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Education Act 1996, Section 509AB is up to date with all changes known to be in force on or before 15 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.
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(1)A statement prepared under section 509AA shall state to what extent arrangements specified in accordance with subsection (2) of that section include arrangements for facilitating the attendance at establishments such as are mentioned in that subsection of disabled persons and persons with learning difficulties [F4or disabilities].
(2)A statement prepared under that section shall—
(a)specify arrangements for persons receiving full-time education or training at establishments other than schools maintained by the [F5local authority] which are no less favourable than the arrangements specified for pupils of the same age attending such schools, and
(b)specify arrangements for persons with learning difficulties [F6or disabilities] receiving education or training at establishments other than schools maintained by the authority which are no less favourable than the arrangements specified for pupils of the same age with learning difficulties [F6or disabilities] attending such schools.
(3)In considering what arrangements it is necessary to make for the purposes mentioned in subsections (2) and (3) of section 509AA the [F5local authority] shall have regard (amongst other things) to—
(a)the needs of those for whom it would not be reasonably practicable to attend a particular establishment to receive education or training if no arrangements were made,
(b)the need to secure that persons in their area have reasonable opportunities to choose between different establishments at which education or training is provided,
[F7(ba)what they are required to do under section 15ZA(1) in relation to persons of sixth form age,]
(c)the [F8distances, and journey times, between] the homes of persons of sixth form age in their area [F9and establishments] such as are mentioned in section 509AA(2) at which education or training suitable to their needs is provided, and
(d)the cost of transport to the establishments in question and of any alternative means of facilitating the attendance of persons receiving education or training there.
[F10(3A)In considering whether or not it is necessary to make arrangements for those purposes in relation to a particular person, a [F5local authority] in England shall have regard (amongst other things) to the nature of the route, or alternative routes, which he could reasonably be expected to take.]
F11(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)In preparing a statement under section 509AA a [F5local authority] shall have regard to any guidance issued [F12under this section by the [F13Secretary of State].]
(6)In preparing a statement under that section a [F5local authority] shall consult—
(a)any other [F5local authority] that they consider it appropriate to consult,
(b)the governing bodies mentioned in subsection (4) of that section,
F14(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F15(ca)persons in the local authority's area who will be of sixth form age when the statement has effect, and their parents,]
(d)any other person specified [F16for the purposes of this section by the [F17Secretary of State] F18...]
(7)In preparing a statement under that section a [F5local authority] shall also consult—
(a)where they are [F19a district council for an area] in a metropolitan county, the [F20Integrated Transport Authority] for that county, and
(b)where they are [F21a London borough council or the Common Council of] the City of London, Transport for London.]
[F22(7A)In preparing and publishing a statement under section 509AA, a [F5local authority] must have regard (among other things) to the need to—
(a)include in the statement sufficient information about the matters that the statement must specify, and
(b)publish the statement in time,
to enable persons who will be of sixth form age when the statement has effect and their parents to take reasonable account of those matters when choosing between different establishments at which education or training is provided.]
F23(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 509AB inserted (20.1.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 19 para. 4 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/1718, art. 5, Sch. Pt. II
F2Words in s. 509AB title substituted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 10(2); S.I. 2009/3317, art. 2, Sch.
F3Words 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))
F4Words in s. 509AB(1) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 48(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)
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. 509AB(2)(b) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 48(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)
F7S. 509AB(3)(ba) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 53, 269(4); S.I. 2010/303, art. 3, Sch. 2
F8Words in s. 509AB(3)(c) substituted (7.3.2009) by Education and Skills Act 2008 (c. 25), ss. 83(a), 173(4); S.I. 2009/387, art. 3(1) (with art. 3(2))
F9Words in s. 509AB(3)(c) substituted (7.3.2009) by Education and Skills Act 2008 (c. 25), ss. 83(b), 173(4); S.I. 2009/387, art. 3(1) (with art. 3(2))
F10S. 509AB(3A) inserted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 10 para. 5(a); S.I. 2007/935, art. 5(ee)
F11S. 509AB(4) repealed (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(3)(a), Sch. 2; S.I. 2009/371, art. 2(1), Sch. Pt. 1
F12Words in s. 509AB(5) substituted (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(3)(b); S.I. 2009/371, art. 2(1), Sch. Pt. 1
F13Words in s. 509AB(5) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 30(a) (with art. 2(3))
F14S. 509AB(6)(c) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 30(b), Sch. 2 Pt. 1 (with art. 2(3))
F15S. 509AB(6)(ca) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 54, 269(4); S.I. 2010/303, art. 3, Sch. 2 (with art. 8)
F16Words in s. 509AB(6)(d) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 83(2)(b), 188(3); S.I. 2007/935, art. 5(o) (with art. 8(7))
F17Words in s. 509AB(6)(d) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 30(c) (with art. 2(3))
F18Words in s. 509AB(6)(d) repealed (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(3)(c)(ii), Sch. 2; S.I. 2009/371, art. 2(1), Sch. Pt. 1
F19Words in s. 509AB(7)(a) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(11)(a)
F20Words in s. 509AB(7)(a) substituted (9.2.2009) by Local Transport Act 2008 (c. 26), Sch. 4 paragraph 60(2).
F21Words in s. 509AB(7)(b) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(11)(b)
F22S. 509AB(7A) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 55(1), 269(4); S.I. 2009/3317, art. 2, Sch. (with art. 3)
F23S. 509AB(8) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 30(d), Sch. 2 Pt. 1 (with art. 2(3))
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