PART III
GENERAL
GENERAL PRINCIPLE TO BE OBSERVED BY THE MINISTRY AND LOCAL EDUCATION AUTHORITIES
71 Pupils to be educated in accordance with the wishes of their parents
In the exercise and performance of all powers and duties conferred and imposed on them by this Act
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the Ministry and local education authorities shall have regard to the general principle that, so far as is compatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure, pupils are to be educated in accordance with the wishes of their parents.
MISCELLANEOUS PROVISIONS
72 Inspection of educational establishments
Every educational establishment shall be open at all reasonable times to inspection by inspectors or other officers of the Ministry.
In this section the- expression "educational establishment" means a school, an establishment which under a scheme of further education made and approved under this Act is used for further education, and a grant-aided training college or institution, but does not include a university, a theological college, a hostel or other residence used exclusively by students attending a university or theological college.
73 Special provisions as to inspection of endowed schools
Every scheme in force under the Educational Endowments (Ireland) Act 1885 (48 & 49 Vict. c. 78), shall have effect as if the following provision for the periodical inspection of schools sharing in any endowment dealt with by the scheme were inserted therein in lieu of any provision in that behalf contained in the scheme, that is to say:-
"Every school sharing in the endowment to which this scheme applies shall be inspected periodically by an inspector of, or other person appointed by, the Ministry of Education at such times as the said Ministry may direct, and such inspector or other person shall furnish a report of his inspection to the said Ministry. Where an inspector of the Ministry of Education is appointed as aforesaid such fee (if any), in respect of his services, as the said Ministry may direct shall be paid by the governing body to the said Ministry, and appropriated in aid of the moneys provided by Parliament for the expenses of the said Ministry; and where a person other than such inspector is appointed as aforesaid, the governing body shall pay to that person such remuneration as the said Ministry may direct."
Accordingly, section seventeen of the said Act (as amended by section three of the Administrative Pro-
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visions Act (Northern Ireland) 1928 (18 & 19 Geo. 5. c. 14), shall be construed as requiring provision to be made as aforesaid, and references in the said section seventeen to the Governor of Northern Ireland shall be construed as references to the Ministry.
74 Provision of certain ancillary services for pupils not in attendance at county or voluntary schools
(1) Where under the powers conferred by this Act a local education authority make special arrangements for any child or young person to receive primary or secondary education otherwise than at school, the authority may provide for the medical inspection or medical treatment of that pupil as if he were in attendance at a grant-aided school.
(2) The local education authority may, with the consent of the proprietor of any independent school in their area, and upon such financial and other terms, if any, as may be determined by agreement between the authority and the proprietor of the school, make arrangements for securing -
(a) the provision of milk, meals and other refreshment for pupils in attendance at the school; and
(b) the medical inspection of, and the provision of medical treatment for, pupils in attendance at the school:
Provided that any arrangements made under this sub-section shall be such as to secure, so far as is practicable, that the expense incurred by the authority in connection with the provision under the arrangements of any service or article shall not exceed the expense which would have been incurred by them in the provision thereof if the pupil had been a pupil at a grant-aided school.
75 Registration of pupils at school
(1) The proprietor of every school shall cause to be kept in accordance with regulations made by the Ministry a register containing the prescribed particulars with respect to all persons of compulsory school age who are pupils at the school, and such regulations may make provision for enabling such registers to be inspected, for enabling extracts therefrom to be taken for the purposes of this Act by persons duly authorised in that behalf under the regulations, and for requiring the persons by whom any such register is required to be kept to make to
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the Ministry, and to local education authorities, such periodical or other returns as to the contents thereof as may be prescribed.
(2) If any person contravenes or fails to comply with any requirement imposed on him by regulations made under this section, he shall be liable on summary conviction to a fine not exceeding ten pounds.
(3) The regulations under this section shall prescribe the procedure by which a child may become a registered pupil and the procedure by which a child (not being a child with respect to whom a school attendance order is in force) may be withdrawn from any school at which he is a registered pupil, and shall make provision for the deletion from the register of the name of any pupil so withdrawn.
76 Provision of scholarships by local education authorities
(1) For the purpose of enabling pupils without hardship to themselves or their parents to attend grammar schools, or institutions providing further education, it shall be the duty of local education authorities, subject to and in accordance with regulations made by the Ministry, to grant scholarships to or in respect of such pupils as comply with the prescribed conditions.
(2) A local education authority may, in accordance with a scheme framed by the authority and approved by the Ministry, make provision for the granting of scholarships, other than those which the authority are required to provide under sub-section (1) of this section, for the purpose of enabling pupils without hardship to themselves or their parents to attend an approved educational institution.
(3) A local education authority may defray such expenses of children attending grant-aided schools as may be necessary to enable them without hardship to themselves or their parents to take part in any school activities.
77 Provision of scholarships by the Ministry
For the purpose of enabling pupils to take advantage without hardship to themselves or their parents of any educational facilities available to them, the Ministry may, subject to and in accordance with regulations made by the Ministry with the approval of the Ministry of Finance, make provision for the payment by the Ministry of sums by way of scholarships in respect of
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such pupils over compulsory school age as may be prescribed by the regulations.
78 Powers of local education authorities as to educational research
A local education authority may, with the approval of the Ministry, make such provision for conducting or assisting the conduct of research as appears to the authority to be desirable for the purpose of improving the educational facilities provided for their area.
79 Powers of local education authorities as to educational conferences
Subject to any regulations made by the Ministry, a local education authority may organise, or participate in the organisation of, conferences for the discussion of questions relating to education, and may expend such sums as may be reasonable in paying or contributing towards any expenditure incurred in connection with conferences for the discussion of such questions, including the expenses of any person authorised by them to attend any such conference.
80 Power of local education authorities to assist voluntary nursery schools
In the exercise of their powers in relation to the provision of nursery schools or in relation to the health, nourishment and physical welfare of children attending nursery schools, the local education authority may, to such extent and upon such conditions as the Ministry may approve, give financial assistance to the managers of nursery schools under the control of voluntary agencies.
81 Duties of local education authorities in relation to certain voluntary schools
(1) This section applies to voluntary primary schools and to voluntary intermediate schools.
(2) If, in the case of a voluntary school to which this section applies, a school committee is appointed for the school in accordance with a scheme framed under this section, to consist, in the case of a primary school, of two persons nominated by the local education authority and four persons nominated by the managers or trustees, or, in the case of an intermediate school, of such number of persons as may be determined by the scheme, of whom one-third shall be persons nominated by the local education authority and two-thirds shall be persons nominated by the managers or trustees, then, subject to and in accordance with regulations made by the Ministry, the local education authority shall be responsible for the lighting, heating and cleaning of the school premises and for the carrying out of internal maintenance.
(3) If, in the case of a voluntary school to which this section applies, a school committee has not been
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appointed in accordance with a scheme framed under this section, then, subject to and in accordance with regulations made by the Ministry, it shall be the duty of the local education authority to make to the managers or body controlling the school an annual contribution equal to sixty-five per cent. of the approved expenditure incurred on the lighting, heating and cleaning of the school premises, and on the carrying out of internal maintenance.
(4) In any case where the responsibility of a local education authority under this section in respect of a voluntary school depends upon the appointment for the school of such a school committee as is mentioned in sub-section (2) of this section, it shall be the duty of the local education authority to make provision for the appointment of the committee.
(5) A school committee for the purpose of sub-section (2) of this section shall be appointed, and shall conduct its proceedings, in accordance with a scheme framed by the local education authority and approved by the Ministry, and the scheme shall make provision with respect to the period for which the committee is to exist, the appointment of members thereof not less frequently than once in three years, and the number of meetings to be held in each year.
(6) Any question which may arise as to the responsibility or duty of a local education authority under this section shall be referred to the Ministry whose decision thereon shall be final.
82 Power of to assist voluntary grammar schools
A local education authority may give financial assistance to the managers of any voluntary grammar school in their education area upon such terms and conditions as may be agreed between the authority and the managers of the school with the approval of the Ministry.
83 Teachers' salaries
It shall be the duty of the Ministry, after consultation with the Ministry of Finance, to prescribe rates of salaries for teachers in grant-aided schools and institutions which are conducted in accordance with regulations made by the Ministry; and the Ministry may by regulations require, as a condition for the payment of such grants, that the teachers shall be remunerated at rates not lower than the rates for the time being in operation.
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If any question arises as to the rate of salary to be paid to any such teacher the decision of the Ministry thereon shall be final.
84 Qualifications, and terms and conditions of employment, of teachers
(1) Every person appointed to teach in a grant-aided school or institution shall have such qualifications as may be approved by the Ministry.
(2) The Ministry may make regulations as to the terms and conditions of employment of teachers in grant-aided schools and institutions.
(3) The terms upon which a teacher (other than a temporary or part-time teacher) is employed in any grant-aided school or institution shall be set forth in an agreement entered into between the teacher and the employer and such agreement shall be in such form as may be approved by the Ministry.
85 Disqualification for certain offices, and removal of disqualification for membership of certain local authorities
(1) A person shall be disqualified for being appointed or for being a teacher in a grant-aided school or institution so long as he is a member of either House of the Parliament of Northern Ireland or of the Parliament of the United Kingdom.
(2) A person who is employed as a teacher in an education area in any rate-aided school or institution shall be disqualified for being elected or chosen or being a member of the local authority which is the local education authority for that area or of any committee of that authority or of any joint committee partly appointed by that authority; but shall not, by reason only of being employed in such a school or institution, be disqualified for being elected or chosen or being a member of any other local authority; and accordingly Article 12 of the Schedule to the Local Government (Application of Enactments) Order 1898 (S. R. & O. 1898 No. 1120), as amended by sub-section (2) of section eighteen of the Local Government Act (Northern Ireland) 1934 (24 & 25 Geo. 5. c. 22), shall have effect subject to the provisions of this sub-section.
(3) For the purposes of this section the expression "local authority" means the council of a county, county borough or county district, the commissioners of a town or the board of guardians of a union, and the expression "rate-aided school or institution" means, in relation to any education area, a grant-aided school or institution, as the case may be, to or in respect of which aid is also given out of moneys administered by the local education authority for that area.
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86 Provisions as to teachers' residences
(1) A teacher in occupation of a teacher's residence may, during the period of the repayment of the statutory loan and thereafter during the term of the estate of the trustees, be required to pay to the trustees a yearly sum consisting of the aggregate of the following amounts, namely:-
(a) a sum not exceeding two and a half per cent. of the statutory loan; and
(b) such sum as the Ministry may approve in respect of the cost of such alterations, enlargements or improvements as have been effected to the residence by the trustees with the approval of the Ministry;
and the teacher may, notwithstanding any tenancy or other agreement into which he may have entered in respect of the occupation of the residence, be required to enter into an agreement accordingly.
(2) In any case where a teacher's residence has been provided in connection with any school by means of a statutory loan, and it is shown to the satisfaction of the Ministry that the residence is not required for occupation by a teacher employed in that school, the trustees may, subject to such terms and conditions as to payment or otherwise as the Ministry may approve, permit the residence to be occupied by some other person.
(3) Subject to the foregoing provisions of this section, a teacher's residence shall, notwithstanding the completion of the repayment of any statutory loan by means of which the residence was provided, continue to be held during the term of the estate of the trustees, upon the same trusts and conditions as it was held during the period of repayment, and any arrangement made under the First Schedule to this Act with respect to a teacher's residence shall provide accordingly.
(4) A local education authority shall have power, with the approval of the Ministry, to provide and maintain a residence for a teacher of a county school, and for that purpose may erect a dwelling-house or purchase, and, if necessary, enlarge or improve, an existing dwelling-house. The authority shall charge, and the teacher shall pay, in respect of the use and occupation of a dwelling-house provided under this sub-section, such yearly or other sum as the Ministry may approve.
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(5) In any case where -
(a) a teacher has, whether before or after the passing of this Act, entered into occupation of a teacher's residence as tenant of the trustees or otherwise;
(b) a teacher's residence has been occupied 'by any person by permission of the trustees given in pursuance of sub-section (2) of this section;
(c) a local education authority have provided a residence for a teacher of a county school in pursuance of sub-section (4) of this section;
then the trustees or the local education authority, as the case may be, may, on giving to such teacher or other person, as the case may be, at least six months prior notice in writing, recover possession of the residence if -
(i) in a case to which paragraph (a) or paragraph (c) of this sub-section applies, the teacher ceases to be employed in the school in connection with which the residence was provided;
(ii) in a case to which paragraph (b) of this sub-section applies, the residence is required for occupation by a teacher employed in the school in connection with which the residence was provided.
(6) Where the trustees are entitled by virtue of the last preceding sub-section to recover possession of any premises, the following provisions shall have effect in relation to those premises, that is to say:-
(a) no restriction on a right to recover possession imposed by or under the Rent and Mortgage Interest (Restrictions) Acts (Northern Ireland), 1920 to 1944, shall apply to, or in any way prejudice, any proceedings brought by the trustees or the local education authority for the recovery of possession of the premises;
(b) the trustees or the local education authority may, notwithstanding any enactment or rule of law and without prejudice to any other method of recovery, proceed under Part IV of the Summary Jurisdiction and Criminal Justice Act (Northern Ireland) 1935 (25 & 26 Geo. 5. c. 13), for the summary recovery of possession of the premises and accordingly, for the purposes of any such proceedings, the said Part IV shall have effect as if the trustees or the local education authority,
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as the case may be, were the owner of the premises and the teacher or other person in possession thereof was a person who had been put into such possession by permission of the owner as caretaker.
(7) For the purposes of the foregoing provisions of this section, the expression "teacher's residence" means premises provided, erected, structurally improved, or purchased by means of a loan made before the first day of February, nineteen hundred and twenty-two, under the National School Teachers' Residences (Ireland) Act 1875 (38 & 39 Vict. c. 82), as amended by any subsequent enactment, the expression "statutory loan" means a loan made as aforesaid, and the expression "trustees" includes, in a case where a teacher's residence has been transferred to a local education authority, that authority.
87 Provision of caretakers' residences
A local education authority shall have power, with the approval of the Ministry, to provide and maintain a residence for a caretaker having the care of a county school or of any premises or property used by the authority for educational purposes or purposes connected therewith, and for that purpose may erect a dwelling-house or purchase, and, if necessary, enlarge or improve, an existing dwelling-house.
88 Power of local education authorities to accept gifts for educational purposes
It shall be lawful for a local education authority to be constituted trustees for any educational endowment or charity for purposes connected with education, whether the endowment was established before or after the date of the commencement of this Part of this Act, and they shall have power to accept any real or personal property given to them as an educational endowment or upon trust for any purposes connected with education:
Provided that nothing in this section shall enable a local education authority to be trustees for or to accept any educational endowment, charity, or trust, the purposes of which are inconsistent with the provisions of this Act or the principles on which the authority are required to conduct schools provided by them.
Administrative Provisions
89 Officers of local education authorities
(1) It shall be the duty of each local education authority to appoint a fit person to be chief education officer of the authority, but the authority shall not make such an appointment except after consultation with the Ministry, and for the purposes of such consultation an authority proposing to make such an appointment shall
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send to the Ministry particulars showing the names, previous experience, and qualifications, of the persons from whom they propose to make a selection. If the Ministry is of opinion that any person whose name is submitted to it is not a fit person to be chief education officer of the authority, the Ministry may give directions prohibiting his appointment.
(2) The Ministry may by regulations provide that such officers of a local education authority as may be prescribed by the regulations shall not be appointed or removed from office, nor shall their salaries or remuneration be fixed or altered, without the concurrence of the Ministry.
(3) Subject to the provisions of the last foregoing sub-section, a local education authority may appoint officers and servants for any of the purposes of this Act, and may from time to time remove any of those officers or servants.
(4) Two or more local education authorities may, with the approval of the Ministry, arrange for the appointment of the same person to be an officer to both or all those authorities.
90 Superannuation of officers of local education authorities
(1) The following enactments shall apply in the case of officers appointed by, or transferred to, local education authorities under this Act or under any enactment repealed by this Act, that is to say:-
(a) in the case of an officer of the council of a county borough, or of the education committee of such a council, the Local Officers Superannuation Act (Ireland) 1869 (32 & 33 Vict. c. 79);
(b) in the case of an officer of a county or county district council, not being the council of a county borough, or of an education committee of such council, the enactments applied to officers of county councils by sub-section (11) of section eighty-three of the Local Government (Ireland) Act 1898 (61 & 62 Vict. c. 37).
The enactments aforesaid shall apply to medical officers appointed by or transferred to local education authorities in like manner as they apply to medical officers of health and dispensary medical officers.
(2) Where any person, formerly employed as an officer of a school attendance committee under the Irish
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Education Act 1892 (55 & 56 Vict. c. 42), and devoting his whole time to the duties of his office, became an officer of a local education authority in pursuance of the Third Schedule to the Act of 1923, such portion (if any) of the service of that person as an officer of the school attendance committee as may be authorised by the Ministry of Health and Local Government, after consultation with the Ministry, shall be reckoned as service under the local education authority for the purposes of any grant to that person of a superannuation allowance on his retirement from the service of the local education authority.
(3) Where a person, formerly employed in a pensionable office, has, before the passing of this Act, become or thereafter becomes an officer of a local education authority, such portion (if any) of the service of that person when formerly employed in such pensionable office as may be authorised by the Ministry of Health and Local Government, after consultation with the Ministry, shall be reckoned as service under the local education authority for the purposes of any grant to that person of a superannuation allowance on his retirement from the service of the local education authority.
For the purposes of this sub-section the expression "pensionable office" means an office coming within the provisions of the enactments mentioned in paragraph (a) or paragraph (b) of sub-section (1) of this section; and a person formerly employed as a whole-time officer by a committee of or appointed by a local authority having power to grant superannuation allowances under any of the said enactments, or of or appointed by several such local authorities, shall be deemed to have been formerly employed in a pensionable office.
The provisions of this sub-section shall be in addition to and not in derogation of any of the provisions of the said enactments.
91 Powers and duties of education committees
(1) In the exercise and performance by a local education authority of their powers and duties under this Act the following things may be carried out or done by the authority through their education committee, that is to say:-
(a) any negotiations or acts antecedent to, connected with or consequent on, the acquisition, holding or disposal of land;
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(b) the disbursing or applying of money in discharge of any expenditure or costs incurred on account of such negotiations or acts as aforesaid;
(c) the disbursing or applying of money in repayment of any loan raised by the local education authority, or in payment of interest on such loan.
(2) Where the council of a county or county borough, acting as local education authority, have incurred expenditure for purposes connected with the raising of money by loan, such expenditure shall, if the council so require, be repaid to them by the education committee.
(3) Nothing in this section shall operate so as -
(a) to enable any land to be acquired, held or disposed of by a local education authority otherwise than in the name of the council of the county or county borough; or
(b) to prejudice the retention by the local education authority themselves of the general control of expenditure in pursuance of sub-section (2) of section two of this Act.
92 Powers, procedure etc of councils and committees
(1) Any powers and duties required to be exercised and performed by the council of a county or county borough, otherwise than in the capacity of such council as a local education authority for the purposes of this Act shall, if they appear to the Ministry, after consultation with the Ministry of Health and Local Government, to be similar or analogous to powers and duties of the council in its capacity as such local education authority, be exercised and performed by such council in such last-mentioned capacity, and subject to any regulations made by the Ministry under this Act for the purpose of giving full effect to this provision.
(2) The provisions set out in Parts I, II and III of the Second Schedule to this Act shall apply respectively to the constitution, powers, duties, and procedure of education committees of counties, education committees of county boroughs and school management committees, and the term of office and qualification of members of those committees.
(3) A person shall not be disqualified for membership of a local education authority or an education com-
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mittee by reason only of his being patron or manager of a school or institution aided by the local education authority or a member of the management committee or governing body of any such school or institution.
93 Expenses of local education authorities
(1) The expenses under this Act of a local education authority, being the council of a county borough, shall be defrayed out of any rate or fund applicable to the purposes of the Public Health Acts (Northern Ireland), 1878 to 1946, or out of any other rate or fund which the Ministry of Health and Local Government may, on the application of the council approve.
(2) The expenses under this Act of a local education authority, not being the council of a county borough, shall be raised by means of the poor rate, and as a separate item of that poor rate to be described as the education rate, and, so far as it represents a rate on the net annual value of a borough or urban district, be raised by the council of the borough or urban district upon the demand of the county council:
Provided that a county district, the council of which is making separate provision, by virtue of section sixty-four of this Act, for further education in that district, shall be exempt from the raising of so much of the education rate levied by the local education authority for the education area in which that district is situate as is required to defray the expenses of the last-mentioned authority in providing further education in their education area.
(3) The local education authority shall, in each financial year on or before such date as may be prescribed, submit to the Ministry a financial scheme in such form as may be prescribed showing the amount of the estimated expenditure and receipts of the local education authority during the next ensuing financial year, and the Ministry may approve of the financial scheme with or without modifications, and when signifying its approval shall state the amount estimated to be payable out of moneys provided by Parliament in aid of the expenditure in accordance with the approved financial scheme.
94 Borrowing powers of local education authorities
(1) For the purpose of meeting any expenses incurred by them in the exercise and performance of their powers and duties under this Act a local education
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authority may borrow money subject to and in accordance with the following provisions of this section.
(2) A local education authority, being the council of a county borough, shall have the same power of borrowing for the purposes of this Act as they have under the Public Health Acts (Northern Ireland), 1878 to 1946, for the purpose of defraying any expenses incurred by them in the administration of those Acts, and money borrowed for the purposes of this Act shall not be reckoned as part of the debt of the council of a county borough for the purposes of any enactment limiting their powers of borrowing.
(3) The borrowing powers of a local education authority, being the council of a county borough, may be exercised by that council in any manner (whether by the creation of stock or otherwise) in which they are authorised to borrow under any local Act applicable to their county borough and upon the same security as is available for such last-mentioned borrowing.
(4) A local education authority, not being the council of a county borough, may for the purposes of this Act borrow money under article twenty-two of the schedule to the Local Government (Application of Enactments) Order, 1898, upon the security of the county fund as if those purposes were mentioned in the said article, and money borrowed for the purposes of this Act shall not be reckoned as part of the debt of the county council for the purposes of the said article.
(5) Where a local education authority propose to incur expense under this Act -
(a) on works the cost of which in the opinion of the Ministry ought, by reason of the permanent character of the works, to be spread over a term of years; or
(b) in the doing of any thing the cost of which, in the opinion of the Ministry, involves expenditure of a capital nature and ought to be spread over a term of years;
the authority may, with the consent of the Ministry, spread the payment over such term of years, not exceeding fifty, as the Ministry may determine, and may borrow money for the purpose of making contributions towards such cost on the security of the education rate, and may
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charge the education rate with the payment of the principal and interest due in respect of the loan.
(6) A local education authority shall have power to borrow temporarily, under and subject to the provisions of section three of the Local Authorities (Financial Provisions) Act 1921 (11 & 12 Geo. 5. c. 67) such sums as may be necessary for the purpose of enabling their education committee to defray any current expenses that may be incurred by such committee in accordance with the financial scheme approved under sub-section (3) of section ninety-three of this Act.
(7) A local education authority shall have power to borrow temporarily, under and subject to the provisions, of section fifteen of the Local Government Act (Northern Ireland) 1934, for the purpose mentioned in that section.
(8) Where any consent or sanction is required in relation to borrowing for the purposes of this Act the authority for giving such consent or sanction shall, notwithstanding the provisions of any enactment, be the Ministry.
(9) The powers of a local education authority under this section shall be exercised in accordance with regulations made by the Ministry after consultation with the Ministry of Health and Local Government.
(10) The provisions of this section shall be without prejudice to any prohibition or restriction imposed by the Government Loans Act (Northern Ireland) 1945 (c. 11), on the manner of borrowing by local authorities.
95 Acquisition of land and other dealings in land by local education authorities
(1) For the purposes of their powers and duties under this Act, a local education authority may, with the approval of the Ministry, acquire, purchase or take on lease any land whether situate within or without the area of the authority.
(2) Where a local education authority desire to acquire otherwise than by agreement any land which they consider necessary for such purposes, the authority may apply to the Ministry for an order vesting such land in them and the Ministry shall have power to make such order; and the provisions of the Local Government Act (Northern Ireland) 1934, which are specified in the Fifth
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Schedule to this Act shall have effect in relation to every such vesting order subject to the modifications and adaptations set out in the said Fifth Schedule.
(3) The council of a county, county borough or county district may -
(a) appropriate, with the consent of the Ministry, for any particular purpose of this Act, any land acquired by them or transferred to them for any other purpose of this Act;
(b) appropriate, with the consent of the Ministry of Health and Local Government, for any purpose of this Act, any land acquired by them otherwise than in their capacity as a local education authority;
(c) appropriate, with the consent of the Ministry and the Ministry of Health and Local Government, for the purposes of any of their powers and duties apart from this Act, any land acquired by them under this Act and not required for the purposes of this Act.
(4) The appropriation of land by the council of a county, county borough or county district under this section shall be subject in any case to any special covenants or agreements affecting the use of the land in their hands.
(5) It shall be lawful for a local education authority, with the approval of the Ministry, to sell and dispose of any land acquired or held by them under this Act and not required for the purposes of this Act, and the proceeds of the sale of any such land shall be applied in such manner as the Ministry may approve towards the discharge of any loan under this Act or otherwise for any purpose for which capital expenditure may be incurred by the authority under this Act.
96 Compensation for loss of office
(1) If in consequence of the abolition of regional education committees, any officer of such a committee who, immediately before the relevant date was in the whole-time employment of the local education authority for the area for which the committee was established, ceases to be so employed he shall be entitled to compensation subject to, and in accordance with, the provisions of the Fourth Schedule to this Act:
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Provided that this section shall not apply to any such officer who -
(a) had been so employed by the local education authority for a period of less than two completed years ending on the relevant date; or
(b) within one month after the relevant date is offered employment by the local education authority on terms not less favourable than those upon which he was employed by the authority immediately before the said date.
(2) If any question arises as to whether the terms of employment offered to an officer are or are not less favourable than those upon which he was employed immediately before the said date, that question shall be referred to the Ministry whose decision thereon shall be final.
(3) In this section the expression "relevant date" means the date upon which by virtue of the coming into operation of Part I of this Act regional education committees are abolished.
97 Reports and returns
Every local education authority and the managers of every school shall make to the Ministry such reports and returns and give to the Ministry such information as it may require for the purpose of the exercise of its functions under this Act.
98 Power to enforce duties of local education authorities
(1) If a local education authority -
(a) make default in the performance of any of their duties under this Act; or
(b) fail to comply with any order or direction of the Ministry in relation to any of those duties; or
(c) fail to exercise such of their powers under this Act as, in the opinion of the Ministry, require to be exercised for the promotion of primary, secondary or further education; or
(d) act in any manner which in the opinion of the Ministry is prejudicial to the promotion of primary, secondary or further education;
the Ministry may, after holding a public inquiry, make such order as it considers necessary or proper for the purpose of compelling the authority -
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(i) to fulfil the duty in respect of which they are in default; or
(ii) to comply with any order or direction of the Ministry in relation to any of their duties under this Act; or
(iii) to exercise such of their powers under this Act as the Ministry may direct; or
(iv) to refrain from doing any act which in the opinion of the Ministry is prejudicial to the promotion of primary, secondary or further education;
as the case may be, and any such order may be enforced by mandamus [command of the Crown].
(2) An order under this section may, without prejudice to the powers conferred upon the Ministry by sub-section (1) thereof, provide -
(a) for the appointment of some person or persons to discharge the duties of the local education authority, or such of those duties as may be specified in the order; and
(b) for rendering valid any act, thing, payment or grant to or in respect of a school which would otherwise be invalid by reason of the default of a local education authority.
(3) So long as an order under this section appointing any person to discharge any duties of a local education authority remains in force, the powers and duties of the authority in relation to the said duties shall be exercised and performed by the person or persons appointed by the order instead of by the authority, and the remuneration and expenses of such person or persons as fixed by the Ministry shall be a debt due by the local education authority to the Ministry, and shall be defrayed as part of the expenses of the authority under this Act.
(4) Any payment made by the Ministry to or in respect of any school by virtue of an order under this section may, without prejudice to any other remedy, be deducted from any sums payable to the local education authority by way of grant out of moneys provided by Parliament.
99 Certificates of birth
(1) Where the age of any person is required to be ascertained or proved for the purposes of this Act or of
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any enactment relating to the employment of children or young persons, any person shall -
(a) on presenting a written requisition in such form and containing such particulars as may be prescribed by regulations made by the Ministry of Finance; and
(b) on payment of a fee of sixpence;
be entitled to obtain a certified copy of the entry of the birth of the first-mentioned person in the register of births under the hand of the registrar.
Forms for such requisitions as aforesaid shall on demand be supplied without any charge by every registrar.
(2) Every registrar shall supply to a local education authority such particulars of the entries contained in any register of births or deaths in his custody, and in such form as, subject to any regulations made by the Ministry of Finance after consultation with the Ministry, the authority may from time to time require; and in respect of every entry of which particulars are so furnished the authority shall pay to the registrar such fee as may be prescribed by the said regulations.
(3) In this section the expression "registrar" includes a superintendent registrar.
(4) Section one hundred and thirty-four of the Factory and Workshop Act 1901 (1 Edw. 7. c. 22), so far as unrepealed, shall cease to have effect.
100 Procedure as to making and confirmation of bye-laws of local education authorities
(1) It shall be the duty of the local education authority to make, and, if confirmed in accordance with the provisions of this section, to enforce bye-laws prescribing or providing for any matter required by this Act to be so prescribed or provided by that authority.
(2) A bye-law made under this Act shall not come into operation until it has been confirmed by the Ministry.
(3) A local education authority, not less than one month before submitting any such bye-law for the approval of the Ministry, shall deposit a draft copy of the proposed bye-law at the office of the authority for inspection by any ratepayer, and supply a draft copy thereof to any ratepayer free of charge, and shall publish a notice of the deposit.
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(4) The Ministry, before confirming any bye-law, shall be satisfied that the deposit has been made, and notice published, and shall cause such inquiry (if any) to be made in the education area as the Ministry thinks requisite.
(5) Bye-laws made under this Act may apply either to the whole of the education area of a local education authority, or to any specified part thereof.
(6) A copy of any bye-laws made under this Act by a local education authority, signed and certified by the clerk of such authority to be a true copy and to have been duly confirmed, shall be evidence, until the contrary is proved, in all legal proceedings, of the due making, confirmation and existence of such bye-laws without further or other proof.
101 Provisions as to evidence
(1) Where in any proceedings under this Act the person by whom the proceedings are brought alleges that any person whose age is material to the proceedings is under, of, or over, any age, and satisfies the court that having used all reasonable diligence to obtain evidence as to the age of that person he has been unable to do so, then, unless the contrary is proved, the court may presume that person to be under, of, or over, the age alleged.
(2) In any legal proceedings any document purporting to be -
(a) a document issued by a local education authority, and to be signed by the clerk of that authority or by the chief education officer of that authority or by any other officer of the authority authorised to sign it;
(b) an extract from the minutes of the proceedings of the managers of any grant-aided school, and to be signed by the chairman of the managers or by their clerk;
(c) a certificate giving particulars of the attendance of a child at a school and to be signed by the principal of the school; or
(d) a certificate issued by a medical officer of a local education authority and to be signed by such an officer;
shall be received in evidence and shall, unless the contrary is proved, be deemed to be the document which it purports to be, and to be signed by the person by whom
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it purports to have been signed, without proof of his identity, signature, or official capacity, and such extract or certificate as is mentioned in paragraph (b), (c) or (d) of this sub-section shall be evidence of the matters stated therein.
102 Offences, fines, and appeals
(1) All offences against this Act or any byelaws made thereunder shall be prosecuted, and all fines under this Act or those bye-laws shall be recovered, in manner provided by the Summary Jurisdiction Acts (Northern Ireland).
(2) All fines imposed and costs awarded to a local education authority under this Act or under any bye-laws made thereunder shall, notwithstanding anything in any enactment, be applied in aid of the expenses of that authority thereunder.
(3) Any person aggrieved by any conviction or order made by a court of summary jurisdiction on the determination of any information or complaint under this Act may appeal to a court of quarter sessions in manner provided by the Summary Jurisdiction Acts (Northern Ireland).
103 Power of Ministry and Ministry of Health and Local Government to direct inquiries
(1) The Ministry may cause a public inquiry to be held for the purpose of the exercise of any of its functions under this Act, and the following provisions of this section shall have effect with respect to any such inquiry.
(2) The Ministry shall appoint a person to hold the inquiry, and shall cause notice to be published, in such manner as the Ministry may direct, of the place where, and the time at which, sittings are to be held. The person so appointed shall have power from time to time to adjourn any sitting.
(3) The person so appointed may by summons require any person to attend, at such time and place as is set forth in the summons, to give evidence or to produce any documents in his custody or under his control which relate to any matter in question at the inquiry, and may take evidence on oath, and for that purpose administer oaths, or may, instead of administering an oath, require the person examined to make and subscribe a declaration of the truth of the matter respecting which he is examined:
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Provided that a person shall not be required in obedience to such a summons to go more than ten miles from his place of residence, unless the necessary expenses of his attendance are paid or tendered to him.
(4) Any person who refuses or wilfully neglects to attend in obedience to a summons issued under this section, or to give evidence, or who wilfully suppresses, conceals, destroys or refuses to produce any book or other document which he may be required to produce for the purposes of this section, shall be liable, on summary conviction, to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment.
(5) The person so appointed shall make to the Ministry a report in writing setting forth the result of the inquiry and the objections and representations, if any, made thereat, and any opinion or recommendations submitted by him to the Ministry; and the Ministry shall furnish a copy of the report to any local education authority concerned with the subject matter of the inquiry, and, on payment of such fee as may be fixed by the Ministry, to any person interested.
(6) The Ministry may, where it appears to it to be reasonable that such an order should be made, order the payment of the whole or any part of the costs of the inquiry either by the local education authority to whose administration the inquiry appears to the Ministry to be incidental, or by the applicant for the inquiry, and may require the applicant for an inquiry to give security for the costs thereof.
(7) Any order made by the Ministry under the last foregoing sub-section shall certify the amount to be paid by the local education authority or the applicant, and any amount so certified shall, without prejudice to the recovery thereof in any other manner, be recoverable by the Ministry summarily as a civil debt from the authority or the applicant, as the case may be.
(8) The Ministry shall pay to the person appointed to hold any such inquiry such remuneration and expenses as the Ministry, with the approval of the Ministry of Finance, may determine.
(9) The Ministry of Health and Local Government may cause a public inquiry to be held for the purpose of
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the exercise of any of its functions under this Act, and for the purpose of any such inquiry the foregoing provisions of this section (other than sub-section (1) thereof) shall have effect as if for any reference therein to the Ministry there were substituted a reference to the Ministry of Health and Local Government.
FINANCIAL PROVISIONS
104 Grants in aid of educational services
(1) The Ministry shall, by regulations made with the approval of the Ministry of Finance, make provision for the payment by the Ministry -
(a) to local education authorities of annual grants equal to sixty-five per cent. of the expenditure (other than expenditure in respect of which a grant is payable under the next following paragraph), incurred in accordance with approved financial schemes, by such authorities in the exercise of any of their functions relating to education, other than their functions relating to the medical inspection and treatment of pupils:
Provided, however, that the annual grant in respect of any such expenditure incurred in the provision of milk, meals and other refreshment shall be not less than ninety per cent. of such expenditure;
(b) to local education authorities of annual grants equal to the approved expenditure incurred by them on the items of expenditure specified in Part I of the Sixth Schedule to this Act;
(c) to persons other than local education authorities of grants in respect of expenditure incurred or to be incurred for the purposes of educational services provided by them or on their behalf or under their management or for the purposes of educational research;
(d) of the salaries of teachers in primary, intermediate and special schools, not being salaries paid by local education authorities in respect of which a grant is payable under paragraph (b) of this sub-section.
(2) The Ministry of Health and Local Government shall, by regulations made with the approval of the Ministry of Finance, make provision for the payment by the Ministry of Health and Local Government to local
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education authorities of annual grants equal to sixty-five per cent. of the expenditure incurred, with the approval of the last-mentioned Ministry, by such authorities in the exercise of their functions relating to the medical inspection and treatment of pupils.
(3) Any regulations made by the Ministry or by the Ministry of Health and Local Government under this section may make provision whereby the making of payments by it in pursuance thereof is dependent upon the fulfilment of such conditions as may be determined by or in accordance with the regulations, and may also make provision for requiring local education authorities and other persons to whom payments have been made in pursuance thereof to comply with such requirements as may be so determined.
(4) There shall be paid out of moneys provided by Parliament such sums as may from time to time become payable in respect of -
(a) grants towards superannuation and other allowances payable to teachers in accordance with any superannuation scheme for the time being in force applicable to such teachers; and
(b) grants in aid of the repayment of the principal of, and interest on, loans outstanding at the date of the commencement of this Part of this Act in respect of teachers' residences.
(5) Nothing in this section shall affect any grants in aid of university education payable out of moneys provided by Parliament otherwise than in accordance with the provisions of this Act.
105 Contributions from local rates to the Ministry in respect of certain items of expenditure
(1) There shall be paid to the Ministry by the council of each county and county borough an annual contribution towards the expenses incurred under this Act on the items of expenditure specified in Part I of the Sixth Schedule to this Act.
(2) The contributions to be paid by each such council as aforesaid in respect of each financial year shall be as follows:-
(a) in respect of the year ending on the thirty-first day of March, nineteen hundred and forty-nine, and of the year ending on the thirty-first day of March, nineteen hundred and fifty, an amount
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equal to the sum which would be produced by a rate of four pence in the pound on the rateable value of the county or county borough;
(b) in respect of the year ending on the thirty-first day of March, nineteen hundred and fifty-one, and each subsequent year, an amount equal to the proportion attributable to the council (ascertained in accordance with the provisions of Part II of the Sixth Schedule to this Act) of thirty-five per cent. of the amount by which the estimated expenditure on the items of expenditure specified in Part I of the said Sixth Schedule exceeds the sum of two million, two hundred and twenty-five thousand pounds.
(3) The contribution to be paid by the council of a county shall be raised by means of the poor rate, and shall, so far as it represents a rate on the rateable value of a borough or other urban district, be raised by the council of the borough or urban district upon the demand of the county council.
(4) The contribution to be paid by the council of a county borough shall be defrayed out of any rate or fund applicable to the purposes of the Public Health Acts (Northern Ireland), 1878 to 1946, or out of any other rate or fund which the Ministry of Health and Local Government may, on the application of the council, approve.
(5) The contributions payable under this section shall be paid in such instalments and at such times as the Ministry may direct, and shall be in addition to the contributions payable under section three of the Finance Act (Northern Ireland) 1934 (24 & 25 Geo. 5. c. 13).
(6) Expenditure incurred by a council in paying any contribution or meeting any demand under this section shall not be taken into account for the purposes of the deficiency contribution under the Local Government (Finance) Act (Northern Ireland) 1944 (c. 17), as amended by any subsequent enactment for the time being in force.
(7) In this section the expression "rateable value" means the rateable value, subject to the provisions of Part I of the Local Government (Rating and Finance) Act (Northern Ireland) 1929 (20 Geo. 5. c. 10), of the hereditaments and tenements rated to the poor rate for the financial year immediately preceding the year in respect of which the contribution is to be paid.
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106 Government grants for voluntary schools
(1) Subject to the provisions of this sub-section and of any regulations made for the purposes thereof by the Ministry, with the approval of the Ministry of Finance, the Ministry may pay to any person, for the purpose of the provision of a new primary, intermediate or special school, or the alteration of an existing primary, intermediate or special school, a sum equal to sixty-five per cent. of the expenditure incurred for such purpose, and such payment shall be subject to the following conditions, that is to say -
(a) the school shall be vested in trustees appointed with the approval of the Ministry for the purpose of maintaining and carrying on the school;
(b) the school shall be maintained and carried on as a primary, intermediate or special school;
(c) if, within a period of fifty years from the completion of the works for the purpose of which the payment was made by the Ministry, or within such lesser period as the Ministry may in any particular case allow, the school ceases to be maintained and carried on as a primary, intermediate or special school, the said payment shall, unless the Ministry otherwise determines, be recoverable from any person in whom is vested for the time being the estate or interest in the school premises which was formerly held for the purpose thereof.
Provided that where such payment as aforesaid is made in respect of an existing voluntary school vested in the Ministry or in trustees, by virtue of a deed to which the Commissioners of National Education in Ireland or the Ministry were parties and which was executed before the date of the commencement of this Part of this Act, the school shall continue to be vested in the Ministry or the last-mentioned trustees, as the case may be.
In this and the next succeeding sub-section any reference to a primary school, an intermediate school or a special school shall be construed as not including any such school under the management of a local education authority.
(2) The Ministry may, subject to and in accordance with regulations made by it with the approval of the Ministry of Finance, pay to the managers of a primary, intermediate or special school, a sum equal to sixty-
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five per cent. of the expenditure incurred in any year by such managers on the external maintenance of the school, or on the provision of equipment for the school.
(3) The Ministry may, subject to and in accordance with regulations made by it with the approval of the Ministry of Finance, pay to any person for the purpose of the provision and equipment of a new voluntary grammar school or the alteration and equipment of an existing voluntary grammar school, a sum equal to sixty-five per cent. of the expenditure incurred for such purpose.
(4) All sums payable by the Ministry under the foregoing provisions of this section shall be paid out of moneys provided by Parliament.
107 Contributions between local education authorities
(1) Where a local education authority provide for the primary or secondary education of any child or young person who belongs to the area of some other local education authority, then, if a claim therefor is made within the prescribed period, they shall, subject as hereinafter provided, be entitled to recover from that authority such contributions as may be determined by agreement between the authorities concerned, or in default of such agreement, by the Ministry, to be equal to the cost of providing for the education:
Provided that if in the case of any child or young person the Ministry is satisfied that there was no sufficient reason why the education provided for him should not have been provided by the authority for the area to which he belongs, the Ministry may, on the application of that authority, direct that no contribution shall be recoverable in respect thereof under this sub-section.
(2) For the purposes of this section, a child or young person shall be deemed to belong to the area in which his guardian resides:
Provided that if the guardian of the child or young person cannot be found or his guardian has no place of residence in Northern Ireland, the child or young person shall be deemed to belong to the area of the local education authority in whose area he was born.
(3) If it is impracticable to determine under the provisions of the last foregoing sub-section to what area a child or young person belongs, either because his place of birth was not in Northern Ireland or cannot be ascertained or for any other reason, he shall be treated as belonging
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to such area as may be determined by agreement between the local education authorities concerned, or in default of such agreement, by the Ministry.
(4) In this section the expression "guardian," in , relation to any child or young person, means the person having the legal right to the guardianship of the person of that child or young person:
Provided that where that person has been deprived of the custody of the child or young person, by the order of a court of competent jurisdiction, the guardian of the child or young person shall be deemed to be the person appointed by that court to have the custody of him.
(5) Nothing in this section shall be construed as preventing the payment by agreement between local education authorities of contributions in respect of functions performed by one authority on behalf of another in cases where the authority by whom the functions are performed are not entitled to recover contributions under this section.
(6) In determining for the purposes of this section the cost to a local education authority of providing for the education of any child or young person, account shall be taken of any expenses reasonably incurred by the authority in providing for the child or young person any benefits or services for which provision is made by or under the enactments relating to education.
108 Expenses of Ministry and Ministry of Health and Local Government
Any expenses incurred by the Ministry or by the Ministry of Health and Local Government in the exercise of their functions under this Act shall be defrayed out of moneys provided by Parliament.
PART IV
SUPPLEMENTAL
109 Power to facilitate commencement of Part I
(1) Without prejudice to any powers exercisable under section thirty-seven of the Interpretation Act 1889 (52 & 53 Vict. c. 63), the Ministry may exercise, and may authorise or require any local education authority, former authority, or other person or body of persons, to exercise during the period before the date on which Part I of this Act comes into operation any functions, which will, on or after that date, become exercisable by it or them under any provision of this Act, in so far as the exercise of those func-
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tions during that period is, in the opinion of the Ministry, necessary or expedient for securing that that Part may be brought into operation without delay or for preventing difficulties in the operation of that Part after the date aforesaid.
(2) The Ministry shall, in exercise of the power conferred by the last foregoing sub-section, secure the constitution of any education committees and sub-committees which are, in its opinion, essential for the initial operation of the said Part I.
(3) If the Ministry is satisfied that it is necessary to make an order under this sub-section by reason of time being required after the commencement of the said Part I for enabling adequate provision to be made for a supply of teachers or of school accommodation sufficient to meet the needs of pupils between the ages of fourteen and fifteen years, it may by order direct that, while the order remains in force, section thirty-three of this Act shall have effect as if for references therein to fifteen there were substituted references fourteen:
Provided that, if any order made under this subsection is still in operation on the first day of April, nineteen hundred and fifty-one, the order shall then cease to have effect.
110 Power to prescribe dates for school attendance
(1) A local education authority shall have power to make bye-laws prescribing two or more dates in each year as the dates of commencing and terminating, or otherwise in relation to, school attendance for children within their education area, and publication of the prescribed dates shall be made by advertisement or otherwise as the authority think fit.
(2) For the purposes of the provisions of this Act relating to the limits of the compulsory school age, a child shall be deemed not to have attained any particular age until the prescribed date next succeeding the date upon which he attained that age.
111 Revocation and variation of orders etc
Any orders made, schemes framed or directions given by the Ministry, the Ministry of Health and Local Government, or a local education authority under the provisions of this Act may be varied or revoked by a further order or scheme or further directions made,
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framed or given by the Ministry, the Ministry of Health and Local Government, or that authority, as the case may be:
Provided that where the power to make, frame or give any such order, scheme or direction is exercisable only upon the application or with the consent of any person or body of persons, or after consultation with any person or body of persons, or otherwise subject to any conditions, no order, scheme or directions made, framed or given thereunder shall be varied or revoked except upon the like application, with the like consent, after the like consultation, or subject to the like conditions, as the case may be.
112 Regulations for purposes of Act
(1) The Ministry may make all such regulations as are required to be made by it under this Act, or as appear to the Ministry to be necessary or proper for giving full effect to this Act.
(2) All regulations made under this Act shall, as soon as may be after they are made, be laid before each House of Parliament. If either House of Parliament, within the statutory period next after any regulation made as aforesaid has been laid before such House, resolves that the regulation shall be annulled, the regulation shall, after the date of the resolution, be void, but without prejudice to the validity of anything previously done thereunder or to the making of a new regulation.
113 Service of notices etc
(1) Any notice, order or other document required or authorised by or under this Act to be served upon any person may be served by delivering it to that person, or by leaving it at his usual or last known place of residence, or by sending it in a pre-paid letter addressed to him at that place.
(2) Any notice, order or other document required to be served on or sent to a local education authority under this Act may be served or sent by giving it to the clerk of the authority or sending it to or delivering it at, the offices of the authority.
(3) Any notice, order or other document requiring authentication by a local education authority may be signed by their clerk.
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114 Publication of notices
(1) Notices and other matters required to be published under this Act shall, when no particular method is provided or indicated, be published either by advertisement, or in such other manner as the Ministry may either generally or with respect to any particular area, place, or notice, or class of area, place, or notice, by regulations prescribe, as being in its opinion sufficient for giving information to all persons interested.
(2) If any person wilfully removes, injures or defaces any notice exhibited in pursuance of this Act he shall, in respect of each offence, be liable on summary conviction to a fine not exceeding two pounds.
115 Annual report to Parliament
The Ministry shall make to Parliament an annual report giving an account of the exercise and performance of the powers and duties conferred and imposed upon it by this Act and of the composition and proceedings of the Advisory Council for Education.
116 Interpretation
(1) In this Act, unless the contrary intention appears, the following expressions have the meanings hereby assigned to them, that is to say:-
"Act of 1923" means the Education Act (Northern Ireland) 1923 (13 & 14 Geo. 5. c. 21);
"Act of 1930" means the Education Act (Northern Ireland) 1930 (20 & 21 Geo. 5. c. 14);
"alterations," in relation to any school premises, includes any improvements, enlargements or additions;
"approved" means approved by the Ministry;
"child" means a person who is not over compulsory school age;
"clerk," in relation to a local education authority, includes any duly authorised officer of that authority;
"clothing" includes boots and other footwear;
"compulsory school age" has, subject to the provisions of section thirty-six of this Act, the meaning assigned to it by section thirty-three of this Act;
"financial year" means the period of twelve months ending on the thirty-first day of March;
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"former authority" means any authority which was an education authority within the meaning of any enactment repealed by this Act or any previous Act;
"further education" has the meaning assigned to it by section thirty-nine of this Act;
"grammar school" has the meaning assigned to it by sub-section (4) of section seventeen of this Act;
"grant-aided," where used in relation to a school or institution, means a school or institution, as the case may be, to or in respect of which grants are made out of moneys provided by Parliament under and for the purposes of this Act;
"independent school" means any school at which full-time education is provided for five or more pupils of compulsory school age (whether or not education is also provided for pupils under or over that age), not being a grant-aided school;
"intermediate school" has the meaning assigned to it by sub-section (5) of section fifteen of this Act;
"junior pupil" means a child who has not attained the age of eleven years and six months;
"land" includes water and any interest in land or water, and any easement or right in, to or over land or water;
"managers," where used in relation to a voluntary school, includes patrons and other persons who have the management of the school, whether or not the school is vested in them as owners; and, in relation to any school under the management of a board of governors, includes those governors;
"medical inspection" means inspection by or under the directions of a medical officer of a local education authority or by a person registered under the Dentists Act 1878 (41 & 42 Vict. c. 33), employed or engaged, whether regularly or for the purposes of any particular case, by a local education authority;
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"medical officer" means, in relation to any local education authority, a duly qualified medical practitioner employed or engaged, whether regularly or for the purposes of any particular case, by that authority;
"medical treatment" includes treatment by any duly qualified medical practitioner or by any person registered under the Dentists Act 1878, but does not, in relation to any pupil other than a pupil receiving primary or secondary education otherwise than at school under arrangements made by a local education authority, include treatment in that pupil's home;
"officer" does not include teacher;
"parent" in relation to any child or young person, includes a guardian and every person who has the actual custody of the child or young person;
"premises," in relation to any school, includes any detached playing fields, but, except where otherwise expressly provided, does not include a teacher's or caretaker's residence;
"prescribed" means prescribed by regulations made by the Ministry;
"primary education" has the meaning assigned to it by section five of this Act;
"primary school" means, subject to the provisions of sub-section (2) of this section, a school for providing primary education not being an independent school;
"proprietor," in relation to any school, means the person or body of persons responsible for the management of the school, and for the purposes of the provisions of this Act relating to applications for the registration of independent schools, includes any person or body of persons proposing to be so responsible;
"provisionally registered school" means an independent school registered in the register of independent schools, whereof the registration is provisional only;
"pupil," where used without qualification, means a person of any age for whom education is required to be provided under this Act;
"regional education committee" means a regional education committee established under the Act of 1923;
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"registered pupil" means, in relation to any school, a pupil registered as such in the register kept in accordance with the requirements of this Act, but does not include any child who has been withdrawn from the school in the prescribed manner;
"registered school" means an independent school registered in the register of independent schools, whereof the registration is final;
"scholarship" includes exhibition, bursary or maintenance allowance or any combination thereof;
"school" means an institution for providing primary or secondary education or both primary and secondary education, being a grant-aided school or an independent school; and the expression "school" where used without qualification includes either or both such schools as the context may require;
"secondary education" has the meaning assigned to it by section five of this Act;
"secondary school" means, subject to the provisions of sub-section (2) of this section, a school for providing secondary education not being an independent school;
"senior pupil" means a person who has attained the age of eleven years and six months but has not attained the age of nineteen years;
"special educational treatment" has the meaning assigned to it by paragraph (c) of sub-section (2) of section five of this Act;
"statutory declaration" means a declaration made by virtue of the Statutory Declarations Act 1835 (5 & 6 Will. 4 c. 62), or of any Act, Order in Council, rule or regulation applying or extending the provisions thereof;
"statutory period" means a period comprising five clays at least on which the Senate or the House of Commons (as the case may require) has sat, but not being in any case shorter in duration than ten days, such days being reckoned without regard to the question whether they are comprised in one or more than one session of Parliament;
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"superseded managers" has the meaning assigned to it by sub-section (5) of section fourteen of this Act;
"technical intermediate school" has the meaning, assigned to it by sub-section (5) of section fifteen of this Act;
"the Ministry" means the Ministry of Education;
"transferors" has the meaning assigned to it by sub-section (7) of section two of this Act;
"trust deed" includes any instrument regulating, the trusts or management of a school;
"young person" means a person over compulsory school age who has not attained the age of eighteen years.
(2) So long as any grant-aided school is used for providing both primary and secondary education, references in this Act to primary schools shall be construed as including references to that school and references therein to secondary schools shall be construed as excluding any references thereto:
Provided that where the primary education provided in any such school is provided in a separate junior or preparatory department, the Ministry may direct that the school shall be deemed for the purposes of this Act to be a secondary school and such references as aforesaid shall be construed accordingly.
(3) Any person who before the date of the commencement of Part I of this Act had attained an age at which his parent had ceased to be under any obligation imposed by or under section thirty of the Act of 1923, shall be deemed to be over compulsory school age, and any person who after the said date ceases to be of compulsory school age shall not, in the event of any subsequent change in the upper limit of the compulsory school age, again become a person of compulsory school age.
(4) Where at any time before the date of the commencement of Part I of this Act the premises of any school which was for the time being a public elementary school within the meaning of the enactments repealed by this Act have ceased by reason of war damage, or by reason of any action taken in contemplation or in consequence of war, to be used for the purposes of a school, then, for the purposes of this Act, the school, unless it has been closed in accordance with those enactments, shall be deemed to
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have been a public elementary school within the meaning of those enactments immediately before that date.
(5) In this Act, unless the context otherwise requires, references to any enactment or any provision of any enactment shall be construed as references to that enactment or provision as amended by any subsequent enactment, including this Act.
(6) References in this Act to enactments of the Parliament of the United Kingdom shall be construed as references to those enactments as they apply in Northern Ireland.
117 Saving as to persons of unsound mind and persons detained by order of a court
No power or duty conferred or imposed by this Act on the Ministry, on local education authorities, or on parents, shall be construed as relating to any person who is a person found idiot, lunatic, or of unsound mind and is under the care and custody of the Lord Chief Justice of Northern Ireland or of the judge of any civil bill court exercising by virtue of the County Court Jurisdiction in Lunacy (Ireland) Act 1880 (43 & 44 Vict. c. 39), the jurisdiction of the said Lord Chief Justice, or is the subject of an order under the Lunacy and Mental Treatment Acts (Northern Ireland), 1821 to 1932, or is being detained as a criminal lunatic in accordance with the provisions of the enactments relating to criminal lunatics in Northern Ireland, or is undergoing treatment as a voluntary patient under section one, or a temporary patient under section four, of the Mental Treatment Act (Northern Ireland) 1932 (22 & 23 Geo. 5. c. 15), or has been reported under sub-section (3) of section fifty-three of this Act as having been found incapable of receiving education at school, or to any person who is detained in pursuance of an order made by any court.
118 Commencement
Part IV of this Act shall come in to operation on the passing of this Act; Parts I and III of this Act shall come into operation on the first day of April, nineteen hundred and forty-eight; and Part II of this Act shall come in to operation on such date after the said first day of April as the Governor of Northern Ireland may by Order in Council appoint for the commencement of that Part.
119 Amendment of enactments and other instruments
(1) On and after the date of the commencement of Part I of this Act any enactment passed before that date and any regulation, Order in Council, order, scheme or other instrument in force at that date shall, unless the context otherwise requires, be construed as if -
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(a) for references therein to an elementary school or to a public elementary school (whether or not any reference is made therein to the payment of parliamentary grants in respect of the school) there were substituted references to a county school or voluntary school as the context may require;
(b) for references therein to a school certified by the Ministry, in accordance with the provision of Part IX of the Act of 1923, as suitable for providing education for blind, deaf, defective or epileptic children, there were substituted references to a special school;
(c) for references therein to elementary education or to higher education there were substituted references to such education as may be provided by a local education authority in the exercise of their functions under Part I of this Act;
(d) for references therein to an education authority there were substituted references to a local education authority within the meaning of this Act.
(2) The enactments mentioned in the first column of the Seventh Schedule to this Act shall, as from the date of the commencement of Part I of this Act, have effect subject to the amendments specified in the second column of that Schedule.
(3) For the purposes of any bye-laws under Part VII of the Act of 1923, the expression "child" shall have the same meaning as it has for the purposes of the said Part VII.
120 Repeal of enactments
The enactments set out in the Eighth Schedule to this Act are, to the extent mentioned in the third column of that Schedule, hereby repealed as from the date of the commencement of Part I of this Act;
Provided that, without prejudice to the provisions of section thirty-eight of the Interpretation Act 1889 -
(a) any regulation, Order in Council, order, scheme or other instrument in force under any enactment hereby repealed shall continue in operation and have effect as if made under this Act and may be varied or revoked accordingly;
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(b) any Order in Council made under section seventy-nine of the Act of 1923 applying as respects teachers in agricultural subjects any of the provisions of that Act shall, if in force at the date of the commencement of Part I of this Act, continue to have effect notwithstanding the repeal by this Act of any of the provisions so applied;
(c) in any case where, before the date of the commencement of Part I of this Act, a local education authority have submitted to the Ministry an order for the compulsory acquisition of land in accordance with the provisions of the Act of 1923, then, notwithstanding the repeal by this Act of those provisions, such further proceedings may be taken in relation thereto as could have been taken if this Act had not passed.
121 Short title
This Act may be cited as the Education Act (Northern Ireland) 1947.
SCHEDULES
FIRST SCHEDULE
Sections 11(1), (4), (5), 12 and 86(3)
TRANSFER OF SCHOOLS TO LOCAL EDUCATION AUTHORITIES
1. An arrangement for transferring a school to a local education authority may, subject as hereinafter provided, be made by the managers who, in making such an arrangement, may act by resolution or otherwise as follows:-
(a) where there is a trust deed of the school and that trust deed provides any manner in which or any assent with which a resolution or act binding the managers is to be passed or done, then in accordance with the provisions of that trust deed;
(b) where there is no such trust deed, or the trust deed contains no such provisions, then in the manner and with the assent, if any, in and with which it may be shown to the Ministry to have been usual for a resolution or act binding the managers to be passed or done;
(c) if no manner of assent can be shown to have been usual, then by a resolution passed by a majority of not less than two-thirds of those members of their body who are present at a meeting of the body summoned for the purpose, and vote on the question, and with the assent of any other person whose assent under the circumstances appears to the Ministry to be requisite.
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2. No such arrangement shall be of any effect unless
(a) the Ministry, and,
(b) if there are annual subscribers to the school, a majority, not being less than two-thirds in number, of those of the annual subscribers who are present at a meeting duly summoned for the purpose, and vote on the question,
consent to the arrangement.
3. An arrangement under this Schedule may provide for an absolute conveyance to a local education authority of all the interest in the premises of the school possessed by the managers or by any person who is trustee for them or for the school, or for the lease of the same with or without restrictions, and either at a nominal rent or otherwise, to the local education authority, or for the use by the local education authority of the premises during part of the week, and for the use of the same by the managers or some other person during the remainder of the week, or for any arrangement that may be agreed upon.
4. Any arrangement under this Schedule may also provide for the transfer to the local education authority of a teacher's residence held or used in connection with a school, or for the transfer or application, subject to the approval of the Ministry of Finance, of any endowment belonging to the school, or for a local education authority undertaking to discharge any debt charged on the school not exceeding the value of the interest in the premises or endowment transferred to them.
5. Where any arrangement is made under this Schedule, it shall be one of the terms of such arrangement that the trustees or owners of the school or endowment shall, in pursuance of such arrangement, execute a proper conveyance and take all necessary steps in law for the effective conveyance to the local education authority of all such interest in the premises or endowment as is vested in those trustees or owners, or such smaller interest as may be agreed upon in the arrangement.
6. Nothing in this Schedule shall authorise the managers to transfer any property which is not vested in them, or in a trustee for them, or held in trust for the school; and where any person has any right given him by the trusts of the school to use the school for any particular purpose independently of the managers, nothing in this Schedule shall authorise any interference with that right except with the consent of that person.
7. The Ministry shall consider and have due regard to any objections and representations respecting a proposed transfer of a school under this Schedule which may be made by any person, or by the representatives or successors of any person, who has contributed to the establishment of the school.
8. Where in the case of any proposed transfer of a school under this Schedule, it appears to the Ministry that there is any trustee of the school who is not a manager, the Ministry shall cause the managers to serve on that trustee, if his name and address are known, such notice as the Ministry thinks sufficient, and the Ministry shall consider and have due regard to any objections and representations he may make respecting the proposed transfer.
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9. Where a transfer of a school is made in pursuance of an arrangement under this Schedule, the consent of the Ministry shall, after the expiration of six months from the date of the transfer, be conclusive evidence that the arrangement has been made in conformity with this Act.
10. Where there is any instrument declaring the trusts of the school and that instrument contains any provision for the alienation of the school by any persons or in any manner or subject to any consent, any arrangement under this Schedule shall be made by the persons in the manner and with the consent so provided.
11. Where an arrangement under this Schedule provides for the transfer of a teacher's residence to the local education authority, this Schedule shall apply for the purposes of such transfer in like manner as it applies for the purposes of the transfer of a school.
SECOND SCHEDULE
Sections 35(8) and 95(2)
CONSTITUTION, POWERS, DUTIES, PROCEDURE ETC OF COMMITTEES
PART I
COUNTY EDUCATION COMMITTEES
The constitution, powers, duties and procedure of the education committee of a county and the term of office of the members of such committee shall, subject to the provisions of this Act, be such as may be determined by a scheme framed by the council of the county and approved by the Ministry:
Provided that the rules hereinafter set out shall, except to such extent as the Ministry may otherwise direct, be incorporated in every such scheme, that is to say:-
Time and method of appointing members
1. The members of the education committee shall be appointed at such time and in such manner as may be determined by the council subject to any direction which may be given in that behalf by the Ministry, and it shall be the duty of the council to act in accordance with such directions.
Term of office
2. The term of office of the members of an education committee shall be three years. A person going out of office, if otherwise qualified, may be re-appointed.
Casual vacancies
3. A casual vacancy occurring by reason of death, resignation or otherwise shall be filled by a qualified person appointed by the body or authority by whom the vacating member was appointed, and the person so appointed shall hold office until the time when the vacating member would have regularly gone out of office, and shall then go out of office, but may be re-appointed if otherwise qualified.
Chairman
4. Every education committee shall, at the first meeting of that committee, appoint one of their members to be chairman until the first meeting after the next triennial appointment, and may appoint a vice-chairman; and should the chairman and vice-chairman be absent from any meeting of the committee, the members present shall appoint one of themselves to be chairman of the meeting, and should a vacancy occur in the office of chairman before the first meeting after the next triennial appointment, it shall be filled by it new appointment. At
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every meeting the chairman shall have a casting, as well as a deliberative, vote.
Quorum
5. The quorum of an education committee shall be one-third of the total number of members of the committee.
Validity of proceedings
6. The proceedings of an education committee shall not be invalidated by any vacancy among the members, or by any defect in the appointment or qualification of any of the members thereof.
Minutes
7. Minutes of the proceedings of an education committee shall be kept in a book provided for the purpose, and a minute of such proceedings signed at the same or the next ensuing meeting by the chairman, or by a chairman purporting to be the chairman of the meeting of the committee at which the minute is signed, shall be received in evidence without further proof.
Accounts and audit
8. Accounts of the receipts and payments of every education committee, and of their sub-committees and officers, shall be kept and made up in such manner and form and to such dates as may be prescribed by the Ministry of Health and Local Government, and shall be audited by the same officers and in like manner as the accounts of county councils, and the provisions of any enactments applicable to the audit of accounts of county councils (including provisions which impose penalties or provide for the payment of sums) shall apply accordingly to the audit of the accounts of each education committee, as if the committee were a separate body.
Regulations and directions
9. An education committee shall act in accordance with any regulations and directions that may from time to time be made or given by the local education authority or by the Ministry.
Bye-laws and sub-committees
10. Subject to the provisions of this Act, an education committee may draw up standing orders for the conduct of their business and may from time to time appoint sub-committees consisting in whole or in part of members of the committee for the exercise of any of their powers, but no sub-committee shall, unless re-appointed, hold office for more than one year.
PART II
COUNTY BOROUGH EDUCATION COMMITTEES
The constitution, powers, duties and procedure of the education committee of a county borough, and the term of office of the members of such committee shall, subject to the provisions of this Act, be such as may be determined by a scheme framed by the council of the county borough and approved by the Ministry:-
Provided that -
(a) the minutes of all meetings of the education committee shall be presented to the council of the county borough acting in its capacity as a local education authority, and no action upon those minutes which involves expenditure shall be taken by the education committee unless and until those minutes are approved by the council acting as aforesaid; and
(b) the scheme shall make provision for the appointment by the education committee of sub-committees consisting in whole or in part of members of the education committee, for the exercise of any of the powers of that committee.
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PART III
SCHOOL MANAGEMENT COMMITTEES
The constitution, powers, duties and procedure of any school committee appointed in accordance with a scheme framed under this Act, and the term of office and qualification of the members of such committee shall, subject to the provisions of this Act, be such as may be determined by the scheme, and the scheme may apply to such committee, with the necessary modifications, all or any of the provisions of Part I of this Schedule.
THIRD SCHEDULE
Section 64(6)
PROVISIONS AS TO TRANSFER OF PROPERTY ETC TO LOCAL EDUCATION AUTHORITIES
1. Where any powers and duties are transferred by or under this Act from the council of a county district or a committee thereof, to a local education authority, the following provisions shall have effect, namely:-
(a) all property and rights enjoyed, and all liabilities incurred by the council or committee for the purpose of the exercise or performance of the powers or duties transferred from them to the local education authority (including any property or rights vested or arising or any liabilities incurred under any local Act or trust deed) shall, except where the Ministry otherwise directs, be transferred to the local education authority;
(b) any loans transferred to a local education authority under this Schedule shall, for the purpose of any limitation on the powers of the authority to borrow, be treated as money borrowed under this Act;
(c) in any instrument, contract or legal proceedings made or commenced in connection with the said powers and duties before the day appointed for the transfer to the local education authority, the name of the authority shall be substituted for the name of the council or committee;
(d) anything commenced by or on behalf of the council or committee in connection with the said powers and duties may thereafter be carried on and completed by the local education authority.
2. Where any powers and duties are transferred by or under this Act from any such council or committee as aforesaid, any existing officer of that council or committee employed immediately before the day appointed for the transfer in or about the execution of those powers and duties may, with the consent of such officer, be transferred to the local education authority, and if any such officer is so transferred the prior service of the officer under the council or committee from which he is transferred, shall, for the purpose of the grant of a superannuation allowance to such officer by the local education authority on his ultimate retirement, be reckoned as service under the local education authority.
3. If any question arises as to the application of any provision of this Schedule in any particular case, that question shall be determined by the Ministry, after consultation with the Ministry of Health and Local Government.
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FOURTH SCHEDULE
Sections 64(7) and 96(1)
COMPENSATION FOR LOSS OF OFFICE
1. The provisions of this Schedule shall have effect with respect to the determination and payment of compensation to officers to whom sub-section (7) of section sixty-four or section ninety-six of this Act applies.
2. The compensation payable to any such officer shall, be as follows:
(a) in the case of an officer who had been at least ten years in the employment of the local education authority, an annual allowance calculated on the basis of one-sixtieth of the amount of that officer's annual remuneration for every completed year of service before the relevant date, subject to a maximum of forty-sixtieths of the said amount;
(b) in the case of an officer who had been for less than ten years in such employment, a gratuity calculated on the basis of one-twelfth of the amount of that officer's annual remuneration for every completed year of service before the relevant date.
The annual remuneration of an officer shall, for the purposes of this paragraph, be taken to be the annual remuneration and emoluments applicable to his employment during the period of twelve months next preceding the relevant date.
3. In calculating for the purposes of the last preceding paragraph the years of service of an officer, one-half of any period during which he was employed by the authority as a part-time officer prior to his employment as a full-time officer, shall be reckoned as whole-time employment.
4. The compensation payable to an officer shall be paid as from the cesser [ceasing] of his employment with the local education authority.
5. It shall be the duty of the local education authority to investigate the right of any officer to compensation under this Schedule and the amount of the compensation payable to any officer thereunder, and to submit the results of such investigation to the Ministry, and the Ministry shall thereupon determine the right to, and the amount of, such compensation and any question arising thereon.
6. Any such compensation as aforesaid shall be paid by the local education authority as part of the expenses of the authority.
7. In this Schedule the expression "relevant date" has the meaning assigned to that expression by section ninety-six of this Act.
8. In the application of this Schedule to officers to whom sub-section (7) of section sixty-four of this Act applies, the foregoing provisions shall have effect subject to the following modifications:-
(a) in paragraphs 2 and 4 for any reference to the local education authority there shall be substituted a reference to the council of the county district or to the committee by whom the officer was employed;
(b) in paragraphs 5 and 6 any reference to the local education authority shall be construed as a reference to the local education authority in whose favour the council have relinquished their powers and duties under the said section;
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(c) paragraph 7 shall not apply; and
(d) for any reference to the relevant date there shall be substituted a reference to the date on which the officer ceased to be employed by the council or committee.
FIFTH SCHEDULE
Section 95(2)
APPLICATION OF PROVISIONS OF THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND), 1934
1. Section twenty-two of, and the Second Schedule to, the Local Government Act (Northern Ireland) 1934 (in this Schedule referred to as "the Act") shall have effect subject to the modifications and adaptations set out in the following paragraphs of this Schedule.
2 (1) The following sub-section shall be substituted for subsection (1) of section twenty-two of the Act:-
"(1) A vesting order shall vest the land to which it relates in the local education authority in accordance with, and subject to, the provisions of the Second Schedule to this Act."
(2) In sub-section (2) of the said section references to the Ministry of Health and Local Government shall be construed as references to the Ministry and references to the local authority shall be construed as references to the local authority acting in their capacity as a local education authority.
(3) Sub-sections (3), (4) and (5) of the said section shall not have effect.
3. In the Second Schedule to the Act -
(a) references to the Ministry of Health and Local Government shall be construed as references to the Ministry;
(b) references to the local authority shall be construed as references to the local authority acting in their capacity as a local education authority;
(c) articles 2 and 5 shall respectively have effect so as to require notice of the application and notice of the vesting order to be given to the planning authority for the area to which the application relates, as well as being given as provided by the said articles;
(d) article 27 shall have effect as if for the words "area of the local authority" there were substituted the words "locality where the land is situate."
SIXTH SCHEDULE
Sections 104(1) and 105(1), (2)
PART I
THE SPECIFIED ITEMS OF EXPENDITURE
The following items of expenditure are the specified items for the purposes of sections one hundred and four and one hundred and five of this Act (in this Schedule referred to as "the specified items"):
(a) salaries and other allowances payable (whether by the Ministry or by any local education authority) under any regulations of the Ministry for the time being in force -
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(i) to full-time teachers in primary, intermediate and special schools;
(ii) to full-time teachers in county grammar schools and in institutions for further education under the control of local education authorities;
(b) scholarships awarded by local education authorities under sub-section (1) of section seventy-six of this Act;
(c) annual re-payments in respect of the principal and interest of loans raised after the date of the commencement of Part III of this Act, with the approval of the Ministry, by local education authorities for the purposes of this Act;
(d) the cost to local education authorities of the provision of transport facilities under section fifty-one of this Act.
PART II
CALCULATION OF AMOUNT OF CONTRIBUTION PAYABLE UNDER SECTION ONE HUNDRED AND FIVE OF THIS ACT
1. Before the first day of February, in the year nineteen hundred and fifty, and in each subsequent year, the Ministry shall estimate the amount required to meet the expenditure to be incurred on the specified items during the next following financial year (in this Schedule referred to as "the estimated expenditure").
2. Thirty-five per cent. of the amount by which the estimated expenditure in any year exceeds the sum of two million, two hundred and twenty-five thousand pounds shall be paid by the councils of counties and county boroughs in accordance with the following provisions of this Schedule.
3. If the actual expenditure in the last financial year exceeded or fell short of the estimated expenditure for that year the aggregate contribution for that year shall be re-calculated on the basis of the actual expenditure, and an adjustment shall be made in the aggregate contribution for the next financial year to take account of the overpayment or under-payment, as the case may be. The aggregate contribution as so adjusted is in this Schedule referred to as "the adjusted aggregate contribution."
4. The contribution payable by the council of each county and county borough shall be an amount which bears to the rateable value of the county or county borough the same proportion as the aggregate contribution or the adjusted aggregate contribution, as the case may be, bears to the rateable value of Northern Ireland as a whole.
5. The amount of contribution payable by the council of each county and county borough shall be ascertained by the Ministry in accordance with the foregoing provisions of this Part of this Schedule, and the Ministry shall, not later than the first day of February immediately preceding the beginning of the financial year in respect of which the contribution is to be paid, notify the council of the amount payable by them in respect of that year.
6. In this Schedule the expression "rateable value" has the meaning assigned to it by section one hundred and five of this Act.
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SEVENTH SCHEDULE
Section 119(2)
ENACTMENTS AMENDED FROM DATE OF COMMENCEMENT OF PART I OF THlS ACT
Enactment to be amended. | Amendment. |
The Children Act 1908. Section one hundred and eighteen | In sub-section (1) after the words "the age of five" there shall be inserted the words "or any young person who has not attained the age at which under the enactments relating to education children cease to be of compulsory school age," and for the words from "is totally exempted" to the end of the sub-section there shall be substituted the words "or young person is not, by being so taken with him, prevented from receiving efficient full-time education suitable to his age, ability and aptitude, be liable on summary conviction to a fine not exceeding twenty shillings"; in sub-section (2) after the word "child," in both places where that word occurs, there shall be inserted the words "or young person"; for sub-section (3) there shall be substituted the following sub-sections:-
"(3) Where in any proceedings for an offence against this section it is proved that the parent or guardian of the child or young person is engaged in any trade or business of such a nature as to require him to travel from place to place, the person against whom the proceedings were brought shall be acquitted if it is proved that the child or young person has attended a school at which he was a registered pupil as regularly as the nature of the trade or business of the parent or guardian permits:
Provided that in the case of a child or young person who has attained the age of six years the person against whom the proceedings were brought shall not be entitled to be acquitted under this subsection unless he proves that the child has made at least one hundred attendances during the period of twelve months ending with the date on which the proceedings were instituted.
|
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Enactment to be amended. | Amendment. |
The Children Act 1908. - cont. | (4) The power of the Ministry of Education to make regulations under the enactments relating to education shall include a power to make regulations as to the issue of certificates of attendance for the purpose of the last foregoing sub-section." |
The Education Act (Northern Ireland) 1923. Section thirty-six | For any reference to the age of twelve there shall be substituted a reference to any age not less than two years below that at which under the enactments relating to education children cease to be of compulsory school age, and for any reference to the age of fourteen there shall be substituted a reference to the age at which under the said enactments children cease to be of compulsory school age. |
Section thirty-seven | For the reference to the age of fourteen there shall be substituted a reference to the age at which under the enactments relating to education children cease to be of compulsory school age. |
Section seventy | The reference to the Ministry shall be construed as a reference to the Ministry of Education. |
The Factories Act (Northern Ireland) 1938. Section one hundred and fifty-eight. | In the definition of "young person" for the words "attained the age of fourteen and" there shall be substituted the words "cease to be a child but," and the words from "but does not include" to the end of the definition shall be omitted. |
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EIGHTH SCHEDULE
Section 120
ENACTMENTS REPEALED FROM DATE OF COMMENCEMENT OF PART I OF THIS ACT
Session and Chapter. | Short Title. | Extent of Repeal. |
1 Edw. 7. c. 22. | The Factory and Workshop Act 1901. | Section one hundred and thirty-four so far as unrepealed. |
13 & 14 Geo. 5 c. 21. | The Education Act (Northern Ireland) 1923. | The whole Act, except sections thirty-six, thirty-seven, forty to forty-four, forty-six, seventy, seventy-one, sub-sections (1) and (2) of section seventy-eight, sections seventy-nine, eighty-five (so far as it relates to bye-laws made under section thirty-six or thirty-seven), ninety, ninety-one, ninety-two and ninety-five (so far as they relate to proceedings under Part VII of the Act), subsection (3) of section one hundred and one (so far as it relates to public inquiries by the Ministry of Home Affairs) and sections one hundred and two to one hundred and five. |
15 Geo. 5. c. 1. | The Education Act (Northern Ireland) 1925. | The whole Act. |
15 & 16 Geo 5. c. 27. | The Education (Administrative Provisions) Act (Northern Ireland) 1925. | The whole Act. |
18 & 19 Ge. 5. c. 7. | The Education Associations Act (Northern Ireland) 1928. | The whole Act. |
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Session and Chapter. | Short Title. | Extent of Repeal. |
20 & 21 Geo. 5. c. 14. | The Education Act (Northern Ireland). 1930. | The whole Act, except section thirty-one and the Schedule. |
21 & 22 Geo. 5. c. 13. | The Education Act (Northern Ireland) 1931. | The whole Act. |
25 & 26 Geo. 5. c. 8. | The Education (Administrative Matters) Act (Northern Ireland) 1935. | The whole Act. |
2 Geo. 6. c. 12. | The Physical Training and Recreation Act (Northern Ireland) 1938. | In sub-section (1) of section three, in paragraph (a) the words "(other than the manager or governing body of a school to which paragraph (e) of this sub-section applies)", in paragraph (b) the words "or an education authority," paragraph (c), and the words from "For the purposes of this subsection" to the end of the sub-section; sub-sections (4) and (5) of section three; sub-section (5) of section five; in sub-section (1) of section eight the definitions of "education authority" and "manager" and in the definition of "Local authority" the words "or an education authority." |
2 Geo. 6. c. 20. | The Education Act (Northern Ireland) 1938. | The whole Act. |
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Session and Chapter. | Short Title. | Extent of Repeal. |
2 Geo. 6. c. 23. | The Factories Act (Northern Ireland) 1938. | In sub-section (1) of section one hundred and fifty-eight, in the definition of "young person" the words from "but does not include" to the end of the definition. |
4 & 5 Geo. 5. c. 5. | The Education (School-leaving Age) Act (Northern Ireland) 1940. | The whole Act. |