Education Act 1996, section 509AA

Local authorities in England: provision of transport etc. for persons of sixth form age

Part IX Ancillary functions

(1)A [F6 dfnlocal authorityF6] [F1104 in EnglandF1104] shall prepare for each academic year a transport policy statement complying with the requirements of this section.

(2)The statement shall specify the arrangements for the provision of transport or otherwise that the authority consider it necessary to make for facilitating the attendance of persons of sixth form age receiving education or training—

(a)at schools,

(b)at any institution maintained or assisted by the authority which provides further education or higher education (or both),

(c)at any institution within the further education sector, F1105...

[F1106 (ca)at any 16 to 19 Academy, orF1106]

(d)at any establishment (not falling within paragraph (b)[F1107 , (c) or (ca)F1107] ) [F1108 at which the authority secures the provision of education or training under section 15ZA(1)F1108] F1109 ... .

(3)The statement shall specify the arrangements that the authority consider it necessary to make for the provision of financial assistance in respect of the reasonable travelling expenses of persons of sixth form age receiving education or training at any establishment such as is mentioned in subsection (2).

(4)The statement shall specify the arrangements proposed to be made by the governing bodies of—

(a)schools maintained by the authority at which education suitable to the requirements of persons over compulsory school age is provided, and

(b)institutions within the further education sector in the authority’s area,

for the provision of transport for facilitating the attendance of persons of sixth form age receiving education or training at the schools and institutions and for the provision of financial assistance in respect of the travelling expenses of such persons.

(5)Those governing bodies shall co-operate in giving the [F6 local authorityF6] any information and other assistance that is reasonably required by the authority for the performance of their functions under this section and section 509AB.

(6)The statement shall specify any travel concessions (within the meaning of Part 5 of the Transport Act 1985 (c. 67)) which are to be provided under any scheme established under section 93 of that Act to persons of sixth form age receiving education at any establishment such as is mentioned in subsection (2) above in the authority’s area.

(7)The authority shall—

(a)publish the statement, in a manner which they consider appropriate, on or before 31st May in the year in which the academic year in question begins, and

(b)make, and secure that effect is given to, any arrangements specified under subsections (2) and (3).

(8)Nothing in this section prevents a [F6 local authorityF6] from making, at any time in an academic year, arrangements—

(a)which are not specified in the transport policy statement published by the authority for that year, but

(b)which they have come to consider necessary for the purposes mentioned in subsections (2) and (3).

(9)The [F1110 Secretary of State may, if heF1110] considers it expedient to do so, direct a [F6 local authorityF6] to make for any academic year—

(a)arrangements for the provision of transport or otherwise for facilitating the attendance of persons of sixth form age receiving education or training at establishments such as are mentioned in subsection (2), or

(b)arrangements for providing financial assistance in respect of the reasonable travelling expenses of such persons,

which have not been specified in the transport policy statement published by the authority for that academic year.

F1111(9A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)The Secretary of State F1112... may by order amend subsection (7)(a) [F1113 to change the time by which the statement must be publishedF1113] .F1102]

[F1114 (11)Subsection (9) is subject to section 509AE (complaints about transport arrangements etc for persons of sixth form age in England).F1114]

Definitions used in section 509AA 11

local authority

“local authority” means—

(a)

a local authority in England;

(b)

a local authority in Wales;

Defined in s.579(1) · see it in the full Act
academic year

“academic year” means any period commencing with 1st August and ending with the next 31st July;

Defined in s.509AC(5) · see it in the full Act
school

(1) In this Act (subject to subsections (1A) to (1C) ) “school” means an educational institution which is outside the further education sector and the wider higher education sector and is an institution for providing—

(a)primary education,

(b)secondary education, or

(c)both primary and secondary education,

Defined in s.4(1) · see it in the full Act
assisted

(6) Subject to subsection (7), an institution other than a school shall be regarded for the purposes of this Act as “assisted” by a local authority if the authority make to the persons responsible for its maintenance any grant in respect of the institution or any payment in consideration of the provision of educational facilities there.

Defined in s.579(6) · see it in the full Act

(5) For the purposes of this Act a school shall be regarded as “assisted” by a local authority who do not maintain it if the authority make to its proprietor any grant in respect of the school or any payment in consideration of the provision of educational facilities there.

Defined in s.579(5) · see it in the full Act
further education

(3) Subject to subsection (5), in this Act “further education” means—

(a)full-time and part-time education suitable to the requirements of persons who are over compulsory school age (including vocational, social, physical and recreational training) , and

(b)organised leisure-time occupation provided in connection with the provision of such education,

Defined in s.2(3) · see it in the full Act
higher education

“higher education” means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 ;

Defined in s.579(1) · see it in the full Act
Academy

“Academy” means an educational institution to which Academy arrangements relate;

Defined in s.579(1) · see it in the full Act
establishment

“establishment” means an establishment of any kind, including a school or institution;

Defined in s.509AC(5) · see it in the full Act
governing body

“governing body”, in relation to an institution within the further education sector, has the same meaning as in the Further and Higher Education Act 1992 .

Defined in s.509AC(5) · see it in the full Act
functions

“functions” includes powers and duties;

Defined in s.579(1) · see it in the full Act
the scheme

(2) In this Part of this Schedule “the scheme” means the scheme referred to in section 122(1).

Defined in Sch.11 para.1(2) · see it in the full Act

Cases considering section 509AA 4

Drexler, R (On the Application Of) v Leicestershire County Council

[2020] EWCA Civ 502 · 7 April 2020Interprets

For each academic year, a local authority must prepare a transport policy statement for persons of sixth-form age. The court contrasted that requirement with the mandatory duty under section 508B. (see paras [22]-[24]; [92]) The statement must specify transport or other arrangements which the authority considers necessary to facilitate attendance. The provision does not itself require the authority to provide transport. (see paras [22]-[24]; [92])

A v North Somerset Council

[2009] EWHC 3060 (Admin) · 5 November 2009Interprets

The judgment treats the provision as part of the discretionary statutory scheme requiring local authorities to publish and implement transport arrangements for learners of sixth-form age. It forms the statutory context for the panel’s decision (see paras [5]; [31]). The provision is quoted as requiring an annual transport policy statement. The judgment uses it as part of the statutory framework governing the Council’s published transport arrangements (see para [5]). The provision is used to identify the educational establishments for which transport arrangements may be made, including schools and further-education institutions (see para [5]). The provision is quoted as requiring publication and implementation of the transport arrangements. It supplies statutory context but is not independently determinative of the challenge (see para [5]).

HUR, R (on the application of) v Royal Borough of Greenwich

[2026] EWHC 1978 (Admin) · 30 July 2026Disapplies

The court recorded that the claimant initially relied on section 509AA, but accepted section 508F as the applicable provision because of his age. Section 509AA therefore did not govern the application (see para [24]).

What each judgment says about section 509AA is in the case-law panel in the full Act.

Amendments and notes

15 notes from legislation.gov.uk

Amendments

  1. F1102S. 509AA inserted (20.1.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 19 para. 3 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/1718, art. 5, Sch. Pt. II
  2. F1103Words in s. 509AA title substituted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 10(1); S.I. 2009/3317, art. 2, Sch.
  3. F1Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(3) (with Sch. 2 para. 7(4)(5))
  4. F6Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
  5. F1104Words in s. 509AA(1) inserted (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(2)(a); S.I. 2009/371, art. 2(1), Sch. Pt. 1
  6. F1105Word in s. 509AA(2)(c) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(13)(a); S.I. 2012/924, art. 2
  7. F1106S. 509AA(2)(ca) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(13)(a); S.I. 2012/924, art. 2
  8. F1107Words in s. 509AA(2)(d) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(13)(b); S.I. 2012/924, art. 2
  9. F1108Words in s. 509AA(2)(d) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 29 (with art. 2(3))
  10. F1109Words in s. 509AA(2)(d) repealed (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(2)(b), Sch. 2; S.I. 2009/371, art. 2(1), Sch. Pt. 1
  11. F1110Words in s. 509AA(9) substituted (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(2)(c); S.I. 2009/371, art. 2(1), Sch. Pt. 1
  12. F1111S. 509AA(9A) repealed (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(2)(d), Sch. 2; S.I. 2009/371, art. 2(1), Sch. Pt. 1
  13. F1112Words in s. 509AA(10) repealed (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(2)(e), Sch. 2; S.I. 2009/371, art. 2(1), Sch. Pt. 1
  14. F1113Words in s. 509AA(10) substituted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 55(2), 269(4); S.I. 2009/3317, art. 2, Sch. (with art. 3)
  15. F1114S. 509AA(11) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 56(3), 269(4); S.I. 2009/3317, art. 2, Sch. (with art. 3)