Office of Public Sector Information
Section 85
1 In section 46 of the Public Passenger Vehicles Act 1981 (fare-paying passengers on school buses), in subsection (3), in the definition of “free school transport”—
(a) after “under” insert “section 508B(1), section 508C(1), section 508F(1),” and
(b) after “1996,” insert—
“(aa) in pursuance of arrangements made by the authority in pursuance of a scheme made by them under Schedule 35C to that Act (school travel schemes),”.
2 (1) Section 6 of the Transport Act 1985 (registration of local services) is amended as follows.
(2) In subsection (1) after “London local service” insert “nor a service which falls within subsection (1A) below”.
(3) After subsection (1) insert—
“(1A) A service falls within this subsection if conditions A and B are satisfied in relation to it.
(1B) Condition A is satisfied if the service is provided in pursuance of—
(a) the obligation placed on a local education authority by section 508B(1), section 508F(1), section 509(1) or (1A), or section 509AA(7)(b) or (9)(a) of the Education Act 1996 (provision of transport etc);
(b) the exercise of the power of a local education authority under section 508C(1) of that Act; or
(c) arrangements made by a local education authority in pursuance of a scheme made by them under Schedule 35C to that Act (school travel schemes).
(1C) Condition B is satisfied if the service is for the carriage of any of the following persons (and no other)—
(a) a person receiving education or training at premises to or from which transport is provided in pursuance of the obligation, the exercise of the power or the arrangements, as the case may be, mentioned in paragraph (a), (b) or (c) of subsection (1B);
(b) a person supervising or escorting any such person while he is using such transport;
(c) a person involved with the provision of education or training at any such premises.”
3 In section 455(1) of EA 1996 (permitted charges), in paragraph (c), for “509(2)” substitute “508B(1), 508F(3) or 509(2), or section 508E(2)(d) and paragraph 5(2) of Schedule 35C,”.
4 (1) Section 509 of EA 1996 (provision of transport etc) is amended as follows.
(2) In subsection (1)—
(a) after “local education authority” insert “in Wales”, and
(b) for “Secretary of State” substitute “National Assembly for Wales”.
(3) In subsection (1A)—
(a) after “authority” insert “in Wales”, and
(b) for “Secretary of State” substitute “National Assembly for Wales”.
(4) In subsection (1B)—
(a) omit “the Learning and Skills Council for England or”, and
(b) in paragraph (b), omit “13 or”.
(5) In subsection (3), after “authority” insert “in Wales”.
(6) In subsection (5), in paragraph (c), for “section 13” substitute “section 41”.
(7) In the heading, for “Provision” substitute “LEAs in Wales: provision”.
5 In section 509AB of EA 1996 (further provision about transport policy statements)—
(a) after subsection (3) insert—
“(3A) In considering whether or not it is necessary to make arrangements for those purposes in relation to a particular person, a local education 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.”, and
(b) in subsection (4)—
(i) for “those purposes” substitute “the purposes mentioned in subsections (2) and (3) of section 509AA”, and
(ii) after “authority” insert “in Wales”.
Section 112
1 The Office is to consist of—
(a) a chairman appointed by the Secretary of State;
(b) not less than 5 and not more than 10 other members appointed by the Secretary of State (“the appointed members”); and
(c) the Chief Inspector.
2 (1) The chairman and the appointed members hold and vacate office in accordance with the terms of their respective appointments.
(2) Sub-paragraph (1) has effect subject to the following provisions of this Schedule.
(3) Section 113 makes provision for the holding and vacation of office by the Chief Inspector.
3 A person appointed as chairman or appointed member—
(a) must not be appointed for a term of more than five years,
(b) may at any time resign by giving written notice to the Secretary of State, and
(c) may be removed from office by the Secretary of State on the grounds that he is unable or unfit to carry out the duties of his office.
4 The previous appointment of a person as chairman or appointed member does not affect his eligibility for appointment to either office.
5 (1) The Office must pay to the chairman and each of the appointed members such remuneration and allowances as may be determined by the Secretary of State.
(2) The Office must, if required to do so by the Secretary of State—
(a) pay such pension, allowances or gratuities as may be determined by the Secretary of State to or in respect of a person who is or has held office as chairman or appointed member; or
(b) make such payments as may be so determined towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person.
(3) If, where a person ceases to hold office as chairman or appointed member, the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, the Office must pay to him such amount by way of compensation as the Secretary of State may determine.
(4) Paragraph 1 of Schedule 12 makes provision for the payment to the Chief Inspector of remuneration etc.
6 (1) The Office has power to appoint staff—
(a) for the purposes of the performance of its own functions, and
(b) for the purposes of the performance of functions of the Chief Inspector.
(2) But that power is exercisable only by the Chief Inspector acting on behalf of the Office.
(3) The conditions of service of persons appointed under this paragraph are to be determined by the Chief Inspector, subject to the approval of the Minister for the Civil Service.
(4) The management of the staff of the Office is to be the responsibility of the Chief Inspector.
(5) Nothing in this paragraph is to be read as preventing any delegation by the Chief Inspector under paragraph 9 of Schedule 12.
7 (1) The Office may establish committees, and any committee so established may establish sub-committees.
(2) The members of a committee of the Office may include persons who are not members of the Office (and the members of a sub-committee may include persons who are not members of the committee or of the Office).
(3) The Office may make arrangements for the payment of such remuneration and allowances as it thinks fit to any person who—
(a) is a member of a committee or sub-committee, but
(b) is not a member of the Office.
8 (1) The Office may make such provision as it thinks fit to regulate—
(a) its own proceedings (including quorum), and
(b) the procedure (including quorum) of its committees and sub-committees.
(2) The validity of any proceedings of the Office, or any of its committees or sub-committees, is not affected by—
(a) any vacancy in the office of chairman or in the membership of the Office or (as the case may be) of the committee or sub-committee, or
(b) any defect in the appointment of the chairman or any other member of the Office or (as the case may be) of any member of the committee or sub-committee.
9 Anything authorised or required to be done by the Office may be done by—
(a) any member of the Office who is authorised for the purpose by the Office, whether generally or specially, or
(b) any committee or sub-committee of the Office which has been so authorised.
10 The application of the seal of the Office must be authenticated by the signature of—
(a) any member of the Office, or
(b) some other person who has been authorised for that purpose by the Office, whether generally or specially.
11 The Documentary Evidence Act 1868 (c. 37) shall have effect in relation to the Office as if—
(a) the Office were included in the first column of the Schedule to that Act,
(b) any member or other person authorised to act on behalf of the Office were mentioned in the second column of that Schedule, and
(c) the regulations referred to in that Act included any document issued by or under the authority of the Office.
12 (1) The Office has power—
(a) to enter into contracts,
(b) to acquire, and dispose of, land or other property, and
(c) to arrange for the provision of accommodation,
in connection with the performance of its own functions or in connection with the performance of functions of the Chief Inspector.
(2) But those powers are exercisable only by the Chief Inspector acting on behalf of the Office.
(3) The management of any property or accommodation held or used in connection with the performance of any of the functions mentioned in sub-paragraph (1) is to be the responsibility of the Chief Inspector.
(4) Nothing in this paragraph is to be read as preventing any delegation by the Chief Inspector under paragraph 9 of Schedule 12.
13 (1) The Office may do anything that it considers is necessary or expedient for the purposes of, or in connection with, its functions.
(2) But to the extent that paragraph 6 or 12 makes provision for restricting the exercise of any such power, the power is accordingly exercisable subject to any such restriction.
Education and Inspections Act 2006