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Education (Amendment) Act (Northern Ireland) 1962

This is an Act of the Northern Ireland Parliament (not the UK Parliament in Westminster). It is chapter 11 for the year 1962.

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Education (Amendment) Act (Northern Ireland) 1962

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[unnumbered page]

Education (Amendment) Act
(Northern Ireland), 1962.

[1962. Ch. 11.]

ARRANGEMENT OF SECTIONS.

Section.

1. Notification and classification of certain children and young persons under principal Act.

2. Amendment of s. 42 of principal Act as to medical inspection of certain pupils.

3. Amendment of s. 104 of principal Act as to grants in aid of university scholarships.

4. Expenses.

5. Short title and citation.

SCHEDULE - SECTIONS SUBSTITUTED IN PRINCIPAL ACT AND CONSEQUENTIAL AMENDMENTS.

PART I: Section substituted for s. 32.
PART II: Sections substituted for s. 53.
PART III: Amendments of ss. 116 and 117.

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10 & 11 Eliz. 2.

1962. Chapter 11.

An Act to amend the provisions of the Education Act (Northern Ireland), 1947, relating to the notification of children and young persons requiring further care or supervision and to the medical inspection of pupils at grant-aided schools; to amend that Act so as to require the medical examination and classification of children unsuitable for education; to provide for the payment of grants to local education authorities in respect of university scholarships; and for purposes connected with those matters.

[20th February, 1962.]

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:-

Notification and classification of certain children and young persons under principal Act.

1.-(1) The section set out in Part I of the Schedule, and the sections set out in Part II, shall be substituted for section thirty-two and section fifty-three of the Education Act (Northern Ireland), 1947 (in this Act referred to as "the principal Act") respectively, and accordingly, in sub-section (2) of section one of the Education (Amendment) Act (Northern Ireland), 1956, the words "thirty-two" and "fifty-three" are hereby repealed.

(2) Sections one hundred and sixteen and one


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hundred and seventeen of the principal Act shall have effect subject to the amendments set out in Part III of the Schedule, being amendments consequential on those set out in Parts I and II thereof.

Amendment of s. 42 of principal Act as to medical inspection of certain pupils.

2. In sub-section (1) of section forty-two of the principal Act (under which health authorities must provide for the medical inspection at appropriate intervals of pupils at grant-aided schools) the words "at appropriate intervals" are hereby repealed.

Amendment of s. 104 of principal Act as to grants in aid of university scholarships.

3.-(1) The following paragraph shall be inserted after paragraph (a) of sub-section (1) of section one hundred and four of the principal Act (which empowers the Ministry of Education, with the approval of the Ministry of Finance, to make regulations providing for the payment by it of grants for educational services) -

"(aa) to local education authorities of annual grants equal to the amount by which the aggregate of the sums paid by them in any financial year under sub-section (2) of section seventy-six of this Act by way of university scholarships exceeds one hundred and sixty thousand pounds;",
and in the said paragraph (a) (which, among other things, excludes expenditure qualifying for grants under the next following paragraph from expenditure qualifying for grants under that paragraph) for the words "the next following paragraph" there shall be substituted the words "the two next following paragraphs".

(2) The following sub-section shall be inserted after sub-section (3) of the said section one hundred and four -

"(3A) Any regulations made by the Ministry under this section may make provision for calculating the amount of the grant, if any, payable to a local education authority under paragraph (aa) of sub-section (1) of this section."

Expenses.

4. There shall be paid out of moneys provided by Parliament any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under the principal Act.


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Short title and citation.

5. This Act may be cited as the Education (Amendment) Act (Northern Ireland), 1962, and this Act and the Education Acts (Northern Ireland), 1947 to 1960, may be cited together as the Education Acts (Northern Ireland), 1947 to 1962.

SCHEDULE

SECTIONS SUBSTITUTED IN PRINCIPAL ACT AND CONSEQUENTIAL AMENDMENTS.

PART I.

Section substituted for s. 32.

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 appears to the authority to be a person requiring special care within the meaning of the Mental Health Act (Northern Ireland), 1961, to the appropriate management committee;

(b) in any other case, to the welfare authority for the area in which he ordinarily resides;

and to furnish such reports or information relating to him as the management committee or, as the case may be, the welfare authority, may require.

PART II.

Sections substituted for s. 53.

Medical examination and classification of children unsuitable for education.

53.-(1) It shall be the duty of every local education authority to ascertain what children in their area are suffering from a disability of mind of such a nature or to such an extent as to make them unsuitable for education at school; and for the purpose of fulfilling that duty 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.

(2) If a parent upon whom such a notice is served fails without reasonable excuse to comply with the requirements of the notice, he shall be liable on summary conviction to a fine not exceeding five pounds.

(3) 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.


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(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 is suffering from such a disability of mind as aforesaid, they shall, subject to sub-section (5) of this section, cause the decision to be recorded and furnish to the appropriate management committee a report of the decision, together with a copy of any written advice, report or information which was taken into account for the purposes of the decision.

(5) Before recording a decision under this section with respect to any child, the local education authority shall give to the parent of the child not less than twenty-one 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 decision should be recorded, the decision shall not be recorded except by direction of the Ministry.

(6) Any notice under sub-section (5) of this section shall contain a statement of the functions of the appropriate management committee with respect to the making of arrangements for the treatment, care or training of the child in the event of the decision being recorded, and, if known to the local education authority, a statement of the arrangements proposed to be made by the appropriate management committee in the discharge of those functions.

Review of classification.

53A.-(1) Where a decision has been recorded under section fifty-three of this Act in relation to a child -

(a) the parent of the child may, at any time (but not earlier than twelve months after the recording of the decision nor more often than once in any subsequent period of twelve months) by notice in writing request the local education authority to review the decision; and

(b) if at any time it appears to the appropriate management committee, or to any authority or body responsible for the management of a place where the child is under care, that the decision ought to be reviewed, they shall give notice to that effect to the local education authority.

(2) Where any such notice is given to the local education authority, the authority shall cause to be served on the parent of the child the notice authorised by sub-section (1) of section fifty-three of this Act, and sub-sections (2) and (3) of that section shall apply accordingly; and if they decide, after considering the advice given by the medical officer and any reports or information available to them with respect to the child that the child is no longer unsuitable to receive education at school, they shall cancel the original decision.

(3) Where a decision recorded under section fifty-three of this Act is reviewed under this section, the local education authority shall serve upon the parent of the child a notice stating whether they have


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decided that the child is still unsuitable to receive education at school; and where the notice states that the authority have so decided -

(a) the parent may, before the expiration of the period of twenty-one days beginning with the day next following that on which the notice is served upon him, appeal to the Ministry against the decision of the authority; and

(b) if the Ministry is of opinion that the authority ought to have decided that the child is no longer unsuitable to receive education at school, it may direct the authority to cancel the original decision recorded with respect to the child.

(4) Any notice under sub-section (1) of this section shall be given to the local education authority who would be responsible for the education of the child if the decision were cancelled.

Supplementary provisions as to classification.

53B.-(1) If, after considering the advice given with respect to a child by a medical officer in consequence of a medical examination carried out under section thirty of this Act, the local education authority decide, not that the child requires special educational treatment, but that he is suffering from such a disability as is referred to in subsection (1) of section fifty-three of this Act, the provisions of the said section fifty-three shall apply as if the examination had been carried out and the decision made under that section.

(2) If, after considering the advice given with respect to a child by a medical officer in consequence of a medical examination carried out under section fifty-three of this Act, or under the said section fifty-three as applied by section fifty-three A of this Act, and any such reports or information as are referred to in sub-section (4) of the said section fifty-three or sub-section (2) of the said section fifty-three A, the local education authority decide that the child is not suffering from such a disability as aforesaid, but that he requires special educational treatment, sub-sections (4) to (6) of the said section thirty shall apply as if the examination had been carried out and the decision made under that section.

PART III.

Amendments of ss. 116 and 117.

1. In sub-section (1) of section one hundred and sixteen of the principal Act the following definition shall be inserted after the definition of "alterations" -

"'appropriate management committee' means the special care management committee for the area in which a person who is the subject of a notification under section thirty-two or, as the case may be, a decision under section fifty-three of this Act ordinarily resides, or, if there is not such a committee, the hospital management committee for that area;".
2. In section one hundred and seventeen of the principal Act for the words from "report" to "school" there shall be substituted the words "decision recorded under section fifty-three of this Act".