |
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which he is a registered pupil shall be read as references to the unit. |
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(3) | In this paragraph, “walking distance” has the meaning given by |
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4 (1) | A school travel scheme shall set out the policy applicable to charging |
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in relation to anything provided in pursuance of the scheme. |
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(2) | The policy to be set out under sub-paragraph (1) shall include |
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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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5 | Any sum payable in respect of a charge for anything provided in |
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pursuance of a school travel scheme shall be recoverable summarily |
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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 |
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in pursuance of the scheme, the scheme shall include provision for |
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any expenditure that needs to be incurred for that purpose in the case |
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of a protected child to be met by the scheme authority. |
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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 |
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(i) | no suitable arrangements have been made by the |
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scheme authority for enabling him to become a |
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registered pupil at a school nearer to his home, and |
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(ii) | the appropriate condition is met. |
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(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 |
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that the child is within section 512ZB(4). |
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(3) | In the case of a school travel scheme for an area in Wales, the |
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appropriate condition for the purposes of sub-paragraph (1)(b)(ii) is |
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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. |
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8 (1) | A school travel scheme shall not come into force unless approved by |
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the appropriate national authority. |
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(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 |
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directions given by that authority. |
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Amendment or revocation of scheme |
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9 (1) | The scheme authority may amend or revoke a school travel scheme. |
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(2) | The power of amendment under sub-paragraph (1) is exercisable |
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only with the consent of the appropriate national authority. |
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(3) | The appropriate national authority may consent to the exercise of the |
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power of amendment under sub-paragraph (1) on an application by |
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the scheme authority specifying the proposed exercise of the power. |
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(4) | If on an application under sub-paragraph (3) the appropriate |
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national authority consents to the exercise of the power of |
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amendment under sub-paragraph (1), the scheme authority shall |
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exercise the power accordingly. |
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(5) | Amendment under this paragraph shall come into force in |
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accordance with directions given by the appropriate national |
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10 | The scheme authority shall— |
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(a) | make such reports and returns to the appropriate national |
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(b) | compile and give to that authority such information, |
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| as that authority may require for the purpose of monitoring the |
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operation or effect of a school travel scheme. |
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11 (1) | The appropriate national authority shall issue, and may from time to |
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(a) | guidance as to the matters which the authority will take into |
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account in exercising its power under paragraph 8(1) or 9(2), |
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(b) | guidance with respect to the discharge by a local education |
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authority of functions under this Schedule. |
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(2) | It shall be the duty of a local education authority when exercising |
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functions under this Schedule to have regard to any relevant |
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guidance under sub-paragraph (1)(b). |
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(3) | The appropriate national authority shall publish the guidance for the |
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time being in force under sub-paragraph (1). |
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“appropriate national authority” means— |
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(a) | in relation to England, the Secretary of State, and |
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(b) | in relation to Wales, the National Assembly for Wales; |
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“scheme authority”, in relation to a school travel scheme, means |
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the local education authority by which the scheme is made.” |
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2 | Piloting of new provisions |
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(1) | The school travel scheme provisions shall be piloted— |
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(a) | in England, in accordance with regulations made by the Secretary of |
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(b) | in Wales, in accordance with regulations made by the National |
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(2) | Regulations under subsection (1)(a) or (b) may, in particular, provide for there |
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to be a limit on the number of school travel schemes which may be in force |
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while the school travel scheme provisions are being piloted. |
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(3) | Power to make regulations under subsection (1) is exercisable by statutory |
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(4) | Regulations under subsection (1)(a) shall be subject to annulment in pursuance |
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of a resolution of either House of Parliament. |
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(5) | In this section, “the school travel scheme provisions” means section 509ZAA of, |
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and Schedule 35B to, the Education Act 1996 (c. 56). |
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3 | Power to repeal new provisions |
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(1) | The Secretary of State may by order provide for the school travel scheme |
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provisions to cease to have effect in relation to local education authorities in |
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England with effect from such date as may be specified in the order. |
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(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 |
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authorities in Wales with effect from such date as may be specified in the order. |
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(3) | The earliest date which may be specified under subsection (1) or (2) is 1st |
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(4) | The latest date which may be specified under subsection (1) or (2) is 1st August |
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(5) | Power to make an order under this section includes power— |
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(a) | to make consequential amendments and repeals in the Education Act |
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(b) | to make transitional provision or savings. |
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(6) | Power to make an order under this section is exercisable by statutory |
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(7) | An order under subsection (1) may not be made unless a draft of the statutory |
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instrument containing the order has been laid before and approved by a |
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resolution of each House of Parliament. |
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(8) | In this section, “the school travel scheme provisions” means section 509ZAA of, |
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and Schedule 35B to, the Education Act 1996. |
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4 | Power to exclude scheme services from registration requirements |
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(1) | The Secretary of State may by order made by statutory instrument amend |
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section 6 of the Transport Act 1985 (c. 67) (registration of local services) for the |
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purpose of excluding from the application of that section services provided in |
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pursuance of schemes under Schedule 35B to the Education Act 1996. |
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(2) | The exclusion of such services may be general or limited to particular |
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(3) | A statutory instrument containing an order under subsection (1) shall be |
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subject to annulment in pursuance of a resolution of either House of |
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There shall be paid out of money provided by Parliament any increase |
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attributable to this Act in the sums payable out of money so provided under |
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6 | Consequential amendments and repeals |
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(1) | In section 569 of the Education Act 1996 (regulations)— |
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(a) | in subsection (1), after “Secretary of State” there is inserted “or the |
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National Assembly for Wales”, |
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(b) | in subsection (2), after “other than regulations under section 492” there |
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is inserted “or regulations made by the National Assembly for Wales”, |
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(c) | in subsection (4), for “Secretary of State” there is substituted “person |
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(2) | If both an order under section 3(1) and an order under section 3(2) are made, |
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the Secretary of State may by order made by statutory instrument make such |
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consequential amendment or repeal of any enactment as he thinks fit. |
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(3) | A statutory instrument containing an order under subsection (2) shall be |
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subject to annulment in pursuance of a resolution of either House of |
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