Education Act 1996

Changes over time for: Section 509A

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Education Act 1996, Section 509A is up to date with all changes known to be in force on or before 14 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 13(2)(ba) substituted for s. 13(2)(aa)(b) by 2022 asc 1 Sch. 4 para. 8(2)
s. 17A functions made exercisable concurrently by S.I. 2014/1012 art. 12(1) Sch. 2 para. 3
s. 17A functions made exercisable concurrently by S.I. 2014/863 Sch. 2 para. 4
s. 17A functions made exercisable concurrently by S.I. 2014/865 Sch. 2 para. 3
s. 17A functions made exercisable concurrently by S.I. 2016/653 Sch. 3 para. 3
s. 17A-17D inserted by 2009 c. 22 s. 45
s. 17B-17D applied by 2009 c. 22 s. 86(8)
s. 457(4)(i)-(iia) repealed by 2012 c. 5 Sch. 14 Pt. 1
s. 457(4)(iii) words repealed by 2012 c. 5 Sch. 14 Pt. 1
s. 537AA inserted by 2008 c. 25 Sch. 1 para. 8
s. 548(7A)(7B) inserted by 2008 c. 25 Sch. 1 para. 9(5)
s. 578(1) words repealed by 2005 c. 18 Sch. 19 Pt. 1

[F4509A [F1[F2Local authorities] in England: travel ] arrangements for children receiving [F3early years education] otherwise than at school.E+W

(1)A [F5local 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 [F7early 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 [F5local 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 [F8early 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 [F8early 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 [F5local 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)[F13provided 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);] [F14or

(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

F1Words 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.

F2Words 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))

F3Words 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)

F4S. 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

F5Words 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))

F6Words 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

F7Words 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)

F8Words 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)

F9S. 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