Explanatory Notes

Education and Skills Act 2008

2008 CHAPTER 25

26 November 2008

Commentary on Sections

Local education authority

Legal background
Part 2:  Support for participation in education or training: young adults with learning difficulties and young people in England
Section 83: Provision of transport etc for persons of sixth form age: duty to consider journey times

91.Local education authorities must prepare transport policy statements each academic year, which set out transport arrangements for people of sixth form age to attend educational establishments. Transport statements are required under section 509AA of the 1996 Act (inserted by the 2002 Act). Section 83 introduces a requirement on local education authorities to have regard to journey times in preparing their transport statement. This section has the effect of ensuring that travelling time will be one of a range of factors a local education authority must consider, along with cost, the distance a young person will have to travel and the need for choice of education provision.

92.The proposed Learner Transport (Wales) Measure was passed by the National Assembly for Wales on 30 September 2008. If approved by Her Majesty in Council, it will confine the application of section 509AA of the 1996 Act to England, so section 83 would not affect local education authorities in Wales.