OpenLegislation

Section 509AB Local authorities in England: further provision about transport policy statements for persons of sixth form ageF1F22F23

England and Wales

(1)

A statement prepared under section 509AA shall state to what extent arrangements specified in accordance with subsection (2) of that section include arrangements for facilitating the attendance at establishments such as are mentioned in that subsection of disabled persons and persons with learning difficulties F2or disabilities.

(2)

A statement prepared under that section shall—

(a)

specify arrangements for persons receiving full-time education or training at establishments other than schools maintained by the F3local authority which are no less favourable than the arrangements specified for pupils of the same age attending such schools, and

(b)

specify arrangements for persons with learning difficulties F4or disabilities receiving education or training at establishments other than schools maintained by the authority which are no less favourable than the arrangements specified for pupils of the same age with learning difficulties or disabilities attending such schools.

(3)

In considering what arrangements it is necessary to make for the purposes mentioned in subsections (2) and (3) of section 509AA the local authority shall have regard (amongst other things) to—

(a)

the needs of those for whom it would not be reasonably practicable to attend a particular establishment to receive education or training if no arrangements were made,

(b)

the need to secure that persons in their area have reasonable opportunities to choose between different establishments at which education or training is provided,

(F5ba)

what they are required to do under section 15ZA(1) in relation to persons of sixth form age,

(c)

the F6distances, and journey times, between the homes of persons of sixth form age in their area F7and establishments such as are mentioned in section 509AA(2) at which education or training suitable to their needs is provided, and

(d)

the cost of transport to the establishments in question and of any alternative means of facilitating the attendance of persons receiving education or training there.

(F83A)

In considering whether or not it is necessary to make arrangements for those purposes in relation to a particular person, a local 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.

F9(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

In preparing a statement under section 509AA a local authority shall have regard to any guidance issued F10under this section by the F11Secretary of State.

(6)

In preparing a statement under that section a local authority shall consult—

(a)

any other local authority that they consider it appropriate to consult,

(b)

the governing bodies mentioned in subsection (4) of that section,

F12(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(F13ca)

persons in the local authority's area who will be of sixth form age when the statement has effect, and their parents,

(d)

any other person specified F14for the purposes of this section by the F15Secretary of State F16...

(7)

In preparing a statement under that section a local authority shall also consult—

(a)

where they are F17a district council for an area in a metropolitan county, the F18Integrated Transport Authority for that county, and

(b)

where they are F19a London borough council or the Common Council of the City of London, Transport for London.

F20(7A)

In preparing and publishing a statement under section 509AA, a local 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 persons who will be of sixth form age when the statement has effect and their parents to take reasonable account of those matters when choosing between different establishments at which education or training is provided.

F21(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

S. 509AB inserted (20.1.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 19 para. 4 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/1718, art. 5, Sch. Pt. II

F2

Words in s. 509AB(1) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 48(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F3

Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

F4

Words in s. 509AB(2)(b) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 48(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F5

S. 509AB(3)(ba) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 53, 269(4); S.I. 2010/303, art. 3, Sch. 2

F6

Words in s. 509AB(3)(c) substituted (7.3.2009) by Education and Skills Act 2008 (c. 25), ss. 83(a), 173(4); S.I. 2009/387, art. 3(1) (with art. 3(2))

F7

Words in s. 509AB(3)(c) substituted (7.3.2009) by Education and Skills Act 2008 (c. 25), ss. 83(b), 173(4); S.I. 2009/387, art. 3(1) (with art. 3(2))

F8

S. 509AB(3A) inserted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 10 para. 5(a); S.I. 2007/935, art. 5(ee)

F9

S. 509AB(4) repealed (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(3)(a), Sch. 2; S.I. 2009/371, art. 2(1), Sch. Pt. 1

F10

Words in s. 509AB(5) substituted (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(3)(b); S.I. 2009/371, art. 2(1), Sch. Pt. 1

F11

Words in s. 509AB(5) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 30(a) (with art. 2(3))

F12

S. 509AB(6)(c) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 30(b), Sch. 2 Pt. 1 (with art. 2(3))

F13

S. 509AB(6)(ca) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 54, 269(4); S.I. 2010/303, art. 3, Sch. 2 (with art. 8)

F14

Words in s. 509AB(6)(d) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 83(2)(b), 188(3); S.I. 2007/935, art. 5(o) (with art. 8(7))

F15

Words in s. 509AB(6)(d) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 30(c) (with art. 2(3))

F16

Words in s. 509AB(6)(d) repealed (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(3)(c)(ii), Sch. 2; S.I. 2009/371, art. 2(1), Sch. Pt. 1

F17

Words in s. 509AB(7)(a) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(11)(a)

F18

Words in s. 509AB(7)(a) substituted (9.2.2009) by Local Transport Act 2008 (c. 26), Sch. 4 paragraph 60(2).

F19

Words in s. 509AB(7)(b) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(11)(b)

F20

S. 509AB(7A) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 55(1), 269(4); S.I. 2009/3317, art. 2, Sch. (with art. 3)

F21

S. 509AB(8) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 30(d), Sch. 2 Pt. 1 (with art. 2(3))

F22

Words in s. 509AB title substituted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 10(2); S.I. 2009/3317, art. 2, Sch.

F23

Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(3) (with Sch. 2 para. 7(4)(5))