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Education (Amendment) Act (Northern Ireland) 1958

This is an Act of the Northern Ireland Parliament (not the UK Parliament in Westminster). It is chapter 28 for the year 1958.

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Education (Amendment) Act (Northern Ireland) 1958

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Education (Amendment) Act
(Northern Ireland), 1958.

[1958. Ch. 28.]

ARRANGEMENT OF SECTIONS.

Section.

1. Extension of s. 20(7) of the Principal Act to all grant-aided schools or institutions.

2. Power of local education authorities to bring children before juvenile courts.

3. Amendment of principal Act as to management of institutions of further education and technical intermediate schools.

4. Amendment of s. 46 of principal Act as to recovery of cost of board and lodging.

5. Amendment as to provision of scholarships under ss. 76(2) and 77 of the principal Act.

6. Minor and consequential amendments of principal Act.

7. Expenses.

8. Interpretation.

9. Short title, construction and citation.

SCHEDULE - MINOR AND CONSEQUENTIAL AMENDMENTS OF THE PRINCIPAL ACT.


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7 Eliz. 2.

1958. Chapter 28.

An Act to amend sections twenty, thirty-eight and forty-six of the Education Act (Northern Ireland), 1947; to make further provision with respect to the management of institutions of further education and technical intermediate schools and with respect to the award of scholarships; to make certain minor and consequential amendments in other provisions of the said Act; and for purposes connected with the matters aforesaid.

[30th December, 1958]

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:-

Extension of s. 20(7) of the Principal Act to all grant-aided schools or institutions.

1. In sub-section (7) of section twenty of the principal Act (which sub-section provides that 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) for the words "county or voluntary school" there shall be substituted the words "grant-aided school or institution".


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Power of local education authorities to bring children before juvenile courts.

2.-(1) For sub-section (4) of section thirty-eight of the principal Act (which section relates to the enforcement of school attendance) there shall be substituted the following sub-section:-

"(4) Without prejudice to the institution of proceedings for an offence against the la foregoing section or the exercise of the power conferred by sub-section (3) of this section on a court to give a direction for the bringing of a child before a juvenile court, where a child of compulsory school age who is a registered pupil at a school fails to attend regularly thereat, the local education authority may of their own motion, if satisfied that it is necessary to do so for the purpose of securing the regular attendance of the child at school, bring the child before a juvenile court, and, where a child is brought before a juvenile court by virtue of this sub-section, that court shall have the like power as is conferred on such a court by the said sub-section (3)."
(2) In sub-section (5) of section forty-eight of the Children and Young Persons Act (Northern Ireland), 1950 (which sub-section relates to the powers of a juvenile court in respect of children directed to be brought or brought before it under section thirty-eight of the principal Act), after the words "juvenile court", where they first occur, there shall be inserted the words "and a child brought before such a court by virtue of sub-section (4) of the said section thirty-eight".

Amendment of principal Act as to management of institutions of further education and technical intermediate schools.

3.-(1) After section forty of the principal Act there shall be inserted the following section:-

Management of institutions of further education and technical intermediate schools.

40A.-(1) A local education authority shall make provision for the management of each institution of further education within their education area, and any technical intermediate school conducted in association therewith, by means of a 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 two or more such institutions may be grouped under one


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management committee if the authority so desire and the Ministry approves.

(2) A management committee appointed under this section shall, in relation to the institutions and schools under their management, exercise such functions (including functions in relation to the appointment of teachers) as may be conferred on them by the scheme."

(2) In section seventeen of the principal Act, subsection (2) and the words "or group of schools" in sub-section (3) are hereby repealed.

Amendment of s. 46 of principal Act as to recovery of cost of board and lodging.

4. At the end of sub-section (1) of section forty-six of the principal Act (which sub-section deals with the recovery of sums payable by a parent to a local education authority in respect of board and lodging provided otherwise than at a boarding school) there shall be added the following words:-

"Provided that where, in accordance with arrangements made by a local education authority, a pupil is provided with board and lodging in order to facilitate his attendance at a special school the authority shall remit the whole of the sums in respect thereof. "
Amendment as to provision of scholarships under ss. 76(2) and 77 of the principal Act.

5.-(1) In sub-section (2) of section seventy-six of the principal Act and in section seventy-seven of that Act -

(a) for the word "enabling" there shall be substituted the word "encouraging"; and
(b) the words "without hardship to themselves or their parents" shall be repealed.
(2) Notwithstanding the preceding sub-section and without prejudice to the operation of sub-section (5) of section seventeen of the Interpretation Act (Northern Ireland), 1954, a scheme under the said sub-section (2), or regulations under the said section seventy-seven may make such provision as may be respectively specified therein for awarding, in the case of any pupils or class or classes of pupils, who, but for the award, would be unable, without hardship to themselves or their parents, to


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attend approved educational institutions or (as the case may be) to take advantage of educational facilities available to them, scholarships by reason of, or calculated by reference to, the extent or probability of any such hardship.

(3) Any scheme under the said sub-section (2) and any regulations under the said section seventy-seven in force at the passing of this Act and containing provision for awarding or continuing scholarships in respect of a period beginning on or after the first day of July, nineteen hundred and fifty-eight, may, at any time not later than three months from the passing of this Act, be amended so as to make, in respect of any such period, any provision for the award of scholarships which might have been made by the scheme or the regulations if this section had been in force at the time the scheme was, or (as the case may be) the regulations were, made.

Minor and consequential amendments of principal Act.

6. The provisions of the principal Act specified in the first column of the Schedule shall have effect subject to the amendments specified in the second column of that Schedule (being amendments which relate to minor matters and consequential amendments).

Expenses.

7. 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 are authorised or required to be paid out of moneys so provided.

Interpretation.

8. In this Act the expression "principal Act" means the Education Act (Northern Ireland), 1947.

Short title, construction and citation.

9.-(1) This Act may be cited as the Education (Amendment) Act (Northern Ireland), 1958.

(2) This Act shall be construed as one with the Education Acts (Northern Ireland), 1947 to 1956, and those Acts and this Act may be cited together as the Education Acts (Northern Ireland), 1947 to 1958.


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SCHEDULE

MINOR AND CONSEQUENTIAL AMENDMENTS OF THE PRINCIPAL ACT.

Enactment amended.Amendment.
Section twenty-oneIn the proviso to sub-section (6), the words "paragraph (a) of" shall be omitted.
Section thirty-sixIn sub-section (3), for the words "issued by a medical officer of the local education authority" there shall be substituted the words "issued by a medical officer in accordance with sub-section (5) of section thirty of this Act as modified by the Education (Amendment) Act (Northern Ireland), 1956".