House of Lords portcullis
House of Lords
Session 2005 - 06
Internet Publications
Other Bills before Parliament

Education and Inspections Bill


Education and Inspections Bill
Part 5 — Curriculum and entitlements

52

 

68      

Education and training to satisfy entitlements

(1)   

After section 3 of the Learning and Skills Act 2000 (c. 21) insert—

“3A     

Entitlement to education and training for persons aged 16 to 19

(1)   

A person who is above compulsory school age but has not attained the

age of 19 may elect for either or both of the following entitlements—

5

(a)   

the core entitlement described in section 3B, and

(b)   

the additional entitlement described in section 3C.

(2)   

In this section and in sections 3B to 3D, “course of study” means a

course of education or training leading to a qualification specified by

the Secretary of State by order for the purposes of this subsection.

10

3B      

The core entitlement

(1)   

In relation to a person falling within section 3A(1), the core entitlement

is an entitlement to follow a course of study in such one or more of the

following subjects as he may choose (“the core subjects”)—

(a)   

mathematics,

15

(b)   

English, and

(c)   

information and communication technology.

(2)   

The core entitlement is satisfied where a course of study in such of the

core subjects as the person has chosen is made available to him at a

school or institution.

20

(3)   

A person’s entitlement to follow a course of study within a core subject

ceases if he does not begin the course of study made available to him

before he attains the age of 19.

3C      

The additional entitlement

(1)   

In relation to a person falling within section 3A(1), the additional

25

entitlement is an entitlement to follow a course of study within an

entitlement area specified by the Secretary of State by order for the

purposes of this subsection.

(2)   

The additional entitlement is satisfied where a course of study within

one of the entitlement areas specified by order for the purposes of

30

subsection (1) is made available to the person at a school or institution.

(3)   

A person’s additional entitlement ceases if he does not begin the course

of study made available to him before he attains the age of 19.

3D      

The core and additional entitlement: duties of the Council

(1)   

The Council must exercise its functions under sections 2 and 3 in such

35

a way as to secure that the entitlements conferred by section 3A(1) are

satisfied.

(2)   

The Council must also exercise those functions with a view to securing

that courses of study within all of the entitlement areas specified by the

Secretary of State by order for the purposes of section 3C(1) (“the

40

entitlement areas”) are made available in each local learning and skills

area, unless the Council determines that the making available of a

course of study within a particular entitlement area in a particular local

learning and skills area would involve disproportionate expenditure.

 
 

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

53

 

(3)   

Nothing in subsection (2) entitles a person falling within section 3A(1)

to follow a course of study within a particular entitlement area or in a

particular local learning and skills area, or to follow more than one

course of study within different entitlement areas (provision as to the

entitlement of such a person being made by section 3C).

5

(4)   

In the exercise of its functions by virtue of this section, the Council must

have regard to any guidance given from time to time by the Secretary

of State.

(5)   

This section does not affect the generality of the duties imposed by

sections 2 and 3.

10

(6)   

In this section, “local learning and skills area” means an area specified

by the Secretary of State for the purposes of section 19(1).”

(2)   

In section 13 of that Act (persons with learning disabilities), in subsection (1)

after “3,” insert “3D,”.

Part 6

15

School travel and school food

Travel to schools etc

69      

LEAs in England: duty to promote sustainable modes of travel etc

After section 508 of EA 1996 insert—

“508A   

LEAs in England: duty to promote sustainable modes of travel etc

20

(1)   

A local education authority in England must—

(a)   

prepare for each academic year a document containing their

strategy to promote the use of sustainable modes of travel to

meet the school travel needs of their area (“a sustainable modes

of travel strategy”),

25

(b)   

publish the strategy in such manner and by such time as may be

prescribed, and

(c)   

promote the use of sustainable modes of travel to meet the

school travel needs of their area.

(2)   

Before preparing a sustainable modes of travel strategy, an authority

30

must in particular—

(a)   

assess the school travel needs of their area, and

(b)   

assess the facilities and services for sustainable modes of travel

to, from and within their area.

(3)   

“Sustainable modes of travel” are modes of travel which the authority

35

consider may improve either or both of the following—

(a)   

the physical well-being of those who use them;

(b)   

the environmental well-being of the whole or a part of their

area.

(4)   

The “school travel needs” of a local education authority’s area are—

40

 
 

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

54

 

(a)   

the needs of children and persons of sixth form age in the

authority’s area as regards travel mentioned in subsection (5),

and

(b)   

the needs of other children and persons of sixth form age as

regards travel mentioned in subsection (6).

5

(5)   

The needs of children and persons of sixth form age in the authority’s

area as regards travel referred to in subsection (4)(a) are their needs as

regards travel to and from—

(a)   

schools at which they receive or are to receive education or

training,

10

(b)   

institutions within the further education sector at which they

receive or are to receive education or training, or

(c)   

any other places where they receive or are to receive education

by virtue of arrangements made in pursuance of section 19(1).

(6)   

The needs of other children and persons of sixth form age as regards

15

travel referred to in subsection (4)(b) are their needs as regards travel to

and from—

(a)   

schools at which they receive or are to receive education or

training,

(b)   

institutions within the further education sector at which they

20

receive or are to receive education or training, or

(c)   

any other places where they receive or are to receive education

by virtue of arrangements made in pursuance of section 19(1),

   

in so far as that travel relates to travel within the authority’s area.

(7)   

The Secretary of State must issue, and may from time to time revise,

25

guidance in relation to the discharge by a local education authority of

their duties under this section.

(8)   

Before issuing or revising guidance under subsection (7), the Secretary

of State must consult such persons as he considers appropriate.

(9)   

In discharging their duties under this section an authority must—

30

(a)   

consult such persons as they consider appropriate, and

(b)   

have regard to any guidance given from time to time by the

Secretary of State under subsection (7).

(10)   

References in this section to persons of sixth form age are to be

construed in accordance with subsection (1) of section 509AC.

35

(11)   

In this section, “academic year” has the same meaning as in section

509AC in the case of local education authorities in England.”

70      

LEAs in England: provision of travel arrangements etc for children

(1)   

After section 508A of EA 1996 (inserted by section 69 above) insert—  

“508B   

LEAs in England: travel arrangements for eligible children

40

(1)   

A local education authority in England must make, in the case of an

eligible child in the authority’s area to whom subsection (2) applies,

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

45

 
 

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

55

 

establishment in relation to him, are made and provided free of charge

in relation to the child.

(2)   

This subsection applies to an eligible child if—

(a)   

no travel arrangements relating to travel in either direction

between his home and the relevant educational establishment

5

in relation to him, or in both directions, are provided free of

charge in relation to him by any person who is not the authority,

or

(b)   

such travel arrangements are provided free of charge in relation

to him by any person who is not the authority but those

10

arrangements, taken together with any other such travel

arrangements which are so provided, do not provide suitable

home to school travel arrangements for the purpose of

facilitating his attendance at the relevant educational

establishment in relation to him.

15

(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 establishment in

question in relation to that child.

(4)   

“Travel arrangements”, in relation to an eligible child, are travel

20

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—

(i)   

arrangements for the provision of one or more persons

25

to escort the child (whether alone or together with other

children) when travelling to or from the relevant

educational establishment in relation to the child;

(ii)   

arrangements for the payment of the whole or any part

of a person’s reasonable travelling expenses;

30

(iii)   

arrangements for the payment of allowances in respect

of the use of particular modes of travel.

(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.

35

(6)   

“Travel arrangements”, in relation to an eligible child, do not comprise

or include travel arrangements which give rise to additional costs and

do not include appropriate protection against those costs.

(7)   

For the purposes of subsection (6)—

(a)   

travel arrangements give rise to additional costs only if they

40

give rise to any need to incur expenditure in order for the child

to take advantage of anything provided for him in pursuance of

the arrangements, and

(b)   

travel arrangements include appropriate protection against

those costs only if they include provision for any expenditure

45

that needs to be incurred for the purpose mentioned in

paragraph (a) in the case of the child to be met by the person by

whom the arrangements are made.

 
 

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

56

 

(8)   

Travel arrangements are provided free of charge if there is no charge

for anything provided in pursuance of the arrangements.

(9)   

Schedule 35B has effect for the purposes of defining “eligible child” for

the purposes of this section.

(10)   

References to a “relevant educational establishment”, in relation to an

5

eligible child, are references to—

(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

10

in question, and

(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),

15

referred to in the paragraph in question.

(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

20

(1)   

A local education authority in England may make such school travel

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.

25

(2)   

This section applies to a child who is not an eligible child for the

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

30

in both directions.

(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

35

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 any relevant

educational establishment in relation to the child;

40

(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.

(5)   

A local education authority in England may pay, in the case of a child

45

in the authority’s area to whom this section applies and in relation to

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

 
 

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

57

 

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.

(6)   

References to a “relevant educational establishment”, in relation to a

child to whom this section applies, are references to—

5

(a)   

any school at which he is a registered pupil,

(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).

10

508D    

Guidance etc in relation to sections 508B and 508C

(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

15

of State must consult such persons as he considers appropriate.

(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

20

times and in such manner as may be prescribed, such information as

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.

25

71      

LEAs in England: school travel schemes

(1)   

After section 508D of EA 1996 (inserted by section 70 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

30

education authority in England by which the scheme is made must give

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,

35

(b)   

complying with the requirement of the scheme described in

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

40

children), and

(d)   

complying with the scheme’s policy applicable to charging and

any other requirements of the scheme.

 
 

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

58

 

(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

their area.

(4)   

The Secretary of State must issue, and may from time to time revise,

5

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.

(5)   

Before issuing or revising guidance under subsection (4), the Secretary

of State must consult such persons as he considers appropriate.

10

(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

Secretary of State under subsection (4).”

(2)   

Schedule 9 (which inserts Schedule 35C to EA 1996) has effect.

15

72      

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.

(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

20

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.

73      

Power to repeal school travel scheme provisions etc

(1)   

The Secretary of State must prepare and publish, before 1st January 2012, an

25

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

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

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

30

(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.

(5)   

Power to make an order under this section includes power to make

consequential amendments and repeals in any enactment, including this Act

35

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.

 
 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2006
Revised 26 May 2006