Education Act 1996

[F4 509A [F1 [F2 Local authorities] in England: travel ] arrangements for children receiving [F3 early years education] otherwise than at school. E+W

(1) A [F5 local authority] [F6 in England] may provide a child with assistance under this section if they are satisfied that, without such assistance, he would be prevented from attending at any premises—

(a) which are not a school or part of a school, but

(b) at which relevant [F7 early years education] is provided,

for the purpose of receiving such education there.

(2) The assistance which may be provided for a child under this section consists of either—

(a) making arrangements (whether for the provision of transport or otherwise) for the purpose of facilitating the child’s attendance at the premises concerned, or

(b) paying the whole or any part of his reasonable travel expenses.

(3) When considering whether to provide a child with assistance under this section in connection with his attendance at any premises, a [F5 local authority] may have regard (among other things) to whether it would be reasonable to expect alternative arrangements to be made for him to receive relevant [F8 early years education] at any other premises (whether nearer to his home or otherwise).

(4) Where the assistance to be provided for a child under this section consists of making arrangements for the provision of transport, the authority may, if they consider it appropriate to do so, determine that the assistance shall not be so provided unless—

(a) the child’s parent, or

(b) the person providing the relevant [F8 early years education] concerned,

agrees to make to the authority such payments in respect of the provision of the transport (not exceeding the cost to the authority of its provision) as they may determine.

[F9 (4A) Regulations [F10 made by the Secretary of State] may require a [F5 local authority] to publish, at such 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 making of provision under this section.]

[F11 (5) In this section “relevant early years education” means—

(a) F12 ... early years provision as defined by section 20 of the Childcare Act 2006 which is

(i) [F13 provided under arrangements made by a local authority in England in pursuance of the duty imposed by section 7 of that Act (whether or not the local authority provides the early years provision);] [F14 or

(ii) provided under arrangements made by a local authority in pursuance of any duty imposed under section 2 of the Childcare Act 2016 (whether or not the local authority provides the early years provision);]

F15 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

Textual Amendments

F1 Words in s. 509A title substituted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 10(3); S.I. 2009/3317, art. 2, Sch.

F2 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(3) (with Sch. 2 para. 7(4)(5))

F3 Words in s. 509A heading substituted (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 23(a); S.I. 2008/2261, art. 2 (with Sch. 1)

F4 S. 509A inserted (1.4.1999) by 1998 c. 31, s. 124 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(4), Sch. 1 Pt. IV

F5 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

F6 Words in s. 509A(1) inserted (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(5)(a); S.I. 2009/371, art. 2(2), Sch. Pt. 2

F7 Words in s. 509A(1)(b) substituted (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 23(a); S.I. 2008/2261, art. 2 (with Sch. 1)

F8 Words in s. 509A(3) and 509A(4)(b) substituted (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 23(a); S.I. 2008/2261, art. 2 (with Sch. 1)

F9 S. 509A(4A) inserted (20.1.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 19 para. 6 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/1718, art. 5, Sch. Pt. II

F10 Words in s. 509A(4A) inserted (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(5)(b); S.I. 2009/371, art. 2(2), Sch. Pt. 2

F11 S. 509A(5) substituted (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 23(b); S.I. 2008/2261, art. 2 (with Sch. 1)

F12 Words in s. 509A(5)(a) repealed (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(5)(c), Sch. 2; S.I. 2009/371, art. 2(2), Sch. Pt. 2

F13 Words in s. 509A(5)(a) renumbered as s. 509A(5)(a)(i) (10.1.2017) by The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257), regs. 1(2), 40(3)(a)

F14 S. 509A(5)(a)(ii) and word inserted (10.1.2017) by The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257), regs. 1(2), 40(3)(b)

F15 S. 509A(5)(b) repealed (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(5)(c), Sch. 2; S.I. 2009/371, art. 2(2), Sch. Pt. 2