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Other Bills before Parliament

School Transport Bill


School Transport Bill

1

 

A

Bill

To

Make provision for school travel schemes; and for connected purposes.                                   

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

School travel schemes

(1)   

In the Education Act 1996 (c. 56), after section 509 there is inserted—

“509ZAA 

School travel schemes

(1)   

Schedule 35B has effect in relation to school travel schemes.

(2)   

Where a school travel scheme is in force, the local education authority

5

by which the scheme is made—

(a)   

shall give effect to the scheme, and

(b)   

shall not have any function under section 509(1) or (3) in

relation to a child in the area for which the scheme is made.”

(2)   

In that Act, after Schedule 35A there is inserted—

10

“Schedule 35B

School Travel Schemes

Power to make scheme

1          

A local education authority may make a school travel scheme for the

whole or any part of their area.

15

Arrangements to be included in scheme

2     (1)  

A school travel scheme shall set out (in general terms) what

arrangements in connection with the attendance of children

receiving education—

(a)   

at schools,

20

(b)   

at any institution within the further education sector, or

 
HL Bill 14 53/4
 
 

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(c)   

at any other place by virtue of arrangements made in

pursuance of section 19(1) (exceptional provision of

education in pupil referral units or elsewhere),

           

the scheme authority consider it appropriate to make in relation to

travel to and from such places.

5

      (2)  

A school travel scheme may include travel arrangements of any

description and may, in particular, include—

(a)   

arrangements for the provision of transport,

(b)   

arrangements for the payment of the whole or any part of a

person’s reasonable travelling expenses, and

10

(c)   

arrangements to facilitate or promote the use of different

ways of travelling.

3     (1)  

The arrangements to be set out in a school travel scheme shall

include arrangements such as to secure that, in relation to any child

of compulsory school age who is a registered pupil at a school,

15

suitable arrangements are made for his transport to and from school

if—

(a)   

the school at which he is a registered pupil is not within

walking distance of his home,

(b)   

no suitable arrangements have been made by the scheme

20

authority for boarding accommodation for him at or near the

school, and

(c)   

no suitable arrangements have been made by the scheme

authority for enabling him to become a registered pupil at a

school nearer to his home.

25

      (2)  

Where a child is registered at both a pupil referral unit and a school

other than a unit, the references in sub-paragraph (1) to the school at

which he is a registered pupil shall be read as references to the unit.

      (3)  

In this paragraph, “walking distance” has the meaning given by

section 444(5).

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Charges

4     (1)  

A school travel scheme shall set out the policy applicable to charging

in relation to anything provided in pursuance of the scheme.

      (2)  

The policy to be set out under sub-paragraph (1) shall include

provision to the effect that anything provided in pursuance of the

35

scheme for a protected child is provided free of charge.

5          

Any sum payable in respect of a charge for anything provided in

pursuance of a school travel scheme shall be recoverable summarily

as a civil debt.

6          

If a school travel scheme will give rise to a need to incur expenditure

40

in order for a child to take advantage of anything provided for him

in pursuance of the scheme, the scheme shall include provision for

any expenditure that needs to be incurred for that purpose in the case

of a protected child to be met by the scheme authority.

7     (1)  

In paragraphs 4 and 6, references to a protected child are to a child—

45

(a)   

who is a registered pupil at a school, and

 
 

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(b)   

in relation to whom—

(i)   

no suitable arrangements have been made by the

scheme authority for enabling him to become a

registered pupil at a school nearer to his home, and

(ii)   

the appropriate condition is met.

5

      (2)  

In the case of a school travel scheme for an area in England, the

appropriate condition for the purposes of sub-paragraph (1)(b)(ii) is

that the child is within section 512ZB(4).

      (3)  

In the case of a school travel scheme for an area in Wales, the

appropriate condition for the purposes of sub-paragraph (1)(b)(ii) is

10

that there are met in relation to the child such criteria as the National

Assembly for Wales may prescribe by regulations.

Commencement of scheme

8     (1)  

A school travel scheme shall not come into force unless approved by

the appropriate national authority.

15

      (2)  

A school travel scheme which has been approved by the appropriate

national authority shall come into force in accordance with

directions given by that authority.

Amendment or revocation of scheme

9     (1)  

The scheme authority may amend or revoke a school travel scheme.

20

      (2)  

The power of amendment under sub-paragraph (1) is exercisable

only with the consent of the appropriate national authority.

      (3)  

The appropriate national authority 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.

25

      (4)  

If on an application under sub-paragraph (3) the appropriate

national authority consents to the exercise of the power of

amendment under sub-paragraph (1), the scheme authority shall

exercise the power accordingly.

      (5)  

Amendment under this paragraph shall come into force in

30

accordance with directions given by the appropriate national

authority.

Provision of information

10         

The scheme authority shall—

(a)   

make such reports and returns to the appropriate national

35

authority, and

(b)   

compile and give to that authority such information,

           

as that authority may require for the purpose of monitoring the

operation or effect of a school travel scheme.

Guidance

40

11    (1)  

The appropriate national authority shall issue, and may from time to

time revise—

 
 

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(a)   

guidance as to the matters which the authority will take into

account in exercising its power under paragraph 8(1) or 9(2),

and

(b)   

guidance with respect to the discharge by a local education

authority of functions under this Schedule.

5

      (2)  

It shall be the duty of a local education authority when exercising

functions under this Schedule to have regard to any relevant

guidance under sub-paragraph (1)(b).

      (3)  

The appropriate national authority shall publish the guidance for the

time being in force under sub-paragraph (1).

10

Interpretation

12         

In this Schedule—

“appropriate national authority” means—

(a)   

in relation to England, the Secretary of State, and

(b)   

in relation to Wales, the National Assembly for Wales;

15

“scheme authority”, in relation to a school travel scheme, means

the local education authority by which the scheme is made.”

2       

Piloting of new provisions

(1)   

The school travel scheme provisions shall be piloted—

(a)   

in England, in accordance with regulations made by the Secretary of

20

State, and

(b)   

in Wales, in accordance with regulations made by the National

Assembly for Wales.

(2)   

Regulations under subsection (1)(a) or (b) may, in particular, provide for there

to be a limit on the number of school travel schemes which may be in force

25

while the school travel scheme provisions are being piloted.

(3)   

Power to make regulations under subsection (1) is exercisable by statutory

instrument.

(4)   

Regulations under subsection (1)(a) shall be subject to annulment in pursuance

of a resolution of either House of Parliament.

30

(5)   

In this section, “the school travel scheme provisions” means section 509ZAA of,

and Schedule 35B to, the Education Act 1996 (c. 56).

3       

Power to repeal new provisions

(1)   

The Secretary of State may by order provide for the school travel scheme

provisions to cease to have effect in relation to local education authorities in

35

England with effect from such date as may be specified in the order.

(2)   

The National Assembly for Wales may by order provide for the school travel

scheme provisions to cease to have effect in relation to local education

authorities in Wales with effect from such date as may be specified in the order.

(3)   

The earliest date which may be specified under subsection (1) or (2) is 1st

40

August 2011.

 
 

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(4)   

The latest date which may be specified under subsection (1) or (2) is 1st August

2013.

(5)   

Power to make an order under this section includes power—

(a)   

to make consequential amendments and repeals in the Education Act

1996 (c. 56), and

5

(b)   

to make transitional provision or savings.

(6)   

Power to make an order under this section is exercisable by statutory

instrument.

(7)   

An order under subsection (1) may not be made unless a draft of the statutory

instrument containing the order has been laid before and approved by a

10

resolution of each House of Parliament.

(8)   

In this section, “the school travel scheme provisions” means section 509ZAA of,

and Schedule 35B to, the Education Act 1996.

4       

Power to exclude scheme services from registration requirements

(1)   

The Secretary of State may by order made by statutory instrument amend

15

section 6 of the Transport Act 1985 (c. 67) (registration of local services) for the

purpose of excluding from the application of that section services provided in

pursuance of schemes under Schedule 35B to the Education Act 1996.

(2)   

The exclusion of such services may be general or limited to particular

circumstances.

20

(3)   

A statutory instrument containing an order under subsection (1) shall be

subject to annulment in pursuance of a resolution of either House of

Parliament.

5       

Financial provisions

There shall be paid out of money provided by Parliament any increase

25

attributable to this Act in the sums payable out of money so provided under

any other enactment.

6       

Consequential amendments and repeals

(1)   

In section 569 of the Education Act 1996 (regulations)—

(a)   

in subsection (1), after “Secretary of State” there is inserted “or the

30

National Assembly for Wales”,

(b)   

in subsection (2), after “other than regulations under section 492” there

is inserted “or regulations made by the National Assembly for Wales”,

and

(c)   

in subsection (4), for “Secretary of State” there is substituted “person

35

exercising the power”.

(2)   

If both an order under section 3(1) and an order under section 3(2) are made,

the Secretary of State may by order made by statutory instrument make such

consequential amendment or repeal of any enactment as he thinks fit.

(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

Parliament.

 
 

 
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