Section 78 Local authorities in England: school travel schemesF1I1

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

“ Local authorities in England: school travel schemes

508E

(1)

Schedule 35C has effect in relation to school travel schemes.

(2)

Where a school travel scheme is in force under Schedule 35C, the F2local 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).”

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