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Education (Miscellaneous Provisions) Act 1948

Status:

This is the original version (as it was originally enacted).

Part IIAmendments of other Enactments

The Endowed Schools Act, 1869 (32 & 33 Vict. c. 56.)

Enactment amended and subject matter thereof.Amendment.

Section five

(Definition for purposes of the Endowed Schools Acts of " educational endowment ")

For the section substitute the following section—

5. In this Act, unless the context otherwise requires, the expressioneducational endowment " means an endowment or any part of an endowment which, or the income whereof, has been made applicable or is applied for the purposes of education, whether the same has been made so applicable by the original instrument of foundation or by any subsequent Act of Parliament, letters patent, decree, scheme, order, instrument, or other authority ".

Section nine

(Purposes for which schemes may be made)

For the words " the education of boys and girls, or either of them ", substitute

education.

Section twelve

(Extension to girls of benefits of endowments)

For the section substitute the following section—

12. Without prejudice to the generality of this Act as to the provision which may be made by schemes thereunder, provision may be made thereby for extending to persons of either sex the benefits of endowments which might otherwise be limited to persons of the other sex.

Sections fifteen and sixteen.

(Exemption from attending religious worship etc.)

At the end of each of those sections insert—

In the application of this section to a scholar attending an educational establishment other than a school within the meaning of the Education Act, 1944, references to the scholar himself shall be substituted for the references therein to his parent or guardian or the person liable to maintain him or having the actual custody of him.

Section nineteen

(Exception of certain endowments from certain provisions of Act unless governing body assents)

In the provision " unless the governing body, constituted as it would have been if no scheme under this Act had been made, assents to such scheme ", omit the words

constituted as it would have been if no scheme under this Act had been made.

The Mental Deficiency Act, 1913 (3 & 4 Geo. 5. c. 28.)

Enactment amended and subject matter thereof.Amendment.

Section one, subsection (1), paragraph (c).

(Definition of defectives)

For the words " or, in the case of children, that they appear to be permanently incapable by reason of such defectiveness of receiving proper benefit from the instruction in ordinary schools", substitute

or, in the case of children, involves disability of mind of such a nature and extent as to make them, for the purposes of section fifty-seven of the Education Act, 1944, incapable of receiving education at school.

Section two, subsection (1), paragraph (b)(v).

(Persons who may be dealt with as defectives as mentioned in that section)

For the words " who is a person with respect to whom a report has been issued under the enactments relating to education ", substitute

who is for the time being the subject of a report in force under the enactments relating to education.

The Children and Young Persons Act, 1933 (23 & 24 Geo. 5. c. 12.)

Section eighteen, subsection (1), paragraph (a).

(Minimum age for employment)

For the paragraph substitute the following paragraph—

" (a) until he has attained the age two years below that which is for the time being the upper limit of the compulsory school age by virtue of section thirty-five of the Education Act, 1944, together with any Order in Council made under that section (without regard to the provisions of subsection (1) of section thirty-eight of that Act as to the age of pupils at special schools, or to the provisions of section eight of the Education Act, 1946, as to deeming a person not to have attained a given age until the end of a School term) ".

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