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Education (Amendment) Act (Northern Ireland) 1963

This is an Act of the Northern Ireland Parliament (not the UK Parliament in Westminster). It is chapter 27 for the year 1963.

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Education (Amendment) Act (Northern Ireland) 1963

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[unnumbered page]

Education (Amendment) Act
(Northern Ireland) 1963

[1963. Ch. 27.]

ARRANGEMENT OF SECTIONS.

Section.

1. Appointment to county school of certain teachers serving in any other county school.

2. Employment of teachers for certain pupils requiring special educational treatment.

3. Enforcement of school attendance.

4. Remission of repayment of cost of board and lodging of certain pupils requiring special educational treatment.

5. Schemes for assisting in prevention of accidents to children proceeding to or from any grant-aided school.

6. Removal of certain disqualifications for being a teacher.

7. Power of entry on land.

8. Financial provision.

9. Interpretation.

10. Repeals.

11. Short title and citation.

SCHEDULE: REPEALS.

PART I - Enactments which are spent or unnecessary.

PART II - Other enactments repealed.


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11 & 12 Eliz. 2.

1963. Chapter 27.

An Act to alter the procedure for the appointment to a county school of certain teachers serving in any other county school; to provide for the employment of teachers upon approved terms and conditions for certain pupils requiring special educational treatment; to extend the provision of free board and lodging to certain pupils requiring such treatment; to make further provision regarding the enforcement of school attendance; to amend the law relating to schemes, which may be framed by local education authorities for assisting in the prevention of accidents to children proceeding to and from any grant-aided school; to remove certain disqualifications for being a teacher; to give certain powers of entry on land; to repeal spent and unnecessary provisions of the Education Acts (Northern Ireland) 1947 to 1962; and for purposes connected with the matters aforesaid.

[15th October, 1963.]

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:-

Appointment to county school of certain teachers serving in any other county school.

1.-(1) Subsection (1) of section 19 of the principal Act (Appointment of teachers for certain schools) shall not apply to the appointment to a county school of a


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teacher serving in any other county school where the teacher is no longer required for the school in which he is serving owing to the operation of a development scheme, and accordingly in subsection (3)(a) of that section for sub-paragraph (i) there shall be substituted the following sub-paragraph -

"(i) to transfer or appoint to a county school a teacher serving in any other county school or in a voluntary school, for the reason that the said teacher is no longer required for the school in which he is serving owing to the operation of a development scheme; or".
(2) In section 19(4) of the principal Act after the words "proposed transfer" there shall be inserted the words "or appointment".

Employment of teachers for certain pupils requiring special educational treatment.

2. After section 29(3) of the principal Act (Education of pupils requiring special educational treatment) there shall be inserted the following subsection:-

"(3A) Where arrangements are made for the special educational treatment of pupils otherwise than in a school or where in special circumstances the Ministry so approves, a local education authority may for the purpose of providing such treatment, whether in a school or otherwise, employ a teacher upon such terms and subject to such conditions as may be approved by the Ministry.".
Enforcement of school attendance.

3.-(1) For section 38 of the principal Act (Enforcement of school attendance) there shall be substituted the following section:-

Enforcement of school attendance.

38.-(1) Subject to the provisions of this section, any person guilty of an offence against section thirty-five or section thirty-seven of this Act shall be liable on summary conviction -

(a) in the case of a first offence against that section to a fine not exceeding two pounds;
(b) in the case of a second offence against that section to a fine not exceeding five pounds; and
(c) in the case of a third or subsequent offence against that section to a fine not exceeding ten pounds or to imprisonment for a term not exceeding

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one month or to both such fine and such imprisonment.
(2) It shall be the duty of the local education authority to institute proceedings for such offences as aforesaid whenever, in their opinion, the institution of such proceedings is necessary for the purpose of enforcing the duty imposed upon a parent by this Act to cause his child to receive efficient full-time education suitable to his age, ability and aptitude.

(3) Where the court before which a prosecution is brought for an offence against the last foregoing section is satisfied that the child in respect of whom the offence is alleged to have been committed has failed to attend regularly at the school at which he is a registered pupil, then, whether or not the parent is convicted, the court may direct that the child be brought before a juvenile court by the authority by whom or on whose behalf the proceedings were instituted, and that court may, if it is satisfied that it is necessary so to do for the purpose of securing the regular attendance of the child at school, make any order which a juvenile court has power to make under section sixty-three of

1050, c. 5.

the Children and Young Persons Act (Northern Ireland), 1950.

(4) The power of direction conferred on a court of summary jurisdiction by the last preceding sub-section shall be exercisable also by the court before which a person is convicted of failure to comply with the requirements of a school attendance order, and where a child is brought before a juvenile court, pursuant to a direction given by virtue of this sub-section, that court shall have the like power as is conferred on it by that sub-section.

(5) Without prejudice to the institution of proceedings for an offence against section thirty-five or section thirty-seven of this Act or to the exercise of the power conferred by sub-section (3) or sub-section (4) of this section on a court to give a direction for the bringing of a child before a juvenile court, where -


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(a) a child of compulsory school age who is a registered pupil at a school fails to attend regularly thereat; or

(b) a child in respect of whom a school attendance order has been made has not become a registered pupil at a school;

the local education authority or an officer appointed for the purpose and authorised in that behalf by the authority may, 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 subsection (3).

(6) Proceedings for an offence under section thirty-five or section thirty-seven of this Act shall not be taken except by or on behalf of the local education authority or by an officer appointed for the purpose and authorised in that behalf by the authority; and any such officer may, on behalf of the authority, carry out any direction of a court given under subsection (3) or sub-section (4) of this section and may, although not of counsel or a solicitor, prosecute or conduct before a court of summary jurisdiction any such proceedings as aforesaid and conduct any proceedings brought before a juvenile court under sub-section (3), subsection (4) or sub-section (5) of this section.".

(2) In section 48 of the Children and Young Persons Act (Northern Ireland) 1950 (Assignment of certain matters to juvenile court) -
(a) subsection (4) shall cease to have effect; and

(b) in subsection (5) (as amended by section 2(2) of the Education (Amendment) Act (Northern Ireland) 1958) for the words from "the said section thirty-eight, as amended" to the words "sub-section (4) of the said section thirty-eight" there shall be substituted the words "section thirty-eight of the Education Act (Northern Ireland),


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1947, that he be brought before a juvenile court and a child brought before such a court by virtue of sub-section (5) of the said section thirty-eight" and the words "as so amended" shall cease to have effect.

(3) Section 2(2) of the Education (Amendment) Act (Northern Ireland) 1958 shall cease to have effect.

Remission of repayment of cost of board and lodging of certain pupils requiring special educational treatment.

4. Where in accordance with arrangements made by a local education authority, a pupil requiring special educational treatment is provided with board and lodging so as to facilitate his treatment, the authority shall remit any sums which would, under section 46(1) of the principal Act, be payable by the parent to the authority in respect thereof and accordingly for the proviso to the said section 46(1) (as inserted by section 4 of the Education (Amendment) Act (Northern Ireland) 1958) there shall be substituted the following proviso:-

"Provided that where, in accordance with arrangements made by a local education authority, a pupil requiring special educational treatment is provided with board and lodging so as to facilitate his treatment, the authority shall remit the whole of the sums in respect thereof.".

Schemes for assisting in prevention of accidents to children proceeding to or from any grant-aided school.

5. In section 51 (5) of the principal Act (Schemes for assisting in prevention of road accidents to children proceeding to or from any grant-aided school) for the words "road accidents" there shall be substituted the word "accidents".

Removal of certain disqualifications for being a teacher.

6. So much of section 85(1) of the principal Act (Disqualification for being appointed or being a teacher in a grant-aided school or institution) as is unrepealed at the passing of this Act shall cease to have effect.

Power of entry on land.

7. After section 95(2) of the principal Act (Acquisition of land and other dealings in land by local education authorities) there shall be added the following subsections:-

"(2A) Any person authorised by a local education authority or the Ministry in writing stating the particular purpose or purposes for which the entry is authorised may at all reasonable times, on giving to the occupier and, if the owner is known, to the

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owner 3 days notice of his intention, enter for the purpose of survey, valuation or examination -
(a) land which the authority propose to acquire compulsorily under the powers conferred on them by this section; and
(b) any land, where it appears to the authority or the Ministry that survey, valuation or examination is necessary in order to determine whether any powers under this section should be exercised in respect of that land.
(2B) If any person, other than the owner or occupier of land entered under sub-section 2(A) of this section, obstructs a person authorised as aforesaid in the performance of anything which such person is required or authorised to do, he shall be liable on summary conviction to a fine not exceeding twenty pounds.

(2C) If any person being the owner or occupier of land prevents a person authorised as aforesaid from duly carrying into effect any survey, valuation or examination of such land, any court of summary jurisdiction on proof thereof may order such person to permit to be done on such land all things requisite for carrying into effect such survey, valuation or examination and if he fails to comply with the order, he shall, for every day during which the failure continues, be liable on summary conviction to a fine not exceeding twenty pounds.".

Financial provision.

8. There shall be defrayed out of moneys provided by Parliament any increase attributable to the provisions of this Act in the sums which under the principal Act are to be so defrayed.

Interpretation.

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

Repeals.

10. The enactments set out in the Schedule, which includes in Part I enactments which are spent or unnecessary, are hereby repealed to the extent specified in the third column of the Schedule.

Short title and citation.

11. This Act may be cited as the Education (Amendment) Act (Northern Ireland) 1963 and this Act and the Education Acts (Northern Ireland) 1947 to 1962 may be cited together as the Education Acts (Northern Ireland) 1947 to 1963.

SCHEDULE

REPEALS.

PART I.

Enactments which are spent or unnecessary.

Year and ChapterShort TitleExtent of Repeal
1947, c. 3.The Education Act (Northern Ireland) 1947.Section 49(5).
In section 60(3), the words from "and for" to the end of the section.
Section 64(2)(3)(4)(7)(8).
(Section 93(2) proviso.
In section 95(3)(4) the reference to "county district".
Section 96.
Section 104(4)(5).
Section 109.
Section 118.
Schedule 4.
1950, c. 1.The Education (Miscellaneous Provisions) Act (Northern Ireland) 1950.'Section 6.
1953, c. 11.The Education (Amendment) Act (Northern Ireland) 1953.Section 2.
1956, c. 24.The Education (Amendment) Act (Northern Ireland) 1956.In section 2(1)(b), the words from "order made" to "or".


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PART II.

Other enactments repealed.

Year and ChapterShort TitleExtent of Repeal
1947, c. 3.The Education Act (Northern Ireland) 1947.Section 85(1) so far as unrepealed.
1950, c. 1.The Education (Miscellaneous Provisions) Act (Northern Ireland) 1950.In the Schedule, the entry relating to section 38 of 1947, c. 3.
1950, c. 5.The Children and Young Persons Act (Northern Ireland) 1950.In section 48, subsection (4) and in subsection (5) the words "as so amended".
1958, c. 28.The Education (Amendment) Act (Northern Ireland) 1958.Sections 2 and 4.