Education (Miscellaneous Provisions) Act 1948

PART IAmendments of the principal Act (7 & 8 Geo. 6. c. 31.)

Enactment amended and subject matter thereof.	Amendment.
Section thirty-three, subsection (2). (Special educational treatment in a maintained or assisted school in lieu of in a special school)	For the words " in any school maintained or assisted by the local education authority ", substitute " in any school maintained or assisted by a local education authority ".
Section forty, subsection (2). (Duty to take proceedings to enforce school attendance)	For the words " It shall be the duty of the local education authority ", substitute " It shall be the duty— (a) in the case of an offence against section thirty-seven of this Act, of the local education authority by whom the school attendance order in question was made, or (b) in the case of an offence against section thirty-nine of this Act, of the local education authority for the area to which the child in question belongs (unless they are satisfied that proceedings for the offence have been or are to be instituted by the local education authority for the area in which the school is at which the child is a registered pupil), 01, if the child does not belong to the area of any local education authority, of the local education authority for the area in which that school is ".
Section forty (Enforcement of school attendance)	After subsection (3) insert— “(3A)The power to direct that a child be brought before a juvenile court conferred by the last preceding subsection on the court before which a person is prosecuted in respect of failure of the child to attend regularly at the school at which the child is a registered pupil shall be exercisable also by the court before which a person is convicted of failing to comply with the requirements of a school attendance order, and, where a child is brought before the juvenile court pursuant to a direction given by virtue of this subsection, that court shall have the like power as is conferred on such a court by the last preceding subsection.”
Section forty-eight, subsection (3). (Provision of free medical treatment)	For the words " for pupils in attendance at any school or county college maintained by them ", substitute " for pupils for whom primary secondary or further education is provided by them at any school or county college maintained by them " ; and for the words " pupils in attendance at any other educational establishment maintained by them", substitute " pupils for whom secondary or further education is provided by them at any other educational establishment maintained by them ".
Section fifty, subsection (1). (Circumstances in which board and lodging may be provided)	Before the words " the authority may provide such board and lodging 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 educational treatment, that provision for him of board and lodging is necessary for enabling him to receive the required special educational treatment ".
Section fifty-three, subsection (1). (Provision by local education authority of facilities for recreation and training)	For the words " available for persons for whom primary secondary or further education is provided by the authority", substitute " available for persons receiving primary secondary or further education ".
Section fifty-five, subsection (2). (Payment of travelling expenses of pupils)	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 expenses ".
Section fifty-six (Provision for full-time education otherwise than at school in extraordinary circumstances)	For the words " they shall have power with the approval of the Minister to make special arrangements for him to receive such education otherwise than at school ", substitute " they shall have power with the approval of the Minister to make special arrangements for him to receive 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 receive full-time education and the Minister approves, education similar in other respects but less than full-time ".
Section fifty-seven, subsection (6). (Dealing with certain children under the Mental Deficiency Act, 1913)	For the words " ought to be dealt with under that Act", substitute " ought to be dealt with under the enactments relating to mental health ".
Section one hundred and sixteen. (Exclusion from principal Act of persons of unsound mind and persons detained by order of a court)	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 ".
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) of 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 words in this section”.
Third Schedule, paragraph 5. (Amount of grant on execution of special agreement proposals)	At the end of the paragraph insert— “Provided that, where the proposals include proposals for establishing a playing field or any buildings of a kind which it is, under subsection (7) of section thirteen of this Act, the duty of the local education authority to provide,— (a) if the proposals as respects the playing field or buildings are to be executed by the persons specified in the agreement, the amount of the grant so far as attributable to the cost thereof, shall be equal to the whole of that cost; and (b) if the proposals as respects the playing field or buildings are to be executed by the local education authority, the cost thereof shall be borne by them and excluded in computing the amount of the grant.”
Fourth Schedule, paragraph 4. (Times for meetings of managers or governors of schools)	For the words " at least once in every three months ", substitute " at least Once in every school term ".

Enactment amended and subject matter thereof.

Amendment.

Section thirty-three, subsection (2).

(Special educational treatment in a maintained or assisted school in lieu of in a special school)

For the words " in any school maintained or assisted by the local education authority ", substitute " in any school maintained or assisted by a local education authority ".

Section forty, subsection (2).

(Duty to take proceedings to enforce school attendance)

For the words " It shall be the duty of the local education authority ", substitute " It shall be the duty—

(a)

in the case of an offence against section thirty-seven of this Act, of the local education authority by whom the school attendance order in question was made, or

(b)

in the case of an offence against section thirty-nine of this Act, of the local education authority for the area to which the child in question belongs (unless they are satisfied that proceedings for the offence have been or are to be instituted by the local education authority for the area in which the school is at which the child is a registered pupil), 01, if the child does not belong to the area of any local education authority, of the local education authority for the area in which that school is ".

Section forty

(Enforcement of school attendance)

After subsection (3) insert—

“(3A)The power to direct that a child be brought before a juvenile court conferred by the last preceding subsection on the court before which a person is prosecuted in respect of failure of the child to attend regularly at the school at which the child is a registered pupil shall be exercisable also by the court before which a person is convicted of failing to comply with the requirements of a school attendance order, and, where a child is brought before the juvenile court pursuant to a direction given by virtue of this subsection, that court shall have the like power as is conferred on such a court by the last preceding subsection.”

Section forty-eight, subsection (3).

(Provision of free medical treatment)

For the words " for pupils in attendance at any school or county college maintained by them ", substitute " for pupils for whom primary secondary or further education is provided by them at any school or county college maintained by them " ; and for the words " pupils in attendance at any other educational establishment maintained by them", substitute " pupils for whom secondary or further education is provided by them at any other educational establishment maintained by them ".

Section fifty, subsection (1).

(Circumstances in which board and lodging may be provided)

Before the words " the authority may provide such board and lodging 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 educational treatment, that provision for him of board and lodging is necessary for enabling him to receive the required special educational treatment ".

Section fifty-three, subsection (1).

(Provision by local education authority of facilities for recreation and training)

For the words " available for persons for whom primary secondary or further education is provided by the authority", substitute " available for persons receiving primary secondary or further education ".

Section fifty-five, subsection (2).

(Payment of travelling expenses of pupils)

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 expenses ".

Section fifty-six

(Provision for full-time education otherwise than at school in extraordinary circumstances)

For the words " they shall have power with the approval of the Minister to make special arrangements for him to receive such education otherwise than at school ", substitute " they shall have power with the approval of the Minister to make special arrangements for him to receive 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 receive full-time education and the Minister approves, education similar in other respects but less than full-time ".

Section fifty-seven, subsection (6).

(Dealing with certain children under the Mental Deficiency Act, 1913)

For the words " ought to be dealt with under that Act", substitute " ought to be dealt with under the enactments relating to mental health ".

Section one hundred and sixteen.

(Exclusion from principal Act of persons of unsound mind and persons detained by order of a court)

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 ".

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) of 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 words in this section”.

Third Schedule, paragraph 5.

(Amount of grant on execution of special agreement proposals)

At the end of the paragraph insert—

“Provided that, where the proposals include proposals for establishing a playing field or any buildings of a kind which it is, under subsection (7) of section thirteen of this Act, the duty of the local education authority to provide,—

(a)

if the proposals as respects the playing field or buildings are to be executed by the persons specified in the agreement, the amount of the grant so far as attributable to the cost thereof, shall be equal to the whole of that cost; and

(b)

if the proposals as respects the playing field or buildings are to be executed by the local education authority, the cost thereof shall be borne by them and excluded in computing the amount of the grant.”

Fourth Schedule, paragraph 4.

(Times for meetings of managers or governors of schools)

For the words " at least once in every three months ", substitute " at least Once in every school term ".