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APPENDIX IV
EDUCATION ACT 1944, SECTIONS 43-46
County Colleges
43. (1) On and after such date as His Majesty may by Order in Council determine, not later than three years after the date of the commencement of this Part of this Act, it shall be the duty of every local education authority to establish and maintain county colleges, that is to say, centres approved by the Minister for providing for young persons who are not in full-time attendance at any school or other educational institution such further education, including physical practical and vocational training, as will enable them to develop their various aptitudes and capacities and will prepare them for the responsibilities of citizenship.
(2) As soon after the date of the commencement of this Part of this Act as the Minister considers it practicable so to do, he shall direct every local education authority to estimate the immediate and prospective needs of their area with respect to county colleges having regard to the provisions of this Act, and to prepare and submit to him within such time and in such form as may be specified in the direction a plan showing the provision which the authority propose to make for such colleges for their area, and the plan shall contain such particulars as to the colleges proposed to be established as may be specified in the direction.
(3) The Minister shall, after considering the plan submitted by a local education authority and after consultation with them, make an order for the area of the authority specifying the county colleges which it is the duty of the authority to maintain, and the order shall require the authority to make such provision for boarding accommodation at county colleges as the Minister considers to be expedient: the order so made for any area shall continue to regulate the duties of the local education authority in respect of the matters therein mentioned and shall be amended by the Minister, after consultation with the authority, whenever in his opinion the amendment thereof is expedient by reason of any change or proposed change of circumstances.
(4) The Minister may make regulations as to the maintenance government and conduct of county colleges and as to the further education to be given therein.
Duty to attend County Colleges in accordance with College attendance notices
44. (1) This section shall come into operation on such date as soon as practicable after the date determined by Order in Council under the last foregoing section as the Minister may by order direct.
(2) It shall be the duty of the local education authority to serve upon every young person residing in their area who is not exempt from compulsory attendance for further education a notice (hereinafter referred to as a "college attendance notice") directing him to attend at a county college, and it shall be the duty of every young person upon whom such a notice is served to attend at the county college named in the notice in accordance with the requirements specified therein.
(3) Subject to the provisions of the next following subsection, the requirements specified in a college attendance notice shall be such as to secure the attendance of the person upon whom it is served at a county college -
(a) for one whole day, or two half-days, in each of forty-four weeks in every year while be remains a young person; or
(b) where the authority are satisfied that continuous attendance would be more suitable in the case of that young person, for one continuous period of eight weeks, or two continuous periods of four weeks each, in every such year;
and in this section the expression "year" means, in relation to any young person, in the case of the first year the period of twelve months beginning with the first
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day on which he is required by a college attendance notice served on him to attend a county college, and in the case of every subsequent year the period of twelve months beginning immediately after the expiration of the last preceding year:
Provided that in respect of the year in which the young person attains the age of 18 the requirements specified in the notice shall be reduced to such extent as the local education authority think expedient for securing that the attendances required of him until he attains that age shall be as nearly as may be proportionate to those which would have been required of him during a full period of twelve months.
(4) If, by reason of the nature of the employment of any young person or of other circumstances affecting him, the local education authority are satisfied that attendance in accordance with the provisions of the last foregoing subsection would not be suitable in his case, a college attendance notice may, with the consent of the young person, require his attendance in accordance with such other arrangements as may be specified in the notice, so, however, that the requirements specified in the notice in accordance with such arrangements as aforesaid shall be such as to secure the attendance of the young person for periods amounting in the aggregate to 330 hours in each year, or, in the case of the year in which he attains the age of 18, to the proportionately reduced number of hours.
(5) Except where continuous attendance is required, no college attendance notice shall require a young person to attend a county college on a Sunday or on any day or part of a day exclusively set apart for religious observance by the religious body to which he belongs, or during any holiday or half-holiday to which by any enactment regulating his employment or by agreement be is entitled, or, so far as practicable, during any holiday or half-holiday which is allowed in accordance with any custom of his employment, or between the hours of six in the evening and half-past eight in the morning:
Provided that the Minister may, on the application of any local education authority, direct that in relation to young persons in their area or in any part thereof employed at night or otherwise employed at abnormal times this subsection shall have effect as if for the reference to the hours of six in the evening and half-past eight in the morning there were substituted a reference to such other times as may be specified in the direction.
(6) The place, days, times, and periods, of attendance required of a young person, and the period for which the notice is to be in force, shall be specified in any college attendance notice served on him; and the requirements of any such notice in force in the case of a young person may be amended as occasion may require either by the authority by whom it was served on him or by any other local education authority in whose area he may for the time being reside, so, however, that the provisions of every such notice shall be such as to secure that the requirements imposed on the young person during each year while he remains a young person shall comply with the provisions of the last three foregoing subsections.
(7) In determining what requirements shall be imposed upon a young person by a college attendance notice or by any amendments to such a notice, the local education authority shall have regard, so far as practicable, to any preference which he, and in the case of a young person under the age of 16 years his parent, may express, to the circumstances of his employment or prospective employment, and to any representations that may be made to the authority by his employer or any person proposing to employ him.
(8) The following persons shall be exempt from compulsory attendance for further education, that is to say -
(a) any person who is in full time attendance at any school or other educational institution (not being a county college);
(b) any person who is shown to the satisfaction of the local education authority to be receiving suitable and efficient instruction either full-time or for such times as in the opinion of the authority are equivalent to not less than 330 hours instruction in a period of twelve months;
(c) any person who having been exempt under either of the last two foregoing paragraphs did not cease to be so exempt until after he had attained the age of seventeen years and eight months;
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(d) any person who is undergoing a course of training for the mercantile marine or the sea fishing industry approved by the Minister or who, having completed such a course, is engaged in the mercantile marine or in the, said industry;
(e) any person to whom, by reason of section 115 or section 116 of this Act, the duties of local education authorities do not relate;
(f) any person who attained the age of 15 years before the date on which this section comes into operation, not being a person who immediately before that date was required to attend a continuation school under the provisions of the Education Act, 1921.
If any person is aggrieved by a decision of a local education authority given under paragraph (b) of this subsection, he may refer the question to the Minister, who shall give such direction thereon as he thinks fit.
(9) If any young person upon whom a college attendance notice has been served fails to comply with any requirement of the notice, he shall be guilty of an offence against this section unless he proves either -
(a) that he was at the material time exempt from compulsory attendance for further education; or
(b) that he was prevented from complying with the requirement by reason of sickness or any unavoidable cause; or
(c) that the requirement does not comply with the provisions of this section.
Administrative provisions for securing attendance at County Colleges
45. (1) For the purpose of facilitating the execution by local education authorities of their functions under the last foregoing section, the following provisions shall, on and after the date on which that section comes into operation, have effect, that is to say:
(a) every young person who is not exempt from compulsory attendance for further education shall at all times keep the local education authority in whose area he resides informed of his proper address;
(b) any person by whom such a young person as aforesaid is employed otherwise than by way of casual employment shall notify the local education authority for the area in which the young person resides when the young person enters his employment and again when he ceases to be employed by him, and shall also notify the authority of any change of address of the employer, and, if known to him, of the young person, which occurs during the continuance of the employment;
and any person who fails to perform any duty imposed on him by the foregoing provisions of this section shall be guilty of an offence against this section.
(2) The local education authority by whom a college attendance notice is served upon any young person shall serve a copy thereof upon any person who notifies the authority that the young person is employed by him.
(3) The Minister may by regulations make provision as to the form of college attendance notices, as to consultation and the exchange of information between different local education authorities, as to the issue of certificates of exemption in respect of young persons who are exempt from compulsory attendance for further education, and generally for the purpose of facilitating the administration by local authorities of the provisions of this Part of this Act as to attendance at county colleges.
(4) The Minister and the Minister of Labour shall issue instructions to local education authorities and to local offices of the Ministry of Labour respectively for ensuring due consultation and exchange of information between such authorities and offices.
(5) Any certificate of exemption in the prescribed form purporting to be authenticated in the prescribed manner shall be received in evidence in any legal proceeding, and shall unless the contrary is proved, be sufficient evidence of the fact therein stated.
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Enforcement of attendance at County Colleges
46 (1) Any person guilty of an offence against either of the last two foregoing sections shall be liable on summary conviction, in the case of a first offence against that section to a fine not exceeding one pound, in the case of a second offence against that section to a fine not exceeding five pounds, and in the case of a third or subsequent offence against that section to a fine not exceeding ten pounds or to imprisonment for a term not exceeding one month or to both such fine and such imprisonment.
(2) It shall be the duty of the local education authority in whose area the young person in question resides to institute proceedings for such offences as aforesaid wherever, in their opinion, the institution of such proceedings is expedient, and no such proceedings shall be instituted except by or on behalf of a local education authority.
(3) If, in furnishing any information for the purposes of either of the last two foregoing sections, any person makes any statement which he knows to be false in any material particular, or recklessly makes any statement which is false in any material particular, he shall be liable on summary conviction to a fine not exceeding twenty pounds or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.
(4) Without prejudice to the provisions of any enactment or rule of law relating to the aiding and abetting of offences, if the parent of a young person or any person by whom a young person is employed or the servant or agent of any such person has conduced to or connived at any offence committed by the young person against either of the last two foregoing sections, the person who has conduced to or connived at the offence shall, whether or not any person is proceeded against or convicted in respect of the offence conduced to or connived at, be guilty of the like offence and punishable accordingly.
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Publications of the
MINISTRY OF EDUCATION
GENERAL
A GUIDE TO THE EDUCATIONAL SYSTEM OF ENGLAND AND WALES. (Pamphlet No. 2.) 1945. 1s. (1s. 1d.).
THE EDUCATION ACT, 1944. 2s, (2s. 2d.).
PRIMARY AND SECONDARY EDUCATION
THE NATION'S SCHOOLS: THEIR PLAN AND PURPOSE. (Pamphlet No. 1.) 1945. 6d. (7d.).
PRIMARY AND SECONDARY SCHOOLS (GRANT CONDITIONS) REGULATIONS. (S.R. & O. 1945, No. 636.) May 1945. 5d. (6d.).
CIRCULAR No. 30. March 1945. Deals with the Regulations, and in particular with the qualifications of teachers in maintained schools. 1d. (2d.).
CIRCULAR No. 32. March 1945. Deals with new conditions for Direct Grant recognition of certain grammar schools. 1d. (2d.).
BUILDING REGULATIONS FOR PRIMARY AND SECONDARY SCHOOLS. (S.R. & O. 1945, No. 345.) March 1945. 6d. (7d.).
MEMORANDUM ON THE BUILDING REGULATIONS. April 1945. 6d. (7d.).
CIRCULAR No. 10. November 1944. Deals with the Building Regulations. 1d. (2d.).
REPORT OF THE NORWOOD COMMITTEE ON THE CURRICULUM AND EXAMINATIONS IN SECONDARY SCHOOLS. 1943. 1s. 6d. (1s. 8d.).
REPORT OF THE FLEMING COMMITTEE ON THE PUBLlC SCHOOLS AND THE GENERAL EDUCATIONAL SYSTEM. 1944. 1s. 6d. (1s. 8d.).
STANDARD CONSTRUCTION FOR SCHOOLS. Post-war Building Studies No. 2. (Ministry of Works.) 1944., 6d. (7d.).
REPORT OF THE LOVEDAY COMMITTEE ON THE PROVISION IN SECONDARY SCHOOLS OF COURSES PREPARATORY TO AGRICULTURAL EMPLOYMENT. (Issued jointly with the Ministry of Agriculture and Fisheries.) 1945. 3d. (4d.).
MEDICAL SERVICES, SCHOOL MEALS AND MILK
HANDICAPPED PUPILS AND SCHOOL HEALTH SERVICES REGULATIONS. August 1945. 4d. (5d.).
CIRCULAR No. 41. April 1945. Deals with the Regulations. 2d. (3d.).
PROVISION OF MILK AND MEALS REGULATIONS. (S.R. & O. 1945, No. 698.) June 1945. 1d. (2d.).
CIRCULAR No. 34. March 1945. Deals with the Regulations. 1d. (2d.).
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TRAINING OF TEACHERS
REPORT OF THE McNAIR COMMITTEE ON THE TRAINING AND RECRUITMENT OF TEACHERS AND YOUTH LEADERS. 1944. 2s. (2s. 3d.).
CIRCULAR No. 18, December 1944, 1d. (2d.). This and BOARD OF EDUCATION CIRCULAR No. 1652, May 1944, 2d. (3d.), deal with the scheme for providing intensive "emergency" courses for men and women demobilised from the Forces or released from civilian national service.
TEACHERS' EMERGENCY TRAINING (STUDENTS' GRANTS) PROVISIONAL REGULATIONS, 1945. 1d. (2d.).
TEACHING AS A CAREER. For men and women released from H.M. Forces and other forms of National Service. 1945. 3d. (4d.).
FURTHER EDUCATION
FURTHER EDUCATION GRANT REGULATIONS, 1945. (Draft.) 2d, (3d.).
REPORT ON COMMUNITY CENTRES. 1944. 9d. (10d.).
BUILDING CRAFTS. (Pamphlet No. 4.) 1945. 1s. (1s. 2d.).
YOUTH SERVICE
THE YOUTH SERVICE AFTER THE WAR. Report of the Youth Advisory Council. 1943. 6d. (7d.).
THE PURPOSE AND CONTENT OF THE YOUTH SERVICE. Report of the Youth Advisory Council. 1945. 4d. (5d.).
POST-WAR YOUTH SERVICE IN WALES. Report of the Welsh Youth Committee. 1945. 4d. (5d.).
YOUTH REGISTRATION IN 1942. (Cmd. 6446.) 1943. 6d. (8d.).
YOUTH IN A CITY. Educational Pamphlet No. 117. 1943. 2d. (3d.).
SIMPLE HEALTH HINTS. Notes for the use of Youth Group Leaders. Revised October 1943. 3d. (4d.).
SCHOLARSHIPS AND AWARDS
REGULATIONS FOR SCHOLARSHIPS AND OTHER BENEFITS. (S.R. & O. 1945, No. 666.) May 1945 1d. (2d.).
CIRCULAR No. 26. March 1945. Deals with the Regulations. 1d. (2d.).
FURTHER EDUCATION AND TRAINING PROVISIONAL GRANT REGULATIONS, 1945.1d. (2d.).
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