1F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 Allocation between primary and secondary education of children between ten and a half and twelve years old. C1
1
The definitions of primary and secondary education in subsection (1) of section eight of the principal Act shall be amended in accordance with the provisions of this section.
2
In paragraph (a) of the said subsection (1), which defines primary education, for the words “primary education, that is to say, full-time education suitable to the requirements of junior pupils”, there shall be substituted the words “primary education, that is to say, full-time education suitable to the requirements of junior pupils who have not attained the age of ten years and six months, and the full-time eduacation suitable to the requirements of junior pupils who have attained that age and whom it is expedient to educate together with junior pupils who have not attained that age”.
F43
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 Provisions as to pupils becoming registered pupils at, and being withdrawn from, schools.
1
A local education authority shall have power to make arrangements with respect to a primary school maintained by them, not being a school which is for the time being organised for the provision of both primary and secondary education, under which any junior pupils who have attained the age of ten years and six months and who are registered pupils at the school may be required to be withdrawn therefrom for the purpose of receiving secondary education.
2
The provision of section eight of the principal Act which renders it the duty of every local education authority to secure that there shall be available for their area sufficient schools for providing primary and secondary education shall not be construed as imposing any obligation on proprietors of schools to admit children as registered pupils otherwise than at the beginning of a school term, except as regards admission at a school during the currency of a school term of a child who was prevented from entering the school at the beginning of the term—
a
by his being ill or by other circumstances beyond his control; or
b
by his parents having been then resident at a place whence the school was not accessible with reasonable facility;
and, notwithstanding anything in section thirty-six of the principal Act, the parent of a child shall not be under any duty to cause him to receive full-time education during any period during which, having regard to the preceding provisions of this subsection, it is not practicable for the parent to arrange for him to become a registered pupil at a school.
3
In cases not falling within the exception mentioned in the last preceding subsection, the . . . F5 governors of schools maintained by a local education authority shall comply, as respects the time of admission of children as registered pupils, with any general directions given by the authority in that behalf.
F63A
General directions given by a local education authority as respects the time of admission of children as registered pupils shall not prevent the admission to a school of children in respect of whose education grants may be made under arrangements which have been made under section 1 of the Nursery Education and Grant-Maintained Schools Act 1996.
C24
In subsection (1) of section eighty of the principal Act (which requires the proprietor of every school to cause a register to be kept containing particulars of all persons of compulsory school age who are pupils at the school), the words “of compulsory school age” are hereby repealed.
C25
Subsection (3) of the said section eighty (which requires regulations to be made as to the procedure by which children may become registered pupils at a school, and may be withdrawn from a school) shall cease to have effect.
6
The regulations made under the said section eighty shall prescribe the grounds on which names are to be deleted from a register kept thereunder, and the name of a person entered in such a register as a registered pupil shall be deleted therefrom when occasion arises on some one or other of the prescribed grounds and shall not be deleted therefrom on any other ground.
5 Amendment and consolidation of enactments as to provision of clothing.
C31
A local education authority may provide clothing—
a
for any pupil who is a boarder at any educational institution maintained by the authority F7or at a grant-maintained school;
b
for any pupil at a nursery school so maintained; or
c
for any pupil in a nursery class at any school so maintained F7or at a grant-maintained school,
2
Where it appears to a local education authority that—
a
a pupil not falling within the preceding subsection at a school maintained by them F10or at a grant-maintained school, or
b
a pupil not falling within the preceding subsection at a special school whether maintained by them or not,
is unable by reason of the inadequacy or unsuitability of his clothing to take full advantage of the education provided at the school, the authority may provide him with such clothing as in the opinion of the authority is necessary for the purpose of ensuring that he is sufficiently and suitably clad while he remains a pupil at the school.
C33
F11A local education authority may provide—
a
for pupils at a school maintained by them F12or a grant-maintained school, or at F13an institution maintained by them which provides higher education or further education (or both),
F14(aa) for persons who have not attained the age of nineteen years and who are receiving education at an institution within the further education sector and
b
for persons who make use of facilities for physical training made available for them by the authority under subsection (1) of section fifty-three of the principal Act,
4
A local education authority may, with the consent of the proprietor of a school not maintained by the authority other than a special school F17or a grant-maintained school, and upon such financial and other terms, if any, as may be determined by agreement between the authority and the proprietor of the school, make arrangements for securing, for any pupil at the school who is unable by reason of the inadequacy or unsuitability of his clothing to take full advantage of the education provided at the school, the provision of such clothing as is necessary for the purpose of ensuring that he is sufficiently and suitably clad while he remains a pupil at the school:
Provided that any arrangements made under this subsection shall be such as to secure, so far as is practicable, that the expense incurred by the authority in connection with the provision of any article under the arrangements shall not exceed the expense which would have been incurred by them in the provision thereof if the pupil had been a pupil at a school maintained by them.
5
Provision of clothing under any of the powers conferred by this section may be made in such way as to confer either a right of property in the clothing or a right of user only, at the option of the providing authority except in any circumstances for which the adoption of one or other way of making such provision is prescribed.
6
Where a local education authority have, under the powers conferred by this section, provided a person with clothing, then, in such circumstances respectively as may be prescribed—
a
the authority shall be under obligation to require the parent to pay to them in respect thereof such sum, if any, as in the opinion of the authority he is able without financial hardship to pay, not exceeding the cost to the authority of the provision;
b
the authority shall have power to require the parent to pay to them in respect thereof such sums as aforesaid or any less sums; or
c
the parent shall not be required to pay any sum in respect thereof.
Any sum which a parent is duly required to pay by virtue of paragraph (a) or (b) of this subsection may be recovered summarily as a civil debt.
F186A
Where a person who has attained the age of eighteen years (other than a registered pupil at a school) is provided with clothing under this section any reference in subsection (6) above to his parent shall be construed as a reference to that person.
7
The preceding provisions of this section shall be in substitution for the provisions of the Education Acts 1944 and 1946, relating to the provision of clothing.
6F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F207
1
For the proviso to subsection (2) of section ten of the principal Act (which empowers the Secretary of State to give such a direction as is therein mentioned where he is satisfied that it would be unreasonable in the case of any particular school to require conformity in any particular respect with the requirements of the regulations as to the prescribed standards as to the premises of schools), the following proviso shall be substituted, that is to say—
Provided that, if the Secretary of State is satisfied with respect to any school—
a
that having regard to the nature of the existing site or to any existing buildings thereon or to other special circumstances affecting the school premises it would be unreasonable to require conformity with a requirement of the regulations as to any matter, or
b
where the school is to have an additional or new site that having regard to shortage of suitable sites it would be unreasonable to require conformity with a requirement of the regulations relating to sites, or
c
where the school is to have additional buildings or is to be transferred to a new site, and existing buildings not theretofore part of the school premises, or temporary buildings, are to be used for that purpose, that having regard to the need to control public expenditure in the interests of the national economy it would be unreasonable to require conformity with a requirement of the regulations relating to buildings,
he may give a direction that, notwithstanding that that requirement is not satisfied, the school premises shall, whilst the direction remains in force, be deemed to conform to the prescribed standards as respects matters with which the direction deals if such conditions, if any, as may be specified in the direction as respects those matters are observed.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21
3
This section . . . F22 shall be deemed to have had effect since the commencement of Part II of the principal Act.
8F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F249. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 Provisions as to power of local education authorities to acquire land.
C41
Subsection (1) of section ninety of the principal Act (under which a local education authority may be authorised to purchase compulsorily land required for the purposes of any school or college which is, or is to be, maintained by them, or otherwise for the purposes of their functions under that Act) shall be amended by inserting therein, after the words “for the purposes of any school or college which is, or is to be, maintained by them” the words “or which they have power to asist.”
2
For the removal of doubt it is hereby declared that the rendering available of land for the purposes of a school F25or institution which is, or is to be, maintained by a local education authority, or which they have power to assist, is a function of the authority within the meaning of F26section one hundred and twenty of the M1Local Government Act 1972, . . . F27 (which relate to the acquisition by a local authority by agreement of land for the purpose of any of their functions), notwithstanding that the land will not be held by the authority.
3
A local education authority shall not acquire by agreement any land required for the purposes of a voluntary school unless they are satisfied that the arrangements made as to the vesting of the land to be acquired, and as to the appropriation thereof for those purposes, are such as to secure that the expenditure ultimately borne by them will not include any expenditure which, if the land had been acquired by the . . . F28 governors of the school, would have fallen to be borne by the . . . F28 governors.
11 Miscellaneous amendments and repeals.
C51
The provisions of the principal Act specified in the column of Part I of the First Schedule to this Act, and the provisions of other Acts specified in the first column of Part II of that Schedule, shall have effect subject to the amendments specified in the second column of that Schedule (being amendments which relate to the minor matters and consequential amendments).
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29
12 Provisions as to regulations.
Regulations made for any of the purposes of this Act, save in so far as they are subject to corresponding provision by virtue of their being made under a power conferred by the principal Act, shall be made by statutory instrument and shall be subject to annulment in pursuance of resolution of either House of Parliament.
13F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14 Short title, citation, construction and extent.
1
This Act may be cited as the Education (Miscellaneous Provisions) Act 1948.
2
3
4
References in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as references to that enactment as amended by or under any other enactment, including this Act.
5
This Act shall not extend to Scotland or Northern Ireland.
SCHEDULES 1 Minor and Consequential Amendments.
C6Part I Amendments of the principal Act M2.
Entries repealed by Education (Miscellaneous Provisions) Act 1953 (c. 33), Sch. 2; Mental Health Act 1959 (c. 72), Sch. 8 Pt. I; Children and Young Persons Act 1969 (c. 54), s. 72(4), Sch. 6 and Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. V
Entry repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7
The text of Schedule 1 Pt. I is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
7&8 Geo. 6. c. 31.
Enactment amended and subject matter thereof. | Amendment |
|---|---|
. . . F32 | . . . F32 |
Section fifty, subsection (1). | Before the words “the authority may provide such board and lodgings for him under such arrangements as they think fit”, insert “and where a local education authority are satisfied, with respect to a pupil requiring special education treatment, that provision for him of board and lodging is necessary for enabling him to recieve the required special educational treatment”. |
(Circumstances in which board and lodging may be provided) | |
Section fifty-three, subsection (1). | For the words “available for persons for whom primary secondary or further education is provided by the authority”, substitute “available for persons recieving primary secondary or further education”. |
(Provision by local authority of facilities for recreation and training) | |
Section fifty-five, subsection (2). | For the words “may pay the reasonable travelling expenses”, substitute “may pay the whole or any part, as the authority think fit, of the reasonable travelling ezpenses”. |
(Payment of travelling expenses of pupils) | |
Section fifty-six | For the words “they shall have power with the approval of the Minister to make special arrangements for him to recieve such education otherwise than at school”, substitute “they shall have power with the approval of the Minister to make special arrangements for him to recieve education otherwise than at school, being primary or secondary education, as the case may require, or, if the authority are satisfied that it is impracticable for him to recieve full-time education and the Minister approves, education similar in other respects but less than full-time.”. |
(Provision for full-time education otherwise than at school in extraordinary circumstances) | |
. . . F32 | . . . F32 |
Section one hundred and sixteen | In the provision “is undergoing treatment as a voluntary patient under section one, or a temporary patient under section five, of the Mental Treatment Act, 1930”. omit the words “a voluntary patient under section one or”. |
(Exclusion from principal Act of persons of unsound mind and persons detained by an order of a court) | For the words “has been reported under subsection (3) of section fifty-seven of this Act”, substitute “is for the time being the subject of a report in force under subsection (3) od section fifty-seven of this Act”. |
At the end of the section insert— “or of an order of recall made by the Prison Commissioners, but a local education authority shall have power to make arrangements for a person who is detained in pursuance of an order made by a court, or of such an order of recall, to receive the benefit of educational facilities provided by the authority.Where a child or young person is being educated as a boarder at a school, the fact that he is required to be at the school by virtue of an order made by a court under the Children and Young Persons Act, 1933, or by virtue of anything done under such an order, or by virtue of a requirement of a probation order or by virtue of anything done under such a requirement, shall not render him a person detained in pursuance of an order made by a court within the meaning of those wqords in this section.” | |
Third Schedule, paragraph 5. | At the end of the paragraph insert—
|
(Amount of grant on execution of special agreement proposals) | |
. . . F33 | . . . F33 |
Part II . . . F34
Sch. 1 Pt. II repealed by Education Act 1973 (c. 16), Sch. 2 Pt. II
F35F35Schedule 2
Schedule 2 repealed by Statute Law Revision Act 1950 (c. 6), Sch. 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35
Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)