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Public Passenger Vehicles Act 1981
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46 Fare-paying passengers on school buses.E+W+S
(1)Subject to subsection (2) below, a local education authority may—
(a)use a school bus, when it is being used to provide free school transport, to carry as fare-paying passengers persons other than those for whom the free school transport is provided;
(b)use a school bus belonging to the authority, when it is not being used to provide free school transport, to provide a local . . . F1 service;
and sections 6, 8, 9, [F2and 12(1)] of this Act shall not apply to a school bus belonging to a local education authority in the course of its use by the authority in accordance with this subsection.
(2)Subsection (1) above does not affect the duties of a local education authority in relation to the provision of free school transport or authorise a local education authority to make any charge for the carriage of a pupil on a journey which he is required to make in the course of his education at a school maintained by such an authority.
(3)In this section—
[F3“free school transport” means transport provided by alocal education authority free of charge—
(a)in pursuance of arrangements under section 509(1) or (1A) or section 509AA(7)(b) or (9)(a) of the Education Act 1996, or
(b)otherwise, in the exercise of any function of the authority,
for the purpose of facilitating the attendance of persons receiving education or training at any premises;]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
“school bus”, in relation to a local education authority, means a motor vehicle which is used by that authority to provide free school transport.
(4)In the application of this section to Scotland—
(a)for the references to a local education authority there shall be substituted references to an education authority;
(b)in subsection (2) above for “maintained by” there shall be substituted “under the management of”; and
(c)in subsection (3) above for the definition of “free school transport” there shall be substituted—
““free school transport” means transport between a pupil’s home and place of education provided in pursuance of arrangements under subsection (1)(a) of section 51 of the Education (Scotland) Act 1980 (pupils for whom such transport facilities are necessary) or in pursuance of subsection (2) of that section (other pupils allowed to use vacant seats free of charge)”.
Textual Amendments
F1Word repealed by Transport Act 1985 (c. 67, SIF 126), ss. 1(3), 139(3), Sch. 1 para. 6(a), Sch. 8
F2Words substituted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 3
F3Words in s. 46(3) substituted (20.1.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 4 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/1718, art. 5, Sch. Pt. II
F4Definition repealed by Transport Act 1985 (c. 67, SIF 126), s. 1(3), Sch. 1 para. 6(b), Sch. 8
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