Learner Travel (Wales) Measure 2008

Legislation Crest

W

Learner Travel (Wales) Measure 2008

2008 nawm 2

A Measure of the National Assembly for Wales to make provision about the travel of persons receiving primary, secondary or further education or training to and from schools or other places where they receive it; and for connected purposes.

This Measure, passed by the National Assembly for Wales on 30 September 2008 and approved by Her Majesty in Council on 10 December 2008, enacts the following provisions:–

Main termsW

1Main terms used in this MeasureW

Commencement Information

I1S. 1(1)(2)(3)(4)(a)-(i) in force at 6.3.2009 by S.I. 2009/371, Sch. Pt. 1

Learner travel arrangementsW

2Duty to assess learner travel needsW

Commencement Information

I2S. 2 in force at 6.3.2009 by S.I. 2009/371, Sch. Pt. 1

3Local authority duty to make transport arrangementsW

Commencement Information

I3S. 3 in force at 1.9.2009 by S.I. 2009/371, Sch. Pt. 2

4Local authority duty to make other travel arrangementsW

Commencement Information

I4S. 4 in force at 1.9.2009 by S.I. 2009/371, Sch. Pt. 2

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6Power of local authorities to make learner travel arrangementsW

Commencement Information

I5S. 6 in force at 6.3.2009 by S.I. 2009/371, Sch. Pt. 1

7Travel arrangements for learners in post-16 education or trainingW

Commencement Information

I6S. 7 in force at 1.9.2009 by S.I. 2009/371, Sch. Pt. 2

8Travel arrangements to and from nursery educationW

Commencement Information

I7S. 8 in force at 1.9.2009 by S.I. 2009/371, Sch. Pt. 2

9Learner travel arrangements not to favour certain types of education or trainingW

Commencement Information

I8S. 9 in force at 1.9.2009 by S.I. 2009/371, Sch. Pt. 2

Promoting access to Welsh medium educationW

10Promoting access to education and training through the medium of the Welsh languageW

Each local authority and the Welsh Ministers must promote access to education and training through the medium of the Welsh language when exercising functions under this Measure.

Commencement Information

I9S. 10 in force at 6.3.2009 by S.I. 2009/371, Sch. Pt. 1

Sustainable modes of travelW

11Sustainable modes of travelW

(1)Each local authority and the Welsh Ministers must promote the use of sustainable modes of travel when exercising functions under this Measure.

(2)“Sustainable modes of travel” are modes of travel which the authority or the Welsh Ministers (as the case may be) consider may improve either or both of the following—

(a)the physical well-being of those who use them;

(b)the environmental well-being of—

(i)the whole or part of the local authority's area, in the case of an authority, or

(ii)the whole or part of Wales, in the case of the Welsh Ministers.

Commencement Information

I10S. 11 in force at 6.3.2009 by S.I. 2009/371, Sch. Pt. 1

Travel behaviour codeW

12Travel behaviour codeW

Commencement Information

I11S. 12 in force at 30.10.2009 by S.I. 2009/371, art. 2(1)(b)

I12S. 12 in force at 30.10.2009 by S.I. 2009/2819, art. 2(1)(b)

13Enforcement of travel behaviour code: pupils at relevant schoolsW

Commencement Information

I13S. 13 in force at 4.1.2010 by S.I. 2009/2819, art. 2(2)(a)

I14S. 13 in force at 4.1.2010 by S.I. 2009/371, art. 2(2)(a)

14Enforcement of travel behaviour code: withdrawal of travel arrangementsW

Commencement Information

I15S. 14 in force at 4.1.2010 by S.I. 2009/2819, art. 2(2)(b)

I16S. 14 in force at 4.1.2010 by S.I. 2009/371, art. 2(2)(b)

SupplementaryW

15Guidance and directionsW

Commencement Information

I17S. 15 in force at 6.3.2009 by S.I. 2009/371, Sch. Pt. 1

16Information about travel arrangementsW

Commencement Information

I18S. 16 in force at 6.3.2009 by S.I. 2009/371, Sch. Pt. 1

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18Payment of travel costs by a local authority which looks after a childW

Commencement Information

I19S. 18 in force at 1.9.2009 by S.I. 2009/371, Sch. Pt. 2

19Determination of ordinary residence in particular circumstancesW

Commencement Information

I20S. 19 in force at 6.3.2009 by S.I. 2009/371, Sch. Pt. 1

20Amendments to section 444 of the Education Act 1996W

Commencement Information

I21S. 20 in force at 1.9.2009 by S.I. 2009/371, Sch. Pt. 2

21Amendments to the Education Act 2002W

Commencement Information

I22S. 21 in force at 6.3.2009 by S.I. 2009/371, Sch. Pt. 1

22Amendments to sections 455 and 456 of the Education Act 1996W

Commencement Information

I23S. 22 in force at 1.9.2009 by S.I. 2009/371, Sch. Pt. 2

23Amendments to the Education and Inspections Act 2006W

Commencement Information

I24S. 23 in force at 6.3.2009 by S.I. 2009/371, Sch. Pt. 1

GeneralW

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27Orders and regulationsW

(1)Any power of the Welsh Ministers to make an order or regulations under this Measure is exercisable by statutory instrument.

(2)Any power of the Welsh Ministers to make an order or regulations under this Measure includes power—

(a)to make different provision for different cases or areas;

(b)to make provision generally or in relation to specific cases;

(c)to make such incidental, supplementary, transitional or saving provision as the Welsh Ministers think fit.

(3)The power of the Welsh Ministers to make regulations under section 3(9), 7 or 8 also includes power to make such consequential provision as the Welsh Ministers think fit.

(4)The incidental, supplementary, transitional, saving or consequential provision to be made in regulations may include such provision that amends or repeals any provision of—

(a)this Measure or any other Measure of the National Assembly for Wales passed before or in the same Assembly year as this Measure;

(b)an Act passed before the passing of this Measure;

(c)subordinate legislation made before the passing of this Measure.

(5)Any statutory instrument containing regulations made under this Measure is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(6)Subsection (5) does not apply to regulations to which subsection (7) applies.

(7)A statutory instrument which contains (alone or with other provisions)—

(a)regulations under section 3(9),

(b)regulations under section 7,

(c)regulations under section 8,

(d)regulations under section 14(14)(a), or

(e)regulations under subsection (4) which amend or repeal any provision of an Act or Assembly Measure,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

28CommencementW

(1)The following provisions come into force at the end of a period of two months beginning on the day on which this Measure is approved by Her Majesty in Council—

  • this section;

  • section 27;

  • section 29.

(2)The remaining provisions of this Measure come into force in accordance with provision made by the Welsh Ministers by order.

29Short title and inclusion of Measure within the Education ActsW

(1)This Measure may be cited as the Learner Travel (Wales) Measure 2008.

(2)This Measure is to be included in the list of Education Acts set out in section 578 of the Education Act 1996.

(introduced by section 25)

SCHEDULE 1WMINOR AND CONSEQUENTIAL AMENDMENTS

Public Passenger Vehicles Act 1981 (c. 14)W

1WIn section 46 of the Public Passenger Vehicles Act 1981 (fare-paying passengers on school buses), in subsection (3), in the definition of “free school transport”—

(a)in paragraph (a) omit “section 509(1) or (1A)”;

(b)omit “or” at the end of paragraph (aa);

(c)after paragraph (aa) insert —

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

Commencement Information

I26Sch. 1 para. 1 in force at 1.9.2009 by S.I. 2009/371, Sch. Pt. 2

Transport Act 1985 (c. 67)W

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .W

Further and Higher Education Act 1992 (c. 13)W

3(1)Section 57 of the Further and Higher Education Act 1992 is amended as follows.W

(2)In subsection (2)(b) after “any Act” insert “ or any Measure of the National Assembly for Wales ”.

(3)In subsection (2)(c) after “any Act” insert “ or any Measure of the National Assembly for Wales ”.

Commencement Information

I27Sch. 1 para. 3 in force at 1.9.2009 by S.I. 2009/371, Sch. Pt. 2

Education Act 1996 (c. 56)W

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .W

Childcare Act 2006 (c. 21)W

5WIn section 110(5)(a) of the Childcare Act 2006, for “20 to 24” substitute “ 20 to 22, 24 ”.

Commencement Information

I28Sch. 1 para. 5 in force at 1.9.2009 by S.I. 2009/371, Sch. Pt. 2

(introduced by section 26)

SCHEDULE 2WREPEALS

Short title and chapter Extent of repeal
Public Passenger Vehicles Act 1981 (c. 14) In section 46(3)(a) the words “section 509(1) or (1A)”.
Transport Act 1985 (c. 67) In section 6(1B) the words “section 509(1) or (1A)” in paragraph (a) and the word “or” in paragraph (b).
Education Act 1996 (c. 56)
School Standards and Framework Act 1998 (c. 31) Schedule 30, paragraph 133.
Learning and Skills Act 2000 (c. 21) Schedule 9, paragraph 59.
Education Act 2002 (c. 32)
Education and Inspections Act 2006 (c. 40)