Technical Schools (Scotland) Act 1887
This Act empowered school boards in Scotland to set up technical schools, and laid down the conditions under which they were to be conducted. In practice, few such schools were opened.
The printed version of this Act does not have a preliminary page setting out the contents, so I have created it here. The page number in this section (i) is therefore arbitrary.
The text of the Technical Schools (Scotland) Act 1887 was prepared by Derek Gillard and uploaded on 25 June 2019.
Technical Schools (Scotland) Act 1887
© Crown copyright material is reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland.
1 Short title and construction
An Act to facilitate the Establishment of Technical Schools in Scotland. [16th September 1887.]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1 Short title and construction
This Act way be cited as the Technical Schools (Scotland) Act 1887, and shall in so far as consistent with the tenor thereof be construed as one with the Education (Scotland) Acts 1872 to 1883.
2 Commencement and extent of Act
This Act shall commence to have effect in each parish and burgh in Scotland from and after the next ensuing triennial election of a school board therein respectively, and shall apply to Scotland only.
3 Power for school board to provide technical schools
(1) A school board may pass a resolution that it is expedient to provide a technical school for its district, and thereupon may, subject to the provisions of this Act, provide such a school accordingly, and pay the expenses of providing and maintaining the school, including the expense, if any, of providing tools, apparatus, and drawing and other materials, in so far as the same remain the property of the school board, out of the school fund.
The subjects to be taught in the school shall be such as may from time to time be approved of by the Scotch Education Department.
The school board shall fix the school fees to be paid for attendance at each technical school under their management, and such fees shall be paid to the treasurer of the board, and a separate account shall be kept of the amount of the fees derived from such school, and it shall be lawful for the school board, if they see fit, to pay to the teachers of a technical school the fees derived from such school, and to divide the same among them as the school board shall determine. Any deficiency which may exist on the technical school account shall be payable out of the school fund provided under the Education (Scotland) Acts 1872 to 1883.
(2) If the resolution is not confirmed as herein-after mentioned, it shall not be carried into effect, and shall not be again proposed until the expiration of not less than twelve months.
4 Provision for confirmation of resolution with reference to establishment of school
A resolution of a school board, as in the last section mentioned, shall be of no effect unless and until -
(1) It is confirmed at a subsequent meeting of the school board held after the resolution has been published in the prescribed manner, and after the expiration of the prescribed time, being not earlier than one month after the first publication of such resolution; and
(2) It is confirmed by the Scotch Education Department by a Minute or Order.
5 Conditions under which schools are to be conducted
(1) Every school provided under this Act if it claim a grant from the Department of Science and Art shall, with respect to any subject for which such grant is claimed, be conducted in accordance with the conditions specified in the Minutes of the Department of Science and Art in force for the time being, and required to be fulfilled by such a school in order to obtain a grant from that Department.
(2) Those conditions shall, amongst other things, provide that a grant shall not be made by the Department of Science and Art in respect of a scholar admitted to the school unless or until he has obtained such a certificate from the Scotch Education Department, as is herein-after mentioned.
(3) A Minute of the Department of Science and Art not in force at the passing of this Act shall not be deemed to be in force for the purposes of this Act until it has lain for not less than one month during one session on the Table of both Houses of Parliament.
6 School for subjects other than those for which grant is claimed to be conducted under Scotch Code
Every school provided under this Act shall, in respect to all subjects other than those for which a grant is claimed from the Science and Art Department, be conducted in accordance with the conditions which may from time to time be set forth in the Scotch Education Code annually laid before Parliament under the heading "Technical Schools."
7 Duties and powers of school board with respect to technical schools
(1) Every school board providing a technical school shall, subject to the provisions of this Act, maintain and keep efficient the school so provided.
(2) For the purpose of providing any such school, a school board shall have the same powers, but subject to the same conditions, as
a school board has for providing sufficient school accommodation for its district.
(3) For the purpose of maintaining any such school, a school board shall have the same powers, but subject to the same conditions, as a school board has in regard to the maintenance of a higher class public school under section eighteen of the Education (Scotland) Act 1878.
(4) A school board may, with the consent of the Scotch Education Department, use for the purposes of a technical school any buildings, or part of any buildings, vested therein for the purposes of the Education (Scotland) Acts 1872 to 1883, and a school board or combination of school boards may, with the consent of the Scotch Education Department, use for the purposes of the Education (Scotland) Acts 1872 to 1883, any buildings, or part of any buildings, authorised by this Act.
(5) A school board may, with the consent of the Scotch Education Department, spread the payment of the expense of providing a technical school over a number of years, not exceeding thirty-five years, unless with the sanction of the Treasury, and in any case not exceeding fifty, and may borrow money for that purpose; and for the purpose of such borrowing, section forty-five of the Education (Scotland) Act 1872, shall be held to apply to the loan, and such provision shall be deemed to be a work for which a school board is authorised to borrow, and the Public Works Loan Commissioners are authorised to lend, within the meaning of the ninth section and the First Schedule of the Public Works Loans Act 1875.
(6) Where a school board has provided any such school, it may discontinue the school or change the site thereof, if it satisfies the Scotch Education Department that the school to be discontinued is unnecessary, or that the change of site is expedient
8 Combination of school boards to provide technical school
Any two or more school boards may resolve to combine together for the purpose of providing and maintaining a technical school under this Act common to the districts of such school boards, provided that no such resolution shall have any effect unless and until it has been published and confirmed in manner herein-before provided; and if such resolution is confirmed as aforesaid, the same provision shall l have effect as in the case of a resolution to provide a technical school, and if the resolution is carried into effect the expenses of providing or maintaining the school, and the sum necessary to meet any deficiency on the technical school account shall be paid out of the school funds of the combining school boards in terms of the said resolution.
9 Transference of existing technical schools etc
The provisions of sections thirty-eight and thirty-nine of the Education (Scotland) Act 1872, with respect to the transference of schools in pursuance of those sections, shall apply to technical schools now existing, or which may hereafter exist, in the same manner as they now apply to the schools which may presently be transferred in pursuance of those sections.
10 Scholars admissible to technical schools
No scholar shall be admitted to a technical school unless or until he has obtained a certificate under section seventy-three of the Education (Scotland) Act 1872, as amended by section seven
of the Education (Scotland) Act 1883, or an examination equivalent thereto.
11 Technical schools deemed public. Effect of attendance
A technical school provided and maintained under this Act shall be deemed to be a public school, but attendance thereat shall not be reckoned as attendance for the purpose of any grant from moneys voted by Parliament under the Education (Scotland) Acts 1872 to 1883.
In this Act -
The expression "technical school" means a school or department of a school in which technical instruction is given, and school board shall include combination of school boards.
The expression "technical instruction" means instruction in subjects approved by the Scotch Education Department, and in the branches of science and art with respect to which grants are for the time being made by the Department of Science and Art, or in any other subject which may for the time being be sanctioned by that Department.
The expression "prescribed" means prescribed by the Scotch Education Department.