The Learner Travel (Wales) Measure 2008 (Commencement No. 1) Order 2009

Explanatory Note

(This note is not part of the Order)

This is the first commencement order made by the Welsh Ministers under the Learner Travel (Wales) Measure 2008. It brings into force on 6 March 2009 and 1 September 2009 those provisions of the Measure specified in Parts 1 and 2 respectively of the Schedule to the Order.

The effect of the provisions of the Measure brought into force on 6 March 2009 is as follows:

• Section 1 defines the main terms used in the Measure. This section is brought into force except for paragraph (j) of subsection (1).

• Section 2 places a duty on a local authority to assess the travel needs of learners in their area.

• Section 5 is brought into force in relation to section 2 and limits the duties imposed on local authorities by that section so that they do not extend to travel during the day or to travel for purposes other than for attendance at a relevant place for education and training.

• Section 6 gives a local authority the power to make arrangements for the travel of learners to and from a place where they receive education or training.

• Section 10 places a duty on local authorities and Welsh Ministers, when exercising their functions under the Measure, to promote access to education and training through the medium of the Welsh language.

• Section 11 places a duty on a local authority and Welsh Ministers to promote sustainable modes of travel when exercising their functions under the Measure.

• Section 15 requires local authorities and governing bodies of maintained schools and further education institutions to have regard to guidance and to comply with any direction given by the Welsh Ministers.

• Section 16 allows the Welsh Ministers to make regulations requiring a local authority to publish information about travel arrangements.

• Section 17(1) and (2) requires governing bodies and local authorities to co-operate.

• Section 19 makes provision for determining a person’s ordinary residence in particular circumstances.

• Section 21 amends section 32 of the Education Act 2002 to enable local authorities to determine the times of school sessions in certain circumstances.

• Section 23 amends the Education and Inspections Act 2006 to enable Welsh Ministers to amend references in Measures to local education authority.

• Section 24 contains general definitions.

• Section 25 and Schedule 1 make minor and consequential amendments.

• Section 26 and Schedule 2 repeals various provisions of Acts of Parliament.

The effect of the provisions of the Measure brought into force on 1 September 2009 is as follows:

• Section 3 places a duty on a local authority to make transport arrangements for children of compulsory school age in the circumstances set out in the table in that section.

• Section 4 places a duty on a local authority to make travel arrangements for children of compulsory school age if they consider it necessary.

• Section 5 is brought fully into force so that the duties imposed on local authorities by sections 3 and 4 (as well as 2) do not extend to travel during the day or to travel for purposes other than for attendance at a relevant place for education and training.

• Section 7 enables Welsh Ministers to make regulations about travel arrangements for post-16 learners.

• Section 8 enables Welsh Ministers to make regulations about travel arrangements for nursery age children.

• Section 9 prohibits the travel arrangements made under section 3, 4 and 6 from discriminating between various categories of learners.

• Section 17(3) requires local authorities to assist head teachers in relation to pupil behaviour.

• Section 18 enables a local authority that makes the travel arrangements for a looked after child to demand reimbursement of costs from another authority that looks after the child.

• Section 20 amends section 444 of the Education Act 1996 (the offence on the part of a parent of failing to secure the regular attendance at school of a registered pupil).

• Section 22 amends sections 455 and 456 of the Education Act 1996 (charging and the regulation of permitted charges).

• Section 25 and Schedule 1 make minor and consequential amendments.

• Section 26 and Schedule 2 repeal various provisions of Acts of Parliament.