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.