(1)Subject to subsection (2) below, a [F1local authority] may—
(a)use a school bus, when it is being used to provide free school transport, to carry as fare-paying passengers persons other than those for whom the free school transport is provided;
(b)use a school bus belonging to the authority, when it is not being used to provide free school transport, to provide a local . . . F2 service;
and sections 6, 8, 9, [F3and 12(1)] of this Act shall not apply to a school bus belonging to a [F1local authority] in the course of its use by the authority in accordance with this subsection.
(2)Subsection (1) above does not affect the duties of a [F1local authority] in relation to the provision of free school transport or authorise a [F1local 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.
(3)In this section—
[F4“free school transport” means transport provided by a [F1local authority] free of charge—
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,
[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]
[F9in pursuance of arrangements under sections 3 or 4 of the Learner Travel (Wales) Measure 2008, or]
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 [F1local authority] , means a motor vehicle which is used by that authority to provide free school transport.
(4)In the application of this section to Scotland—
(a)for the references to a [F1local authority] there shall be substituted references to an education authority;
(b)in subsection (2) above for “maintained by” there shall be substituted “under the management of”; and
(c)in subsection (3) above for the definition of “free school transport” there shall be substituted—
““free school transport” means transport between a pupil’s home and place of education provided in pursuance of arrangements under subsection (1)(a) of section 51 of the Education (Scotland) Act 1980 (pupils for whom such transport facilities are necessary) or in pursuance of subsection (2) of that section (other pupils allowed to use vacant seats free of charge)”.
Textual Amendments
F1Words in s. 46 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. 32(2)
F2Word repealed by Transport Act 1985 (c. 67, SIF 126), ss. 1(3), 139(3), Sch. 1 para. 6(a), Sch. 8
F3Words substituted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 3
F4Words in s. 46(3) substituted (20.1.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 4 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/1718, art. 5, Sch. Pt. II
F5Words in s. 46(3) inserted (1.9.2007 for specified purposes) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 10 para. 1(a); S.I. 2007/1801, art. 4(l)
F6Words in s. 46(3) repealed (E.W.) (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 1(a), Sch. 2; S.I. 2009/371, art. 2(2), Sch. Pt. 2
F7Words in s. 46(3) inserted (1.9.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 10 para. 1(b); S.I. 2007/1801, art. 4(l)
F8Word in s. 46(3) repealed (E.W.) (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 1(b); S.I. 2009/371, art. 2(2), Sch. Pt. 2
F9Words in s. 46(3) inserted (E.W.) (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 1(c); S.I. 2009/371, art. 2(2), Sch. Pt. 2
F10Words in s. 46(3) inserted (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. 32(3)
F11Definition repealed by Transport Act 1985 (c. 67, SIF 126), s. 1(3), Sch. 1 para. 6(b), Sch. 8