After subsection (3) insert—

“(3A)

Subsections (3B) and (3D) apply where the child's home is in England.

(3B)

The child shall not be taken to have failed to attend regularly at the school if the parent proves that—

(a)

the F1local authority have a duty to make travel arrangements in relation to the child under section 508B(1) for the purpose of facilitating the child's attendance at the school and have failed to discharge that duty, or

(b)

the F1local authority have a duty to make travel arrangements in relation to the child by virtue of subsection (2)(c) of section 508E (school travel schemes) for the purpose of facilitating the child's attendance at the school and have failed to discharge that duty.

(3C)

For the purposes of subsection (3B)—

(a)

the reference to “travel arrangements” in paragraph (a) has the same meaning as in section 508B, and

(b)

the reference to “travel arrangements” in paragraph (b) has the same meaning as in paragraph 3 of Schedule 35C.

(3D)

Where the school is an independent school which is not a qualifying school, the child shall not be taken to have failed to attend regularly at the school if the parent proves—

(a)

that the school is not within walking distance of the child's home,

(b)

that no suitable arrangements have been made by the F1local authority for boarding accommodation for him at or near the school, and

(c)

that no suitable arrangements have been made by the F1local authority for enabling him to become a registered pupil at a qualifying school nearer to his home.

(3E)

For the purposes of subsection (3D), “qualifying school” has the same meaning as it has for the purposes of Schedule 35B (meaning of “eligible child” for the purposes of section 508B).

(3F)

Subsection (4) applies where the child's home is in Wales.”