Section 46 Fare-paying passengers on school buses.

Subject to subsection (2) below, a F1local authority may—

and sections 6, 8, 9, F3and 12(1) of this Act shall not apply to a school bus belonging to a local authority in the course of its use by the authority in accordance with this subsection.

Subsection (1) above does not affect the duties of a local authority in relation to the provision of free school transport or authorise a local authority to make any charge for the carriage of a pupil on a journey which he is required to make in the course of his education at a school maintained by such an authority.

In this section—

• F4“free school transport” means transport provided by a local authority free of charge—

  1. (a)

     in pursuance of arrangements under F5section 508B(1), section 508C(1), section 508F(1), F6section 509(1) or (1A) or section 509AA(7)(b) or (9)(a) of the Education Act 1996,

  2. (aa)

     F7in pursuance of arrangements made by the authority in pursuance of a scheme made by them under Schedule 35C to that Act (school travel schemes), F8or

  3. (ab)

     F9in pursuance of arrangements under sections 3 or 4 of the Learner Travel (Wales) Measure 2008, or

  4. (b)

     otherwise, in the exercise of any function of the authority,

  for the purpose of facilitating the attendance of persons receiving education or training at any premises;

• F10“local authority” has the meaning given by section 579(1) of the Education Act 1996; 

• F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “school bus”, in relation to a local authority , means a motor vehicle which is used by that authority to provide free school transport.

In the application of this section to Scotland—