Education and Inspections Bill

House of Lords

Session 2005 - 06
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Other Bills before Parliament

Education and Inspections Bill

Education and Inspections Bill
Part 6 — School travel and school food
59

(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—
(a)
the needs of children and persons of sixth form age in the
5
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)
The needs of children and persons of sixth form age in the authority’s
10
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,
(b)
institutions within the further education sector at which they
15
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
travel referred to in subsection (4)(b) are their needs as regards travel to
20
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
receive or are to receive education or training, or
25
(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,
guidance in relation to the discharge by a local education authority of
30
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—
(a)
consult such persons as they consider appropriate, and
35
(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.
(11)
In this section, “academic year” has the same meaning as in section
40
509AC in the case of local education authorities in England.”

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76
LEAs in England: provision of travel arrangements etc for children
(1)
After section 508A of EA 1996 (inserted by section 75 above) insert—
“508B
LEAs in England: travel arrangements for eligible children
(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,
5
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
establishment in relation to him, are made and provided free of charge
in relation to the child.
10
(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
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,
15
or
(b)
such travel arrangements are provided free of charge in relation
to him by any person who is not the authority but those
arrangements, taken together with any other such travel
arrangements which are so provided, do not provide suitable
20
home to school travel arrangements for the purpose of
facilitating his attendance at the relevant educational
establishment in relation to him.
(3)
“Home to school travel arrangements”, in relation to an eligible child,
are travel arrangements relating to travel in both directions between
25
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
arrangements of any description and include—
(a)
arrangements for the provision of transport, and
30
(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
to escort the child (whether alone or together with other
children) when travelling to or from the relevant
35
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;
(iii)
arrangements for the payment of allowances in respect
of the use of particular modes of travel.
40
(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.
(6)
“Travel arrangements”, in relation to an eligible child, do not comprise
or include travel arrangements which give rise to additional costs and
45
do not include appropriate protection against those costs.
(7)
For the purposes of subsection (6)—

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(a)
travel arrangements give rise to additional costs only if they
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
5
those costs only if they include provision for any expenditure
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.
(8)
Travel arrangements are provided free of charge if there is no charge
10
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
eligible child, are references to—
15
(a)
in the case of a child who is an eligible child by virtue of falling
within any of paragraphs 2, 4, 6, 9, 11 and 12 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
20
(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 13 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.
25
(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
30
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
35
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.
40
(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—
45
(i)
arrangements for the provision of one or more persons
to escort the child (whether alone or together with other

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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
of a person’s reasonable travelling expenses;
(iii)
arrangements for the payment of allowances in respect
5
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
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
10
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—
15
(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).
20
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
25
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
30
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.
35
77
LEAs in England: school travel schemes
(1)
After section 508D of EA 1996 (inserted by section 76 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
40
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,
45

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(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
5
children), and
(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
10
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,
guidance in relation to the discharge by a local education authority in
England of any duty under subsection (2) or of any functions under
15
Schedule 35C.
(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
20
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.
78
Piloting of school travel scheme provisions
(1)
The school travel scheme provisions are to be piloted in accordance with
25
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
school travel scheme provisions are being piloted.
(3)
In this section, “the school travel scheme provisions” means section 508E of,
30
and Schedule 35C to, EA 1996.
79
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.
35
(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.
(3)
The earliest date which may be specified under subsection (2) is 1st August
2012.
40
(4)
The latest date which may be specified under subsection (2) is 1st August 2015.

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(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.
5
80
LEAs in England: provision of transport etc for certain adult learners
After section 508E of EA 1996 (inserted by section 77 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,
10
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
15
Learning and Skills Council for England has secured—
(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
20
difficulties).
(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
25
learner receiving education or training at an institution outside both the
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
30
authority must have regard, amongst other things, to the age of the
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
35
training at institutions mentioned in subsection (1) which is no less
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.
40
(7)
“Adult learner” means a person who is neither a child nor a person of
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.”