Education (Scotland) Act 1949 This Act made miscellaneous amendments to the 1946 Education (Scotland) Act. The printed version of this Act does not have a preliminary page setting out the contents, so I have created it here. The page number in this section (i) is therefore arbitrary.
The text of the Education (Scotland) Act 1949 was prepared by Derek Gillard and uploaded on 20 July 2014. |
Education (Scotland) Act 1949 © Crown copyright material is reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland. [page i] 1 Attendance at junior colleges
Schedule - Minor amendments Part I - Amendments of the principal Act [page 27] An Act to amend the provisions of the Education (Scotland) Act 1946, relating to attendance at junior colleges, to the powers of education authorities to provide education for pupils belonging to the areas of other authorities and to enable persons to take advantage of educational facilities and to other matters; and to amend the provisions of other Acts relating to defective children and the employment of children. [9th March 1949.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:- 1 Attendance at junior colleges Sections thirty-nine, forty, forty-one and one hundred and thirty-seven of the Education (Scotland) Act 1946 (9 & 10 Geo. 6. c. 72) (which relate to attendance at junior colleges and to the effect of attendance notices on computation of working hours) shall come into operation on such day as the Secretary of State may appoint, being as early a day as he considers practicable; and the Seventh Schedule to the said Act (hereinafter referred to as "the principal Act") in so far as that Schedule relates to the said sections shall cease to have effect. 2 Amendment of s. 24 of principal Act In section twenty-four of the principal Act (which relates to the provision by an education authority for the education of pupils belonging to other areas), for subsection (3) there shall be substituted the following subsection:- "(3) The Secretary of State may make regulations prescribing the areas to which particular classes of pupils receiving primary or secondary education are to be deemed [page 28] to belong for the purposes of this section and any such pupil to whom the regulations apply shall be deemed to belong to the area determined in accordance with the regulations. Any other pupil receiving primary or secondary education shall, for the aforesaid purposes, be deemed to belong to the area in which his parent is ordinarily resident, and any pupil receiving further education shall be deemed to belong to the area in which he himself is ordinarily resident:3 Dates for commencing and terminating school attendance For section thirty-three of the principal Act there shall be substituted the following section:- "33 (1) The Secretary of State may from time to time require an education authority to fix for their area any or all of the following dates (hereinafter referred to as 'fixed dates') -(a) two or more fixed dates for commencing school attendance; and(2) The education authority shall submit proposals for fixed dates to the Secretary of State, and the Secretary of State may approve the proposals or may after consultation with the authority and with such other persons as he thinks fit direct the authority to fix other dates. The authority shall thereupon fix the dates approved by the Secretary of State or the dates specified in the said direction as the case may be. [page 29] (5) Where the fifteenth anniversary of the day of the birth of a child for whom the upper limit of the school age is fifteen falls outwith a holiday period and does not fall on a school leaving date, the child shall for the purpose of terminating attendance at school be deemed to attain the age of fifteen on the school leaving date next following the said anniversary. Any other child for whom the upper limit of the school age is fifteen shall be entitled to terminate school attendance on the said anniversary. This subsection shall apply to a child for whom the upper limit of the school age is sixteen with the substitution of the word 'sixteen' for the word 'fifteen' and of the word 'sixteenth' for the word 'fifteenth', wherever those words occur.4 Amendment of s. 43 of principal Act (1) In section forty-three of the principal Act (which empowers education authorities to enable persons to take advantage of educational facilities) in subsection (1) for the words "resident in" there shall be substituted the words "belonging to". (2) At the end of the said section there shall be inserted the following subsections:- "(4) For the purposes of this section, a pupil attending school shall be deemed to belong to the area in which his parent is ordinarily resident and any other person shall be deemed to belong to the area in which he himself is ordinarily resident: [page 30] (5) Where the education authorities concerned are unable to agree as to the education area to which a person is to be deemed to belong for the purposes of this section, the question shall be determined by the Secretary of State."5 Miscellaneous amendments of enactments The amendments set forth in Part I and Part II of the Schedule to this Act, being amendments which relate to minor matters, shall be made in the principal Act and in the Acts specified in the said Part II respectively. 6 Citation and construction (1) This Act may be cited as the Education (Scotland) Act 1949. (2) The Education (Scotland) (War Service Superannuation) Act 1939 (2 & 3 Geo. 6. c. 96), the Education (Scotland) Act 1946, the Education (Exemptions) (Scotland) Act 1947 (10 & 11 Geo. 6. c. 36), and this Act shall be construed as one, and may be cited together as the Education (Scotland) Acts 1939 to 1949.
Section 5 Section three In subsection (1) for the words "for whom primary, secondary or further education is provided by the authority" there shall be substituted the words "receiving primary, secondary or further education". Section eleven For subsection (3) the following subsection shall be substituted:- "(3) It shall be in the power of an education authority to provide -(a) for pupils in attendance at any school, junior college or other educational establishment under their management, articles of clothing suitable for physical exercise or for other activities of the school, college or establishment for which special clothing is desirable, and [page 31] Section seventeen(b) for persons who make use of facilities for physical training made available to them by the authority under subsection (1) of section three of this Act, articles of clothing suitable for physical exercise." In subsection (1) for the words from "for all pupils" to the end of the subsection there shall be substituted the words "to enable them to carry the said scheme into effect." Section twenty For section twenty the following section shall be substituted:- "20 (1) The Secretary of State may make regulations prescribing standards applicable to the premises or equipment of schools, junior colleges and other educational establishments under the management of education authorities, and such regulations may prescribe appropriate standards for such types of schools, junior colleges and other educational establishments as may be specified in the regulations. If the Secretary of State is satisfied, after consultation with the education authority, that it is impracticable or would be unreasonable to apply the standards prescribed in the regulations to the premises or equipment of a particular school, college or establishment, he may make an order prescribing modified standards for such school, college or establishment. [page 32] colleges and other educational establishments under the management of an education authority are maintained in such a condition as to contribute to the good health of the pupils, it shall be the duty of an education authority to cause their medical officers as part of their ordinary work from time to time to inspect and to report to them upon the said premises and equipment, and in making the said inspections the medical officers shall have special regard to the lighting, heating and ventilation, and to the sanitary arrangements."Section twenty-three In subsection (1) after the words "this Act" where they first occur there shall be inserted the words "and an education authority and any other local authority may make arrangements for co-operation or combination in the exercise of any functions which the authorities have respectively power to exercise;" and the following subsection shall be added to the end of the section:- "(4) In this section the expression 'local authority' means a county, town or district council."Section thirty-two In subsection (4) for the words "that child" there shall be substituted the words "and the child is in attendance at a special school, he" Section thirty-five The following subsection shall be added at the end of the section:- "(4) For the purposes of this section, a child who has been required to discontinue for any period his attendance at a school on account of his parent's refusal or failure to comply with the rules, regulations or disciplinary requirements of the school, shall, unless the court otherwise determines, be deemed to have failed without reasonable excuse to attend regularly at the school."Section thirty-nine In subsection (1) for the word "residing" there shall be substituted the words "ordinarily resident." Section forty In subsection (1) for the word "resides" there shall be substituted the words "is ordinarily resident." Section forty-four In subsection (1), in paragraph (a), the words "resident in their area" shall be omitted. Section forty-five In paragraph (e) after the word "paying" there shall be inserted the words " the whole or any part, as the authority think fit, of" [page 33] Section forty-six For the word "shall" where it first occurs there shall be substituted the words "may, in their discretion" Section forty-eight In subsection (1) for the words "public school in their area" there shall be substituted the words "school under their management"; after subsection (2) the following subsection shall be inserted:- "(2A) Without prejudice to any powers conferred upon them by the last two foregoing subsections, an education authority may provide clothing free of charge -and in subsection (3) in paragraph (a) for the words "in the area of the authority in which he resides" there shall be substituted the words "under the management of the education authority in whose area he is ordinarily resident," and in paragraph (b) for the words "in the area" there shall be substituted the words "under the management."(i) for any pupil who is a boarder at it school, orunder the management of the authority"; After section forty-nine the following section shall be inserted;- "49A Provision of clothingSection fifty-five In subsection (2), after the word "may" there shall be inserted the words ", within fourteen days after the date of issue thereof." Section fifty-six The following subsections shall be added at the end of the section:- "(2) If, at any time after a report has been made under the foregoing provisions of this section, the local health authority or an authority or body responsible for the management of an institution in which the child is under care are of opinion that the decision recorded in the report ought to be reviewed, they shall notify the education authority of their opinion and thereupon [page 34] the education authority shall cause the child to be medically examined and the provisions of subsections (2) and (3) of section fifty-four of this Act shall apply for the purpose of such examination in like manner as they apply for the purpose of the duty of the authority under subsection (1) of the said section. [page 35] Section fifty-seven The following subsection shall be added at the end of the section:- "(2) The provisions of subsections (2) and (3) of section fifty-four of this Act shall apply for the purpose of the duty of an education authority under the last foregoing subsection in like manner as those provisions apply for the purpose of the duty of the authority under subsection (1) of the said section."Section fifty-eight For the words "these Acts" there shall be substituted the words "the Mental Deficiency Acts". Section fifty-nine In subsection (1), for the proviso the following proviso shall be substituted:- "Provided that where the Secretary of State certifies that on account of urgency or any special reason any regulations ought to come into immediate operation, he may make such regulations to come into operation immediately as provisional regulations, and shall include a regulation prescribing a period for which the provisional regulations are to remain in force. The provisional regulations shall cease to have effect at the end of the said period unless continued in force by regulations made in accordance with the foregoing provisions or by further provisional regulations."Section seventy In paragraph (1), for the words "of conducting leaving certificate examinations" there shall be substituted the words "incurred by the Secretary of State in conducting examinations for the award of certificates relating to secondary education". Section seventy-seven In subsection (3) after the words "for the purposes of" there shall be inserted the words "paragraph (c) of subsection (5) of section one and"; and for the word "section" where it last occurs there shall be substituted the word "sections". Section eighty-one The following paragraph shall be added at the end of subsection (5):- "and [page 36] Section ninety-seven The words from "and satisfies" to do so" shall be omitted. Section ninety-eight For the word "subsection" there shall be substituted the word "section". Section one hundred and three In subsection (3) for the words "rules under the Teachers Superannuation Scheme" there shall be substituted the words "the Teachers Superannuation Scheme or rules made thereunder." Section one hundred and twenty-three In subsection (1) after the word "heard" there shall be inserted the words "at such inquiry". Section one hundred and twenty-five In subsection (1) after the word "presented" there shall be inserted the words "or, if the Court of Session have refused the prayer of a petition presented to them under the said subsection". Section one hundred and thirty-six In subsections (1) and (2) for the words "on the roll of a school in their area" there shall be substituted the words "attending a school under their management". Section one hundred and forty For section one hundred and forty the following section shall be substituted:- "140 (1) Unless the context otherwise requires, no power or duty conferred or imposed by this Act on the Secretary of State, on education authorities or on parents or young persons shall be construed as relating to any person to whom this section applies: [page 37] Section one hundred and forty-three(c) any person for whose custody during His Majesty's pleasure His Majesty is authorised to give order; In subsection (1), in the definition of "premises", after the word "includes" there shall be inserted the words "the site of such establishment"; at the end of the definition of "pupil" there shall be inserted the words "and a pupil shall be deemed to be attending or in attendance at a school if he is shown by the register of admission and withdrawal kept at the school in accordance with regulations made under this Act, or by any other register approved by the Secretary of State and kept for a similar purpose, to have been admitted to, but not to have been withdrawn from, or to have been readmitted to, and not thereafter to have been withdrawn from, the school; and, similar expressions, whether relating to schools or to other educational establishments, shall be similarly interpreted;" and in the definition of "school", for the word "providing" there shall be substituted the words "for the provision of". [page 38] AMENDMENTS OF OTHER ENACTMENTS Section two For subsection (4) the following subsection shall be substituted:- (4) When an education authority in pursuance of section fifty-six of the Education (Scotland) Act 1946, have issued to a local health authority a report that a child has been found incapable of receiving education or training in a special school, the local health authority shall, unless and until such report is cancelled, be the local authority concerned under this Act in the case of that child.Section three For sub-paragraph (v) of paragraph (c) of subsection (1) there shall be substituted the following sub-paragraph:- "(v) who is for the time being the subject of a report in force under the enactments relating to education that he has been found incapable of receiving education at school, or that by reason of a disability of mind he may require to be dealt with under this Act after leaving school; or"Section seventy-six After the definition of the expression "institution" there shall be inserted the words:- "The expression 'suitable provision' means, in relation to a defective for whom a school board are required to make provision, special educational treatment within the meaning of the Education (Scotland) Act 1946." Section twenty-eight For paragraph (a) of subsection (1) as amended by the Fourth Schedule to the Education (Scotland) Act 1945, there shall be substituted the following paragraph:- "(a) before the thirteenth anniversary of the day of his birth when the upper limit of the school age is fifteen, or before the fourteenth anniversary of such day when the said upper limit is sixteen." [page 39] Section thirty-two In subsection (3) for the words from "grant a licence" to "residing in their area" there shall be substituted the words "while the upper limit of the school age is fifteen, grant a licence to a child who has actually attained the age of thirteen years and is residing in their area, and, while the said upper limit is sixteen, grant a licence to a child who has actually attained the age of fourteen years and is so resident."Section thirty-seven For paragraph (d) there shall be substituted the following paragraph - "(d) Any reference to a day on which a child is under obligation to attend school shall be construed as a reference to a day upon which a meeting of the school he is attending is held."After paragraph (f) there shall be added the following paragraph:- "(g) The expression 'the upper limit of the school age' means the upper limit for the time being fixed by virtue of section thirty-two of the Education (Scotland) Act 1946, but without regard to the provisions of subsection (4) of that section or of section thirty-three of that Act (which respectively relate to the age of pupils requiring special educational treatment and to deeming pupils not to have attained a given age until a fixed date after they actually attain it)." Section fifty-one In subsection (1), for the proviso there shall be substituted the following proviso:- "Provided that this subsection shall not apply in the case of a person who has been reported as aforesaid and in whose case the report has been cancelled, or in the case of a mental defective in a mental deficiency institution."Eleventh Schedule Part I, so far as it relates to section one hundred and forty of the Education (Scotland) Act 1946, shall be omitted. |