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Education (Amendment) Act (Northern Ireland) 1951

This is an Act of the Northern Ireland Parliament (not the UK Parliament in Westminster). It is chapter 10 for the year 1951.

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Education (Amendment) Act (Northern Ireland) 1951

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[unnumbered page]

Education (Amendment) Act
(Northern Ireland), 1951.

[1951. Ch. 10.]

ARRANGEMENT OF SECTIONS.

Section.

1. Delegation of powers of local education authorities.
2. Powers of local education authorities in respect of provision of practical instruction and training.
3. Provision for travelling expenses.
4. Notifications as to ineducable children.
5. Statutory disqualifications.
6. Amendment of s. 81 of principal Act.
7. Disposal of lands.
8. Amendment as to grants in respect of certain National Insurance contributions.
9. Time for adjustments of contribution under s. 105 of principal Act.
10. Conditions of grants for certain voluntary schools.
11. Amendment of s. 109 of principal Act.
12. Provisions for transfer of certain schools and institutions.
13. Expenses.
14. Interpretation.
15. Repeals
16. Short title, construction and citation.

SCHEDULE:- Enactments Repealed.


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15 Geo. 6.

1951. Chapter 10.

An Act to make provision with respect to the powers of the Ministry of Education to make grants towards certain National Insurance contributions; to amend sections two, five, fifty-one, fifty-three, sixty-eight, eighty-one, ninety-five, one hundred and six and one hundred and nine of, and the Sixth Schedule to, the Education Act (Northern Ireland), 1947; to provide for the transfer of certain schools and institutions; to repeal certain enactments relating to education; and for purposes connected with the matters aforesaid.

[29th March, 1951.]

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:-

Delegation of powers of local education authorities.

1. For sub-section (2) of section two of the principal Act there shall be substituted the following sub-section:-

"(2) The powers and duties of a local education authority under this Act or any other enactment for the time being in force, except as respects -
(a) the raising of money by rate or loan;

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(b) the general control of expenditure to such extent as may be retained by the authority themselves; and

(c) the acquisition, holding and disposal of land;

shall, subject to the provisions of this Act, be exercised and performed through an education committee constituted in accordance with a scheme framed by the authority and approved by the Ministry."
Powers of local education authorities in respect of provision of practical instruction and training

2. The following sub-section shall be added to section five of the principal Act:-

(3) For the removal of doubt it is hereby declared that, in fulfilling their duties under this section, a local education authority have and always have had power to provide, by means of central or special classes or otherwise, for the giving, to pupils attending any primary or intermediate school, of practical instruction and training appropriate to the needs of those pupils."
Provision for travelling expenses.

3. For sub-section (2) of section fifty-one of the principal Act there shall be substituted the following sub-section:-

(2) Any such scheme a aforesaid may provide for the payment by a local education authority of the whole or any part, as the authority may think fit, of the reasonable travelling expenses of any pupil who is in attendance at -
(a) any other grant-aided school or institution;

any institution as the holder of a scholarship awarded in accordance with a scheme framed by the authority and approved by the Ministry under sub-section (2) of section seventy-six of this Act; or

any course or class provided in pursuance of a scheme of further education;

in any case where the authority consider it necessary

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to do so for the purpose of facilitating the attendance of the pupil at that school, institution, course or class."
Notifications as to ineducable children.

4. In sub-section (3) of section fifty-three of the principal Act (which, as substituted therein by the Act of 1950, makes certain provision as to ineducable children) after the words "shall be accompanied by such records and other information relating to the child" there shall be inserted the words "and shall be notified to such bodies."

Statutory disqualifications.

5. In sub-section (5) of section sixty-eight of the principal Act after the words "the Education (Scotland) Act, 1945," there shall be inserted the words "or any other enactment having for the time being the like effect in England or Scotland respectively."

Amendment of s. 81 of principal Act.

6.-(1) After sub-section (2) of section eighty-one of the principal Act (which imposes duties upon local education authorities in relation to certain voluntary schools) there shall be added the following sub-sections:-

"(2A) Where a school committee has been appointed pursuant to a scheme framed under this section for any school the powers of nomination exercisable on the first appointment thereof by the managers or trustees shall, on any re-appointment thereof or on the filling of any casual vacancy occurring in the members thereof nominated by the managers or trustees, be exercisable by such persons and in such manner as may be specified in the scheme or in any amendment thereof agreed upon with the committee.

(2B) Where the persons entitled by virtue of the last preceding sub-section to exercise the powers of nomination therein referred to at any time give at least two years' notice to the local education authority of their desire that the school shall not be managed by a committee appointed under this section, the school shall on the expiration of such notice cease to be so managed:


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Provided that where the local education authority and such persons so agree the period of the notice may be less than two years.

(2C) A committee appointed for any school in accordance with a scheme framed under this section shall be liable to discharge their functions under this Act to the extent only to which funds are made available (whether under this Act or otherwise) to them for that purpose."

(2) The following proviso shall be added to subsection (3) of the said section eighty-one:-
"Provided that, where any such voluntary school is vested in the Ministry and the internal maintenance thereof is carried out by the Ministry of Finance, it shall be the duty of the local education authority to make to that Ministry on demand a contribution equal to sixty-five per cent. of the expenditure incurred by that Ministry on such internal maintenance."
Disposal of lands.

7. In section ninety-five of the principal Act (which relates to the acquisition of and dealing with land by local education authorities) -

(a) in paragraph (c) of sub-section (3), for the words "acquired by them under this Act" there shall be substituted the words "held by them in their capacity as a local education authority";

(b) in sub-section (5), for the words "acquired or held by them under this Act" there shall be substituted the words "acquired or held by them in their capacity as a local education authority."

Amendment as to grants in respect of certain National Insurance contributions. 1950, c. 1

8.-(1) During the period from the thirty-first day of March, nineteen hundred and fifty-one, to the thirtieth day of September, nineteen hundred and fifty-one, sections one and two of the Education (Miscellaneous Provisions) Act (Northern Ireland), 1950, shall have effect as if references to the latter date were substituted therein for the references to the former date.


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(2) After the said thirtieth day of September, nineteen hundred and fifty-one, the said sections shall have effect with the modifications specified in subsections (3) to (6) of this section.

(3) In sub-section (1) of the said section one the words "Subject to the provisions of this sub-section," the words "after the relevant date," the words "(a) employers' contributions under the National Insurance Acts (Northern Ireland), 1946; (b)" and the words from "and regulations" to the end of the sub-section shall be omitted.

(4) For sub-section (2) of the said section one there shall be substituted the following sub-sections:-

"(2) The power of the Ministry to make grants in accordance with regulations made under the said section one hundred and four shall also include power to make to local education authorities and to school committees appointed for voluntary primary and voluntary intermediate schools in accordance with a scheme framed under section eighty-one of the principal Act grants equal to the amount of the expenditure incurred or to be incurred by them or on their behalf in the payment of employers' contributions under the National Insurance Acts (Northern Ireland), 1946, in respect of such teachers employed by them as may be prescribed by the regulations.

(3) The power of the Ministry to make grants in accordance with regulations made under the said section one hundred and four shall also include power to make to -

(a) the managers of a voluntary primary school or a voluntary intermediate school for which a school committee has not been appointed in accordance with a scheme framed under section eighty-one of the principal Act;

(b) the managers of a voluntary grammar school; or


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(c) the managers of a nursery school or a special school not under the control of a local education authority;
grants equal to sixty-five per cent. of the expenditure incurred or to be incurred by them or on their behalf in the payment of employers' contributions under the National Insurance Acts (Northern Ireland), 1946, in respect of such teachers employed by them as may be prescribed by the regulations."
(5) In sub-section (2) of the said section two the words "paragraph (b) of" shall be omitted.

(6) For sub-section (3) of the said section two there shall be substituted the following sub-section:-

(3) There shall be included among the items of expenditure which are the specified items for the purposes of sections one hundred and four and one hundred and five of the principal Act -

First, the expenditure incurred by or on behalf of local education authorities or the managers of voluntary schools other than -

(a) the managers of a voluntary primary or a voluntary intermediate school for which a school committee has not been appointed in accordance with a scheme framed under section eighty-one of the principal Act; or

(b) the managers of a voluntary grammar school; or

(c) the managers of a nursery school or special school not under the control of a local education authority;

in defraying the contributions mentioned in subsection (2) of section one of this Act, being contributions payable in respect of -
(i) full time teachers in primary, intermediate and special schools;

(ii) full time teachers in county grammar schools and in institutions of further education under the control of local education authorities;


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and in respect of which grants are payable in accordance with regulations made under section one hundred and four of the principal Act;

Secondly, sixty-five per cent. of the expenditure incurred by or on behalf of the managers of schools mentioned in paragraphs (a) and (c) of this subsection in defraying the contributions mentioned in sub-section (3) of section one of this Act being contributions payable in respect of full-time teachers in primary, intermediate and special schools and in respect of which grants are payable in accordance with regulations made under section one hundred and four of the principal Act;

and accordingly after paragraph (e) of Part I of the Sixth Schedule to the principal Act there shall be added the following paragraph:-

'(f) employers' contributions under the National Insurance Acts (Northern Ireland), 1946, payable by local education authorities or by the managers of voluntary schools other than -
(i) the managers of a voluntary primary or a voluntary intermediate school for which a school committee has not been appointed in accordance with a scheme framed under section eighty-one of this Act;

(ii) the managers of a voluntary grammar school; or

(iii) the managers of a nursery school or special school not under the control of a local education authority; together with sixty-five per cent. of such contributions as aforesaid payable by the managers of schools mentioned in subparagraphs (i) and (iii) of this paragraph, in respect of the teachers mentioned in paragraph (a) of this Part of this Schedule, being contributions in respect of which grants are payable in accordance with


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regulations made under section one hundred and four of this Act as amended or extended by any subsequent enactment.'"
Time for adjustments of contribution under s. 105 of principal Act.

9.-(1) For paragraph 3 of Part II of the Sixth Schedule to the principal Act (which provides for calculating the contributions payable by the council of each county and county borough under section one hundred and five of that Act) there shall be substituted the following paragraph:-

"3.-(1) If the actual expenditure for any financial year exceeds or falls 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 any over-payment or under-payment made by the council of any county or county borough shall respectively be deducted from or added to the amount of the contribution to be recovered from that council in the next appropriate financial year.

(2) In this paragraph the expression "next appropriate financial year" means, in relation to any difference between estimated and actual expenditure, the financial year occurring next after that difference has been ascertained or if the aggregate contribution for that year has then been fixed the financial year occurring next but one thereafter."

(2) For paragraph 4 of Part II of the said Sixth Schedule there shall be substituted the following paragraph:-
"4. The proportion of the aggregate contribution payable by the council of each county and county borough shall be ascertained by adding together -
(a) an amount equal to one-sixtieth of the rateable value of that county or county borough; and

(b) such amount as bears to the net annual value of the county or county borough the


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same proportion as the excess of the aggregate contribution over one-sixtieth of the aggregate rateable values of every county and county borough in Northern Ireland bears to the aggregate of the net annual values of every such county and county borough."

(3) At the end of paragraph 6 of Part II of the said Sixth Schedule there shall be added the following words:-

"and for the purposes of calculating the proportion of contribution payable by the council of any county or county borough for any year the net annual value of that county or county borough for that year shall be taken as the aggregate net annual value, as shown in the valuation lists published for the financial year then last preceding, of all hereditaments in the area of that county or county borough."
Conditions of grants for certain voluntary schools.

10. In section one hundred and six of the principal Act (which amongst other things relates to the conditions governing the payment of grants for certain voluntary schools), for the proviso to sub-section (1) there shall be substituted the following proviso:-

"Provided that where a voluntary school is-
(i) 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 a party and which was executed before the date of the commencement of this Part of this Act; or

(ii) vested before that date in trustees appointed with the approval of the local education authority and the Ministry under sub-section (1A) or (1C) of section sixteen of

13 & 14 Geo. 5, c.21

the Education Act (Northern Ireland), 1923; or

(iii) vested in a governing body within the meaning of

48 & 49 Vict., c. 78

the Educational Endowments


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(Ireland) Act, 1885, in accordance with the provisions of a scheme under that Act;
the school shall continue to be vested in the Ministry, or such trustees or governing body, as the case may be and paragraph (a) of this sub-section shall not apply to it."

Amendment of s. 109 of principal Act.

11. In sub-section (3) of section one hundred and nine of the Education Act (Northern Ireland) 1947 (which empowers the Ministry to postpone the raising of the school-leaving age) for the words "the first day of April, nineteen and fifty-one" there shall be substituted the words "the first day of April, nineteen hundred and fifty-three."

Provisions for transfer of certain schools and institutions. 17 & 18 Vict., c. 122.

12.-(1) Any person or persons managing a school or institution to which the Literary and Scientific Institutions Act, 1854, applies may, whether or not the legal interest in the site and buildings of the school or institution is vested in such person or persons, make an arrangement pursuant to the First Schedule to the principal Act (as that Schedule is modified for the purposes of this section) for the transfer of such school or institution to a local education authority or to a local authority, as the Ministry and the Ministry of Health and Local Government may jointly determine, and such authority shall have power to assent to and give effect to any such arrangement.

(2) For the purposes of this section the First Schedule to the principal Act shall have effect as if references to "a local education authority" included references to a local authority, and references to "a school" included references to a school or institution to which the Literary and Scientific Institutions Act, 1854, applies.

Expenses.

13. Any increase attributable to the provisions of this Act in the expenses to be defrayed out of moneys provided by Parliament under section one hundred and eight of the principal Act shall be defrayed out of moneys so provided.

Interpretation.

14.-(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them, that is to say:-

"the Ministry" has the meaning assigned to that expression by section one of this Act;

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"the principal Act" means the Education Act (Northern Ireland), 1947.
(2) Any reference in this Act to any provision of any other Act shall, unless the context otherwise requires, be construed as a reference to that provision as amended or extended any other enactment, including this Act.

Repeals.

15. The enactments set out in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Short title, construction and citation.

16.--(1) This Act may be cited as the Education (Amendment) Act (Northern Ireland), 1951.

(2) This Act shall be construed as one with the Education Acts (Northern Ireland), 1947 to 1950, and those Acts and this Act may be cited together as the Education Acts (Northern Ireland), 1947 to 1951.


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SCHEDULE

ENACTMENTS REPEALED

Session or Year and ChapterShort TitleExtent of Repeal
38 & 39 Vict., c.68.The Department of Science and Art Act, 1875.The whole Act.
54 & 55 Vict., c.61.The Schools for Science and Art Act, 1891.The whole Act.
2 & 3 Geo. 6, c.21.The Education (Evacuated Children) Act (Northern Ireland), 1939.The whole Act.
2 & 3 Geo. 6, c.33.The Teachers' Salaries and Superannuation (War Service) Act (Northern Ireland), 1939.The whole Act, except sections seven to nine.
4 & 5 Geo. 6, c.27.The Education (Emergency Provisions) Act (Northern Ireland), 1940.In section one sub-section (5); in section two sub-section (2); in section three paragraph (a) of sub-section (1) and the words from "after deducting" to the end of that sub-section; subsections (2) and (3); sections five to seven; in section eight in paragraph (a) the words "and five" and paragraph (b).
6 & 7 Geo, 6, c.3.The Education (Emergency Provisions Act (Northern Ireland), 1942.The whole Act.
1947, c. 3.The Education Act (Northern Ireland), 1947.The Eighth Schedule.
1950, c. 19.The Local Government (Finance) (Miscellaneous Provisions) Act (Northern Ireland), 1950.Section five.