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Education (Amendment) Act (Northern Ireland) 1956

This is an Act of the Northern Ireland Parliament (not the UK Parliament in Westminster). It is chapter 24 for the year 1956.

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Education (Amendment) Act (Northern Ireland) 1956

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Education (Amendment) Act
(Northern Ireland), 1956.

[1956. Ch. 24.]

ARRANGEMENT OF SECTIONS.

Section.

1. Provisions as to the re-transfer, extension and modification of certain functions respecting children.

2. Determination of age for certain employment purposes.

3. Parent not to be required to contribute towards board and lodging at special school.

4. Extension of s. 81 of the principal Act to voluntary special schools.

5. Extension of power to provide teachers' residences.

6. Amendment of s. 103 (9) of principal Act.

7. Repeal of special provisions as to inspection of endowed schools.

8. Audit and inspection of accounts of educational endowments.

9. Expenses.

10. Short title, construction and citation.

SCHEDULE:

PART I - Modified provisions of the principal Act.
PART II - Modified provisions of the Mental Health Act (Northern Ireland), 1948.

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5 Eliz. 2.

1956. Chapter 24.

An Act to amend the law with respect to certain educational and other functions relating to children and to make further provision with respect to certain educational endowments; and for purposes connected with the matters aforesaid.

[20th December, 1956.]

BE it enacted by the Queen'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:-

Provisions as to the re-transfer, extension and modification of certain functions respecting children. 1948, No. 74.

1.-(1) The Public Health and Local Government Transfer of Functions) (No.2) Order (Northern Ireland), 1948, shall cease to have effect.

1947, c. 3. 1948, c. 17.

(2) The provisions of sections thirty, thirty two, forty-two, fifty, fifty three, seventy-four and sub-section (2) of section one hundred and four of the Education Act (Northern Ireland), 1947 (in this Act called "the principal Act"), and the provisions of section twenty-three and sub-section (1) of section twenty-six of the Mental Health Act (Northern Ireland), 1948, shall be modified so as to have effect as those provisions are respectively set out in Parts I and II of the Schedule.

(3) This section shall come into operation on the first day of January, nineteen hundred and fifty-seven.


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Determination of age for certain employment purposes. 13 & 14 Geo. 5, c. 21.

2.-(1) Section thirty-six of the Education Act (Northern Ireland), 1923, shall have effect as if:-

(a) for any reference to the age of twelve the were substituted a reference to the age which is two years below that at which children cease to be of compulsory school age by virtue of section thirty-three of the principal Act, together with any order made under sub-section (3) of section one hundred nine of that Act or Order in Council made under section thirty-three of that Act (without regard to the provisions of sub-section (1) of section thirty-six of that Act as to the age of pupils at special schools, or to the provisions of section one hundred and ten of that Act as to deeming a person not to have reached a given age until the prescribed date next succeeding the date upon which he attained that age);

(b) for any reference to the age of fourteen there were substituted a reference to the age which is that at which children cease to be of compulsory school age by virtue of section thirty-three or section thirty-six of the principal Act, together with any order made under sub-section (3) of section one hundred and nine of that Act or Order in Council made under section thirty-three of that Act.

(2) In the Seventh Schedule to the principal Act the entry relating to section thirty-six of the Education (Northern Ireland), 1923, is hereby repealed.

Parent not to be required to contribute towards board and lodging at special school.

3. In the proviso to sub-section (2) of section fifty-seven of the principal Act, after the words "otherwise be avoided" there shall be inserted the words "or if the board and lodging is provided at a special school under arrangements made by the authority".

Extension of s. 81 of the principal Act to voluntary special schools.

4.-(1) For sub-section (1) of section eighty-one of the principal Act there shall be substituted the following sub-section:-

"(1) This section applies to voluntary primary schools, voluntary intermediate schools and special schools under voluntary management and references

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in the succeeding provisions of this section and in sub-section (3) of section eighteen of this Act to a voluntary school shall, notwithstanding any other provision of this Act, include references to a special school under voluntary management."
(2) In sub-section (2) of the said section eighty-one for the words "in the case of an intermediate school" there shall be substituted the words "in the case of an intermediate or special school".

(3) In sub-sections (2) and (3) of the said section eighty-one for the words from "the school premises, and" to the words "carrying out of internal maintenance." there shall be substituted the words ", and the internal maintenance of, the school premises, excluding, in the case of a boarding school, so much of those premises as is used wholly or mainly for boarding purposes:".

Extension of power to provide teachers' residences.

5.-(1) In sub-section (4) of section eighty-six of the principal Act for the words "to provide and maintain a residence for a teacher of a county school," there shall be substituted the words "to provide and maintain a residence for a teacher of any school under their management,".

(2) This section shall be deemed to have had effect as from the commencement of Part III of the principal Act.

Amendment of s. 103 (9) of principal Act.

6. At the end of sub-section (9) of section one hundred and three of the principal Act there shall be added the words "and as if any reference therein to a local education authority included a reference to a health authority".

Repeal of special provisions as to inspection of endowed schools. 48 & 49 Vict., c. 78.

7. The following provisions shall cease to have effect -

(a) in section seventeen of the Educational Endowments (Ireland) Act, 1885, the words from "the periodical inspection" to the words "in any endowment, and for" and the words from "and that the reports" to the end of the section;

(b) section seventy-three of the principal Act; and

(c) every provision contained in any scheme in force under the Educational Endowments


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(Ireland) Act, 1885, for the periodical inspection of any school sharing in any endowment dealt with by the scheme.

Audit and inspection of accounts of educational endowments.

8.-(1) Every scheme in force under the Educational Endowments (Ireland) Act, 1885, shall have effect as if the provision contained therein with respect to the audit and inspection of the accounts of any endowment dealt with by the scheme were to the following effect:-

"The governing body shall keep all proper and usual accounts of all moneys received or expended by it and of all investments and other assets held by it, and in particular shall keep all such accounts as the Ministry of Finance may direct, and in relation to those accounts the following provisions shall have effect:-
(a) The governing body shall prepare an annual statement of accounts in such form and containing such particulars and compiled from such records and in such manner as the Ministry of Finance may direct,

(b) The accounts for each year shall be audited by a person to be appointed by the governing body with the approval of the Ministry of Finance.

(c) The governing body shall pay the fees of the auditor and the expenses of the audit.

(d) The Ministry of Finance may at any time require that the governing body shall submit to the said Ministry the audited accounts for any year.

(e) The accounts so submitted may be made available by the Ministry for inspection, during normal office hours, by any person who satisfies the Ministry that he has a bona fide interest in the proper administration of the endowments to which the accounts relate.

(f) Such books and records of the governing body as relate to the accounts of any year shall be open to inspection, at, such times as


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the Ministry of Finance may direct, by an inspector of, or other person appointed by, the said Ministry."
(2) This section shall come into force on the first day of April, nineteen hundred and fifty-seven and thereupon -
(a) the provisions of sub-section (1) shall have effect in relation to the accounts of a governing body which have not at that date been submitted for audit to the Comptroller and Auditor-General;

(b) so much of section seventeen of the Educational Endowments (Ireland) Act, 1885, and section three of

18 & 19 Geo. 5, c. 14.

the Administrative Provisions Act (Northern Ireland), 1928, as is then in force shall cease to have effect.

Expenses.

9. There shall be paid out of moneys provided by Parliament any increase attributable to the passing of this Act in the sums which, under the principal Act or any other enactment, are authorised or required to be paid out of moneys so provided.

Short title, construction and citation.

10.-(1) This Act may be cited as the Education (Amendment) Act (Northern Ireland), 1956.

(2) This Act shall be construed as one with the Education Acts (Northern Ireland), 1947 to 1953, and those Acts and this Act may be cited together as the Education Acts (Northern Ireland), 1947 to 1956.


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SCHEDULE

Section 1.

PART I - MODIFIED PROVISIONS OF THE PRINCIPAL ACT.

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 an 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 authorised in that behalf by the authority for advice as to whether the child is suffering from any disability of mind or body and as to the 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) A notice served under sub-section (1) of this section shall state 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.

(6) Any certificate issued under the last foregoing sub-section may be cancelled by the Ministry or by the local education authority; and upon the cancellation of such a certificate the authority shall cease


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to provide special educational treatment for the child with respect to whom the certificate was issued and shall notify the parent accordingly.

Notification of children requiring further care or treatment.

32. If it appears to a local education authority that any child or young person in their area who is about to leave, or has left school, is suffering from a disability of mind or body of such nature or extent as to require that in his interests further care, treatment or supervision should be provided, it shall be their duty to notify the name of any such child or young person -

(a) where he is suffering from a disability of mind to the Northern Ireland Hospitals Authority; and

(b) in any other case to the Ministry of Health and Local Government for transmission to such authority, body or organisation as may seem to the said Ministry to be appropriate in the circumstances of the case;

and to furnish such reports or information relating to the child or young person as the Northern Ireland Hospitals Authority or the said Ministry, as the case may be, may require.

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 health 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 such pupils, any officer of a health 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 health authority, in accordance with regulations made under this section, to make such arrangements as are necessary for securing that comprehensive facilities for free medical treatment are available to such pupils either under this Act or otherwise.

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

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) The managers of every grant-aided school shall provide reasonable facilities to enable the health authority to carry out their functions under this section.


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(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 health authority, made provision for the medical inspection and treatment of pupils in attendance at that school.

(7) A health 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 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 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 health 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 health authority shall pay to the managers such 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 health 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 exercisable by the Ministry of Health and Local Government.

(10) Every health 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 health authority shall act in accordance with the regulations made for the purposes of this section.

Power to ensure cleanliness.

50.-(1) A health authority may, by directions in writing issued with respect to all grant-aided schools in their area or with respect to any of such schools named in the directions, authorise a medical officer of the authority to cause examinations of the persons and clothing of pupils in attendance at such schools to be made whenever in his opinion such examinations are necessary in the interests of cleanliness.


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(2) Any such examination as aforesaid shall be made by a person authorised by the health 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 sub-section 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 health 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 health authority to make arrangements for securing that any person or clothing required under this section to be 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 health 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 five pounds.

(7) Where a medical officer of a health 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


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

(8) No female 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 health authority.

Duty of local education authorities with respect to ineducable persons between the ages of two and sixteen years.

53.-(1) If it appears to a local education authority that any person in their area who has attained the age of two years but has not attained the age of sixteen years is suffering from a disability of mind of such nature and 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 person to require the parent to submit him for examination by a medical officer authorised in that behalf 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) A notice served under sub-section (1) of this section shall state 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 person 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 person, the authority decide that the person is suffering from a disability of mind of such nature and extent as to make him incapable of receiving education at school, it shall be the duty of the authority to notify the Northern Ireland Hospitals Authority accordingly, and to furnish such records or other information relating to the person as may be relevant to the notification:

Provided that, before issuing any such report with respect to any person, the authority shall give to the parent of the person not less than fourteen days' 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) If at any time after a report has been made under the last preceding sub-section the Northern Ireland Hospitals Authority are of opinion that the decision therein reported ought to be reviewed, they shall notify the local education authority accordingly, and thereupon the provisions of sub-sections (1) and (2) of this section as to the medical examination of a person shall apply as if the person had not previously been examined under this section; and if, after considering both the advice given by the medical officer who has carried out the medical examination under this sub-section and the relevant notification of the Northern Ireland Hospitals Authority, the authority are of opinion


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that the person is capable of receiving education at school, they shall cancel their original report and notify such cancellation to the Northern Ireland Hospitals Authority.

(5) For the purposes of this section, a person 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 persons either in his own interests or in theirs.

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 health authority may provide for the medical inspection or 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 the provision of milk, meals and other refreshment for pupils in attendance at the school and the health authority may, in like manner, make arrangements for securing 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 local education authority or by the health 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.

104.-(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 health 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 or in connection with their functions relating to the medical inspection and treatment of pupils.

PART II - MODIFIED PROVISIONS OF THE MENTAL HEALTH ACT (NORTHERN IRELAND), 1948.

Notification by medical practitioners and certain bodies.

23. Where it appears -

(a) to any medical practitioner who has examined a person; or
(b) to a health authority or a welfare authority with respect to any person;

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that steps should be taken either in the interests of that person or in the public interest to ascertain whether he is a person requiring special care it shall be the duty of that medical practitioner or body:-

(i) where a person has attained the age of two years but has not attained the age of sixteen years forthwith to notify accordingly the local education authority in whose area that person is ordinarily resident;
(ii) in any other case forthwith to notify the Authority accordingly;
and the education authority or as the case may be, the Authority shall take such steps as they may find necessary for informing the parents or guardian of the person of such notification.

Examination at instance of Authority.

26.-(1) Where a notification has been received by the Authority under section twenty-three of this Act or under section thirty-two or section fifty-three of the Education Act (Northern Ireland), 1947, and, in respect of the person referred to in such notification, no steps have been taken under section twenty-four or section twenty-five of this Act, the Authority may by notice in writing served on that person (or, where he is under the age of sixteen, on his parent or guardian) require him to submit himself (or, as the case may be, require that parent or guardian to submit him) for examination by a medical officer of the Authority.