Education Act 1918

SCHEDULES.

Section 50.

FIRST SCHEDULE Extension of Enactments

Enactment extended.	Enactment as extended.
Elementary Education Act, 1870.
s. 36	Every local education authority may, if they think fit, appoint an officer or officers to enforce the Education Acts and any byelaws, orders, or other instruments made thereunder with reference to the attendance of children or -young persons at school.
s. 81	Certificates, notices, requisitions, orders, precepts, and all documents required by the Education Acts or any regulations or byelaws made thereunder to be served or sent may, unless otherwise, expressly provided, be served and sent by post, and, till the contrary is proved, shall be deemed to have been served and received respectively at the time when the letter containing the same would be delivered in the ordinary course of post; and in proving such service or sending it shall be sufficient to prove that the letter containing the certificate, notice, requisition, order, precept, or document was prepaid, and properly addressed, and put into the post.
s. 84	After the expiration of three months from the date of any order or requisition of the Board of Education under the Education Acts such order or requisition shall be presumed to have been duly made, and to be within the powers of the Education Acts, and no objection to the legality thereof shall be entertained in any legal proceeding whatever.
Elementary Education Act, 1873.
s. 24	With respect to proceedings before a court of summary jurisdiction for offences and penalties under the Education Acts or any byelaws made thereunder the following provisions shall have effect:— * * * * (4) Any justice may require by summons any parent or employer of a child or young person, required by the Education Acts or by any byelaws, orders, or other instruments made thereunder to attend school, to produce the child or young person before a court of summary jurisdiction, and any person failing, without reasonable excuse to the satisfaction of the court, to comply with such summons shall be liable to a penalty not exceeding twenty shillings. (5) A certificate purporting to be under the hand of the principal teacher of a public elementary or continuation school, stating that a child or young person is or is not attending such school, or stating the particulars of the attendance of a child or young person at such school, shall be evidence of the facts stated in such certificate. (6) Where a child or young person is apparently of the age alleged for the purposes of the proceedings, it shall lie on the defendant to prove that the child or young person is not of such age. * * * * (8) Where a local education authority are by reason of the default of the managers or proprietor of an elementary or continuation school, unable to ascertain whether a child or young person who is resident within the district of such local education authority and attends such school attends school in conformity with the Education Acts or any byelaws, orders, or other instruments made thereunder, it shall lie on the defendant to show that the child or young person has attended school in conformity with the sajd Acts, byelaws, orders, or other instruments.
Elementary Education Act, 1876.
s. 38	No legal proceedings for non-attendance or irregular attendance at school shall be commenced in a court of summary jurisdiction by any person appointed to carry out the Education Acts or any byelaws made thereunder, except by the direction of not less than two members of the education committee of a local education authority, or of any sub-committee appointed by that committee for school attendance purposes.

Section 51

SECOND SCHEDULE Enactments Repealed

Session and Chapter.	Short Title.	Extent of Repeal.
33 & 34 Vict. c. 75.	The Elementary Education Act, 1870.	Section seventeen.
		In section twenty from the beginning of subsection (2) to the end of subsection (8).
		Section fifty-two.
		Sections sixty-seven to seventy-two.
		Section seventy-three.
		In section seventy-four the words " (3) Providing for " the remission or payment " of the whole or any part " of the fees of any child " where the parent satisfies the school board that " he is unable from poverty to pay the same " ; and the words from " Pro-" vided that any byelaw " down to the words " specified in such byelaw."
		Section ninety-four.
		Section ninety-seven from " Provided that no such " minute " to the end of the section.
35 & 36 Vict. c. 27.	The Elementary Education Act Amendment Act, 1872.	The whole Act.
36 & 37 Vict. c. 86.	The Elementary Education Act, 1873.	Section fifteen.
		Section nineteen.
		Subsections (3) and (7) of section twenty-four, and in subsection (5) the words " or stating that a child " has been certified by " one of Her Majesty's " Inspectors to have " reached a particular " standard of education."
39 & 40 Vict. c. 79.	The Elementary Education Act, 1876.	Section five.
		Section six.
		Section seven from " Provided that " to the words " by information and " otherwise."
		Section nine.
		Section ten.
		In section eleven the words " who is under this Act " prohibited from being " taken into full time employment."
		Section nineteen.
		In section twenty-four from the beginning of the section down to " the parent of such child " ; and the words " and the persons " by whom and the form " in which certificates of " the said proficiency and due attendance are to be " granted, and with respect to other matters " relating thereto " ; and the words " and other " records of such proficiency and attendance."
		Section twenty-eight.
		Section twenty-nine.
		Section thirty-five.
		In section thirty-seven the words from " And every person who shall fraudulently " down to " not " exceeding . fourteen " days."
		Section thirty-nine.
		Section forty.
		Section forty-five.
		Section forty-six.
		Section forty-seven.
		Section fifty.
		The First Schedule.
43 & 44 Vict. c. 23.	The Elementary Education Act, 1880.	Section four.
		Section five.
53 & 54 Vict. c. 22.	The Education Code (1890) Act, 1890.	The whole Act.
54 & 55 Vict. c. 56.	The Elementary Education Act, 1891.	The whole Act.
55 & 56 Vict. c. 29.	The Technical and Industrial Institutions Act, 1892.	In section ten the words " but every such conveyance or assurance shall " be enrolled as soon as " may be in the books " of the Charity Commissioners."
56 & 57 Vict. c. 51.	The Elementary Education (School Attendance) Act, 1893.	The whole Act.
60 & 61 Vict. c. 32.	The School Board Conference Act, 1897.	The whole Act.
62 & 63 Vict. c. 13.	The Elementary Education (School Attendance) Act (1893) Amendment Act, 1899.	The whole Act.
63 & 64 Vict c. 53.	The Elementary Education Act, 1900.	Section one.
		In section six the words " and in section four of the Elementary Education, Act, 1880."
		Section seven.
1 Edw. 7. c. 11	The Education Act, 1901.	The whole Act.
1 Edw. 7. c. 22	The Factory and "Workshop Act, 1901.	Sections sixty - eight to seventy - two except as respects children lawfully employed in factories and workshops at the commencement of this Act and except as respects Scotland and Ireland.
2 Edw. 7. c. 19	The Education Act (1901) (Renewal) Act, 1902.	The whole Act,
2 Edw. 7. c. 42	The Education Act, 1902.	In subsection (1) of section two from " Provided that the amount" to the end of the subsection.
		Subsection (5) of section seven from " and in any case " to the end 'of the subsection.
		Section ten.
		Section fourteen.
		Subsection (7) of section seventeen,
		Subsection (1) of section twenty-one.
		In subsection (2) thereof the words " or provisional order," in subsection (3) thereof the words " or any provisional order made for the purposes of such a scheme."
		Subsections (5) and (10) of section twenty-three.
		In the Third Schedule, paragraph (1), from " except as respects " to the end of the paragraph, and paragraph (5).
3 Edw. 7. c. 10	The Education (Provision of Working Balances) Act, 1903.	The whole Act.
3 Edw. 7. c. 24	The Education (London) Act, 1903.	In the First Schedule, paragraphs (2) and (7).
7 Edw. 7. c. 43	The Education (Administrative Provisions) Act, 1907.	Section four, without prejudice to the legality of anything retrospectively legalised thereby.
		In subsection (1) of section fourteen the words " or a ground of exemption for the purposes of section nine of the latter Act."
9 Edw. 7. c. 29	The Education (Administrative Provisions) Act, 1909.	Section three, without prejudice to the legality of anything retrospectively legalised thereby.
5 & 6 Geo. 5. c. 95.	The Education (Small Population Grants) Act, 1915.	The whole Act.
6 & 7 Geo. 5. c. 35.	The Elementary Education (Fee Grant) Act, 1916.	The whole Act.