Education and Inspections Act 2006

Part 6School travel and school food

Travel to schools etc

76LEAs in England: duty to promote sustainable modes of travel etc

After section 508 of EA 1996 insert—

“508ALEAs in England: duty to promote sustainable modes of travel etc

(1)A local education 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 education 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 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 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 education 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 education authorities in England.”

77LEAs in England: provision of travel arrangements etc for children

(1)After section 508A of EA 1996 (inserted by section 76 above) insert—

“508BLEAs in England: travel arrangements for eligible children

(1)A local education 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.

508CLEAs in England: travel arrangements etc for other children

(1)A local education 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 education 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 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).

508DGuidance 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 education 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 education 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.”

(2)Schedule 8 (which inserts Schedule 35B to EA 1996) has effect.

78LEAs in England: school travel schemes

(1)After section 508D of EA 1996 (inserted by section 77 above) insert—

“508ELEAs 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 education 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 education 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 education 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 education authority in England must have regard to any guidance given from time to time by the Secretary of State under subsection (4).”

(2)Schedule 9 (which inserts Schedule 35C to EA 1996) has effect.

79Piloting of school travel scheme provisions

(1)The school travel scheme provisions are to be piloted in accordance with regulations made by the Secretary of State.

(2)Regulations under subsection (1) may, in particular, provide for there to be a limit on the number of school travel schemes which may be in force while the school travel scheme provisions are being piloted.

(3)In this section, “the school travel scheme provisions” means section 508E of, and Schedule 35C to, EA 1996.

80Power to repeal school travel scheme provisions etc

(1)The Secretary of State must prepare and publish, before 1st January 2012, an evaluation of the operation and effect of school travel schemes approved under Schedule 35C to EA 1996.

(2)The Secretary of State may by order provide for the school travel scheme provisions to cease to have effect in relation to local education authorities with effect from such date as may be specified in the order.

(3)The earliest date which may be specified under subsection (2) is 1st August 2012.

(4)The latest date which may be specified under subsection (2) is 1st August 2015.

(5)Power to make an order under this section includes power to make consequential amendments and repeals in any enactment, including this Act and enactments passed or made after the passing of this Act.

(6)In this section, “the school travel scheme provisions” means section 508E of, and Schedule 35C to, EA 1996.

81LEAs in England: provision of transport etc for certain adult learners

After section 508E of EA 1996 (inserted by section 78 above) insert—

“508FLEAs in England: provision of transport etc for certain adult learners

(1)A local education 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 purpose of facilitating the attendance of qualifying adult learners receiving education or training at an institution outside both the further education and higher education sectors.

(2)“Qualifying adult learners” means adult learners for whom the Learning and Skills Council for England has secured—

(a)the provision of education or training at the institution in question, and

(b)the provision of boarding accommodation under section 13 of the Learning and Skills Act 2000 (persons with learning difficulties).

(3)Any transport provided in pursuance of arrangements under subsection (1) must be provided free of charge.

(4)A local education authority in England may pay the whole or any part, as they think fit, of the reasonable travelling expenses of any adult learner receiving education or training at an institution outside both the further education and higher education sectors for whose transport no arrangements are made under subsection (1).

(5)In considering whether or not they are required by subsection (1) to make arrangements in relation to a particular person, a local education authority must have regard, amongst other things, to the age of the person and the nature of the routes which he could reasonably be expected to take.

(6)Arrangements made by a local education authority under subsection (1) must make provision for persons receiving full-time education or training at institutions mentioned in subsection (1) which is no less favourable than the provision made in pursuance of the arrangements for persons of the same age with learning difficulties (within the meaning of section 13 of the Learning and Skills Act 2000) for whom the authority secure the provision of education at any other institution.

(7)“Adult learner” means a person who is neither a child nor a person of sixth form age.

(8)The reference in subsection (7) to a person of sixth form age is to be construed in accordance with subsection (1) of section 509AC.”

82Amendments of section 444 of EA 1996 in relation to school travel

(1)Section 444 of EA 1996 (offence of failing to secure regular attendance at school of registered pupil) is amended as follows.

(2)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 local education 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 local education 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 local education authority for boarding accommodation for him at or near the school, and

(c)that no suitable arrangements have been made by the local education 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.”

(3)In subsection (5) for “subsection (4)” substitute “subsections (3D) and (4)”.

(4)In subsection (6) for “subsection (4)” substitute “subsections (3B), (3D) and (4)”.

(5)The amendments made by this section do not apply in relation to any failure of a child to attend at a school or other place in relation to which section 444 of EA 1996 applies which occurs on a day before this section comes into force.

83Learning and Skills Council for England: transport etc for persons of sixth form age

(1)In section 509AA of EA 1996 (provision of transport etc for persons of sixth form age)—

(a)in subsection (9)—

(i)for “Secretary of State” substitute “appropriate authority”, and

(ii)for “he” substitute “it”,

(b)after subsection (9) insert—

“(9A)The “appropriate authority” means—

(a)in the case of a local education authority in England, the Secretary of State, and

(b)in the case of a local education authority in Wales, the National Assembly for Wales.”, and

(c)in subsection (10), after “Secretary of State” insert “(in relation to local education authorities in England) or the National Assembly for Wales (in relation to local education authorities in Wales)”.

(2)In section 509AB of EA 1996 (further provision about transport policy statements)—

(a)in subsection (5), for the words from “by the Secretary” to the end substitute “under this section—

(a)by the Learning and Skills Council for England (in the case of an authority in England), or

(b)by the National Assembly for Wales (in the case of an authority in Wales).”,

(b)in subsection (6)(d), for the words from “by the Secretary” to the end substitute “for the purposes of this section by the Learning and Skills Council for England (in the case of an authority in England) or the National Assembly for Wales (in the case of an authority in Wales).”, and

(c)after subsection (7) insert—

“(8)Any guidance issued by the Learning and Skills Council for England under this section must be published in such manner as the Council thinks fit.”

(3)In section 509AC of EA 1996 (interpretation of sections 509AA and 509AB)—

(a)in subsection (6), after “subsection (5)” insert “in relation to its application in the case of local education authorities in England”, and

(b)after subsection (6) insert—

“(7)The National Assembly for Wales may by order amend the definition of “academic year” in subsection (5) in relation to its application in the case of local education authorities in Wales.”

(4)In section 18 of the Learning and Skills Act 2000 (c. 21) (supplementary functions of Learning and Skills Council for England), after subsection (5) insert—

“(6)The Secretary of State may by order confer or impose on the Council such powers or duties falling within subsection (7) as he thinks fit.

(7)A power or duty falls within this subsection if it is exercisable in connection with—

(a)the Secretary of State’s function under section 509AA(9) of the Education Act 1996 (power to direct LEA to make arrangements additional to those specified in transport policy statement), or

(b)any function of the Secretary of State under any of sections 496 to 497B of the Education Act 1996 as regards anything done, proposed to be done or omitted to be done by a local education authority in England under section 509AA or 509AB of that Act.”

84LEAs in England: duty to have regard to religion or belief in exercise of travel functions

After section 509AC of EA 1996 insert—

“509ADLEAs in England: duty to have regard to religion or belief in exercise of travel functions

(1)A local education authority in England must have regard, amongst other things, in exercising any of their travel functions in relation to or in connection with the travel of a person or persons to or from a school, institution or other place, to any wish of a parent of such a person for him to be provided with education or training at a particular school, institution or other place where that wish is based on the parent’s religion or belief.

(2)The “travel functions” of a local education authority in England are their functions under any of the following provisions—

• section 508A (duty to promote sustainable modes of travel etc);

• section 508B (travel arrangements for eligible children);

• section 508C (travel arrangements etc for other children);

• section 508E and Schedule 35C (school travel schemes);

• section 508F (transport etc for certain adult learners);

• section 509AA (transport etc for persons of sixth form age).

(3)For the purposes of this section—

(a)“religion” means any religion,

(b)“belief” means any religious or philosophical belief,

(c)a reference to religion includes a reference to lack of religion, and

(d)a reference to belief includes a reference to lack of belief.”

85Further amendments relating to travel to schools etc

Schedule 10 contains further amendments relating to travel to schools and other places where education or training is received.

Food and drink provided on school premises etc

86Provision of food and drink on school premises etc

(1)For section 114 of SSFA 1998 (nutritional standards for school lunches) and the cross-heading preceding it substitute—

“Food and drink provided on school premises etc

114ARequirements for food and drink provided on school premises etc

(1)Regulations may prescribe requirements which, subject to such exceptions as may be provided for by or under the regulations, are to be complied with in connection with—

(a)food or drink provided on the premises of any school maintained by a local education authority, or

(b)food or drink provided at a place other than school premises by a local education authority or the governing body of a school maintained by such an authority to any registered pupil at the school.

(2)Regulations under this section may in particular—

(a)specify nutritional standards, or other nutritional requirements, which are to be complied with;

(b)require that drinking water is to be available, free of charge, on the premises of any school maintained by a local education authority;

(c)require that specified descriptions of food or drink are not to be provided.

(3)Requirements prescribed by virtue of subsection (1)(a) do not apply to food or drink brought on to the premises of a school maintained by a local education authority where the food or drink is brought on to those premises by any person for his own consumption.

(4)Where a local education authority or the governing body of a school maintained by such an authority provide food or drink—

(a)to anyone on the premises of the school, or

(b)to any registered pupil at the school at a place other than school premises,

that authority or, as the case may be, that governing body must secure that any applicable provisions of the regulations are complied with.

(5)Subsection (4) applies whether the food or drink is provided in pursuance of any statutory requirement or otherwise.

(6)Where—

(a)food or drink is provided on the premises of a school maintained by a local education authority,

(b)the provision is by a person (“X”) other than the authority or the governing body of the school, and

(c)X uses or occupies the whole or a part of the premises in circumstances related to a use or occupation agreement made (whether by X or any other person) with the authority or the governing body,

that authority or, as the case may be, that governing body must secure that any applicable provisions of the regulations are complied with.

(7)A “use or occupation agreement”, in relation to the premises of a school, is an agreement or other arrangement relating to the use or occupation of the whole or any part of the premises.

(8)Without prejudice to the generality of section 138(7), regulations under this section may prescribe—

(a)different requirements in relation to different classes or descriptions of school as specified in the regulations;

(b)different requirements in connection with food or drink provided by or to different classes or descriptions of person as specified in the regulations;

(c)requirements which apply during different periods of the day as specified in the regulations.

(9)A “place other than school premises” means a place other than the premises of any school maintained by a local education authority.

(10)References in this section to food or drink provided by a local education authority or the governing body of a school include references to food or drink provided in pursuance of an agreement or other arrangement made by such an authority or body for the provision of food or drink.”

(2)In section 512(4) of EA 1996 (LEA functions concerning provision of meals), for “section 114(2) of the School Standards and Framework Act 1998 (lunches provided by LEAs to meet nutritional standards)” substitute “section 114A(4) of the School Standards and Framework Act 1998 (requirements for food and drink provided on school premises etc)”.

(3)Any regulations made under section 114 of SSFA 1998 which have effect immediately before the commencement of this section have effect after that commencement as if made under section 114A of that Act (as substituted by subsection (1)).

87Power to charge for provision of meals etc

(1)In section 512ZA of EA 1996 (duty of LEA to charge for meals etc)—

(a)in subsection (1), for “shall” substitute “may”,

(b)in subsection (2), for “A local education authority shall” substitute “Where a local education authority exercise the power to charge under subsection (1), they must”, and

(c)in the heading, for “Duty” substitute “Power”.

(2)In section 533 of EA 1996 (duties of governing bodies with respect to provision of school meals etc)—

(a)in subsection (3), for the words from “shall” to the end substitute “may charge for anything so provided.”,

(b)after that subsection, insert—

“(4)Where the governing body of a school exercise the power to charge under subsection (3), they must charge every person the same price for the same quantity of the same item.”, and

(c)in the heading, for “Duties” substitute “Functions”.