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Local Government Act 1958

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52New claims to status of excepted district

(1)A council of any county district which is not an excepted district within the meaning of Part III of the First Schedule to the Education Act, 1944 (which relates to the delegation of functions to divisional executives) may, within any of the periods mentioned in subsection (2) of this section, apply to the Minister of Education for a direction constituting the district an excepted district (that is to say, a district excepted from any scheme of divisional administration made by the local education authority but having its own scheme of divisional administration), and the Minister shall give the direction if—

(a)the district is a borough or urban district having a population of sixty thousand or more; or

(b)the Minister, after consultation with the local education authority and such other councils as appear to him to be concerned, is satisfied that by reason of special circumstances the district ought to be an excepted district,

but shall not give the direction in any other case; and upon his direction being given the district shall become an excepted district within the meaning of the said Part III and the provisions of that Part other than paragraph 4 shall apply to it accordingly.

(2)The said periods are periods of six months beginning on the day, or ten or a greater multiple of five years after the day, on which this Act is passed; and subsections (5) and (8) of section forty-seven of this Act shall, with the necessary modifications, apply in relation to this and the foregoing subsection as they apply in relation to subsection (3) of that section and subsection (3) of section forty-six of this Act respectively.

(3)Where the local education authority is a joint board constituted under Part II of this Act, and any of the constituent members of the board is the council of a county district, the foregoing provisions of this section shall not apply to the council of any county district in the area of the authority.

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