483A City colleges and academies: special educational needs and additional learning needs.
(1) This section applies in relation to any child falling within subsection (2) if the condition in subsection (3) is satisfied.
(2) A child falls within this subsection if—
(a) he is a child for whom an EHC plan or a statement under section 324 is maintained is maintained by a local authority in England, or for whom an individual development plan is maintained by a local authority in Wales, and
(b) he attends (or proposes to attend) a school which is a city technology college, a city college for the technology of the arts or an Academy .
(3) The condition in this subsection is satisfied if—
(a) the EHC plan is maintained by a local authority in England, or
(b) the statement is maintained by a local authority in Wales and the Welsh Ministers consent to the child being educated at the school.
(4) The appropriate national authority may by regulations make provision for securing that arrangements are made—
(a) for making the special educational provision specified in the plan or the statement the EHC plan, or for making the additional learning provision specified in the individual development plan (as the case may be);
(b) for making any non-educational provision specified in the plan or the statement the EHC plan or the individual development plan.
(5) Regulations under subsection (4) may require or authorise a local authority—
(a) to make payments to the school in respect of the child, or
(b) to provide any other assistance to the school in respect of the child.
(6) No condition or requirement imposed by virtue of section 482(4)(a) is to prevent a local authority making payments or providing assistance by virtue of subsection (5).
(6A) In subsection (4) “the appropriate national authority” means—
(a) in relation to a school in England, the Secretary of State;
(b) in relation to a school in Wales, the Welsh Ministers.
(7) This section does not apply to schools in Wales.
(1) The National Assembly for Wales may pay grants, known as education standards grants, to local authorities in Wales in respect of eligible expenditure incurred or to be incurred by them.
(2) In this section “eligible expenditure” means expenditure of any class or description for the time being specified in regulations, being expenditure for or in connection with educational purposes which it appears to the National Assembly for Wales that local authorities should be encouraged to incur in the interests of education in ... Wales.
(3) The regulations shall provide that any education standards grant payable in pursuance of the regulations—
(a) shall only be payable in respect of eligible expenditure incurred or to be incurred by a local authority in a financial year to the extent to which that expenditure is approved for that year by the National Assembly for Wales for the purposes of the regulations, and
(b) shall be payable at such rate as may be specified in the regulations.
(4) The regulations may provide for the time and manner of payment of any education standards grant.
(5) The regulations may provide for expenditure incurred or to be incurred by any local authority in making payments, whether by way of maintenance, assistance or otherwise, to any body or persons who incur expenditure for or in connection with educational purposes (including another local authority) to be treated, in such circumstances as may be specified in the regulations, as eligible expenditure.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Nothing in section 29(1) or 507 applies in relation to any function of the National Assembly for Wales under this section or under section 489 so far as it relates to regulations under this section; and nothing in sections 495 to 497 section 495 or in Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 applies in relation to any function arising by virtue of section 489 so far as it relates to such regulations.
485 Grants in aid of educational services or research.
Regulations shall make provision for the payment by the Secretary of State to persons other than local authorities of grants in respect of expenditure incurred or to be incurred by them—
(a) for the purposes of, or in connection with, the provision (or proposed provision) of educational services, or
(b) for the purposes of educational research.
489 Conditions as to payment of grants under sections 484 to 488.
(1) Regulations made under any of sections 484 to 488 may provide—
(a) for the payment of grant under the regulations to be dependent on the fulfilment of such conditions as may be determined by or in accordance with the regulations, and
(b) for requiring persons to whom payments have been made under the regulations to comply with such requirements as may be so determined.
(2) Conditions and requirements determined under subsection (1)(a) and (b) by or in accordance with regulations made under section 484 may include conditions and requirements obliging the local authority in question to delegate decisions about the spending of—
(a) education standards grant, and
(b) amounts allocated by the authority to meet eligible expenditure (within the meaning of that section) which is approved by the Secretary of State,
to such persons as may be determined by or in accordance with the regulations.
(3) The Secretary of State may by order make such modifications of any trust deed or other instrument relating to or regulating any institution that—
(a) provides or is concerned in the provision of educational services, or
(b) is concerned in educational research,
as, after consultation with the persons responsible for the management of the institution, appear to him to be requisite to enable them to fulfil any condition or meet any requirement imposed by regulations under section 485.
(4) Any modification made by an order under subsection (3) may be made to have permanent effect or to have effect for such period as may be specified in the order.
(1) Regulations may make provision requiring or authorising payments of amounts determined by or under the regulations to be made by one authority to another where—
(a) the authority receiving the payment makes, in such cases or circumstances as may be specified in the regulations, provision for education in respect of a person having such connection with the area of the paying authority as may be so specified, and
(b) one of the authorities is a local authority and the other an education authority in Scotland.
(2) Subsection (3) of section 207 of the Education Act 2002 (recoupment: adjustment between local authorities) shall apply for the purposes of this section as it applies for the purposes of that section, but with the omission of the reference to the National Assembly for Wales.
(2A) The regulations may provide for the amounts payable by one authority to another, in such cases as may be specified by or under the regulations, to be such amounts as may be determined by the Secretary of State.
(3) Any question concerning the connection of any person with the area of a particular local authority or education authority shall be decided in accordance with the regulations.
(4) In subsection (1) “provision for education” includes provision of any benefits or services for which provision is made by or under this Act or any other enactment relating to education.
(1) Subsection (2) applies where a pupil is permanently excluded from any school maintained by a local authority (“the old authority”) and, in the funding period in which the exclusion first takes effect, he is subsequently provided with education by another local authority (“the new authority”), whether at a school maintained by that authority or otherwise than at school.
(2) The old authority shall pay to the new authority, in connection with the provision of education for that pupil in that funding period , such amount, if any, as is payable in accordance with regulations.
(3) Where a pupil is permanently excluded from any school maintained by a local authority and, in the funding period in which the exclusion first takes effect, the following events subsequently occur—
(a) he is first provided by another local authority (“the intermediate authority”) with education in a pupil referral unit or otherwise than at school, and
(b) at any time afterwards he is provided with education by a local authority other than the intermediate authority (“the last authority”), whether at a school maintained by that authority or otherwise than at school,
then, in connection with the provision of the education mentioned in paragraph (b), subsection (2) shall apply to the intermediate authority and the last authority as if they were an old authority and a new authority respectively.
(4) Any dispute as to whether any local authority are entitled to be paid any amount under this section by any other such authority shall be determined by the Secretary of State.
(5) Regulations may prescribe the time when the permanent exclusion of a pupil is to be regarded as taking effect for the purposes of this section.
(6) In this section “funding period” has the meaning given by section 45(1B) of the School Standards and Framework Act 1998.
(1) Except where this Act expressly provides otherwise, any dispute between a local authority and the governing body of a school as to the exercise of any power conferred or the performance of any duty imposed by or under this Act may be referred to the Secretary of State (despite any enactment which makes the exercise of the power or the performance of the duty contingent upon the opinion of the authority or of the governing body).
(2) The Secretary of State shall determine any dispute referred to him under subsection (1).
(3) Any dispute between two or more local authorities as to which of them is responsible for the provision of education for any pupil shall be determined by the Secretary of State.
496 Power to prevent unreasonable exercise of functions.
(1) If the Secretary of State is satisfied (either on a complaint by any person or otherwise) that a body to which this section applies have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under this Act, he may give such directions as to the exercise of the power or the performance of the duty as appear to him to be expedient (and may do so despite any enactment which makes the exercise of the power or the performance of the duty contingent upon the opinion of the body).
(2) The bodies to which this section applies are—
(a) any local authority in England, and
(b) the governing body of any community, foundation or voluntary school in England, of any community or foundation special school in England, or of any maintained nursery school in England.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).
(1) If the Secretary of State is satisfied (either on a complaint by any person interested or otherwise) that a body to which this section applies have failed to discharge any duty imposed on them by or for the purposes of this Act, he may make an order—
(a) declaring the body to be in default in respect of that duty, and
(b) giving such directions for the purpose of enforcing the performance of the duty as appear to him to be expedient.
(2) The bodies to which this section applies are—
(a) any local authority in England, and
(b) the governing body of any community, foundation or voluntary school in England, of any community or foundation special school in England, or of any maintained nursery school in England.
(3) Any directions given under subsection (1)(b) shall be enforceable, on an application made on behalf of the Secretary of State, by an order of mandamus.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).
497A Power to secure proper performance of local authority’s education functions .
(1) This section applies to a local authority’s education functions the education functions of a local authority in England .
(2) If the Secretary of State is satisfied (either on a complaint by any person interested or otherwise) that a local authority are failing in any respect to perform any function to which this section applies to an adequate standard (or at all), he may exercise his powers under subsection ((4), (4A) or (4B)).
(2A) The Secretary of State may also exercise his powers under subsection (4), (4A) or (4B) where—
(a) he has given a previous direction under subsection (4), (4A) or (4B) in relation to a local authority in respect of any function towhich this section applies, and
(b) he is satisfied that it is likely that if no further direction were given under subsection (4), (4A) or (4B) on the expiry or revocation of theprevious direction the authority would fail in any respect to perform that function to an adequate standard (or at all).
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The Secretary of State may under this subsection give the authority or an officer of the authority such directions as the Secretary of State thinks expedient for the purpose of securing that the function is performed on behalf of the authority by such person as is specified in the direction; and such directions may require that any contract or other arrangement made by the authority with that person contains such terms and conditions as may be so specified.
(4A) The Secretary of State may under this subsection direct that the function shall be exercised by the Secretary of State or a person nominated by him and that the authorityshall comply with any instructions of the Secretary of State or his nominee in relation to the exercise of the function.
(4AA) So far as is appropriate in consequence of a direction given under subsection (4A), a reference (however expressed) in an enactment, instrument or other document to a local authority is to be read as a reference to the person by whom the function is exercisable.
(4AB) Subsection (4AC) applies if a direction given under subsection (4A) expires or is revoked without being replaced.
(4AC) So far as is appropriate in consequence of the expiry or revocation, a reference (however expressed) in an instrument or other document to the person by whom the function was exercisable is to be read as a reference to the local authority to which the direction was given.
(4B) The Secretary of State may under this subsection (whether or not he exercises the power conferred by subsection (4) or (4A) in relation to anyfunction) give the authority or an officer of the authority such other directions as the Secretary of State thinks expedient for the purpose of securing that the function isperformed to an adequate standard.
(5) Where the Secretary of State considers it expedient that—
(a) in the case of directions given under subsection (4), the person specified in the directions, or
(b) in the case of directions given under subsection (4A), the Secretary of State or a person nominated by him,
should perform other functions to which this section applies in addition to the function to which subsection (2) or (2A) applies, the directions undersubsection (4) or (4A) may relate to the performance of those other functions as well; and in considering whether it is expedient that that person shouldperform any such additional functions, the Secretary of State may have regard to financial considerations.
(6) Any direction under this section may either—
(a) have effect for an indefinite period until revoked by the Secretary of State, or
(b) have effect for a period specified in the direction unless revoked earlier by the Secretary of State.
(7) Any direction given under subsection (4), (4A) or (4B) shall be enforceable, on an application made on behalf of the Secretary of State, by an order of mandamus.
(8) This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).
497AA Power to secure proper performance: duty of authority where directions contemplated
Where, in relation to any function to which section 497A applies, the Secretary of State—
(a) is satisfied as mentioned in subsection (2) or (2A)(b) of that section, and
(b) has notified the local authority that he is so satisfied and that he is contemplating the giving of directions under subsection (4) or (4A) of that section,
the authority shall give the Secretary of State, and any person authorised by him for the purposes of this section, all such assistance, in connection with the proposed exercise of the function by the Secretary of State or another person in pursuance of directions, as they are reasonably able to give.
497B Power to secure proper performance: further provisions.
(1) Where the Secretary of State gives directions under section 497A(4) or (4A) to a local authority or to an officer of such an authority, the specified person shall, in the performance of the function or functions specified in the directions, be entitled to exercise the powers conferred by this section.
(1A) In this section “the specified person” means—
(a) in relation to directions under section 497A(4), the person specified in the directions, and
(b) in relation to directions under section 497A(4A), the Secretary of State or the person nominated by him.
(2) The specified person shall have at all reasonable times—
(a) a right of entry to the premises of the authority, and
(b) a right to inspect, and take copies of, any records or other documents kept by the authority, and any other documents containing information relating to the authority, which he considers relevant to the performance of the specified function or functions.
(3) In exercising the right to inspect records or other documents under subsection (2), the specified person—
(a) shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records or other documents in question, and
(b) may require—
(i) the person by whom or on whose behalf the computer is or has been so used, or
(ii) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
to afford him such assistance as he may reasonably require (including, in particular, the making of information available for inspection or copying in a legible form).
(4) Without prejudice to subsection (2), the authority shall give the specified person all assistance in connection with the performance of the specified function or functions which they are reasonably able to give.
(5) Subsection (2) shall apply in relation to any school maintained by the authority as it applies in relation to the authority; and without prejudice to that subsection (as it so applies)—
(a) the governing body of any such school shall give the specified person all assistance in connection with the exercise of his functions which they are reasonably able to give; and
(b) the governing body of any such school and the authority shall secure that all such assistance is also given by persons who work at the school.
(6) Any reference in this section to the specified person includes a reference to any person assisting him in the performance of the specified function or functions.
(7) In this section “document” and “records” each include information recorded in any form.
497C Academies: power to secure performance of proprietor’s duties
(1) If the Secretary of State is satisfied that the proprietor of an Academy has breached a duty imposed by Academy arrangements, the Secretary of State may give the proprietor such directions as the Secretary of State considers appropriate to secure the proper performance of the duty.
(2) Subsection (3) applies (instead of section 572) to the giving of a direction under this section.
(3) The Secretary of State may give a direction under this section to the proprietor of an Academy by—
(a) delivering it by hand to the proprietor,
(b) leaving it at or sending it by post to any address at which the Secretary of State believes, on reasonable grounds, that the notice will come to the attention of the proprietor, or
(c) sending it to any email address by means of which the Secretary of State believes, on reasonable grounds, that the notice will come to the attention of the proprietor.
(4) A direction under this section is enforceable, on the application of the Secretary of State, by a mandatory order.
(5) In this section, a reference to an Academy includes a reference to a city technology college and a city college for the technology of the arts.
498 Powers where no properly constituted governing body.
(1) Where it appears to the Secretary of State that, by reason of the default of any person, there is no properly constituted governing body of a school to which this section applies, the Secretary of State—
(a) may make such appointments and give such directions as he thinks desirable for the purpose of securing that there is a properly constituted governing body of that school, and
(b) may give directions rendering valid any acts or proceedings which in his opinion are invalid or otherwise defective by reason of the default.
(2) This section applies to any community, foundation or voluntary school or any community or foundation special school.
499 Power to direct appointment of members of education committees.
(1) Subsection (2) applies to any local authorities which in accordance with section 102(1) of the Local Government Act 1972 have appointed any committees wholly or partly for the purpose of discharging any of their education functions .
(2) The Secretary of State may by directions to any local authorities to which this subsection applies require—
(a) every such committee, or
(b) any such committee of a description specified in the direction,
to include persons appointed, in accordance with the directions, for securing the representation on the committee of persons who appoint foundation governors for voluntary schools in the area for which the committee acts.
(3) Subsection (4) applies to any two or more local authorities which in accordance with section 102(1) of the Local Government Act 1972 have appointed any committees wholly or partly for the purpose of discharging any of their education functions .
(4) The Secretary of State may by directions to any local authorities to which this subsection applies require—
(a) every such committee, or
(b) any such committee of a description specified in the direction,
to include persons appointed, in accordance with the directions, for securing the representation on the committee of persons who appoint foundation governors for voluntary schools in the area for which the committee acts or in such area as may be specified in the direction.
(5) The power of the Secretary of State to give directions under subsection (2) or (4) shall be exercisable in relation to any sub-committees which—
(a) are appointed by the authorities concerned or any such committee as is mentioned in that subsection, and
(b) are so appointed wholly or partly for the purpose of discharging the authorities’ education functions,
as it is exercisable in relation to the committees themselves.
(6) Regulations may require—
(a) any such committee as is mentioned in subsection (1) or (3), and
(b) any sub-committee appointed by any authorities within subsection (1) or (3), or by any committee within paragraph (a) of this subsection, for the purpose mentioned in subsection (5)(b),
to include one or more persons elected, in accordance with the regulations, as representatives of parent governors at maintained schools in relation to which the committee or sub-committee acts.
(7) Regulations may make provision for—
(a) the number of persons who are to be elected for the purposes of subsection (6) in the case of any local authority;
(b) the procedure to be followed in connection with the election of such persons and the persons who are entitled to vote at such an election;
(c) the circumstances in which persons are qualified or disqualified for being so elected or for holding office once elected;
(d) the term of office of persons so elected and their voting rights;
(e) the application to any such committee or sub-committee, with or without any modification, of any provision made by or under any other enactment and relating to committees or (as the case may be) sub-committees of a local authority;
(f) such other matters connected with such elections or persons so elected as the Secretary of State considers appropriate.
(8) Regulations may also make provision—
(a) enabling the Secretary of State to determine, where he considers it expedient to do so in view of the small number of maintained schools in relation to which a committee or sub-committee acts, that the requirement imposed on the committee or sub-committee by virtue of subsection (6) is to have effect as if it referred to representatives of parents of registered pupils (rather than representatives of parent governors) at those schools;
(b) for any regulations under subsection (7) to have effect, where the Secretary of State makes any such determination, with such modifications as may be prescribed.
(9) In subsections (6) and (8)—
(a) “maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school, and
(b) “parent governor” means a governor elected or appointed as a parent governor under regulations made under section 19 of the Education Act 2002 (governing bodies).
506 Power to require medical examination of pupils.
(1) Where—
(a) a question is referred to the Secretary of State under section 442(3) or 495, and
(b) in his opinion the examination of any pupil by a registered medical practitioner appointed by him for the purpose would assist in determining the question,
he may serve a notice on the parent of that pupil requiring the parent to present the pupil for examination by such a practitioner.
(2) Any parent who without reasonable excuse fails to comply with any requirements of a notice served on him under subsection (1) is guilty of an offence.
(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale.
507A Local authorities in England: functions in respect of recreational and training facilities for children under 13
(1) A local authority in England must secure that the facilities for primary and secondary education provided for their area include adequate facilities for recreation and social and physical training for children who have not attained the age of 13.
(2) For the purposes of subsection (1) a local authority may—
(a) establish, maintain and manage, or assist the establishment, maintenance and management of—
(i) camps, holiday classes, playing fields, play centres, and
(ii) other places, including playgrounds, gymnasiums and swimming baths not appropriated to any school or other educational institution,
at which facilities for recreation and social and physical training are available for persons receiving primary or secondary education;
(b) organise games, expeditions and other activities for such persons; and
(c) defray, or contribute towards, the expenses of such games, expeditions and other activities.
(3) When making arrangements for the provision of facilities or the organisation of activities in the exercise of their powers under subsection (2), a local authority must, in particular, have regard to the expediency of co-operating with any voluntary societies or bodies whose objects include the provision of facilities or the organisation of activities of a similar character.
507B Local authorities in England: functions in respect of leisure-time activities etc for persons aged 13 to 19 and certain persons aged 20 to 24
(1) A local authority in England must, so far as reasonably practicable, secure for qualifying young persons in the authority's area access to—
(a) sufficient educational leisure-time activities which are for the improvement of their well-being, and sufficient facilities for such activities; and
(b) sufficient recreational leisure-time activities which are for the improvement of their well-being, and sufficient facilities for such activities.
(2) “Qualifying young persons”, for the purposes of this section, are—
(a) persons who have attained the age of 13 but not the age of 20; and
(b) persons who have attained the age of 20 but not the age of 25 and have a learning difficulty or disability (within the meaning of section 15ZA(6)(a) and (7)).
(3) For the purposes of subsection (1)(a)—
(a) “sufficient educational leisure-time activities” which are for the improvement of the well-being of qualifying young persons in the authority's area must include sufficient educational leisure-time activities which are for the improvement of their personal and social development, and
(b) “sufficient facilities for such activities” must include sufficient facilities for educational leisure-time activities which are for the improvement of the personal and social development of qualifying young persons in the authority's area.
(4) References in the remaining provisions of this section to “positive leisure-time activities” are references to any activities falling within paragraph (a) or (b) of subsection (1).
(5) For the purposes of subsection (1) a local authority may—
(a) provide facilities for positive leisure-time activities;
(b) assist others in the provision of such facilities;
(c) make arrangements for facilitating access for qualifying young persons to such facilities;
(d) organise positive leisure-time activities;
(e) assist others in the organisation of such activities;
(f) make arrangements for facilitating access for qualifying young persons to such activities;
(g) enter into agreements or make arrangements with any person in connection with anything done or proposed to be done under any of paragraphs (a) to (f);
(h) take any other action which the authority think appropriate.
(6) For the purposes of subsection (5)—
(a) the provision mentioned in paragraph (a) may include establishing, maintaining and managing places at which facilities for positive leisure-time activities are provided;
(b) the assistance mentioned in paragraphs (b) and (e) may include the provision of financial assistance;
(c) the arrangements mentioned in paragraphs (c) and (f) may include the provision of transport, of financial assistance or of information to any person.
(7) Before taking any action for the purposes of subsection (1) (“the proposed action”), a local authority must—
(a) consider whether it is expedient for the proposed action to be taken by another person, and
(b) where the authority consider that it is so expedient, take all reasonable steps to enter into an agreement or make arrangements with such a person for that purpose.
(8) For the purposes of subsection (7)(a) a local authority must consult such persons as the authority think appropriate as to whether it is expedient for the proposed action to be taken by another person.
(9) In exercising their functions under this section a local authority must—
(a) take steps to ascertain the views of qualifying young persons in the authority's area about—
(i) positive leisure-time activities, and facilities for such activities, in the authority's area;
(ii) the need for any additional such activities and facilities; and
(iii) access to such activities and facilities; and
(b) secure that the views of qualifying young persons in the authority's area are taken into account.
(10) A local authority in England must—
(a) publicise information about positive leisure-time activities, and facilities for such activities, in the authority's area, and
(b) keep the information publicised under paragraph (a) up to date.
(11) A local authority may charge in respect of anything provided by the authority under this section where the provision is to a qualifying young person (whether or not in the authority's area).
(12) In exercising their functions under this section a local authority must have regard to any guidance given from time to time by the Secretary of State.
(13) In this section—
“recreation” includes physical training (and “recreational” is to be construed accordingly);
“sufficient”, in relation to activities or facilities, means sufficient having regard to quantity;
“well-being”, in relation to a person, means his well-being so far as relating to—
physical and mental health and emotional well-being;
protection from harm and neglect;
education, training and recreation;
the contribution made by him to society;
social and economic well-being.
508 Local authorities in Wales: functions in respect of facilities for recreation and social and physical training.
(1) A local authority in Wales shall secure that the facilities for primary, and secondary education provided for their area include adequate facilities for recreation and social and physical training.
(1A) A local authority in Wales may provide facilities for recreation and social and physical training as part of the facilities for further education provided (whether or not by them) for their area.
(2) For the purpose of subsection (1) or (1A) a local authority—
(a) may establish, maintain and manage, or assist the establishment, maintenance and management of,—
(i) camps, holiday classes, playing fields, play centres, and
(ii) other places, including playgrounds, gymnasiums and swimming baths not appropriated to any school or other educational institution,
at which facilities for recreation and social and physical training are available for persons receiving primary, secondary or further education;
(b) may organise games, expeditions and other activities for such persons; and
(c) may defray, or contribute towards, the expenses of such games, expeditions and other activities.
(3) When making arrangements for the provision of facilities or the organisation of activities in the exercise of their powers under subsection (2), a local authority shall, in particular, have regard to the expediency of co-operating with any voluntary societies or bodies whose objects include the provision of facilities or the organisation of activities of a similar character.
(4) In exercising its functions under this section a local authority must have regard to the Commission for Tertiary Education and Research’s strategic plan approved under section 15 of the Tertiary Education and Research (Wales) Act 2022.
508A Local authorities in England: duty to promote sustainable modes of travel etc
(1) A local authority in England must—
(a) prepare for each academic year a document containing their strategy to promote the use of sustainable modes of travel to meet the school travel needs of their area (“a sustainable modes of travel strategy”),
(b) publish the strategy in such manner and by such time as may be prescribed, and
(c) promote the use of sustainable modes of travel to meet the school travel needs of their area.
(2) Before preparing a sustainable modes of travel strategy, an authority must in particular—
(a) assess the school travel needs of their area, and
(b) assess the facilities and services for sustainable modes of travel to, from and within their area.
(3) “Sustainable modes of travel” are modes of travel which the authority consider may improve either or both of the following—
(a) the physical well-being of those who use them;
(b) the environmental well-being of the whole or a part of their area.
(4) The “school travel needs” of a local authority's area are—
(a) the needs of children and persons of sixth form age in the authority's area as regards travel mentioned in subsection (5), and
(b) the needs of other children and persons of sixth form age as regards travel mentioned in subsection (6).
(5) The needs of children and persons of sixth form age in the authority's area as regards travel referred to in subsection (4)(a) are their needs as regards travel to and from—
(a) schools at which they receive or are to receive education or training,
(b) institutions within the further education sector, or 16 to 19 Academies, at which they receive or are to receive education or training, or
(c) any other places where they receive or are to receive education by virtue of arrangements made in pursuance of section 19(1).
(6) The needs of other children and persons of sixth form age as regards travel referred to in subsection (4)(b) are their needs as regards travel to and from—
(a) schools at which they receive or are to receive education or training,
(b) institutions within the further education sector, or 16 to 19 Academies, at which they receive or are to receive education or training, or
(c) any other places where they receive or are to receive education by virtue of arrangements made in pursuance of section 19(1),
in so far as that travel relates to travel within the authority's area.
(7) The Secretary of State must issue, and may from time to time revise, guidance in relation to the discharge by a local authority of their duties under this section.
(8) Before issuing or revising guidance under subsection (7), the Secretary of State must consult such persons as he considers appropriate.
(9) In discharging their duties under this section an authority must—
(a) consult such persons as they consider appropriate, and
(b) have regard to any guidance given from time to time by the Secretary of State under subsection (7).
(10) References in this section to persons of sixth form age are to be construed in accordance with subsection (1) of section 509AC.
(11) In this section, “academic year” has the same meaning as in section 509AC in the case of local authorities in England.
508B Local authorities in England: travel arrangements for eligible children
(1) A local authority in England must make, in the case of an eligible child in the authority's area to whom subsection (2) applies, such travel arrangements as they consider necessary in order to secure that suitable home to school travel arrangements, for the purpose of facilitating the child's attendance at the relevant educational establishment in relation to him, are made and provided free of charge in relation to the child.
(2) This subsection applies to an eligible child if—
(a) no travel arrangements relating to travel in either direction between his home and the relevant educational establishment in relation to him, or in both directions, are provided free of charge in relation to him by any person who is not the authority, or
(b) such travel arrangements are provided free of charge in relation to him by any person who is not the authority but those arrangements, taken together with any other such travel arrangements which are so provided, do not provide suitable home to school travel arrangements for the purpose of facilitating his attendance at the relevant educational establishment in relation to him.
(3) “Home to school travel arrangements”, in relation to an eligible child, are travel arrangements relating to travel in both directions between the child's home and the relevant educational establishment in question in relation to that child.
(4) “Travel arrangements”, in relation to an eligible child, are travel arrangements of any description and include—
(a) arrangements for the provision of transport, and
(b) any of the following arrangements only if they are made with the consent of a parent of the child—
(i) arrangements for the provision of one or more persons to escort the child (whether alone or together with other children) when travelling to or from the relevant educational establishment in relation to the child;
(ii) arrangements for the payment of the whole or any part of a person's reasonable travelling expenses;
(iii) arrangements for the payment of allowances in respect of the use of particular modes of travel.
(5) “Travel arrangements”, in relation to an eligible child, include travel arrangements of any description made by any parent of the child only if those arrangements are made by the parent voluntarily.
(6) “Travel arrangements”, in relation to an eligible child, do not comprise or include travel arrangements which give rise to additional costs and do not include appropriate protection against those costs.
(7) For the purposes of subsection (6)—
(a) travel arrangements give rise to additional costs only if they give rise to any need to incur expenditure in order for the child to take advantage of anything provided for him in pursuance of the arrangements, and
(b) travel arrangements include appropriate protection against those costs only if they include provision for any expenditure that needs to be incurred for the purpose mentioned in paragraph (a) in the case of the child to be met by the person by whom the arrangements are made.
(8) Travel arrangements are provided free of charge if there is no charge for anything provided in pursuance of the arrangements.
(9) Schedule 35B has effect for the purposes of defining “eligible child” for the purposes of this section.
(10) References to a “relevant educational establishment”, in relation to an eligible child, are references to—
(a) in the case of a child who is an eligible child by virtue of falling within any of paragraphs 2, 4, 6, 9, 11 and 12 of Schedule 35B, the qualifying school (within the meaning of that Schedule) at which the child is a registered pupil referred to in the paragraph in question, and
(b) in the case of a child who is an eligible child by virtue of falling within any of paragraphs 3, 5, 7, 10 and 13 of Schedule 35B, the place other than a school, where the child is receiving education by virtue of arrangements made in pursuance of section 19(1), referred to in the paragraph in question.
(11) Regulations may modify subsections (1) and (2) to provide for their application in cases where there is more than one relevant educational establishment in relation to a child.
508C Local authorities in England: travel arrangements etc for other children
(1) A local authority in England may make such school travel arrangements as they consider necessary, in relation to any child in the authority's area to whom this section applies, for the purpose of facilitating the child's attendance at any relevant educational establishment in relation to the child.
(2) This section applies to a child who is not an eligible child for the purposes of section 508B.
(3) “School travel arrangements”, in relation to such a child, are travel arrangements relating to travel in either direction between his home and any relevant educational establishment in relation to the child, or in both directions.
(4) “Travel arrangements”, in relation to such a child, are travel arrangements of any description and include—
(a) arrangements for the provision of transport, and
(b) any of the following arrangements only if they are made with the consent of a parent of the child—
(i) arrangements for the provision of one or more persons to escort the child (whether alone or together with other children) when travelling to or from any relevant educational establishment in relation to the child;
(ii) arrangements for the payment of the whole or any part of a person's reasonable travelling expenses;
(iii) arrangements for the payment of allowances in respect of the use of particular modes of travel.
(5) A local authority in England may pay, in the case of a child in the authority's area to whom this section applies and in relation to whom no arrangements are made by the authority under subsection (1), the whole or any part, as they think fit, of a person's reasonable travelling expenses in relation to that child's travel in either direction between his home and any relevant educational establishment in relation to the child, or in both directions.
(6) References to a “relevant educational establishment”, in relation to a child to whom this section applies, are references to—
(a) any school at which he is a registered pupil,
(b) any institution within the further education sector, or 16 to 19 Academy, at which he is receiving education, or
(c) any place other than a school where he is receiving education by virtue of arrangements made in pursuance of section 19(1).
508D Guidance etc in relation to sections 508B and 508C
(1) The Secretary of State must issue, and may from time to time revise, guidance in relation to the discharge by a local authority of their functions under sections 508B and 508C.
(2) Before issuing or revising guidance under subsection (1), the Secretary of State must consult such persons as he considers appropriate.
(3) In discharging their functions under sections 508B and 508C an authority must have regard to any guidance given from time to time by the Secretary of State under subsection (1).
(4) Regulations may require a local 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 discharge of their functions under section 508B or 508C.
508E Local authorities in England: school travel schemes
(1) Schedule 35C has effect in relation to school travel schemes.
(2) Where a school travel scheme is in force under Schedule 35C, the local authority in England by which the scheme is made must give effect to the scheme by—
(a) making the arrangements which are set out in the scheme as described in paragraph 2(1) of that Schedule as arrangements to be made by the authority,
(b) complying with the requirement of the scheme described in paragraph 2(5) of that Schedule (requirement to make suitable alternative arrangements),
(c) complying with the requirement of the scheme described in paragraph 3 of that Schedule (travel arrangements for eligible children), and
(d) complying with the scheme's policy applicable to charging and any other requirements of the scheme.
(3) Where a school travel scheme is in force under Schedule 35C, the local authority in England by which the scheme is made do not have any functions under section 508B or 508C in relation to children in their area.
(4) The Secretary of State must issue, and may from time to time revise, guidance in relation to the discharge by a local authority in England of any duty under subsection (2) or of any functions under Schedule 35C.
(5) Before issuing or revising guidance under subsection (4), the Secretary of State must consult such persons as he considers appropriate.
(6) In discharging any duty under subsection (2) and in exercising any functions under Schedule 35C, a local authority in England must have regard to any guidance given from time to time by the Secretary of State under subsection (4).
508F Local authorities in England: provision of transport etc for adult learners
(1) A local authority in England must make such arrangements for the provision of transport and otherwise as they consider necessary, or as the Secretary of State may direct, for the purposes mentioned in subsections (2) and (3).
(2) The first purpose is to facilitate the attendance of adults receiving education at institutions—
(a) maintained or assisted by the authority and providing further or higher education (or both), or
(b) within the further education sector.
(3) The second purpose is to facilitate the attendance of relevant young adults receiving education or training at institutions outside both the further education sector and the wider higher education sector, but only in cases where the local authority have secured for the adults in question—
(a) the provision of education or training at the institution in question, and
(b) the provision of boarding accommodation under section 514A.
(4) Any transport provided under subsection (1) must be provided free of charge.
(5) In considering what arrangements it is necessary to make under subsection (1) in relation to relevant young adults, a local authority must have regard to what they are required to do under section 15ZA(1) in relation to those persons.
(6) In considering whether they are required by subsection (1) to make arrangements in relation to a particular adult, a local authority must have regard (among other things) to the age of the adult and the nature of the route, or alternative routes, which the adult could reasonably be expected to take.
(7) Arrangements made under subsection (1) by virtue of subsection (3) to facilitate full-time education or training at an institution outside both the further education sector and the wider higher education sector must be no less favourable than the arrangements made for relevant young adults of the same age for whom the authority secure the provision of education at another institution.
(8) A local authority in England may pay all or part of the reasonable travelling expenses of an adult—
(a) receiving education or training at an institution mentioned in subsection (2) or (3), and
(b) for whose transport no arrangements are made under subsection (1).
(9) In this section—
“adult” means a person who is neither a child nor a person of sixth form age,
“sixth form age” is to be construed in accordance with section 509AC(1), and
“relevant young adult” means an adult for whom an EHC plan is maintained.
508G Local authorities in England: transport policy statements etc for young adults subject to learning difficulty assessment
(1) A local authority in England making arrangements, or proposing to pay travelling expenses, under section 508F in relation to relevant young adults must consult—
(a) any other local authority that they consider it appropriate to consult,
(b) governing bodies of institutions within the further education sector in the authority’s area,
(ba) proprietors of 16 to 19 Academies in the authority's area,
(c) persons in the local authority’s area who will be relevant young adults when the arrangements or payments have effect, and their parents,
(d) the Secretary of State, and
(e) any other person specified by the Secretary of State.
(2) The authority must prepare for each academic year a transport policy statement complying with the following requirements.
(3) The statement must specify any transport or other arrangements, and any payment of travelling expenses, made or to be made in relation to the year under section 508F in relation to relevant young adults.
(4) The statement must also specify any travel concessions (within the meaning of Part 5 of the Transport Act 1985) which are to be provided under any scheme established under section 93 of that Act to relevant young adults receiving education or training at an institution mentioned in subsection (2) or (3) of section 508F.
(5) The authority must publish the statement by the end of May in the year in which the relevant academic year begins.
(6) In preparing and publishing the statement, the 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 relevant young adults and their parents to take reasonable account of those matters when choosing between different institutions at which education or training is provided.
(7) The publication of a statement under this section in relation to an academic year does not prevent an authority from—
(a) making additional arrangements or payments under section 508F in relation to the academic year, or
(b) providing additional travel concessions in relation to the academic year.
(8) The Secretary of State may amend subsection (5) by order to change the time by which the statement must be published.
(9) In this section—
“academic year” has the meaning given in section 509AC,
“governing body” has the meaning given in section 509AC, and
“relevant young adult” has the meaning given in section 508F.
In making arrangements under section 508F(1) and preparing and publishing a statement under section 508G, a local authority must have regard to any guidance issued by the Secretary of State under this section.