Education Act 1996

509 Provision of transport etc. E+W

(1) A local education authority shall make such arrangements for the provision of transport and otherwise as they consider necessary, or as the Secretary of State may direct, for the purpose of facilitating the attendance of persons receiving education—

(a) at schools,

(b) at any institution maintained or assisted by the authority which provides further education or higher education (or both),[F1 or;]

(c) at any institution within the further education sector, [F2 or

(d) at any institution outside both the further and the higher education sectors, where a further education funding council has secured provision for those persons at the institution under section 4(3) or (5) of the M1 Further and Higher Education Act 1992.]

[F3 (1A) A local education authority shall make such arrangements for the provision of transport and otherwise as they consider necessary, or as the Secretary of State may direct, for the purpose of facilitating the attendance of persons receiving education or training at an institution outside both the further education and higher education sectors.

(1B) Arrangements under subsection (1A) may be made in relation to a person only if the Learning and Skills Council for England or the National Council for Education and Training for Wales has secured for him—

(a) the provision of education or training at the institution, and

(b) the provision of boarding accommodation under section 13 or 41 of the Learning and Skills Act 2000.]

(2) Any transport provided in pursuance of arrangements under subsection (1) [F4 or (1A)] shall be provided free of charge.

(3) A local education [F5 or training] authority may pay the whole or any part, as they think fit, of the reasonable travelling expenses of any person receiving education—

(a) at a school, or

(b) at any such institution as is mentioned in subsection (1) [F6 or (1A)],

for whose transport no arrangements are made under [F7 either of those subsections].

(4) In considering whether or not they are required by subsection (1) [F8 or (1A)]to make arrangements in relation to a particular person, a local education authority shall have regard (amongst other things)—

(a) to the age of the person and the nature of the route, or alternative routes, which he could reasonably be expected to take; and

(b) to any wish of his parent for him to be provided with education [F9 or training]at a school or institution in which the religious education provided is that of the religion or denomination to which his parent adheres.

(5) Arrangements made by a local education authority under subsection (1) [F10 or (1A)] shall—

F11 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) make provision for persons receiving full-time education at any institution within the further education sector which is no less favourable than the provision made in pursuance of the arrangements for pupils of the same age at schools maintained by a local education authority; and

(c) make provision for persons receiving full-time [F12 education or training at institutions mentioned in subsection (1A)]which is no less favourable than—

(i) the provision made in pursuance of the arrangements for persons of the same age with learning difficulties (within the meaning of [F13 section 13 of the Learning and Skills Act 2000]) at schools maintained by a local education authority, or

(ii) where there are no such arrangements, the provision made in pursuance of the arrangements for such persons for whom the authority secures the provision of education at any other institution.

[F14 (6) Regulations may require a local education 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—

(a) provision under this section for persons attending institutions mentioned in subsection (1)(c) [F15 or (1A)]] who are over compulsory school age and have not attained the age of 19; or

(b) provision under section 509A (travel arrangements for children receiving nursery education otherwise than at school).

Textual Amendments

F1 Word in s. 509(1)(b) inserted (28.7.2000 for certain purposes, otherwise prosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 59(2)(a) (with s. 150)

F2 S. 509(1)(d) and preceding word repealed (28.7.2000 for certain purposes, otherwise prosp.) by 2000 c. 21, ss. 149, 153, 154, Sch. 9 para. 59(2)(b), Sch. 11 (with s. 150)

F3 S. 509(1A)(1B) inserted (28.7.2000 for certain purposes, otherwise prosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 59(3) (with s. 150)

F4 Words in s. 509(2) inserted (28.7.2000 for certain purposes, otherwise prosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 59(4) (with s. 150)

F5 Words in s. 509(3) inserted (28.7.2000 for certain purposes, otherwise prosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 59(5)(a) (with s. 150)

F6 Words in s. 509(3)(b) inserted (28.7.2000 for certain purposes, otherwise prosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 59(5)(b) (with s. 150)

F7 Words in s. 509(3) substituted (28.7.2000 for certain purposes, otherwise prosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 59(5)(c) (with s. 150)

F8 Words in s. 509(4) inserted (28.7.2000 for certain purposes, otherwise prosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 59(6)(a) (with s. 150)

F9 Words in s. 509(4) inserted (28.7.2000 for certain purposes, otherwise prosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 59(6)(b) (with s. 150)

F10 Words in s. 509(5) inserted (28.7.2000 for certain purposes, otherwise prosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 59(7)(a) (with s. 150)

F11 S. 509(5)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 133(a), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 .

F12 Words in s. 509(5)(c) inserted (28.7.2000 for certain purposes, otherwise prosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 59(7)(b) (with s. 150)

F13 Words in s. 509(5)(c)(i) substituted (28.7.2000 for certain purposes, otherwise prosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 59(c) (with s. 150)

F14 S. 509(6) substituted (1.4.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 133(b) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(4), Sch. 1 Pt. IV.

F15 Words in s. 509(6)(a) substituted (28.7.2000 for certain purposes, otherwise prosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 59(8) (with s. 150)

Marginal Citations

M1 1992 c. 13.