- Latest available (Revised)
- Point in Time (01/09/2008)
- Original (As enacted)
Point in time view as at 01/09/2008. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Education Act 1996, Section 509 is up to date with all changes known to be in force on or before 25 August 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)A local education authority [F2 in Wales] shall make such arrangements for the provision of transport and otherwise as they consider necessary, or as the [F3National Assembly for Wales] may direct, for the purpose of facilitating the attendance of persons [F4not of sixth form age] receiving education—
(a)at schools,
(b)at any institution maintained or assisted by the authority which provides further education or higher education (or both),[F5 or;]
(c)at any institution within the further education sector, F6. . .
F6(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F7(1A)A local education authority [F8 in Wales] shall make such arrangements for the provision of transport and otherwise as they consider necessary, or as the [F9National Assembly for Wales] may direct, for the purpose of facilitating the attendance of persons [F4not of sixth form age] 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 F10... the [F11National Assembly 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 F12... 41 of the Learning and Skills Act 2000.]
(2)Any transport provided in pursuance of arrangements under subsection (1) [F13or (1A)] shall be provided free of charge.
(3)A local education [F14or training] authority [F15 in Wales] may pay the whole or any part, as they think fit, of the reasonable travelling expenses of any person [F16not of sixth form age] receiving education—
(a)at a school, or
(b)at any such institution as is mentioned in subsection (1) [F17or (1A)],
for whose transport no arrangements are made under [F18either of those subsections].
(4)In considering whether or not they are required by subsection (1) [F19or (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 [F20or 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) [F21or (1A)] shall—
F22(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
[F23(c)make provision for persons receiving full-time education or training at institutions mentioned in subsection (1A) which is no less favourable than the provision made in pursuance of the arrangements for persons of the same age with learning difficulties (within the meaning of [F24section 41] of the Learning and Skills Act 2000) for whom the authority secures the provision of education at any other institution.]
F25(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F26(7)References in this section to persons not of sixth form age shall be construed in accordance with subsection (1) of section 509AC.]
Textual Amendments
F1Words in s. 509 heading substituted (1.9.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 10 para. 4(7); S.I. 2007/1801, art. 4(l) (with art. 5(1))
F2Words in s. 509(1) inserted (1.9.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 10 para. 4(2)(a); S.I. 2007/1801, art. 4(l) (with art. 5(1))
F3Words in s. 509(1) substituted (1.9.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 10 para. 4(2)(b); S.I. 2007/1801, art. 4(l) (with art. 5(1))
F4Words in s. 509(1)(1A) inserted (20.1.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 19 para. 2(a) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/1718, art. 5, Sch. Pt. II
F5Word in s. 509(1)(b) inserted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 59(2)(a) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I
F6S. 509(1)(d) and preceding word repealed (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, ss. 149, 153, Sch. 9 para. 59(2)(b), Sch. 11 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I
F7S. 509(1A)(1B) inserted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 59(3) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I
F8Words in s. 509(1A) inserted (1.9.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 10 para. 4(3)(a); S.I. 2007/1801, art. 4(l) (with art. 5(1))
F9Words in s. 509(1A) substituted (1.9.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 10 para. 4(3)(b); S.I. 2007/1801, art. 4(l) (with art. 5(1))
F10Words in s. 509(1B) repealed (1.9.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 10 para. 4(4)(a), Sch. 18 Pt. 6; S.I. 2007/1801, art. 4(l)(m) (with art. 5(1))
F11Words in s. 509(1B) substituted (1.4.2006) by The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 33 (with art. 7)
F12Words in s. 509(1B)(b) repealed (1.9.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 10 para. 4(4)(b), Sch. 18 Pt. 6; S.I. 2007/1801, art. 4(l)(m) (with art. 5(1))
F13Words in s. 509(2) inserted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 59(4) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I
F14Words in s. 509(3) inserted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 59(5)(a) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I
F15Words in s. 509(3) inserted (1.9.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 10 para. 4(5); S.I. 2007/1801, art. 4(l) (with art. 5(1))
F16Words in s. 509(3) inserted (20.1.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 19 para. 2(b) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/1718, art. 5, Sch. Pt. II
F17Words in s. 509(3)(b) inserted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 59(5)(b) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I
F18Words in s. 509(3) substituted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 59(5)(c) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I
F19Words in s. 509(4) inserted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 59(6)(a) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I
F20Words in s. 509(4) inserted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 59(6)(b) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I
F21Words in s. 509(5) inserted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 59(7)(a) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I
F22S. 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
F23S. 509(5)(c) substituted (20.1.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 19 para. 2(c) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/1718, art. 5, Sch. Pt. II
F24Words in s. 509(5)(c) substituted (1.9.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 10 para. 4(6); S.I. 2007/1801, art. 4(l) (with art. 5(1))
F25S. 509(6) repealed (20.1.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/1718, art. 5, Sch. Pt. II
F26S. 509(7) inserted (20.1.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 19 para. 2(d) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/1718, art. 5, Sch. Pt. II
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: