Office of Public Sector Information
(4) In subsection (3) for “The” substitute “In relation to a relevant school in England, the”.
(5) After subsection (3) insert—
“(3A) In relation to a relevant school in Wales, the standard of behaviour which is to be regarded as acceptable must be determined by the head teacher, so far as it is not determined by—
(a) the governing body, or
(b) the Welsh Ministers.”
(6) In subsection (5), after “head teacher” insert “of a relevant school in England”.
(7) After subsection (5) insert—
“(5A) The measures which the head teacher of a relevant school in Wales determines under subsection (1) may, to such extent as is reasonable and not required by subsection (2A)(c), include measures to be taken with a view to regulating the conduct of pupils at a time when they are not on the premises of the school and are not under the lawful control or charge of a member of the staff of the school.”
(1) This section applies to learners for whom travel arrangements are made under section 3 or 4.
(2) The local authority may withdraw travel arrangements made for a learner if—
(a) the authority is satisfied that the learner has failed to comply with the travel behaviour code made under section 12, and
(b) the following conditions applicable to the learner are satisfied.
(3) All six of the following conditions apply to any learner who is a registered pupil at a relevant school.
(4) The first, third and fourth of the following conditions apply to any learner who is not a registered pupil at a relevant school.
(5) The first condition is that before any decision is taken to withdraw travel arrangements—
(a) the learner and the parent of the learner are given the opportunity to make representations, and
(b) those representations are considered by the local authority.
(6) The second condition is that the head teacher of the relevant school at which the learner is a registered pupil—
(a) is consulted about the decision to withdraw travel arrangements; and
(b) is given notice of the decision at least 24 hours before the withdrawal takes effect.
(7) The third condition is that the decision to withdraw travel arrangements is reasonable in the circumstances.
(8) The fourth condition is that the local authority gives notice of the withdrawal of travel arrangements to the learner’s parent at least 24 hours before the withdrawal takes effect.
(9) The fifth condition is that the period of withdrawal does not exceed 10 consecutive school days.
(10) The sixth condition is that the period of withdrawal would not result in the learner having travel arrangements withdrawn for more than 30 school days in the school year in which the withdrawal takes effect.
(11) In determining whether a decision to withdraw travel arrangements is reasonable for the purposes of subsection (7), the following matters in particular must be taken into account—
(a) whether the period of withdrawal is proportionate in the circumstances of the case,
(b) any special circumstances relevant to the withdrawal of travel arrangements which are known to the local authority (or of which the authority ought to be aware) including in particular—
(i) the learner’s age,
(ii) any special educational needs the learner may have,
(iii) any disability the learner may have,
(iv) whether the learner would lose an opportunity to take a public examination, and
(v) whether suitable alternative travel arrangements can reasonably be made by the learner’s parent.
(12) A notice under subsection (6) or (8) must be in writing and specify—
(a) the period for which travel arrangements are to be withdrawn, and
(b) the authority’s reasons for withdrawal of the travel arrangements.
(13) For the purposes of this section and section 17, a “relevant school” means—
(a) a maintained school,
(b) a pupil referral unit, or
(c) a non-maintained special school.
(14) Regulations may—
(a) amend or repeal either or both of subsections (9) and (10);
(b) make provision for reviews of decisions under subsection (2);
(c) make provision for appeals from decisions under subsection (2).
(15) Regulations under subsection (14)(c) may in particular—
(a) specify the categories of person who may appeal;
(b) specify the circumstances in which appeals may be made;
(c) provide for the constitution of appeals panels;
(d) provide for appeal procedures;
(e) make provision about the effect of appeal decisions;
(f) provide for the payment of allowances to members of appeals panels;
(g) require the provision of information about appeals.
(1) In exercising their functions under this Measure, the following bodies must have regard to guidance given from time to time by the Welsh Ministers —
(a) local authorities;
(b) governing bodies of maintained schools;
(c) governing bodies of institutions in the further education sector.
(2) A local authority must make such learner travel arrangements under section 3, 4 or 6 as the Welsh Ministers direct.
(3) In making arrangements under section 3, 4 or 6 a local authority must comply with any directions given by the Welsh Ministers.
(4) Directions under this section may be given to one or more local authorities or local authorities generally.
Regulations may require a local authority to publish, at such times and in such manner as may be prescribed, information—
(a) received while carrying out assessments under section 2(2);
(b) about assessments made under that section;
(c) about the travel arrangements made under this Measure;
(d) about the travel behaviour code made under section 12.
(1) The governing body of a maintained school or an institution in the further education sector in Wales must give a local authority any information or other assistance that is reasonably required by them for the performance of their functions under this Measure.
(2) A local authority must give another local authority any information or other assistance that is reasonably required by the other authority for the performance of their functions under sections 2, 3, 4 and 6.
(3) A local authority must give the head teacher of a relevant school any information or other assistance that is reasonably required by the head teacher about the behaviour of a registered pupil of his or her school while the pupil was taking advantage of travel arrangements made by the local authority under this Measure.
(4) A head teacher of a relevant school must give a local authority any information or other assistance that is reasonably required by the local authority for the performance of their functions under section 14.
(1) This section applies where a local authority (“authority A”) makes travel arrangements under sections 3 or 4 for a child who is looked after by a local authority responsible for a different area (“authority B”).
(2) Authority A may demand reimbursement from authority B for the full cost or part of the cost of making the travel arrangements.
(3) Authority B must comply with the demand.
(1) If a person has no ordinary residence, that person is to be treated for the purposes of this Measure as being ordinarily resident at the place at which he or she is for the time being resident.
(2) Subsections (3) to (6) apply to a child or young person who is either—
(a) a registered pupil at a school, or
(b) enrolled as a full-time student at an institution in the further education sector.
(3) This subsection applies to a child or young person—
(a) whose parents are not living together, and
(b) who usually lives with more than one parent in the periods during which the child or young person receives education or training.
(4) This subsection applies to a child or young person who usually lives with a parent and also at a children’s home in the periods during which the child or young person receives education or training.
(5) For the purposes of this Measure—
(a) a child or young person to whom subsection (3) applies is ordinarily resident at the places where each of his or her parents is ordinarily resident;
(b) a child or young person to whom subsection (4) applies is ordinarily resident at the children’s home and the place where his or her parent is ordinarily resident.
(6) But if there are more than two such places, the child or young person is ordinarily resident at the two places nearest—
(a) the school at which the child or young person is a registered pupil, or
(b) the institution in the further education sector at which the child or young person is enrolled as a full-time student.
(7) In this section—
(a) “children’s home” has the same meaning as in section 1 of the Care Standards Act 2000 (c. 14);
(b) “parent” means a parent within the meaning of section 576(1) of the Education Act 1996 who is an individual.
(1) Section 444 of the Education Act 1996 (school attendance) is amended as follows.
(2) For subsection (4) substitute —
“(4) The child is not to be taken to have failed to attend regularly at the school if the parent proves that the local authority have failed to discharge—
(a) a duty to make transport arrangements in relation to the child under section 3 of the Learner Travel (Wales) Measure 2008, or
(b) a duty to make travel arrangements in relation to the child under section 4 of that Measure.”
(3) In subsection (5) for “subsections (3D) and (4)” substitute “subsection (3D)”.
(1) The Education Act 2002 is amended as follows.
(2) Section 32 (fixing dates of terms and holidays and times of school sessions) is amended as follows—
(a) in subsection (1)(b) before “the governing body” insert “subject to subsections (5) to (9),”;
(b) in subsection (2)(b) before “the times” insert “ subject to subsections (5) to (9)”;
(c) after subsection (4) insert—
“(5) Subsections (1)(b) and (2)(b) do not apply in relation to a school in Wales in the circumstances specified in subsection (6).
(6) The circumstances are—
(a) that the local education authority in whose area the school is situated have given notice in writing to the governing body of the school that the times of the school sessions are to be determined in accordance with subsection (8), and
(b) that the notice has not been withdrawn by the local education authority.
(7) A local education authority must not issue a notice of the kind mentioned in subsection (6)(a) unless they consider a change in the times of the sessions of that school to be necessary or expedient in order to—
(a) promote the use of sustainable modes of travel within the meaning of section 11 of the Learner Travel (Wales) Measure 2008, or
(b) improve the effectiveness or efficiency of travel arrangements made, or to be made, by the authority under that Measure.
(8) In relation to a school subject to a notice of the kind mentioned in subsection (6)(a)—
(a) where there are two school sessions on the relevant school day—
(i) the local education authority must determine the time each day at which the first school session starts and the second school session ends, and
(ii) the governing body must determine the time each day at which the first school session ends and the second school session starts;
(b) where there is one school session on the relevant school day the local education authority must determine the time each day at which the school session starts and ends.
(9) The Welsh Ministers may make provision by regulations—
(a) as to the procedure to be followed where the local education authority propose to issue a notice of the kind mentioned in subsection (6)(a);
(b) as to the matters to be included in such a notice;
(c) as to the implementation of any determination under subsection (8);
(d) for enabling the local education authority to determine, for any purposes of the regulations, whether any person is to be treated as a parent of a registered pupil at the school.
(10) In giving notice as described in subsection (6) and in discharging any function conferred by subsections (7) or (8) or by regulations under subsection (9), a local education authority must have regard to guidance given by the Welsh Ministers.”
(3) In section 210 (orders and regulations)—
(a) in subsection (1) for “the National Assembly for Wales” substitute “the Welsh Ministers”;
(b) after subsection (6) insert—
“(6A) Any statutory instrument containing regulations made under section 32(9) by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(6B) Paragraphs 33 to 35 of Schedule 11 to the Government of Wales Act 2006 make provision about the National Assembly for Wales procedures that apply to any statutory instrument containing regulations or an order made in exercise of functions conferred upon the National Assembly for Wales by this Act that have been transferred to the Welsh Ministers by virtue of paragraph 30 of that Schedule.”;
(c) in subsection (7)—
(i) for “the National Assembly for Wales” substitute “the Welsh Ministers”,
(ii) for “the Assembly thinks” in paragraph (c) substitute “the Welsh Ministers think”.
(1) The Education Act 1996 is amended as follows.
(2) In section 455 (permitted charges)—
(a) after subsection (1)(b) insert—
“(ba) travel arrangements provided under section 6 of the Learner Travel (Wales) Measure 2008 (“the Measure”) for a registered pupil at a maintained school in Wales, other than arrangements in respect of which, by virtue of section 454(3) of this Act or sections 3 or 4 of the Measure, no charge may be made,”;
(b) in subsection (1)(c) after “maintained school” insert “in England” and omit “or 509(2)”;
(c) at the end of subsection (2)(b) omit “or”;
(d) after subsection (2)(b) insert—
“(ba) by virtue of subsection (1)(ba) in respect of the provision for a pupil of travel arrangements, or”;
(e) in subsection (3) after “entry” insert “travel arrangements,”.
(3) In section 456 (regulation of permitted charges), in subsection (3) after “A regulated charge” insert “, except any charge permitted by virtue of section 455(1)(ba),”.
(1) The Education and Inspections Act 2006 is amended as follows.
(2) In section 162 (power to repeal references to “local education authority”), after subsection (5) insert—
“(5A) The Welsh Ministers may by order make such provision as appears to them to be appropriate for the purpose of—
(a) repealing any reference in a Measure of the National Assembly for Wales to a local education authority (however expressed), and
(b) replacing it, where it appears to them to be appropriate, with a reference (however expressed) to a Welsh local authority.”
(3) In section 181—
(a) for subsection (1) substitute—
“(1) Any power of the Secretary of State or the Welsh Ministers to make an order or regulations under this Act is exercisable by statutory instrument.”;
(b) in subsection (2)—
(i) for “the Assembly”, the first time that expression appears, substitute “the Welsh Ministers”,
(ii) for “the Assembly thinks” in paragraph (c) substitute “the Welsh Ministers think”.
(4) After section 182 insert—
(1) Any statutory instrument containing an order made under section 162(5A) by the Welsh Ministers may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Assembly.
(2) Paragraphs 33 to 35 of Schedule 11 to the Government of Wales Act 2006 make provision about the Assembly procedures that apply to any statutory instrument containing regulations or an order made in exercise of functions conferred upon the Assembly by this Act that have been transferred to the Welsh Ministers by virtue of paragraph 30 of that Schedule.”
(1) In this Measure—
“academic year” (“blwyddyn academaidd”) means any period from 1 August to 31 July;
“disability” (“anabledd”) and “disabled person” (“person anabl”) have the same meaning as in section 1 of the Disability Discrimination Act 1995 (c. 50);
“education” (“addysg”) does not include higher education;
“learning difficulty” (“anhawster dysgu”) in respect of a person means—
a significantly greater difficulty in learning than the majority of persons of the same age, or
a disability which either prevents or hinders that person from using facilities of a kind provided at relevant places,
but a person is not to be taken as having a learning difficulty solely because the language (or form of the language) in which the person is taught or will be taught is different from a language (or form of a language) which has at any time been spoken in the person’s home;
“local authority” (“awdurdod lleol”) means a local education authority in Wales; but in any reference to a child looked after by a local authority it means a council of a county or county borough in Wales exercising social services functions within the meaning of the Local Authority Social Services Act 1970 (c. 42);
“maintained school” (“ysgol a gynhelir”) means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;
“non-maintained special school” (“ysgol arbennig nas cynhelir”) means a school approved under section 342 of the Education Act 1996;
“nursery education” (“addysg feithrin”) means education suitable for children who have not attained compulsory school age;
“prescribed” (“rhagnodi”) means prescribed in regulations;
“regulations” (“rheoliadau”) means regulations made by the Welsh Ministers;
“work experience” (“profiad gwaith”) means work experience arranged for—
a registered pupil of a maintained school or a pupil referral unit, or
a student enrolled at an institution within the further education sector,
by, or on behalf of, the governing body of the relevant educational institution.
(2) References in this Measure to a child who is looked after by a local authority have the same meaning as they have in section 22(1) of the Children Act 1989 (c. 41).
(3) Subject to subsection (4), the Education Act 1996 and the provisions of this Measure are to be read as if those provisions were contained in the Education Act 1996.
(4) Where an expression is given for the purposes of any provision of this Measure a meaning different from that given to it for the purposes of the Education Act 1996, the meaning given for the purposes of that provision is to apply instead of the one given for the purposes of that Act.
Schedule 1 contains minor and consequential amendments relating to the provisions made by this Measure.
The enactments specified in Schedule 2 are repealed to the extent specified.
(1) Any power of the Welsh Ministers to make an order or regulations under this Measure is exercisable by statutory instrument.
(2) Any power of the Welsh Ministers to make an order or regulations under this Measure includes power—
(a) to make different provision for different cases or areas;
(b) to make provision generally or in relation to specific cases;
(c) to make such incidental, supplementary, transitional or saving provision as the Welsh Ministers think fit.
(3) The power of the Welsh Ministers to make regulations under section 3(9), 7 or 8 also includes power to make such consequential provision as the Welsh Ministers think fit.
(4) The incidental, supplementary, transitional, saving or consequential provision to be made in regulations may include such provision that amends or repeals any provision of—
(a) this Measure or any other Measure of the National Assembly for Wales passed before or in the same Assembly year as this Measure;
(b) an Act passed before the passing of this Measure;
(c) subordinate legislation made before the passing of this Measure.
(5) Any statutory instrument containing regulations made under this Measure is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(6) Subsection (5) does not apply to regulations to which subsection (7) applies.
(7) A statutory instrument which contains (alone or with other provisions)—
(a) regulations under section 3(9),
(b) regulations under section 7,
(c) regulations under section 8,
(d) regulations under section 14(14)(a), or
(e) regulations under subsection (4) which amend or repeal any provision of an Act or Assembly Measure,
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
(1) The following provisions come into force at the end of a period of two months beginning on the day on which this Measure is approved by Her Majesty in Council—
this section;
section 27;
section 29.
(2) The remaining provisions of this Measure come into force in accordance with provision made by the Welsh Ministers by order.
(1) This Measure may be cited as the Learner Travel (Wales) Measure 2008.
(2) This Measure is to be included in the list of Education Acts set out in section 578 of the Education Act 1996.
Learner Travel (Wales) Measure 2008