Local Government etc. (Scotland) Act 1994

145 Provision of school transport and other facilities

(1) The [1980 c. 44.] Education (Scotland) Act 1980 shall be amended in accordance with this section.

(2) In section 50(3) (power of education authority to provide transport and other facilities in exceptional circumstances)—

(a) in paragraph (a)—

(i) after the word “with”, where it first occurs, there shall be inserted “—

(i)”; and

(ii) after the word “Act” there shall be inserted “—

(ii) any arrangements made by them under section 23(1A) of this Act; or

(iii) the arrangements subsisting before the establishment of new local government areas under Part I of the Local Government etc. (Scotland) Act 1994 and continuing by virtue of section 23(1C) of this Act”; and

(b) in paragraph (b), after the word “them” there shall be inserted “or another education authority”.

(3) In section 51 (provision of transport and other facilities)—

(a) in subsection (2A)—

(i) in paragraph (a)—

(A) after the word “with” there shall be inserted “—

(i)”; and

(B) after the word “Act” there shall be inserted—

“(ii) any arrangements made by them under section 23(1A) of this Act; or

(iii) the arrangements subsisting before the establishment of new local government areas under Part I of the Local Government etc. (Scotland) Act 1994 and continuing by virtue of section 23(1C) of this Act”; and

(ii) in paragraph (b), after the word “them” there shall be inserted “or another education authority”; and

(b) after subsection (2AC) there shall be inserted the following subsection—

“(2AD) Without prejudice to the generality of subsection (1) above, the duty imposed by that subsection applies in cases where a pupil attends a school or educational establishment under the management of another education authority—

(a) in accordance with any arrangements made by them under section 23(1A) of this Act;

(b) in accordance with the arrangements subsisting before the establishment of new local government areas under Part I of the Local Government etc. (Scotland) Act 1994 and continuing by virtue of section 23(1C) of this Act; or

(c) if at the time when the pupil was placed in that school or educational establishment it was under the management of the education authority for the area to which the pupil belonged, and is under the management of another education authority as a consequence of the establishment of such new local government areas.”.