The School Travel (Pupils with Dual Registration) (England) (Amendment) Regulations 2025
These regulations amend the 2007 School Travel (Pupils with Dual Registration) (England) Regulations to update the definition of 'child who has no fixed abode'.
The amendment replaces the previous definition, which referenced a now-revoked regulation, with a gender-neutral version mirroring the original wording.
The regulations came into force on June 30th, 2025, and apply to England and Wales.
Arguments For
Addresses Legislative Gaps: The amendment resolves inconsistencies created by the revocation of the 2006 Regulations, maintaining a clear definition of "child with no fixed abode" for transportation arrangements.
Ensures Clarity in Legal Framework: By directly incorporating the relevant definition within the 2007 Regulations, the amendment enhances legal clarity and administrative ease for local authorities tasked with providing transport.
Supports Consistent Service Delivery: A clear and updated definition ensures consistency in the application of regulations across England, preventing inequities and maintaining fair access to transportation for affected pupils.
Arguments Against
Minimal Impact Assessed: The lack of a full impact assessment might raise concerns about unforeseen consequences or overlooked impacts on relevant stakeholders.
Potential for Administrative Burden: While aiming for simplification, the amendment could still create a minor administrative burden in the short term for local authorities during the transition period of updating their internal procedures.
Alternative Approaches Unconsidered: While the amendment directly addresses the revocation of the 2006 regulations, it leaves unexplored whether alternative solutions might be more effective or efficient.
- Citation, commencement and extent (a) may be cited as the School Travel (Pupils with Dual Registration) (England) (Amendment) Regulations 2025, (b) come into force on 30th June 2025, and (c) extend to England and Wales.
This section details the regulations' official title, effective date (June 30th, 2025), and geographical scope (England and Wales).
It establishes the legal identity and applicability of the amendments.
- Amendment of the School Travel (Pupils with Dual Registration) (England) Regulations 2007 For sub-paragraph (c) of regulation 2(4) of the School Travel (Pupils with Dual Registration) (England) Regulations 2007 (modification of the application of the Education Act 1996) substitute— “(c) a child has no fixed abode if they have no fixed abode for the reason that their parent is engaged in a trade or business of such nature as to require the child to travel from place to place.”
This section modifies regulation 2(4)(c) of the 2007 regulations.
It replaces the existing definition of a "child who has no fixed abode" with a new definition focusing on parents' work requiring travel.
This ensures the legal definition aligns with the changes from the revocation of the 2006 regulations.
Explanatory Note (This note is not part of the Regulations) These Regulations amend the School Travel (Pupils with Dual Registration) (England) Regulations 2007 (S.I. 2007/1367) (the “2007 Regulations”). The 2007 Regulations modify section 508B(1) and (2) of, and paragraph 3(1) and (2) of Schedule 35C to, the Education Act 1996 in relation to the duties placed on local authorities in England to arrange free home to school travel for children who are registered at more than one school. Regulation 2 of these Regulations amends regulation 2(4)(c) of the 2007 Regulations by substituting the definition of a “child who has no fixed abode” for the purposes of regulation 2(2) and (3) of the 2007 Regulations. Prior to the amendment made by these Regulations, regulation 2(4)(c) of the 2007 Regulations defined a “child who has no fixed abode” as a child falling within the meaning given in regulation 9(1)(a) of the Education (Pupil Registration) (England) Regulations 2006 (S.I. 2006/1751) (the “2006 Regulations”). The 2006 Regulations have been revoked by the School Attendance (Pupil Registration) (England) Regulations 2024 (S.I. 2024/208), necessitating the amendment made by these Regulations. The new definition of a “child who has no fixed abode” in regulation 2(4)(c) of the 2007 Regulations mirrors the wording of regulation 9(1)(a) of the 2006 Regulations, with minor changes to ensure gender-neutral drafting. A full impact assessment has not been produced as no, or no significant impact on the private, voluntary or public sector is foreseen. An Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk.
The explanatory note clarifies the purpose of the amendments.
It explains that the changes address the revocation of the 2006 regulations by replacing an outdated reference within the 2007 regulations.
The note also highlights the new gender-neutral term and states a full impact assessment was deemed unnecessary due to the expected minimal impact.