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Education Act (Northern Ireland) 1947

This is an Act of the Northern Ireland Parliament (not the UK Parliament in Westminster). It is chapter 3 for the year 1947.

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Education Act (Northern Ireland) 1947

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1947. Chapter 3.

An Act to reform the law relating to education in Northern Ireland and for purposes connected with the said matter.

[27th March, 1947.]

BE it enacted by the King's most Excellent Majesty, and the Senate and the House of Commons of Northern Ireland in this present Parliament assembled, and by the authority of the same, as follows:-

PART I.

THE STATUTORY SYSTEM OF EDUCATION.

ADVISORY COUNCIL AND LOCAL EDUCATION AUTHORITIES.

Advisory Council for Education.

1.-(1) There shall be an Advisory Council for Education and it shall be the duty of this Council to advise the Ministry of Education (in this Act referred to


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as "the Ministry") upon such matters connected with educational theory and practice as they think fit, and upon any questions referred to them by the Ministry.

(2) The members of the Advisory Council shall be appointed by the Minister of Education (in this Act referred to as "the Minister") and the Minister shall appoint a member of the Council to be Chairman thereof and shall appoint an officer of the Ministry to be secretary thereto.

(3) The Ministry shall by regulations make provision as to the term of office and conditions of retirement of the members of the Advisory Council and such regulations may provide for periodical or other meetings of the Council and as to the procedure thereof, but, subject to the provisions of any such regulations, the meetings and procedure of the Council shall be such as may be determined by them.

Local education authorities and committees.

2.-(1) For the purposes of this Act the council of each county and county borough shall be a local authority for education (in this Act referred to as a "local education authority") and the county or county borough shall, for those purposes, form the education area of the local education authority.

(2) Subject to the provisions of this Act, the powers and duties under this Act of a local education authority shall, except as respects the raising of money by rate or loan, the general control of expenditure to such extent as may be retained by the authority themselves, and the acquisition, holding and disposal of land, be exercised and performed through an education committee constituted in accordance with a scheme framed by the authority and approved by the Ministry.

(3) Subject to tho provisions of sub-section (5) of this section, every scheme constituting an education committee for a county shall be framed so as to secure, so far as is practicable, that the committee shall consist, unless the Ministry otherwise determines, of not less than eighteen nor more than twenty-four persons appointed by the council of the county, and shall include -

(a) persons who are members of the council of the county;

(b) persons nominated by the councils of the urban and rural districts in the education area, either from members of those councils or from other


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persons, as the said councils think fit ; and

(c) other persons interested in education.

(4) Subject to the provisions of the next following sub-section, the education committee of a county borough shall consist of not less than eighteen nor more than twenty-four members appointed by the council of the county borough either from members of their own body or partly from those members and partly from other persons interested in education as the council think fit.

(5) The Minister shall appoint as additional members of each education committee persons who, in his opinion, are representative of the transferors by whom any schools in the education area of the committee have been transferred to the local education authority, and such appointments shall be made after consultation with the transferors (to such extent as may seem to the Minister practicable and expedient) and with the local education authority concerned. In determining the number of representative persons to be so appointed as members of an education committee the Minister shall have regard to the number of schools transferred as aforesaid, but such members shall not in any case exceed in number one-fourth of the total number of members of the committee (including the members appointed by the Minister).

(6) For the purpose of securing that their functions shall be exercised with due regard to the circumstances affecting different parts of their area, an education committee may, in accordance with schemes framed by the committee and approved by the Ministry, provide for the constitution of committees, to be known as district committees, for the purpose of exercising on behalf of the education committee, in such districts as may be specified by the scheme, such functions relating to education as may be so specified.

(7) In this Act the expression "transferors" means any trustees, persons or body of persons by whom a school has been transferred to the education authority under the Act of 1923 or to the local education authority under this Act, and includes trustees appointed in place of such trustees, the representatives of such persons, and the successors of such body as aforesaid.


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Transfer of certain officers and functions to local education authorities.

3.-(1) As from the date of the commencement of this Part of this Act (in this section referred to as "the relevant date") the following provisions of this section shall have effect.

(2) All officers who immediately before the relevant date were employed by a regional education committee to which this sub-section applies shall by virtue of this section be transferred to and become officers of the local education authority and shall be employed by that authority upon the terms and conditions upon which they were employed by the regional education committee immediately before the relevant date.

This sub-section applies to the regional education committees for the counties of Armagh, Down and Fermanagh.

(3) All regional education committees, other than those to which the last preceding sub-section applies, shall be abolished.

(4) All rights enjoyed and all liabilities incurred by any regional education committee in connection with the exercise of their functions under the Education Acts (Northern Ireland), 1923 to 1942 (in this section referred to as "the said functions") shall, by virtue of this section, and without any assignment or other instrument, be transferred to and vest in the local education authority.

(5) Anything commenced by or on behalf of a regional education committee in connection with the said functions before the relevant date may thereafter be carried on and completed by or on behalf of the local education authority.

(6) In any instrument, contract or legal proceedings made or commenced in connection with the said functions before the relevant date, the name of the local education authority shall be substituted for the name of the regional education committee.

THE THREE STAGES OF THE SYSTEM.

4. The statutory system of public education shall be organised in three progressive stages to be known as primary education, secondary education, and further education; and it shall be the duty of the local education authority for every area, so far as their powers extend, to contribute towards the spiritual, moral, mental and physical development of the community by securing that


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efficient education throughout those stages shall be available to meet the needs of the population of their area.

PRIMARY AND SECONDARY EDUCATION.

Provision of Primary and Secondary Schools.

Duty of every local education authorities to secure provision of primary and secondary schools.

5.-(1) It shall be the duty of every local education authority to secure that there shall be available for their area sufficient schools -

(a) for providing primary education, that is to say, full-time education suitable to the requirements of junior pupils; and

(b) for providing secondary education, that is to say, full-time education suitable to the requirements of senior pupils, other than such full-time education as may be provided for senior pupils in pursuance of a scheme made under the provisions of this Act relating to further education;

and the schools available for an area shall not be deemed to be sufficient unless they are sufficient in number, character, and equipment to afford for all pupils opportunities for education offering such variety of instruction and training as may be desirable in view of their different ages, abilities and aptitudes, and of the different periods for which they may be expected to remain at school, including practical instruction and training appropriate to their respective needs.

(2) In fulfilling their duties under this section, a local education authority shall, in particular, have regard -

(a) to the need for securing that primary and secondary education are provided in separate schools;

(b) to the need for securing that provision is made for pupils who have not attained the age of five years by the provision of nursery schools or of nursery classes in other schools;

(c) to the need for securing that provision is made for pupils who suffer from any disability of mind or body by providing, either in special schools or otherwise, special educational treatment, that is to say, education by special methods appropriate for persons suffering from that disability; and


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(d) to the expediency of securing the provision of boarding accommodation, either in boarding schools or otherwise, for pupils for whom education as boarders is considered by their parents and by the authority to be desirable:
Provided that paragraph (a) of this sub-section shall not have effect with respect to special schools.

Grant-aided schools, county schools, voluntary schools, nursery schools and special schools.

6.-(1) For the purpose of fulfilling their duties under this Act, a local education authority shall have power to establish primary schools and secondary schools, and to manage such schools whether established by them or transferred to them under this Act or any enactment repealed by this Act.

(2) Schools to or in respect of which grants are made out of moneys provided by Parliament under and for the purposes of this Act shall be known as grant-aided schools.

(3) Grant-aided schools, not being nursery schools, or special schools, shall, if under the management of a local education authority, be known as county schools, and, if not under such management, be known as voluntary schools.

(4) Primary schools which are used mainly for the purpose of providing education for children who have attained the age of two years but have not attained the age of five years shall be known as nursery schools:

Provided, however, that any reference in this Act to a county primary school or to a voluntary primary school shall be construed as not including a nursery school.

(5) Schools which are specially organised for the purpose of providing special educational treatment for pupils requiring such treatment and are approved by the Ministry for that purpose shall be known as special schools.

(6) The powers conferred by sub-section (1) of this section on local education authorities shall be construed as including power to establish, manage and assist schools outside as well as inside their areas.

Requirements as to school premises.

7.-(1) The Ministry shall make regulations prescribing the standards to which the premises of grant-aided schools are to conform, and such regula-


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tions may prescribe different standards for such descriptions of schools as may be specified in the regulations.

(2) Subject as hereinafter provided, it shall be the duty of the managers of every grant-aided school to secure that the premises of the school conform to the standards prescribed for schools of the description to which the school belongs:

Provided that if the Ministry is satisfied with respect to any school that having regard to the nature of the site or to any existing buildings thereon or to other special circumstances affecting the school it would be unreasonable in that case to require conformity with the regulations in any particular respect, it may direct that the school premises shall be deemed to conform to the prescribed standards if in lieu of conforming to the requirements of the regulations in that respect they conform to such other requirements as may be specified in the direction.

Development schemes as to primary and secondary schools.

8.-(1) As soon as may be after the date of the commencement of this Part of this Act, every local education authority shall estimate the immediate and prospective needs of their area, having regard to the provisions of this Act and of any regulations made thereunder and to the functions relating to primary and secondary education thereby conferred on them, and shall, within one year after that date or within such extended period as the Ministry may in any particular case allow, prepare and submit to the Ministry a scheme (in this Act referred to as a "development scheme") in such form and containing such particulars as may be prescribed.

(2) A local education authority, before submitting to the Ministry the development scheme for their area, shall take into consideration all schools available for providing primary arid secondary education for pupils in their area, and shall also, so far as may be practicable, consult with the managers of all schools, other than county schools, in their area with reference to the mode in which, and the extent to which, such managers will cooperate with the authority in, the provision of primary and secondary education.

(3) With a view to assisting the local education authority in the preparation of the development scheme


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for their area, the managers of each voluntary school in the area shall, within six months after the date of the commencement of this Part of this Act or within such extended period as the Ministry may in any particular case allow, furnish to the local education authority a return showing -

(a) whether or not it is the intention of such managers to transfer the school to the local education authority in accordance with the provisions of section eleven of this Act; and

(b) if the school is a primary school and the managers do not intend to transfer it to the local education authority, what steps, if any, they propose to take, either alone or in conjunction with the managers of other voluntary schools, for the provision of a voluntary secondary school;

and such managers shall, on furnishing such return to the local education authority, forthwith furnish a copy of the return to the Ministry.

(4) A local education authority, after submitting the development scheme to the Ministry, shall forthwith -

(a) furnish to the managers of every school, not being a county school, whether within or without the area of the authority, which would in the opinion of the authority be affected by the execution of the scheme, such particulars of the scheme as are sufficient to show the manner in which the school would be affected by the execution thereof; and

(b) publish by advertisement in one or more newspapers circulating in their area, a notice stating that the development scheme has been made and naming a place where copies of the scheme can be purchased by persons interested in the scheme.

The local education authority shall provide copies of the development scheme for sale to persons interested at a price not exceeding two shillings and six pence per copy.

(5) After considering any objections to a development scheme made to it within the period of two months


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next after the date on which notice of the making of the scheme is first published in accordance with the provisions of the last foregoing sub-section, and after making in the scheme such modifications, if any, as after consultation with the local education authority it considers necessary or expedient for the purpose of securing that the scheme makes proper provision for the immediate and prospective needs of the area with respect to primary and secondary schools, the Ministry shall approve the scheme and shall inform the authority accordingly, and thereupon it shall be the duty of the local education authority to give effect to the scheme.

(6) If at any time a local education authority consider it desirable to amend the development scheme for their area they may prepare and submit to the Ministry an amending scheme, and, unless the Ministry otherwise directs, the provisions of the two last preceding subsections shall apply to an amending scheme as they apply to a development scheme.

Establishment and discontinuance of grant-aided schools.

9.-(1) Where a local education authority intend to establish a new school or to discontinue an existing school, they shall submit proposals for that purpose to the Ministry.

(2) Where any persons other than a local education authority propose that any school established or to be established by them should be recognised as a grant-aided school, they shall, after consultation with the local education authority for the area in which the school is or is to be established, submit proposals for that purpose to the Ministry.

(3) Any proposals submitted to the Ministry under this section may be approved by it after making such modifications therein, if any, as appear to it to be desirable; and where those proposals relate to the recognition of a school as a grant-aided school the Ministry may grant such recognition upon such terms and subject to such conditions as it may determine.

(4) A local education authority shall not, without the leave of the Ministry, do or undertake to do anything (whether or not provided for by the development scheme for the area) for which proposals are required by this section to be submitted to the Ministry until such proposals have been approved by it.


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(5) After proposals for the establishment of a new school have been approved by the Ministry under this section, the authority or persons by whom the proposed school is to be established shall submit to the Ministry, in such form and in such manner as it may direct, specifications and plans of the school premises, and the Ministry, on being satisfied that the school premises will conform to the prescribed standards, may approve the specifications and plans.

(6) When the proposals, specifications and plans for a new school have been approved by the Ministry under this section, it shall be the duty of the authority or persons by whom the proposed school is to be established to give effect to the proposals in accordance with the specifications and plans so approved.

Restrictions on discontinuance of grant-aided schools by voluntary managers.

10.-(1) Subject to the provisions of this section, the managers of a grant-aided school, not being a school under the management of a local education authority, shall not discontinue the school except after serving on the Ministry and on the local education authority for the area in which the school is situate not less than two years' notice of their intention so to do:

Provided that, except by leave of the Ministry, no such notice as aforesaid shall be served by the managers of any grant-aided school in respect of the establishment or alteration of which expenditure has been incurred by the Ministry or by any local education authority or former authority.

(2) If, while any such notice as aforesaid is in force with respect to a grant-aided school, the managers inform the Ministry that they are unable or unwilling to carry on the school until the expiration of the notice, the Ministry may give such directions as to the carrying on of the school and as to the education of the children in attendance thereat as it thinks expedient.

Transfer of voluntary schools and special schools to local education authorities.

11.-(1) It shall be lawful for the managers of any voluntary school or special school, notwithstanding any provision contained in any instrument regulating the trusts or management of such school, to make an arrangement under the First Schedule to this Act for the transfer of the school, and any land, buildings or equipment held or used in connection therewith (including a teacher's


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residence), to the local education authority, upon such terms as may be arranged between the parties concerned with the approval of the Ministry, and the provisions of the First Schedule to this Act shall apply with respect to any such transfer.

(2) A school transferred under this section shall, subject to the provisions of this Act, be held, maintained and managed as a county school or special school, as the case may be, upon such terms and conditions as may be agreed upon, and the persons transferring such school to the local education authority shall, as from the date of such transfer, be absolutely freed and discharged from all responsibility in connection therewith, whether under any deed of trust relating thereto or otherwise:

Provided that -

(a) the existing staff of teachers (other than teachers who have been employed in the school for a period of less than six months immediately before the transfer) shall be taken over, and shall from the date of transfer be placed as regards appointment, dismissal and remuneration on terms not less favourable than those applicable to them before the transfer;

(b) the last preceding proviso may, if the local education authority agree, be applied to any teachers who have been employed in such school for a period of less than six months immediately before the transfer.

(3) Any question which may arise as to the due fulfilment or observance of any provision or requirement of the preceding sub-section shall stand referred to the Ministry whose decision thereon shall be final.

(4) Where a voluntary school is vested in the Ministry the provisions of this section shall apply so as to enable the Ministry to make an arrangement for the transfer of the school to the local education authority, if the managers of the school consent; and in that case the provisions of the First Schedule to this Act shall apply as if the Ministry, and not the actual managers of the school, were the persons empowered to make the arrangements for such transfer.


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(5) An arrangement under the First Schedule to this Act may provide for the future re-transfer by the local education authority of a school transferred under this section, to such persons, and upon such conditions, as may be specified in the arrangement, and the provisions of the said Schedule shall apply accordingly for the purposes of any such re-transfer.

Transfer of nursery schools to local education authorities.

12. It shall be lawful for the owners or trustees of any nursery school which is recognised by the Ministry, notwithstanding any provision contained in any instrument regulating the trusts or management of such school, to transfer the school, and any land, buildings or equipment held or used in connection therewith, to the local education authority upon such terms and conditions as may be arranged between the parties concerned with the approval of the Ministry, and the provisions of the First Schedule to this Act shall apply with respect to any such transfer.

Management of Primary and Secondary Schools.

Management of nursery schools.

13. The local education authority shall make provision for the management of each nursery school under their control by means of a management committee, to be known as a nursery school committee, constituted in accordance with a scheme framed by the authority and approved by the Ministry, but so that several such schools may be grouped under one nursery school committee, if the authority so desire and the Ministry approves; and a nursery school committee so appointed shall, in relation to the school or group of schools under their management, exercise such functions (including functions in relation to the appointment of teachers) as may be conferred upon them by the scheme.

Management of county primary schools.

14.-(1) The local education authority shall make provision for the management of each county primary school within their education area by means of a school management committee to be appointed by the authority, but so that several such schools may be grouped under one school management committee, if the authority so desire and the Ministry approves; and a school management committee so appointed shall, in relation to the school or group of schools under their management,


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exercise such functions as may be conferred upon them by a scheme framed by the authority and approved by the Ministry.

(2) A school management committee appointed under the last preceding sub-section shall be so constituted that, so far as is practicable -

(a) not less than one-half of the members to be appointed thereto shall be persons representative of the transferors and superseded managers of any schools under the management of the committee;

(b) not more than one-quarter of the said members shall be persons nominated by the parents of children attending the school or schools under the management of the committee at a meeting held in accordance with regulations made by the Ministry; and

(c) the remaining members shall be persons chosen by the local education authority.

The local education authority shall nominate in addition, as respects each school management committee, the principal of the school, or, if there are more schools than one under the management of the committee, one of the principals, to represent the teachers employed at such school or schools, and the principal so appointed shall have the right to attend, and take part in, the meetings of the committee, but shall not be entitled to vote on any question.

(3) If any question arises as to the right of any person or body of persons under the last preceding subsection to be represented on, or to nominate a member of, a school management committee, that question shall stand referred to the Ministry, whose decision thereon shall be final.

(4) Where, in the case of a school transferred to the local education authority under the Act of 1923, the transfer was made before the first day of April, nineteen hundred and thirty, and on condition that a separate


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management committee should be appointed for the school, or that the management committee for the school should be constituted in some specified manner, then, notwithstanding anything contained in sub-section (1) or sub-section (2) of this section, any such condition shall not be dispensed with except with the consent of the transferors.

(5) In this Act the expression "superseded managers" means the persons who were formerly managers of any schools which have been superseded by schools under the management of the local education authority or) if those persons were recognised by the Ministry as such managers by virtue of any office, then, their successors in such office,

Management of county intermediate schools.

15.-(1) The local education authority shall make provision for the management of each county intermediate school within their education area by means of a school management committee to be appointed by the authority; and a school management committee so appointed shall, in relation to the school under their management, exercise such functions as may be conferred upon them by a scheme framed by the authority and approved by the Ministry.

(2) A school management committee appointed under the last preceding sub-section shall be so constituted that, so far as is practicable -

(a) not less than one-half of the members to be appointed thereto shall be persons nominated by the school management committees of the contributory schools, such nominations being made from among members of those committees other than members nominated or chosen by parents or by the local education authority;

(b) not more than one-quarter of the said members shall be persons nominated by the parents of the children attending the county intermediate school at a meeting held, in accordance with regulations made by the Ministry; and

(c) the remaining members shall be persons chosen by the local education authority.


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The principal for the time being of the school shall have the right to attend, and take part in, the meetings of the school management committee, but shall not be entitled to vote on any question.

(3) If any question arises as to the right of any person or body of persons under the last preceding subsection to nominate a member of a school management committee, that question shall stand referred to the Ministry, whose decision thereon shall be final.

(4) For the purposes of this section the expression "contributory schools" means, in relation to a county intermediate school, the county primary schools from which, in the opinion of the authority, a substantial number of pupils proceed to the county intermediate school for the purpose of continuing their education thereat; and the expression "intermediate school" does not include an intermediate school which is conducted as a technical intermediate school.

(5) In this Act the expression "intermediate school" means a secondary school providing free education for senior pupils; and the expression "technical intermediate school" means a county intermediate school conducted in association with an institution of further education.

Supplementary provisions as to parents' representatives on school management committees.

16. Where any meeting of parents is required by reason of the provisions of sub-section (2) of section fourteen or sub-section (2) of section fifteen of this Act, and -

(a) such meeting, having been duly called, fails of effect for want of a quorum or for any other reason; or

(b) such meeting, being duly held, neglects or refuses to nominate any, or the required number of, persons representing the parents on a school management committee;

then, in any such case, the local education authority shall nominate, to be members of the school management committee such number, or further number, of persons representing the parents as might have been nominated by the parents at such a meeting as aforesaid.


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Provided that -

(i) the local education authority shall not make any such nomination until the expiration of a period of twenty-eight days after the occurrence of any such event as is mentioned in paragraph (a) or paragraph (b) of this section, unless within that period the school management committee (which for the purposes of this proviso shall be deemed to be duly constituted notwithstanding the absence of parents' representatives) make and submit to the local education authority a list of names of persons, in number not less than twice the required number of parents' representatives; and

(ii) if such a list is received by the local education authority within the said period, the persons to be nominated under this section shall be selected from the said list.

Management of county grammar schools, special schools and technical intermediate schools.

17.-(1) The local education authority shall make provision for the management of each county grammar school within their education area and for each special school under their management by means of a school management committee to be appointed by the authority in accordance with a scheme framed by the authority and approved by the Ministry.

(2) The local education authority shall make provision for the management of each technical intermediate school within their education area by means of a school management committee to be appointed by the authority in accordance with a scheme framed by the authority and approved by the Ministry, but so that several such schools may be grouped under one school management committee if the authority so desire and the Ministry approves.

(3) A school management committee appointed under this section shall, in relation to the school or group of schools under their management, exercise such functions (including functions in relation to the appointment of teachers) as may be conferred upon them by the scheme.

(4) In this Act the expression "grammar school" means a secondary school not being an intermediate school.


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Management of voluntary schools.

18.-(1) Each voluntary primary school and each nursery school shall be under the control and management of a person or body of persons approved by the Ministry.

(2) For each voluntary secondary school and for each special school there shall be a body of managers constituted in accordance with a scheme approved by the Ministry, and the managers shall, in relation to the school, exercise such functions as may be conferred upon them by the scheme.

(3) If, in the case of any voluntary school, a school committee is appointed under sub-section (2) of section eighty-one of this Act, the school shall be under the control and management of that committee.

(4) In this section any reference to a nursery school or special school shall be construed as not including any such school under the management of a local education authority.

Appointment and Dismissal of Teachers.

19.-(1) Whenever, except in a case to which this sub-section does not apply, it is necessary that a teacher shall be appointed for a county primary or county intermediate school (other than a technical intermediate school), the local education authority for the education area within which the school is situate shall, in the manner prescribed by the Ministry, issue advertisements inviting applications for the appointment and transmit the applications, with particulars of the candidates, to the school management committee. The school management committee shall consider the applications for the appointment and shall select therefrom and submit to the local education authority, to be dealt with under the provisions of sub-section (2) of this section, the names of such of the candidates as are qualified for the time being under the regulations of the Ministry (in this Act referred to as "qualified candidates"), or if there are more than three qualified candidates, the names of three of them and shall take such further steps in relation to the appointment as may be required under the said provisions.

(2) The power of appointing teachers shall, in any case to which sub-section (1) of this section applies, be exercised by the local education authority in accordance with the following provisions:-


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(a) if the local education authority are not satisfied to appoint some one or other of the said qualified candidates, the matter shall stand referred to the Ministry, and the Ministry may -
(i) direct that the matter shall be referred back to the school management committee for the selection and submission to the local education authority of the names of such number of other qualified candidates (not exceeding three) as the Ministry may require; or

(ii) direct the appointment of one of the qualified candidates whose names were submitted by the school management committee to the local education authority; or

(iii) direct that the appointment shall be again advertised and dealt with under subsection (1) of this section;

(b) the decision of the Ministry under the last preceding paragraph shall be final, and it shall be the duty of the local education authority to take all necessary steps for the due appointment as teacher of a qualified candidate whose appointment is directed by the Ministry under the said paragraph;

(c) the foregoing provisions of this sub-section shall apply in a case where, in pursuance of a direction given under sub-division (i) of paragraph (a) thereof, the school management committee submit to the local education authority the names of qualified candidates, and also in the case of any subsequent submission of such names in pursuance of a direction so given.

(3) Sub-section (1) of this section shall not apply in any of the following cases:-
(a) in a case where the local education authority propose -
(i) to transfer to a county school a teacher in their employment serving in another county school, or to appoint to a

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county school a teacher serving in a voluntary school, for the reason, in either such case, that the said teacher is no longer required for the school in which he is serving owing to the operation of a development scheme; or

(ii) to transfer an assistant teacher in their employment in a county school to the position of assistant teacher in another county school for the reason that the said assistant teacher is no longer required for the former of the said schools owing to a decrease in the number of pupils attending that school;

(b) in the case of the appointment of a temporary substitute for a teacher, the appointment of a part-time teacher, or the temporary appointment of a teacher;

(c) in a case where a school management committee have, within such time as the Ministry may allow, failed to comply with the provisions of sub-section (1) of this section requiring them to submit to the local education authority the names of the qualified candidates or the names of three of the qualified candidates, as the case may require.

(4) In any of the cases specified in paragraphs (a) and (b) of sub-section (3) of this section the local education authority shall have power to transfer or appoint the teacher as therein mentioned:

Provided that, in the cases specified in paragraph (a) of the said sub-section, the school management committee having the management of the school to which the local education authority propose to transfer or appoint a teacher, may, in such manner and within such time as the Ministry may by regulations prescribe, appeal to the Ministry against the proposal of the local education authority, and the Ministry may either allow the appeal or confirm the proposed transfer, and in the former event the provisions of sub-section (1) of this section shall apply.

(5) In the case specified in paragraph (c) of subsection (3) of this section the teacher may be appointed by


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the local education authority without further reference of the case to the school management committee.

Provision for appeal against dismissal of a teacher.

20.-(1) Where a teacher in any grant-aided school or institution has received notice of dismissal from his position at the school or institution, and within six weeks after the receipt by the teacher of such notice a petition is presented to the Ministry by the teacher praying for an investigation into the reasons for such dismissal, the Ministry shall cause to be made such investigation as it thinks fit.

(2) If, in the course of any such investigation, the Ministry considers that an inquiry should be held into the reasons for the dismissal, the Ministry may hold, or cause to be held, such inquiry as it thinks fit; and at any such inquiry the local education authority (or, in the case of a school or institution not under the management of a local education authority, the managers thereof) and the teacher shall be entitled to be represented.

(3) If, as the result of such investigation or inquiry, the Ministry is of opinion that the dismissal is not reasonably justifiable, the Ministry shall communicate such opinion to the local education authority or managers, as the case may be, and to the teacher.

(4) In the event of the local education authority or managers, as the case may be, being unable or unwilling to retain or reinstate the teacher, the Ministry may withhold or reduce any grant payable by it to or in respect of the school or institution, and may, out of the grant, pay to the teacher such sums as the Ministry may determine, not exceeding a sum equivalent to his salary and emoluments (if any) for a period of twelve months at the rate at which he would have been entitled to be paid had he continued to serve at the school or institution in the position from which he was dismissed.

(5) Proceedings may be taken under this section notwithstanding any provisions contained in the agreement under which a teacher is employed, whether entered into before or after the passing of this Act.

(6) Nothing in this section shall affect the powers of the managers of a school or institution summarily to suspend any teacher from the performance of duty.


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(7) No woman shall be disqualified for employment as a teacher in any county or voluntary school, or be dismissed from such employment, by reason only of marriage.

Religious Education in County and Voluntary Schools.

General provisions as to religious education in schools.

21.-(1) Subject to the provisions of this and the next following section, the school day in every county school and voluntary school shall begin with collective worship on the part of all pupils in attendance at the school, and the arrangements made therefor shall provide for a single act of worship attended by all such pupils unless in the opinion of the local education authority, or, in the case of a voluntary school, the managers thereof, the school premises are such as to make it impracticable to assemble them for that purpose.

(2) Subject to the provisions of this and the next following section, religious instruction shall be given in every county school and voluntary school.

(3) If the parent of any pupil in attendance at any county school or voluntary school requests that the pupil be wholly or partly excused from attendance at collective worship in the school, or from attendance at religious instruction in the school, or from attendance at both collective worship and religious instruction in the school, then, until the request is withdrawn, the pupil shall be excused from such attendance accordingly.

(4) No payment from public funds in respect of the attendance of a pupil at any county school or voluntary school shall be varied by reason of his attendance or non-attendance at collective worship or religious instruction.

(5) Ministers of religion and other suitable persons (including teachers of the school) to whom the parents do not object shall be granted reasonable access at convenient times to pupils in any county school or voluntary school for the purpose of giving religious instruction (which may be in addition to that provided under sub-section (2) of this section) to such pupils, or of inspecting and examining the religious instruction given to such pupils:

Provided that in the case of a voluntary school which was in existence at the date of the commencement of this Part of this Act and in which at that date it was not required that such access should be granted, the


[page 46]

foregoing provisions of this sub-section shall not apply except with the consent of the managers of such school.

(6) Where any pupil has been wholly or partly excused from attendance at religious instruction in any school in accordance with the provisions of this section, such pupil may be withdrawn from the school during such periods as are reasonably necessary for the purpose of enabling him to receive religious instruction of which his parents approve:

Provided that the provisions of this sub-section shall apply only to a pupil in a school to which, by virtue of paragraph (a) of the proviso to sub-section (5) of this section, the provisions of that sub-section do not apply.

(7) Collective worship and religious instruction at every county school and voluntary school shall be so arranged that -

(a) the school shall be open to pupils of all religious denominations for instruction other than religious instruction;

(b) no pupil shall be excluded, directly or indirectly, from the other advantages which the school affords.

Special provisions as to religious education in county schools.

22.-(1) Subject to the provisions of this section, the collective worship required by sub-section (1) of the last foregoing section shall not, in any county school, be distinctive of any particular religious denomination, and the religious instruction given to any pupils in attendance at such a school shall be undenominational religious instruction, that is to say, instruction based upon the Holy Scriptures according to some authoritative version or versions thereof, but excluding instruction as to any tenet which is distinctive of any particular religious denomination.

(2) In any county school the religious instruction for which facilities are afforded under sub-section (5) of the last foregoing section may be instruction as to tenets distinctive of a particular religious denomination.

23. In every voluntary school the collective worship and the religious instruction which are required by subsections (1) and (2) of section twenty-one of this Act shall


[page 47]

be under the control of the managers of the school, and such religious instruction shall be subject to such arrangements for inspection and examination as they may think fit.

Provisions as to teachers in county schools.

24.-(1) Subject to the provisions of this section, it shall be the duty of the teachers in every county school to conduct or attend collective worship in the school and to give undenominational religious instruction in the school, if so required by the local education authority.

(2) No teacher in a county school shall be required to give religious instruction other than undenominational religious instruction.

(3) If a teacher in a county school who has been required by the local education authority to conduct or attend collective worship in the school or to give undenominational religious instruction in the school, requests the school management committee that he be wholly or partly excused from conducting or attending such worship, or from giving such instruction, or both from conducting and attending such worship and from giving such instruction and, at the same time, furnishes to the committee, for submission to the local education authority, a statutory declaration that his request to be so excused is made solely on grounds of religious belief, then, until the request is withdrawn, the teacher shall be excused accordingly.

(4) A teacher in a county school who is excused from conducting or attending collective worship or from giving undenominational religious instruction shall not receive any less emolument or be deprived of, or disqualified for, any promotion or other advantage by reason of the fact that he does not conduct or attend collective worship or give undenominational religious instruction.

(5) If in any county school the local education authority are wholly or partly unable to arrange that the collective worship or the undenominational religious instruction which the authority are required to provide in accordance with the provisions of this Act relating to religious education is conducted or given by the teachers


[page 48]

of the school, then the authority may, for the purpose of fulfilling their obligations under those provisions, advertise for and appoint another teacher to conduct such collective worship or to give such religious instruction.

Complaints as to manner of giving religious education.

25. If the parents of not less than twenty per cent. of the pupils in attendance at a school address a complaint in writing to the Ministry alleging that all or any of the obligations which a local education authority, or in the case of a voluntary school, the managers thereof, are required to undertake under the provisions of this Act relating to religious education are not being carried out, or are not being carried out in a bona fide manner, the Ministry may make such inquiry as it thinks fit into the complaint; and the Ministry, if satisfied that there is reasonable cause for the complaint, may give directions to the local education authority or managers, as the case, may be, as to the manner in which such obligations shall be carried out.

Religious education not to be inspected by the Ministry.

26. It shall be no part of the duties of inspectors or other officers of the Ministry appointed to report for the purposes of this Act as to the efficiency of any school, to inspect or examine the religious education given in the school.

Regulations as to religious education.

27. The Ministry shall make such regulations as it may consider necessary for securing that the provisions of this Act relating to religious education are complied with in all county schools and voluntary schools, and in particular with respect to -

(a) the times during which any religious observance may be practised or any religious instruction may be given;

(b) the times during which pupils may be withdrawn from the school so that they may receive religious instruction in accordance with the provisions of sub-section (6) of section twenty-one of this Act;

(c) the making of arrangements for religious instruction in schools;


[page 49]

(d) the amount of time which may be allotted in the time-tables of schools to religious instruction.

Transitional Provisions as to County and Voluntary Schools.

Transitional provisions as to the separation of primary and secondary schools.

28.-(1) The provisions of this section shall have effect with respect to the area of every local education authority until the development scheme for that area first comes into operation.

(2) Save as may be otherwise directed by the Ministry, every county school and voluntary school which immediately before the commencement of this Part of this Act was used for providing primary education shall be managed and conducted as a primary school, every such school which was used for providing secondary education shall be managed and conducted as a secondary school, and every such school which was used for providing primary and secondary education indiscriminately shall be managed and conducted as a primary school.

(3) If it appears to the Ministry to be expedient that any county school or voluntary school should be managed and conducted otherwise than in accordance with the provisions of the last-foregoing sub-section, it may direct that the school be managed and conducted as a primary school or as a secondary school as the case may be.

Primary and Secondary Education of Pupils requiring Special Educational Treatment.

Education of pupils requiring special educational treatment.

29.-(1) The Ministry, after consultation with the Ministry of Health and Local Government, shall make regulations defining the several categories of pupils requiring special educational treatment and making provision as to the special methods appropriate for the education of pupils of each category.

(2) The arrangements made by a local education authority for the special educational treatment of pupils of any such category shall, so far as is practicable, provide for the education of pupils in whose case the disability is serious in special schools appropriate for that category and


[page 50]

approved by the Ministry, but where that is impracticable, or where the disability is not serious, the arrangements may provide for the giving of such education in a school other than a special school.

(3) Arrangements made by a local education authority under the last preceding sub-section may provide for the special educational treatment of pupils in special schools or in schools other than special schools, as the case may be, either within or without the area of the authority, and shall be made upon such terms and subject to such conditions as may be approved by the Ministry.

(4) The Ministry may by regulations make provision as to the requirements to be complied with by any school as a condition of approval of the school as a special school, and as to the withdrawal of any such approval from any school which fails to comply with the requirements so prescribed, and, notwithstanding that the provisions of this Act requiring local education authorities to have regard to the need for securing that primary and secondary education are provided in separate schools do not apply with respect to special schools, such regulations may impose requirements as to the organisation of any special school as a primary school or as a secondary school.

(5) The regulations made under this section with respect to special schools shall be such as to secure that, so far as is practicable, every pupil in attendance at any such school will attend collective worship and religious instruction or will be withdrawn from attendance at such worship or instruction in accordance with the wishes of his parent.

Duty of local education authorities to ascertain what children require special educational treatment.

30.-(1) It shall be the duty of every local education authority to ascertain what children in their area require special educational treatment; and for the purpose of fulfilling that duty any officer of a local education authority authorised in that behalf by the authority may by notice in writing served upon the parent of any child who has attained the age of two years require him to submit the child for examination by a medical officer of the authority for advice as to whether the child is suffering from any disability of mind or body and as to the


[page 51]

nature and extent of any such disability; and if a parent upon whom such a notice is served fails without reasonable excuse to comply with the requirements thereof, he shall be liable on summary conviction to a fine not exceeding five pounds.

(2) Before any child is so medically examined as aforesaid, the authority shall cause notice to be given to the parent of the time and place at which the examination will be held, and the parent shall be entitled to be present at the examination if he so desires.

(3) If the parent of any child who has attained the age of two years requests the local education authority for the area to cause the child to be so medically examined as aforesaid, the authority shall comply with the request unless in their opinion the request is unreasonable.

(4) If, after considering the advice given with respect to any child by a medical officer in consequence of any such medical examination as aforesaid and any reports or information which the local education authority are able to obtain from teachers or other persons with respect to the ability and aptitude of the child, the authority decide that the child requires special educational treatment, they shall give to the parent notice of their decision and shall provide such treatment for the child.

(5) The advice given with respect to any child by a medical officer in consequence of any such medical examination as aforesaid shall be communicated to the parent of the child and to the local education authority; and the medical officer by whom the examination was made shall, if required by the parent or by the authority so to do, issue to the authority and to the parent a certificate in the prescribed form showing whether the child is suffering from any such disability as aforesaid, and, if so, the nature and extent thereof, and any parent who is aggrieved by the terms of the certificate may refer the case to the Ministry:

Provided that a local education authority shall not require the issue of such a certificate in respect of any child unless the certificate is, in their opinion, necessary for the purpose of securing the attendance of the child at a special school in accordance with the provisions of this Act relating to compulsory attendance at primary and secondary schools.


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(6) Any certificate issued under the last foregoing sub-section may be cancelled by the Ministry or by a medical officer of the local education authority; and upon the cancellation of such a certificate the local education authority shall cease to provide special educational treatment for the child with respect to whom the certificate was issued and shall notify the parent accordingly.

Power of Ministry to establish special schools.

31.-(1) The Ministry may, if after consultation with local education authorities it considers it expedient so to do, establish, maintain and manage a special school or schools for educating, boarding and lodging children requiring special educational treatment for whom suitable provision is not otherwise made, and may appoint officers and do all such other things as may be necessary for the said purpose.

(2) A special school established by the Ministry under section twenty-two of the Act of 1930 shall be deemed to be a special school established under this section.

(3) The Ministry may transfer to a local education authority or to two or more local education authorities, upon such terms and subject to such conditions as may be agreed between the Ministry and the authority or authorities concerned, any special school established by the Ministry under this section, and any school so transferred shall be maintained and managed as a special school established under this Act.

(4) There shall be paid out of moneys provided by Parliament all such expenses as may be incurred by the Ministry, with the sanction of the Ministry of Finance, in connection with the establishment, maintenance and management of any special school established under this section and in connection with the maintenance therein of children requiring special educational treatment.

(5) Where a local education authority, in fulfilment of their duty under this Act to provide special educational treatment for children belonging to their education area requiring such treatment, make arrangements for the education and maintenance of any such child in a special


[page 53]

school established under this section, that authority shall pay towards the expenses of the education and maintenance of the child as aforesaid a contribution, to be at such rate as may be determined by the Ministry after consultation with the Ministry of Finance, and to be treated as expenses incurred by the authority in the provision of special educational treatment; and the amount of such contribution shall be a debt due by the local education authority to the Ministry, and may, without prejudice to any other remedy, be deducted from any sums payable to the authority by way of grant out of moneys provided by Parliament.

Notification of children requiring further care or treatment.

32. It shall be the duty of a local education authority, as respects children belonging to their education area who have been ascertained as requiring special educational treatment, to notify to the Ministry of Health and Local Government the names of all such children who are about to be withdrawn from school, and in any such notification the local education authority shall make special reference to any such children in whose case the authority are of opinion that it would be to their benefit that they should be sent to an institution suitable for such cases or placed under guardianship.

Compulsory Attendance at Primary and Secondary Schools.

Compulsory school age.

33.-(1) Subject to the following provisions of this section, in this Act the expression "compulsory school age" means any age between five years and fifteen years, and accordingly a person shall be deemed to be of compulsory school age if he has attained the age of five years and has not attained the age of fifteen years and a person shall be deemed to be over compulsory school age as soon as he has attained the age of fifteen years:

Provided that a local education authority may, by bye-law made with the approval of the Ministry, prescribe the age of five years and six months or the age of six years as the lower limit of the compulsory school age in their education area, and where a bye-law raising the lower limit is in force, then, in relation to children residing in the area to which the bye-law applies, references in this Act to the compulsory school age shall be construed as


[page 54]

references to any age between five years and six months or six years, as the case may be, and fifteen years.

A bye-law raising the lower limit of the compulsory school age may be made by a local education authority so as to apply to some specified part or parts of their education area.

(2) As soon as the Ministry is satisfied that it has become practicable to raise to sixteen the upper limit of the compulsory school age, it shall lay before Parliament the draft of an Order in Council directing that the foregoing provisions of this section shall have effect as if for references therein to the age of fifteen years there were substituted references to the age of sixteen years; and if within the statutory period both Houses of Parliament resolve that the draft be presented to the Governor of Northern Ireland, the said Governor may by Order in Council direct accordingly.

Duty of parents to secure the education of their children.

34. It shall be the duty of the parent of every child of compulsory school age to cause him to receive efficient full-time education suitable to his age, ability, and aptitude, either by regular attendance at school or otherwise.

School attendance orders.

35.-(1) If it appears to a local education authority that the parent of any child of compulsory school age in their area is failing to perform the duty imposed on him by the last foregoing section, it shall be the duty of the authority to serve upon the parent a notice requiring him, within such time as may be specified in the notice not being less than fourteen days from the service thereof, to satisfy the authority that the child is receiving efficient full-time education suitable to his age, ability, and aptitude, either by regular attendance at school or otherwise.

(2) If, after such a notice has been served upon a parent by a local education authority, the parent fails to satisfy the authority in accordance with the requirements of the notice that the child to whom the notice relates is receiving efficient full-time education suitable to his age, ability, and aptitude, then, if in the opinion of the authority it is expedient that he should attend school,


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the authority shall, in the prescribed manner, serve upon the parent an order in the prescribed form (hereinafter referred to as a "school attendance order") requiring him to cause the child to become a registered pupil at a school named in the order:

Provided that before serving such an order upon a parent the authority shall, where practicable, afford him an opportunity of selecting the school to be named in the order, and if a school is selected by him, that school shall, unless the Ministry otherwise directs, be the school named in the order.

(3) If the local education authority are of opinion that the school selected by the parent as the school to be named in a school attendance order is unsuitable to the age, ability or aptitude of the child with respect to whom the order is to be made, or that the attendance of the child at the school so selected would involve unreasonable expense to the authority, the authority may, after giving to the parent notice of their intention to do so, apply to the Ministry for a direction determining what school is to be named in the order.

(4) If at any time while a school attendance order is in force with respect to any child the parent of the child makes application to the local education authority by whom the order was made requesting that another school be substituted for that named in the order, or requesting that the order be revoked on the ground that arrangements have been made for the child to receive efficient full-time education suitable to his age, ability, and aptitude, otherwise than at school, the authority shall amend or revoke the order in compliance with the request unless they are of opinion that the proposed change of school is unreasonable or inexpedient in the interests of the child, or that no satisfactory arrangements have been made for the education of the child otherwise than at school, as the case may be; and if a parent is aggrieved by a refusal of the authority to comply with any such request, he may refer the question to the Ministry, and the Ministry shall give such direction thereon as it thinks fit.

(5) If any person upon whom a school attendance order is served fails to comply with the requirements of


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the order, he shall be guilty of an offence against this section unless he proves that he is causing the child to receive efficient full-time education suitable to his age, ability, and aptitude, otherwise than at school.

(6) If in proceedings against any person for a failure to comply with a school attendance order that person is acquitted, the court may direct that the school attendance order shall cease to be in force, but without prejudice to the duty of the local education authority to take further action under this section if at any time the authority are of opinion that having regard to any change of circumstances it is expedient so to do.

(7) Save as provided by the last foregoing subsection, a school attendance order made with respect to any child shall, subject to any amendment thereof which may be made by the local education authority, continue in force so long as he is of compulsory school age unless revoked by that authority.

(8) The powers of a local education authority under this section may be exercised by such sub-committee or sub-committees of the authority as may be appointed for that purpose under and subject to the provisions of Part I or Part II (as the case may require) of the Second Schedule to this Act.

Additional provisions as to compulsory attendance at special schools.

36.-(1) While the upper limit of the compulsory school age is, in relation to other children, less than sixteen, a person who is a registered pupil at a special school shall nevertheless be deemed to be of compulsory school age until he attains the age of sixteen years and shall not be deemed to be over compulsory school age until he has attained that age.

(2) A child who has under arrangements made by a local education authority become a registered pupil at a special school shall not be withdrawn from the school without the consent of that authority; but if the parent of any such child is aggrieved by a refusal of the authority to comply with an application made by the parent requesting such consent, he may refer the question to the Ministry, and the Ministry shall give such direction thereon as it thinks fit.


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(3) No direction given by the Ministry under the last foregoing sub-section or under sub-section (3) or sub-section (4) of the last foregoing section shall be such as to require a pupil to be a registered pupil at a special school unless either the parent consents to his attending such a school or there is in force a certificate issued by a medical officer of the local education authority showing that the child is suffering from some disability of mind or body of such a nature and extent that, in the opinion of the Ministry, it is expedient that the child should attend a special school.

Duty of parents to secure regular attendance of registered pupils.

37.-(1) If any child of compulsory school age who is a registered pupil at a school fails to attend regularly thereat, the parent of the child shall be guilty of an offence against this section.

(2) In any proceedings for an offence against this section in respect of a child who is not a boarder at the school at which he is a registered pupil, the child shall not be deemed to have failed to attend regularly at the school by reason of his absence therefrom -

(a) at any time when he was prevented from attending by reason of sickness or any unavoidable cause;

(b) if the parent proves that the school at which the child is a registered pupil is not within walking distance of the child's home, and that no suitable arrangements have been made by the local education authority either for his transport to or from the school or for boarding accommodation for him at or near the school or for enabling him to become a registered pupil at a school nearer to his home.

(3) Where in any proceedings for an offence against this section it is proved that the child has no fixed abode, paragraph (b) of the last foregoing sub-section shall not apply, but if the parent proves that he is engaged in any trade or business of such a nature as to require him to travel from place to place and that the child has attended at a school at which he was a registered pupil as regularly as the trade or business of the parent permits, the parent shall be acquitted:


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Provided that in the case of a child who has attained the age of six years, the parent shall not be entitled to be acquitted under this sub-section 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.

(4) In any proceedings for an offence against this section in respect of a child who is a boarder at the school at which he is a registered pupil, the child shall be deemed to have failed to attend regularly at the school if he is absent therefrom at a time when he was not prevented from being present by reason of sickness or any unavoidable cause.

(5) In this section the expression "walking distance" means in relation to a child who has not attained the age of eleven years two miles, and in the case of any other child three miles, measured by the nearest available route.

Enforcement of school attendance.

38.-(1) Subject to the provisions of this section, any person guilty of an offence against section thirty-five or section thirty-seven of this Act shall be liable on summary conviction, in the case of a first offence against that section to a fine not exceeding two pounds, 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 to institute proceedings for such offences as aforesaid whenever, in their opinion, the institution of such proceedings is necessary for the purpose of enforcing the duty imposed upon a parent by this Act to cause his child to receive efficient full-time education suitable to his age, ability, and aptitude.

(3) Where the court before which a prosecution is brought for an offence against the last foregoing section is satisfied that the child in respect of whom the offence


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is alleged to have been committed has failed to attend regularly at the school at which he is a registered pupil, then, whether or not the parent is convicted, the court may direct that the child be brought before a court of summary jurisdiction by the authority by whom or on whose behalf the proceedings were instituted, and that court may, if it is satisfied that it is necessary so to do for the purpose of securing the regular attendance of the child at school -

(a) order the parent to enter into a recognizance to exercise proper care and guardianship of the child; or

(b) make an order for the committal of the child to the care of a relative or other fit person in accordance with the provisions of section fifty-eight of

8 Edw. 7. c. 67.

the Children Act, 1908 ; or

(c) order the child to be sent to a certified industrial school.

(4) Where proceedings have been instituted for an offence against the last foregoing section alleged to have been committed in respect of any child and it appears to the officer by whom the proceedings were instituted on behalf of the local education authority that there is reasonable cause to believe that the punishment of the parent would not be sufficient for the purpose of securing the regular attendance of the child at school, it shall be his duty to apply to the court for a direction under the last foregoing sub-section; and where application is so made, such a direction shall be given unless the court is satisfied that no such direction is necessary for the purpose aforesaid.

(5) Where, in pursuance of proceedings instituted under this section, a child is ordered to be sent to a certified industrial school, then, notwithstanding anything to the contrary in any enactment, it shall be the duty of the local education authority by whom or on whose behalf the proceedings were instituted, to provide for the reception and maintenance of the child in the school.

(6) Proceedings for an offence under section thirty-five or section thirty-seven of this Act shall not be taken


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except by or on behalf of the local education authority or by an officer appointed for the purpose and authorised in that behalf by the authority; and any such officer may, although not of counsel or a solicitor, prosecute or conduct before a court of summary jurisdiction any such proceedings as aforesaid.

FURTHER EDUCATION.

General duties of local education authorities with respect to further education.

39. Subject as hereinafter provided, it shall be the duty of every local education authority to secure the provision for their area of adequate facilities for further education, that is to say:-

(a) full-time and part-time education for persons over compulsory school age; and

(b) leisure-time occupation, in such organised cultural training and recreative activities as are suited to their requirements, for any persons over compulsory school age who are able and willing to profit by the facilities provided for that purpose:

Provided that the provisions of this section shall not empower or require local education authorities to secure the provision of facilities for further education otherwise than in accordance with schemes of further education.

Schemes of further education.

40.-(1) Every local education authority shall, at such times and in such form as the Ministry may direct, prepare and submit to the Ministry schemes of further education for their area, giving particulars of the provision which the authority propose to make for fulfilling such of their duties with respect to further education as may be specified in the direction.

(2) Where a scheme of further education has been submitted to the Ministry by a local education authority, the Ministry may, after making in the scheme such modifications or alterations, if any, as after consultation with the authority it thinks expedient, approve the scheme, and thereupon it shall be the duty of the local education authority to take such measures as the Ministry may from time to time, after consultation with the authority, direct for the purpose of giving effect to the scheme.

(3) A scheme of further education approved by the Ministry in accordance with the provisions of this section


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may be modified, supplemented or replaced by a further scheme prepared, submitted and approved in accordance with those provisions, and the Ministry may give directions revoking any scheme of further education, or any provision contained in such a scheme, as from such dates as may be specified in the directions, but without prejudice, to the preparation, submission and approval of further schemes.

(4) A local education authority shall, when preparing any scheme of further education, have regard to any facilities for further education provided for their area by other bodies, and shall consult any such bodies and the local education authorities for adjacent areas; and the scheme, as approved by the Ministry, may include such provisions as to the co-operation of any such bodies or authorities as may have been agreed between them and the authority by whom the scheme was submitted.

Power of local education authorities to make contributions in respect of further education.

41.-(1) A local education authority may, with the approval of the Ministry, make contributions to any body providing facilities for further education in the area of the authority.

(2) Until the date upon which a scheme of further education is first approved by the Ministry under the foregoing provisions of this Part of this Act a local education authority may make to any such body as aforesaid such contributions as the Ministry may approve, and may, in accordance with arrangements approved by the Ministry, provide such additional facilities for further education as appear to the authority to be expedient for meeting the needs of their area.

SUPPLEMENTARY PROVISIONS AS TO PRIMARY, SECONDARY AND FURTHER EDUCATION.

Ancillary Services.

Medical inspection and treatment of pupils.

42.-(1) Subject to the provisions of sub-section (6) of this section, it shall be the duty of every local education authority, in accordance with regulations made under this section, to provide for the medical inspection at appropriate intervals of pupils in full-time attendance at any grant-aided school in their area.

(2) For the purpose of securing the proper medical inspection of pupils to whom the last preceding sub-


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section applies, any officer of a local education authority authorised in that behalf by the authority may require the parent of any such pupil to submit the pupil for medical inspection in accordance with arrangements made by the authority, and any person who fails without reasonable excuse to comply with any such requirement shall be liable on summary conviction to a fine not exceeding five pounds.

(3) Subject to the provisions of sub-section (6) of this section, it shall be the duty of every local education authority, in accordance with regulations made under this section, to make such arrangements for securing the provision of free medical treatment for pupils to whom sub-section (1) of this section applies as are necessary for securing that comprehensive facilities for free medical treatment are available to them either under this Act or otherwise.

(4) It shall be the duty of every local education authority to make arrangements for encouraging and assisting pupils to take advantage of such facilities as aforesaid:

Provided that if the parent of any pupil gives to the authority notice that he objects to the pupil availing himself of any medical treatment provided under this section, the pupil shall not be encouraged or assisted to do so.

(5) A local education authority may give directions to the managers of any grant-aided school requiring them to provide such reasonable facilities as may be specified in the directions for the purpose of enabling the authority to carry out their functions under this section.

(6) Sub-sections (1) and (3) of this section shall not apply in the case of pupils in attendance at any voluntary grammar school the managers of which have, by means of a medical scheme framed by them and approved by the local education authority, made provision for the medical inspection and treatment of pupils in attendance at that school.

(7) A local education authority shall not refuse to approve of any medical scheme framed by the managers of a voluntary grammar school for the purposes of this section if the scheme complies with the requirements in


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that behalf prescribed by regulations made under this section; and in relation to any such scheme the managers of the school shall keep, or cause to be kept, such records, and shall make such returns, as may be prescribed by the regulations. If the managers of any school are aggrieved by the refusal of the local education authority to approve of any such scheme as aforesaid they may appeal to the Ministry of Health and Local Government against such refusal, and the decision of that Ministry thereon shall be final.

(8) In any case where the managers of a voluntary grammar school make provision, by means of a medical scheme approved by the local education authority, for the medical inspection and treatment of pupils in attendance at the school, then, in respect of the medical inspection and treatment of each pupil in respect of whom the local education authority make a financial contribution to the managers, the authority shall pay to the managers such further sum as may be, agreed or, in default of agreement, as may be determined by the Ministry of Health and Local Government.

(9) The power of making orders and taking proceedings in the case of any failure or default on the part of a local education authority to perform their duties under this Act shall, in the case of failure or default in the performance of duties under this section, be exerciseable by the Ministry of Health and Local Government and not by the Ministry.

(10) Every local education authority shall furnish to the Ministry of Health and Local Government such particulars as that Ministry may from time to time require of the arrangements made by the authority in the exercise of their functions under this section; and that Ministry may give to any such authority such directions as to the discharge by the authority of those functions as appear to it to be expedient.

(11) The Ministry of Health and Local Government may, with the concurrence of the Ministry, make regulations for the purposes of this section.

(12) In the exercise and performance of their powers and duties under this section the local education


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authority shall act in accordance with the regulations made for the purposes of this section.

Provision of milk and meals.

43. Regulations made by the Ministry shall impose upon local education authorities the duty of providing milk, meals and other refreshment for pupils in attendance at all primary, intermediate and special schools, and shall impose the like duty upon the managers of grammar schools in respect of pupils in attendance at such schools; and the regulations shall make provision as to the manner in which and the persons by whom the expense of providing such milk, meals or refreshment is to be defrayed, as to the facilities to be afforded (including any buildings or equipment to be provided) and as to the services to be rendered by managers and teachers with respect to the provision of such milk, meals or refreshment, and as to such other consequential matters as the Ministry considers expedient, so, however, that such regulations shall not impose upon teachers at any school duties upon days on which the school is not open for instruction, or duties in respect of meals other than the supervision of pupils.

Provision of board and lodging otherwise than at boarding schools.

44.-(1) Where the local education authority are satisfied with respect to any pupil that primary or secondary education suitable to his age, ability, and aptitude can best be provided by them for him at any particular county school, voluntary school, or special school, but that such education cannot be so provided unless accommodation is provided for him otherwise than at the school, the authority may provide such board and lodging for him under such arrangements as they think fit.

(2) In making arrangements under this section for any pupil, a local education authority shall, so far as is practicable, give effect to the wishes of the parent of the pupil with respect to the religious denomination of the person with whom he will reside.

Provision of clothing for pupils at certain schools.

45. Where it appears to a local education authority that -

(a) a pupil at any primary, intermediate or special school; or

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(b) a pupil to whom a scholarship, tenable at a grammar school, has been awarded by the authority under the provisions of this Act;
is unable by reason of the inadequacy of his clothing to take full advantage of the education provided at the school, the authority may provide him with such clothing as, in the opinion of the authority, is necessary for the purpose of ensuring that he is sufficiently clad while he remains a pupil at the school.

Recovery of cost of boarding accommodation and clothing.

46.-(1) Where a local education authority have, under the powers conferred by the foregoing provisions of this Act, provided a pupil with board and lodging otherwise than at a boarding school or with clothing, the authority shall require the parent to pay to the authority in respect thereof such sums, if any, as in the opinion of the authority he is able without financial hardship to pay.

(2) The sums recoverable under this section shall not exceed the cost to the local education authority of providing the board and lodging, or the cost of the clothing provided, as the case may be.

(3) Any sums payable by virtue of this section may be recovered summarily as a civil debt.

Provision of free books and materials.

47. A local education authority shall, in accordance with a scheme approved by the Ministry, provide free of charge for all pupils at primary, intermediate and special schools, books, writing materials, stationery, instruments, practice material and other articles which are necessary to enable the pupils to take full advantage of the education provided.

Reservation of places in grammar schools.

48. It shall be the duty of the managers of each grammar school; in accordance with regulations made by the Ministry for the purposes of this section, to make available, for pupils having the prescribed qualifications, such number of places as may be determined in accordance with those regulations.

Provision of facilities for recreation and social and physical training.

49.-(1) It shall be the duty of every local education authority to secure that the facilities for primary, secondary and further education provided for their area include adequate facilities for recreation and social and physical training, and for that purpose a local education


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authority, with the approval of the Ministry, may establish, maintain and manage, or assist the establishment, maintenance, and management of camps, holiday classes, playing fields, play centres, and other places (including playgrounds, gymnasiums and swimming baths not appropriated to any school), at which facilities for recreation and for such training as aforesaid are available for persons for whom primary, secondary or further education is provided under this Act, and may organise games, expeditions and other activities for such persons, and may defray or contribute towards the expenses thereof.

(2) A local education authority, in making arrangements for the provision of facilities or the organisation of activities under the powers conferred on them by the last foregoing sub-section shall, in particular, have regard to the expediency of co-operating with any voluntary societies or bodies whose objects include the provision of facilities or the organisation of activities of a similar character.

(3) The Ministry may make regulations empowering local education authorities to provide for pupils in attendance at primary, intermediate or special schools such articles of clothing suitable for the physical training provided at the school as may be prescribed.

(4) A local education authority may from time to time make bye-laws for all or any of the following purposes:-

(a) for regulating the use and management of any lands or buildings provided by them for any of the purposes mentioned in sub-section (1) of this section;

(b) for regulating the days and times of, and the charges for, admission to the said lands and buildings;

(c) for the preservation of order and prevention of nuisances in the said lands and buildings;

and may by such bye-laws provide for the removal of any person infringing any bye-law by any officer of the local education authority or police constable: provided that, where a local education authority have acquired, for the purposes of this section, any lands or buildings, situate


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without their area, bye-laws relating to such lands or buildings shall not be confirmed without consultation with the local education authority in whose area such lands or buildings are situate.

(5) As from the date of the commencement of this Part of this Act no grant shall be made under the Youth Welfare, Physical Training and Recreation Acts (Northern Ireland), 1938 and 1944, to any authority which is a local education authority within the meaning of those Acts or to the managers of any school.

Power to ensure cleanliness.

50.-(1) When, as the result of medical inspection or otherwise, it is brought to the notice of a local education authority that the person or clothing of a pupil in attendance at any grant-aided school is infested with vermin or is in a foul condition, the authority may cause an examination thereof to be made.

(2) Any such examination as aforesaid shall be made by a person authorised by the local education authority to make such examinations, and if the person or clothing of any pupil is found upon such an examination to be infested with vermin or in a foul condition, an officer of the authority may serve upon the parent of the pupil a notice requiring him to cause the person and clothing of the pupil to be cleansed.

(3) A notice served under the last foregoing subsection shall inform the person upon whom it is served that unless within the period limited by the notice, not being less than twenty-four hours after the service thereof, the person and clothing of the pupil to whom the notice relates are cleansed to the satisfaction of such person as may be specified in the notice the cleansing thereof will be carried out under arrangements made by the local education authority; and if, upon a report being made to him by that person at the expiration of that period, a medical officer of the authority is not satisfied that the person and clothing of the pupil have been properly cleansed, the medical officer may issue an order directing that the person and clothing of the pupil be cleansed under such arrangements.

(4) It shall be the duty of the local education authority to make arrangements for securing that any person or clothing required under this section to be


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cleansed may be cleansed (whether at the request of a parent or pupil or in pursuance of an order issued under this section) at suitable premises by suitable persons and with suitable appliances; and where the council of any county district in the area of the authority have, or are entitled to the use of, any premises or appliances for cleansing the person or clothing of persons infested with vermin, the authority may require the council to permit the authority to use those premises or appliances for such purposes upon such terms as may be determined by agreement between the authority and the council or, in default of such agreement, by the Ministry of Health and Local Government.

(5) Where an order has been issued by a medical officer under this section directing that the person and clothing of a pupil be cleansed under arrangements made by a local education authority, the order shall be sufficient to authorise any officer of the authority to cause the person and clothing of the pupil named in the order to be cleansed in accordance with arrangements made under the last foregoing sub-section, and for that purpose to convey him to, and detain him at, any premises provided in accordance with such arrangements.

(6) If, after the cleansing of the person or clothing of any pupil has been carried out under this section, his person or clothing is again found to be infested with vermin or in a foul condition at any time while he is in attendance at any grant-aided school, and it is proved that the condition of his person or clothing is due to neglect on the part of his parent, the parent shall be liable on summary conviction to a fine not exceeding one pound.

(7) Where a medical officer of a local education authority suspects that the person or clothing of any pupil in attendance at any grant-aided school is infested with vermin or in a foul condition, but action for the examination or cleansing thereof cannot immediately be taken, he may, if he considers it necessary so to do either in the interest of the pupil or of other pupils in attendance at the school, direct that the pupil be excluded from the school until such action has been taken; and such a direction shall be a defence to any proceedings under this Act in respect of the failure of the pupil to attend school on any day on which he is excluded in pursuance


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of the direction, unless it is proved that the issue of the direction was necessitated by the wilful default of his parent.

(8) No girl shall be examined or cleansed under the powers conferred by this section except by a duly qualified medical practitioner or by a woman authorised for that purpose by a local education authority.

Provision of transport and other facilities.

51.-(1) A local education authority shall, by means of a scheme framed by the authority and approved by the Ministry, make such arrangements for the provision of transport and otherwise as they consider necessary for the purpose of facilitating the attendance of pupils at primary, intermediate and special schools, and any transport provided in pursuance of such arrangements shall be provided free of charge.

(2) Any such scheme as aforesaid may provide for the payment by a local education authority of the reasonable travelling expenses of any pupil in attendance at any other grant-aided school or institution, or at any course or class provided in pursuance of a scheme of further education in any case where they consider it necessary to do so for the purpose of facilitating the attendance of the pupil at that school, institution, course or class.

(3) For the purpose of any such scheme as aforesaid transport shall be deemed to have been provided for a pupil in attendance at a primary, intermediate or special school if the reasonable travelling expenses of the pupil are paid by the local education authority.

(4) For the purpose of facilitating the attendance of pupils at any grant-aided school or institution a local education authority may, with the approval of the Ministry, make, repair, improve or maintain a footpath, foot-bridge or other means of approach to the school or institution, or may make a contribution towards the cost of so doing.

(5) With a view to assisting in the prevention of road accidents to children proceeding to or from any grant-aided school, a local education authority may, in accordance with a scheme framed by the authority and approved by the Ministry, carry into effect such measures as may be set out in the scheme.


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Power to provide primary and secondary education otherwise than at school.

52. If a local education authority are satisfied that by reason of any exceptional circumstances a child or young person is unable to attend a suitable school for the purpose of receiving primary or secondary education, they shall have power with the approval of the Ministry to make special arrangements for him to receive such education otherwise than at school.

Duty of local education authorities with respect to ineducable children.

53.-(1) If it appears to the local education authority that any child in their area who has attained the age of two years is suffering from a disability of mind of such a nature or to such an extent as to make him incapable of receiving education at school, it shall be the duty of the authority by notice in writing served upon the parent of the child to require the parent to submit him for examination by a medical officer of, or a duly qualified medical practitioner nominated by, the authority; and if a parent upon whom such a notice is served fails without reasonable excuse to comply with the requirements thereof, he shall be liable on summary conviction to a fine not exceeding five pounds.

(2) Before any child is so medically examined as aforesaid, the authority shall cause notice to be given to the parent of the time and place at which the examination will be held, and the parent shall be entitled to be present at the examination if he so desires.

(3) If, after considering the advice given with respect to any child by a medical officer in consequence of any such medical examination as aforesaid and any reports or information which the local education authority are able to obtain from teachers or other persons with respect to the ability and aptitude of the child, the authority decide that the child is suffering from a disability of mind of such a nature or to such an extent as to make him incapable of receiving education at school, it shall be the duty of the authority to make to the Ministry of Health and Local Government a report that the child has been found incapable of receiving education at school; and any such report shall be accompanied by such records and other information relating to the child as may be prescribed:

Provided that, before issuing any such report with respect to any child, the local education authority shall give to the parent of the child not less than fourteen days'


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notice in writing of their intention to do so, and if within that period the parent refers to the Ministry the question whether such a report should be issued, the report shall not be issued except by direction of the Ministry.

(4) For the purposes of this section, a child shall be deemed to be suffering from a disability of mind of such a nature and extent as to make him incapable of receiving education at school not only if the nature and extent of his disability are such as to make him incapable of receiving education, but also if they are such as to make it inexpedient that he should be educated in association with other children either in his own interests or in theirs.

Employment of Children and Young Persons.

Adaptation of enactments relating to the employment of children or young persons.

54. For the purposes of any enactment relating to the prohibition or regulation of the employment of children or young persons, any person who is not for the purposes of this Act over compulsory school age shall be deemed to be a child within the meaning of that enactment.

Power of local education authorities to prohibit or restrict employment of children.

55.-(1) If it appears to a local education authority that any child who is a registered pupil at any school is being employed in such manner as to be prejudicial to his health or otherwise to render him unfit to obtain the full benefit of the education provided for him, the authority may, by notice in writing served upon the employer, prohibit him from employing the child, or impose such restrictions upon his employment of the child as appear to them to be expedient in the interests of the child.

(2) A local education authority may, by notice in writing served upon the parent or employer of any child who is a registered pupil at any school, require the parent or employer to provide the authority, within such period as may be specified in the notice, with such information as appears to the authority to be necessary for the purpose of enabling them to ascertain whether the child is being employed in such a manner as to render him unfit to obtain the full benefit of the education provided for him.

(3) Any person who employs a child in contravention of any prohibition or restriction imposed under sub-


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section (1) of this section, or who fails to comply with the requirements of a notice served under sub-section (2) of this section, shall be guilty of an offence against this section and liable on summary conviction, in the case of a first offence to a fine not exceeding one pound, in the case of a second offence to a fine not exceeding five pounds, and in the case of a third or subsequent offence 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.

(4) If it is made to appear to a court of summary jurisdiction on the complaint of an officer of a local education authority, that there is reasonable cause to believe that a child who is a registered pupil at any school is employed in contravention of any prohibition or restriction imposed under sub-section (1) of this section in any place, whether a building or not, the court may by order addressed to an officer of the authority empower him to enter such place at any reasonable time within forty-eight hours of the making of the order and to make inquiries therein with respect to such child.

(5) Any person who obstructs an officer of a local education authority in the due exercise of any powers conferred on him by or under this section, or who refuses to answer or answers falsely any inquiry authorised by or under this section to be made, shall be liable on summary conviction in respect of each offence to a fine not exceeding twenty pounds.

(6) Proceedings under this section may be brought by or in the name of any officer of a local education authority or by a police officer or constable.

Power of local education authorities to give assistance with respect to the choice of employment.

56. The powers of a local education authority shall include a power to make arrangements, subject to the approval of the Ministry, for giving to pupils on leaving school assistance with respect to the choice of suitable employment by means of the collection and communication of information and the furnishing of advice, and for this purpose a local education authority may make a joint arrangement or agreement with any other local education authority or with any local authority, voluntary agency or other body, and such arrangement or agreement may, among other things, provide for the proportion in which


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the expenses incurred under it are to be borne by the local education authority and any other parties thereto.

Miscellaneous Provisions.

Prohibition of fees in primary, intermediate and special schools.

57.-(1) No fees shall be charged to a parent in respect of the admission of any pupil to any primary, intermediate or special school, or in respect of the education provided for him thereat.

(2) Where any pupil in attendance at any such school is provided at the school with board and lodging at the expense of the local education authority, fees shall be payable in respect of the board and lodging not exceeding such amounts as may be determined in accordance with scales approved by the Ministry:

Provided that where the local education authority are satisfied that payment of the full fees payable under this sub-section would involve financial hardship to the person liable to pay them, the authority shall remit such part of the fees as they consider ought to be remitted in order to avoid such hardship, or, if in the opinion of the authority such hardship cannot otherwise be avoided, shall remit the whole of the fees.

(3) Any sums payable under the last foregoing subsection in respect of a pupil shall be payable by his parent, and any sums so payable shall be recoverable summarily as a civil debt.

Fees in grammar schools.

58. The managers of a grammar school may, with the approval of the Ministry, determine the fees to be charged in respect of pupils admitted to the school.

Training and certification of teachers.

59.-(1) The Ministry shall make such arrangements as it considers expedient for securing that there shall be available sufficient facilities for the training of teachers for service in schools and other educational establishments in Northern Ireland.

(2) The Ministry may with the approval of the Ministry of Finance and subject to such conditions as the Ministry may determine, make grants in respect of expenditure incurred or to be incurred by any persons for the purposes of this section.


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(3) Any facilities for the training of teachers recognised by the Ministry and available at the date of the commencement of this Part of this Act shall be deemed to be facilities provided under this section.

(4) The Ministry may make such regulations (including regulations as to the certification of teachers) as appear to it necessary or proper for the purpose of giving full effect to this section.

Temporary interchange of teachers with teachers outside Northern Ireland.

60.-(1) Provision may be made by regulations made by the Ministry, after consultation with the Ministry of Finance, for enabling any teacher in a grant-aided school or institution to interchange duty with a teacher from any part of His Majesty's dominions or from any foreign country.

(2) Any regulations made for the purpose of this section shall provide that an interchange of teachers -

(a) shall not take place without the consent of the local education authority or managers of the school or other institution in Northern Ireland concerned with the interchange; and

(b) shall be subject to the sanction of the Ministry and to the fulfilment of such conditions as the Ministry may deem it necessary to impose.

(3) Any regulations made for the purpose of this section may provide for determining the amounts which teachers are to be treated as receiving, during periods of interchange, by way of salary for the purposes of any superannuation scheme applicable to such teachers, and for determining how far any such periods are to be treated as service for those purposes.

Determination of disputes and questions.

61.-(1) Save as otherwise expressly provided by this Act, any dispute between a local education authority and the managers of any grant-aided school with respect to the exercise of any power conferred or the performance of any duty imposed by or under this Act, may, notwithstanding any enactment rendering the exercise of the power or the performance of the duty contingent upon the opinion of the authority or of the managers, be referred to the Ministry; and any such dispute so referred shall be determined by the Ministry.


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(2) Any dispute between two or more local education authorities as to which of them is responsible for the provision of education for any pupil or whether contributions in respect of the provision of education for any pupil are payable under this Act by one local education authority to another, shall be determined by the Ministry.

Power of Ministry to prevent unreasonable exercise of functions.

62. If the Ministry is satisfied, either on complaint by any person or otherwise, that a local education authority or the managers of any grant-aided school have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under this Act, the Ministry may, notwithstanding any enactment rendering the exercise of the power or the performance of the duty contingent upon the opinion of the authority or of the managers, give such directions as to the exercise of the power or the performance of the duty as appear to the Ministry to be expedient.

Powers of Ministry and Ministry of Health and Local Government as to medical examinations and inspections.

63.-(1) The Ministry may make regulations as to the conduct of medical examinations and medical inspections for the purposes of this Act, and such regulations may, in particular, make provision requiring that any class of such examinations or inspections shall be conducted by duly qualified medical practitioners having such special qualifications or experience as may be prescribed, or shall be conducted by a duly qualified medical practitioner selected with the approval of the Ministry.

(2) Where any question is referred to the Ministry under this Part of this Act, then, if in the opinion of the Ministry the examination of any pupil by a duly qualified medical practitioner appointed for the purpose by it would assist the determination of the question referred to it, the Ministry may by notice in writing served on the parent of the pupil require the parent to submit the pupil for examination by such a practitioner; and if any parent on whom such a notice is served fails without reasonable excuse to comply with the requirements thereof, he shall be liable on summary conviction to a fine not exceeding five pounds.

(3) In relation to the conduct of medical examinations and medical inspections and to the provision of


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medical treatment, as to which functions are imposed by or under this Part of this Act upon the Ministry of Health and Local Government, this section and the last preceding section 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.

Secondary Education and Further Education in certain County Districts.

Special provisions as to secondary education and further education in certain county districts.

64.-(1) The following provisions of this section shall have effect in any case where, immediately before the date of the commencement of this Part of this Act (in this section referred to as "the relevant date") the council of a county district (in this section referred to as "the council") were, as respects their district, exercising the powers and performing the duties of an education authority under Part IV of the Act of 1923 in relation to technical instruction within the meaning of that Act.

(2) The council shall -

(a) to the extent to which they were at the relevant date providing education which is secondary education within the meaning of this Act; and

(b) for the purpose of the provision of further education;

be the local education authority for their district, and shall, in relation to secondary education to the extent mentioned in paragraph (a) of this sub-section, and also in relation to further education, exercise and perform the powers and duties conferred or imposed upon a local education authority under this Act to the exclusion of the local education authority for the education area in which the said district is situate:

Provided that the council and the appropriate local education authority may, upon such terms as may be agreed, and with the approval of the Ministry, enter into an arrangement for the exercise and performance by the local education authority on behalf of the council of all or any of the powers and duties in relation to secondary education conferred upon the council under this section.

(3) The powers and duties of the council under this section shall, except as respects the raising of money by


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rate or loan, the general control of expenditure to such extent as may be retained by the council themselves, and the acquisition, holding and disposal of land, be exercised and performed through an education committee constituted in accordance with a scheme framed by the council and approved by the Ministry:

Provided that any committee appointed by the council for the purposes of Part IV of the Act of 1923 and existing at the relevant date shall, until a committee is constituted under this sub-section, be deemed to be a committee so constituted.

(4) The expenses of the council incurred for the purposes of this section may be defrayed out of any rate or fund applicable to the purposes of the Public Health Acts (Northern Ireland), 1878 to 1946; and the council may borrow money for those purposes as if they were purposes for which the council are authorised to borrow under the said Public Health Acts.

(5) The council may at any time, by agreement made with the local education authority for the education area in which the county district is situate, relinquish in favour of the local education authority the powers and duties conferred upon the council under this section; and any agreement under this sub-section shall contain such supplemental, consequential and incidental provisions as may appear necessary or proper in order to provide for any matters arising out of the relinquishment of the said powers and duties of the council or any committee thereof.

(6) Upon the coming into operation of any such agreement as aforesaid, the provisions of the Third Schedule to this Act shall have effect with respect to the officers of the council or committee and the transfer from the council to the local education authority of any property, rights or liabilities:

Provided that the existing staff of full-time teachers (other than teachers who have been employed in a school or institution for a period of less than six months immediately before it is transferred to the local education authority) shall be taken over by the authority, and shall from the date of transfer be placed as regards appointment, dismissal and remuneration on terms not less favourable than those applicable to them before the


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transfer, and this proviso may, if the local education authority agree, be applied to any teachers who may have been employed in the school or institution for a period of less than six months immediately before the transfer.

(7) If, in consequence of the relinquishment by the council of the powers and duties conferred upon them under this section, any officer of the council or committee who was in the whole-time employment of the council or committee 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:

Provided that this sub-section shall not apply to any officer who -

(a) had been employed by the council or committee for a period of less than two completed years ending on the date on which he ceased to be so employed; or

(b) within one month after that date is offered employment, either by the council or by the local education authority in whose favour the council have relinquished their powers and duties, on terms not less favourable than those upon which he was employed by the council immediately before that date.

(8) If any question arises under the last preceding sub-section 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.

PART II.

INDEPENDENT SCHOOLS.

Registration of independent schools.

65.-(1) The Ministry shall keep a register of all independent schools, which shall be open to public inspection at all reasonable times, and shall register therein any independent school of which the proprietor makes application for the purpose in the prescribed manner and furnishes the prescribed particulars:


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Provided that -

(a) no independent school shall be registered if by virtue of an order made under the provisions hereinafter contained, the proprietor is disqualified from being the proprietor of an independent school or the school premises are disqualified from being used as a school, or if the school premises are used or proposed to be used for any purpose for which they are disqualified by virtue of any such order; and

(b) the registration of any such school shall be provisional only until the Ministry, after the school has been inspected on its behalf under the provisions of Part III of this Act, gives notice to the proprietor that the registration is final.

(2) If after the expiration of six months from the date of the commencement of this Part of this Act any person -
(a) conducts an independent school (whether established before or after the commencement of that Part) which is not a registered school or a provisionally registered school; or

(b) being the proprietor of an independent school does any act calculated to lead to the belief that the school is a registered school while it is a provisionally registered school;

he shall be liable on summary conviction to a fine not exceeding twenty pounds or in the case of a second or subsequent conviction to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

(3) The Ministry may make regulations prescribing the particulars to be furnished to it by the proprietors of independent schools, and such regulations may provide for the notification to the Ministry of any changes in the particulars so furnished and as to the circumstances in which the Ministry may delete the name of any school from the register in the event of its being unable to obtain sufficient particulars thereof.


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Complaints.

66.-(1) If at any time the Ministry is satisfied that any registered or provisionally registered school is objectionable upon all or any of the following grounds -

(a) that the school premises or any parts thereof are unsuitable for a school;

(b) that the accommodation provided at the school premises is inadequate or unsuitable having regard to the number, ages, and sex of the pupils attending the school;

(c) that efficient and suitable instruction is not being provided at the school having regard to the ages and sex of the pupils attending thereat;

(d) that the proprietor of the school or any teacher employed therein is not a proper person to be the proprietor of an independent school or to be a teacher in any school, as the case may be;

the Ministry shall serve upon the proprietor of the school a notice of complaint stating the grounds of complaint together with full particulars of the matters complained of, and, unless any such matters are stated in the notice to be in the opinion of the Ministry irremediable, the notice shall specify the measures necessary in the opinion of the Ministry to remedy the matters complained of, and shall specify the time, not being less than six months after the service of the notice, within which such measures are thereby required to be taken.

(2) If it is alleged by any notice of complaint served under this section that any person employed as a teacher at the school is not a proper person to be employed in any school, that person shall be named in the notice and the particulars contained in the notice shall specify the grounds of the allegation, and a copy of the notice shall be served upon him.

(3) Every notice of complaint served under this section and every copy of such a notice so served shall limit the time, not being less than one month after the service of the notice or copy, within which an appeal may be taken against the notice in accordance with the provisions of the next following section.

Appeals against complaints.

67.-(1) Any person upon whom a notice of complaint or a copy of such a notice is served under the last foregoing section may, within the time limited by the


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notice and in accordance with rules of court made under this Part of this Act, appeal therefrom to the county court having jurisdiction for the place where the school in respect of which the notice of complaint was served is situate.

(2) The court by whom any appeal under this section is heard shall have power -

(a) to order that the complaint be annulled;

(b) to order that the school in respect of which the notice of complaint was served be struck off the register;

(c) to order that the school be so struck off unless the requirements of the notice, subject to such modifications, if any, as may be specified in the order, are complied with to the satisfaction of the Ministry before the expiration of such time as may be specified in the order;

(d) if satisfied that the premises alleged by the notice of complaint to be unsuitable for use as a school or any part of such premises are in fact unsuitable for such use, by order to disqualify the premises or part from being so used, or, if satisfied that the accommodation provided at the school premises is inadequate having regard to the number, ages, and sex of the pupils attending the school, by order to disqualify the premises from being used as a school for pupils exceeding such number or of such age or sex as may be specified in the order;

(e) if satisfied that any person alleged by the notice of complaint to be a person who is not proper to be the proprietor of an independent school or to be a teacher in any school is in fact such a person, by order to disqualify that person from being the proprietor of any independent school or from being a teacher in any school, as the case may be.

(3) Where a notice of complaint has been served under this Act on the proprietor of any school and no appeal is taken by him against the notice within the time limited in that behalf by the notice, the Ministry shall


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have power to make any order which the court would have had power to make if an appeal had been taken against the notice:

Provided that if it was alleged by the notice of complaint that any person employed as a teacher at the school is not a proper person to be a teacher in any school and that person has, within the time limited in that behalf by the copy of the notice served upon him, appealed to the county court against the notice, the Ministry shall not have power to make an order requiring his dismissal or disqualifying him from being a teacher in any schooL

(4) Where by virtue of an order made by the county court or by the Ministry any person is disqualified either from being the proprietor of an independent school or from being a teacher in any school, then, unless the order otherwise directs, that person shall, by virtue of the order, be disqualified both from being the proprietor of an independent school and from being a teacher in any school.

(5) Every order of a county court made under this Part of this Act shall be registered by the Ministry and shall be open to public inspection at all reasonable times.

Enforcement.

68.-(1) Where an order is made by the Ministry or by a county court directing that any school be struck off the register, the Ministry shall as from the date on which the direction takes effect strike the school off the register.

(2) If any person uses any premises for purposes for which they are disqualified by virtue of any order made under this Part of this Act, that person shall be liable on summary conviction to a fine not exceeding twenty pounds or in the case of a second or subsequent conviction (whether in respect of the same or other premises) to a fine not exceeding fifty pounds, or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

(3) If any person acts as the proprietor of an independent school, or accepts or endeavours to obtain employment as a teacher in any school, while he is disqualified from so acting or from being so employed by virtue of any such order as aforesaid, he shall be liable on summary conviction to a fine not exceeding twenty


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pounds or in the case of a second or subsequent offence to a fine not exceeding fifty pounds, or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

(4) No proceedings shall be instituted for an offence against this Part of this Act except by or on behalf of the Ministry.

(5) For the purposes of the foregoing provisions of this Part of this Act, a person who is disqualified by an order made under Part III of

7 & 8 Geo. 6. c. 31.

the Education Act, 1944, or Part IV of

8 & 9 Geo. 6. c. 37.

the Education (Scotland) Act, 1945, from being the proprietor of an independent school or from being a teacher in any school shall be deemed to be so disqualified by virtue of an order made under this Part of this Act.

Removal of disqualifications.

69.-(1) If on the application of any person the Ministry is satisfied that any disqualification imposed by an order made under this Part of this Act is, by reason of any change of circumstances no longer necessary, the Ministry may by order remove the disqualification.

(2) Any person who is aggrieved by the refusal of the Ministry to remove a disqualification so imposed may, within such time after the refusal has been communicated to him as may be limited by rules of court and in accordance with those rules, appeal against the refusal to the county court having jurisdiction for the place where the school in respect of which the order was made is situate.

Rules of court.

70. Rules of court regulating the procedure and costs of proceedings in the county court under this Part of this Act may be made by the authority having power to make rules and orders for regulating the practice of the county courts.

PART III.

GENERAL.

GENERAL PRINCIPLE TO BE OBSERVED BY THE MINISTRY AND LOCAL EDUCATION AUTHORITIES.

Pupils to be educated in accordance with the wishes of their parents.

71. 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.

Inspection of educational establishments.

72. 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.

Special provisions as to inspection of endowed schools.

73. Every scheme in force under

48 & 49 Vict. c. 78.

the Educational Endowments (Ireland) Act, 1885, 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

18 & 19 Geo. 5. c. 14.

the Administrative Pro-


[page 85]

visions Act (Northern Ireland), 1928, 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.

Provision of certain ancillary services for pupils not in attendance at county or voluntary schools.

74.-(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.

Registration of pupils at school.

75.-(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.

Provision of scholarships by local education authorities.

76.-(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.

Provision of scholarships by the Ministry.

77. 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.

Powers of local education authorities as to educational research.

78. 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.

Powers of local education authorities as to educational conferences.

79. 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.

Power of local education authorities to assist voluntary nursery schools.

80. 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.

Duties of local education authorities in relation to certain voluntary schools.

81.-(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.

Power of to assist voluntary grammar schools.

82. 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.

Teachers' salaries.

83. 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.


[page 89]

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.

Qualifications, and terms and conditions of employment, of teachers.

84.-(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.

Disqualification for certain offices, and removal of disqualification for membership of certain local authorities.

85.-(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

S. R. & O. 1898 No. 1120.

the Local Government (Application of Enactments) Order, 1898, as amended by sub-section (2) of section eighteen of

24 & 25 Geo. 5. c. 22.

the Local Government Act (Northern Ireland), 1934, 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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Provisions as to teachers' residences.

86.-(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

25 & 26 Geo. 5. c. 13.

the Summary Jurisdiction and Criminal Justice Act (Northern Ireland), 1935, 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

38 & 39 Vict. c. 82.

the National School Teachers' Residences (Ireland) Act, 1875, 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.

Provision of caretakers' residences.

87. 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.

Power of local education authorities to accept gifts for educational purposes.

88. 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.

Officers of local education authorities.

89.-(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.

Superannuation of officers of local education authorities.

90.-(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,

32 & 33 Vict. c. 79.

the Local Officers Superannuation Act (Ireland), 1869;

(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

61 & 62 Vict. c. 37.

the Local Government (Ireland) Act, 1898.

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

55 & 56 Vict. c. 42.

the Irish


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Education Act, 1892, 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.

Powers and duties of education committees.

91.-(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.

Powers, procedure, etc of councils and committees.

92.-(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.

Expenses of local education authorities.

93.-(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.

Borrowing powers of local education authorities.

94.-(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

11 & 12 Geo. 5. c. 67.

the Local Authorities (Financial Provisions) Act, 1921 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

1945, c. 11.

the Government Loans Act (Northern Ireland), 1945, on the manner of borrowing by local authorities.

Acquisition of land and other dealings in land by local education authorities.

95.-(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


[page 99]

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.

Compensation for loss of office.

96.-(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:


[page 100]

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.

Reports and returns.

97. 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.

Power to enforce duties of local education authorities.

98.-(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 -


[page 101]

(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.

Certificates of birth.

99.-(1) Where the age of any person is required to be ascertained or proved for the purposes of this Act or of


[page 102]

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

1 Edw. 7. c. 22.

the Factory and Workshop Act, 1901, so far as unrepealed, shall cease to have effect.

Procedure as to making and confirmation of bye-laws of local education authorities

100.-(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.

Provisions as to evidence.

101.-(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


[page 104]

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.

Offences, fines, and appeals.

102.-(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).

Power of Ministry and Ministry of Health and Local Government to direct inquiries.

103.-(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:


[page 105]

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


[page 106]

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.

Grants in aid of educational services.

104.-(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.

Contributions from local rates to the Ministry in respect of certain items of expenditure.

105.-(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

[page 108]

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

24 & 25 Geo. 5. c. 13.

the Finance Act (Northern Ireland), 1934.

(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

1944, c. 17.

the Local Government (Finance) Act (Northern Ireland), 1944, 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

20 Geo. 5. c. 10.

the Local Government (Rating and Finance) Act (Northern Ireland), 1929, 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.


[page 109]

Government grants for voluntary schools.

106.-(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.

Contributions between local education authorities.

107.-(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


[page 111]

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.

Expenses of Ministry and Ministry of Health and Local Government

108. 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.

Power to facilitate commencement of Part I.

109.-(1) Without prejudice to any powers exercisable under section thirty-seven of

52 & 53 Vict. c. 63.

the Interpretation Act, 1889, 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-


[page 112]

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.

Power to prescribe dates for school attendance.

110.-(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.

Revocation and variation of orders, etc.

111. 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,


[page 113]

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.

Regulations for purposes of Act.

112.-(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.

Service of notices, etc.

113.-(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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Publication of notices.

114.-(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.

Annual report to Parliament.

115. 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.

Interpretation.

116.-(1) In this Act, unless the contrary intention appears, the following expressions have the meanings hereby assigned to them, that is to say:-

13 & 14 Geo. 5. c. 21.

"Act of 1923" means the Education Act (Northern Ireland), 1923;

20 & 21 Geo. 5. c. 14.

"Act of 1930" means the Education Act (Northern Ireland), 1930;

"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;


[page 115]

"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

41 & 42 Vict. c. 33.

the Dentists Act, 1878, employed or engaged, whether regularly or for the purposes of any particular case, by a local education authority;


[page 116]

"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;


[page 117]

"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

5 & 6 Will. 4 c. 62

the Statutory Declarations Act, 1835, 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;


[page 118]

"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


[page 119]

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.

Saving as to persons of unsound mind and persons detained by order of a court.

117. 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

43 & 44 Vict. c. 39.

the County Court Jurisdiction in Lunacy (Ireland) Act, 1880, 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

22 & 23 Geo. 5. c. 15.

the Mental Treatment Act (Northern Ireland), 1932, 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.

Commencement.

118. 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.

Amendment of enactments and other instruments.

119.-(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 -


[page 120]

(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.

Repeal of enactments.

120. 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;

[page 121]

(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.

Short title.

121. This Act may be cited as the Education Act (Northern Ireland), 1947.

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.


[page 122]

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.


[page 123]

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, &c., 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.


[page 126]

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;


[page 127]

(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 -

[page 128]

(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.


[page 129]

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


[page 130]

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-sevenFor 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 seventyThe 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.


[page 131]

EIGHTH SCHEDULE.

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.