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Education (Amendment) Act (Northern Ireland) 1960

This is an Act of the Northern Ireland Parliament (not the UK Parliament in Westminster). It is chapter 9 for the year 1960.

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Education (Amendment) Act (Northern Ireland) 1960

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Education (Amendment) Act
(Northern Ireland), 1960.

[1960. Ch. 9.]

ARRANGEMENT OF SECTIONS.

Section.

1. Amendment of certain provisions as to the employment of children.

2. Amendment of s. 8 of principal Act dealing with submission of development schemes.

3. Amendment of s. 37 (2) of principal Act.

4. Provision to be inserted in principal Act as to payment of examination fees by local education authority.

5. Amendment of provisions of principal Act as to assistance to students attending courses of further education.

6. Amendment s. 86 of principal Act.

7. Declaration as to the functions of the Ministry.

8. Expenses.

9. Repeals.

10. Interpretation.

11. Short title, construction and citation.

SCHEDULE: Enactments Repealed.


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9 Eliz. 2.

1960. Chapter 9.

An Act to amend section thirty-six of the Education Act (Northern Ireland), 1923, and section twenty-three of the Children and Young Persons Act (Northern Ireland), 1950; to amend sections eight, thirty-seven and eighty-six of the Education Act (Northern Ireland) 1947; to make further provision with respect to examinations and further education; and for purposes connected with the matters aforesaid.

[ 26th July, 1960.]

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:-

Amendment of certain provisions as to the employment of children. 13 & 14 Geo. 5, c. 21.

1.-(1) For sub-section (1) of section thirty-six of the Education Act (Northern Ireland), 1923, there shall be substituted the following sub-sections:-

"(1) Subject to the provisions of this section, of any bye-laws made thereunder and of any enactment for the time being in force, no child of or under compulsory school age shall be employed -

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(a) so long as he is under the age which is two years below that at which children cease to be of compulsory school age; or
(b) before the close of school hours on any day on which he is required to attend school; or
(c) before seven o'clock in the morning or after eight o'clock in the evening on any day; or
(d) for more than two hours on any day on which he is required to attend school; or
(e) for more than two hours on Sunday."

"(1A) A local education authority may make byelaws with respect to the employment of children and any such bye-laws may distinguish between children of different ages and sexes and between different localities, trades, occupations and circumstances, and may contain provisions -

(a) authorising -

(i) the employment of children under the age which is two years below that at which children cease to be of school age (notwithstanding anything in paragraph (a) of the last foregoing sub-section) by their parents in light agricultural or horticultural work;
(ii) the employment of children (notwithstanding anything in paragraph (b) of the last foregoing sub-section) for not more than one hour before the commencement of school hours on any day on which they are required to attend school;

(b) specifying the occupations in which children may be employed;

(c) prescribing -

(i) the age below which children are not to be employed;
(ii) the number of hours in each day, or in each week, for which, and the times of day at which, they may be employed;
(iii) the intervals to be allowed to them for meals and rest;
(iv) the holidays or half-holidays to be allowed to them;

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(v) any other conditions to be observed in relation to their employment;
so, however, that no such bye-laws shall modify the restrictions contained in the last foregoing sub-section except in so far as is expressly permitted by paragraph (a) of this sub-section, and any restrictions contained in any such bye-laws shall have effect in addition to the said restrictions."

1950, c. 5.

(2) In section twenty-three of the Children and Young Persons Act (Northern Ireland), 1950, at the end of sub-section (4) there shall be inserted the following words "and nothing in paragraph (c) or paragraph (d) of sub-section (1) of section thirty-six of the Education Act (Northern Ireland), 1923, shall prevent a child from taking part in an entertainment under and in accordance with the provisions of the licence.".

Amendment of s. 8 of principal Act dealing with submission of development schemes.

2. After sub-section (6) of section eight of the principal Act there shall be inserted the following subsection:-

"(7) In addition, a local education authority may at any time, and shall, if and when so required by the Ministry, prepare and submit for its approval a revised scheme relating to primary or secondary education within its area, or both, in such form and containing such particulars as may be required and, unless the Ministry otherwise directs, the provisions of sub-sections (4) and (5) of this section shall apply to a revised scheme as they apply to a development scheme."
Amendment of s. 37 (2) of principal Act.

3. Sub-section (2) of section thirty-seven of the principal Act shall have effect with the following modifications:-

(a) in paragraph (a) thereof for the words "any unavoidable cause" there shall be substituted the words "other circumstances which in the opinion of the local education authority or the court afford a reasonable excuse"; and

(b) in paragraph (b) thereof for the words "and that no suitable" to the end of the paragraph there shall be substituted the following words: "and either that-


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(i) no arrangements whereby transport is available to the child have been made by the local education authority under section fifty-one of this Act and no arrangements have been made 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; or

(ii) any arrangements which have been made under section fifty-one of this Act whereby transport is available to the child for any part of the journey between his home and school are such that he has still to walk more than walking distance in the course of that journey.".

Provision to be inserted in principal Act as to payment of examination fees by local education authority.

4. After section forty-seven of the principal Act there shall be inserted the following section:-

Payment of examination fees by local education authority.

47A. A local education authority may, with the approval of the Ministry, pay any necessary fees in connection with examinations taken by pupils attending primary, intermediate or special schools."

Amendment of provisions of principal Act as to assistance to students attending courses of further education.

5. For section fifty-seven A of the principal Act there shall be substituted the following section:-

Assistance to be given to students attending courses of further education.

57A. A local education authority shall have power under arrangements approved by the Ministry -

(a) to exempt any pupil who has not attained the age of eighteen years (as defined by section forty-three of this Act) from payment of fees in respect of his attendance at any full-time day course in any institution provided or maintained by them for purposes of further education;

(b) to pay in respect of any such pupil who is attending such course at an institution provided or maintained by another


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authority, any fees due to that other authority in respect of that course;

(c) to provide any such pupil free of charge with books, writing materials, stationery, instruments, practice material and such other articles as are necessary to enable the pupil to take full advantage of such course whether held within or without the area of the authority;

(d) to pay any necessary examination fees in connection with such course, whether held within or without the area of the authority;

(e) to contribute towards the board and lodging of any such pupil in attendance at such course, whether held within or without the area of the authority, where by reason of the distance between the home of the pupil and the institution it is necessary for the pupil to reside away from home."

Amendment s. 86 of principal Act.

6.-(1) In sub-section (2) of section eighty-six of the principal Act after the words "by means of a statutory loan" there shall be inserted the words "or a residence has been provided for a teacher in connection with any school or institution by a local education authority in pursuance of sub-section (4) of this section" and after the word "trustees" there shall be inserted the words "or the local education authority".

(2) In sub-section (3) of the said section eighty-six the word "foregoing" is hereby repealed and after that sub-section there shall be inserted the following subsection:-

"(3A) Where the Ministry of Finance is satisfied that a teacher's residence which is held by trustees for an estate or interest not limited by reference to any condition as to user is no longer required for occupation by a teacher in connection with any school, it may, notwithstanding the provisions of the last preceding sub-section, authorise the sale of the teacher's residence and -
(a) a sale so authorised shall have effect as if

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authorised under section fourteen of

30 & 31 Vict., c. 54.

the Charitable Donations and Bequests (Ireland) Act, 1867; and

(b) the provisions of section six of

34 & 35 Vict., c. 102.

the Charitable Donations and Bequests Act (Ireland), 1871, shall apply to the proceeds of such sale irrespective of the amount thereof."

(3) In sub-section (4) of the said section eighty-six after the word "school" there shall be inserted the words "or institution".

(4) In sub-section (5) of the said section eighty-six -

(a)in paragraph (b), after the words "teacher's residence" there shall be inserted the words "or a residence provided by a local education authority for a teacher" and after the word "trustees" there shall be inserted the words "or the local education authority";

(b) in paragraph (c) for the words "county school" there shall be substituted the words "school or institution under their management";

(c) in paragraphs (i) and (ii) after the word "school" wherever it appears there shall be inserted the words "or institution".

(5) In sub-section (6) of the said section eighty-six after the words "Where the trustees" there shall be inserted the words "or the local education authority".

Declaration as to the functions of the Ministry.

7. For the removal of doubt it is hereby declared that the functions of the Ministry of Education in the promotion of education and in relation to the statutory system of public education include and have always included the conduct of such examinations as the Ministry considers, or considered, necessary in order to ensure the maintenance of educational standards within such system.

Expenses.

8. 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.


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Repeals.

9. The enactments specified in the first and second columns of the Schedule are hereby repealed to the extent specified in the third column thereof.

Interpretation.

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

Short title, construction and citation.

11.-(1) This Act may be cited as the Education (Amendment) Act (Northern Ireland), 1960.

(2) This Act shall be construed as one with the Education Acts (Northern Ireland), 1947 to 1958, and this Act and those Acts may be cited together as the Education Acts (Northern Ireland), 1947 to 1960.

SCHEDULE

Section 9.

ENACTMENTS REPEALED

ChapterShort TitleExtent of Repeal
1950, c. 20.The Education (Extension of Benefits) Act (Northern Ireland). 1950.Sub-section (3) of section one.
1956, c. 24.The Education (Amendment) Act (Northern Ireland), 1956.Paragraph (a) of sub-section (1) of section two.