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Education Act 1946

Status:

This is the original version (as it was originally enacted).

SECOND SCHEDULEMiscellaneous Amendments of Principal Act

Part I

Section fifty

For the word " child", wherever that word occurs, there shall be substituted the word

pupil.

Section sixty-eight

At the end of the section there shall be inserted the following words :—

" In this section, references to a local education authority shall be construed as including references to any body of persons authorised, in accordance with the First Schedule to this Act, or in accordance with section thirteen of the Education Act, 1946, to exercise functions of such an authority

Section seventy-three

After subsection (4), there shall be inserted the following subsection :—

" (5) For the purposes of the foregoing provisions of this Part of this Act, a person who is disqualified by an order made under Part IV of the Education (Scotland) Act, 1945, from being the proprietor of an independent school or from being a teacher in any school shall be deemed to be so disqualified by virtue of an order made under this Part of this Act."

Section eighty-sixIn subsection (1), the words " for the pupils in attendance at a voluntary school" shall be omitted.
Section one hundred and thirteen.

For the word " notice " there shall be substituted the words

order, notice or other document.

Part III of the First Schedule.

At the end of paragraph 3 there shall be inserted the following proviso :—

" Provided that where the Minister has under the last preceding paragraph, made an order directing that this Part of this Schedule shall not apply to a local education authority, then, if the order is subsequently revoked, the provisions of this paragraph shall have effect in relation to that authority as if for the reference to the commencement of Part II of this Act there were substituted a reference to the date of the revocation of the order ".

In paragraph 5, the words " and shall transmit the scheme to the local education authority for submission to the Minister" shall be omitted.

For paragraph 7 there shall be substituted the following paragraph :—

" 7.—

(1) A local education authority shall, before making a scheme of divisional administration, consult the council of every county district in the area of the authority, and the council of a borough or urban district which is an excepted district shall, before making any such scheme, consult the council of every other county district in the area of the local education authority, and for the purpose of complying with this sub-paragraph the authority or council making the scheme shall furnish a statement of their proposals, in the form of a draft scheme, to the councils who are to be consulted :

Provided that if in any particular case the Minister is satisfied that compliance with the requirements of this sub-paragraph is unnecessary, the Minister may give directions dispensing with those requirements in that case.

(2) Where the council of a county district have made a scheme of divisional administration, they shall transmit the scheme to the local education authority for submission to the Minister.

(3) Before any scheme of divisional administration is submitted by a local education authority to the Minister in accordance with the requirements of paragraph 6 of this Part of this Schedule, the

authority or council by whom the scheme was made shall publish such notices with, respect thereto as may be prescribed :

Provided that if, in relation to any particular scheme, the Minister is satisfied that the publication of prescribed notices is unnecessary, he may direct that the prescribed notices shall, in relation to that scheme, be deemed to have been published if in lieu of publishing those notices the authority or council publish such other notices as may be specified in the direction ; and where any such direction is given in relation to any scheme the reference in paragraph 10 of this Part of this Schedule to the prescribed notices shall, in relation to that scheme, be construed as a reference to the notices so specified." At the beginning of paragraph 8 there shall be inserted the words

Subject as hereinafter provided.

For paragraph 9 there shall be substituted the following paragraph :—

" 9.—

(1) If on the application of any local education authority the Minister is satisfied that it is expedient that any functions under this Act relating to further education should be exercised on behalf of the authority either—

(a) by divisional executives constituted under this Part of this Schedule for the purpose of exercising functions in relation to primary or secondary education ; or

(b) by divisional executives specially constituted for the purpose of exercising functions relating to further education ;

the Minister may direct that provision for that purpose may be made by scheme of divisional administration.

(2) If on the application of the council of any borough or urban district which is an excepted district the Minister is, after consultation with the local education authority, satisfied that it is expedient that any functions under this Act relating to further education should be exercised on behalf of the authority by the council acting as a divisional executive, the Minister may direct that provision for that purpose may be made by a scheme of divisional administration.

(3) In relation to any scheme of divisional administration to be made under this paragraph, the Minister may give directions dispensing with any of the requirements of paragraph 8 of this Part of this Schedule if he is satisfied that, in the case of that scheme, compliance with that requirement is unnecessary having regard to the contents of any other scheme of divisional administration which is for the time being in force."

In paragraph 10, for the words " two months from " there shall be substituted the words

one month beginning with

; and after the word " published " there shall be inserted the words

or within such longer period beginning with that date as the Minister may in any particular case determine to be appropriate.

For paragraph 11, there shall be substituted the following paragraph :—

" 11. (1) A local education authority or the council of a borough or urban district which is an excepted district may, with the consent of the Minister, make schemes of divisional administration for varying, revoking or supplementing any scheme of divisional administration previously made by that authority or council, or for replacing any such scheme by a fresh scheme of divisional administration ; and if at any time the Minister is of opinion that an authority or council ought to make a scheme of divisional administration under this paragraph for any purpose, he may direct them to make such a scheme for that purpose.

(2) Where the Minister has, under this paragraph, given his consent to or directions for the making of any scheme, he may, if he thinks fit, direct that the requirements imposed by paragraph 8 of this Part of this Schedule shall be dispensed with, either wholly or in part, in relation to that scheme."

Part II

Section thirteen

In subsection (7), for the words from " required only " to the word " refreshment " there shall be substituted the words

which are to form part of the school premises but are not to be school buildings.

Section fourteen

For the proviso to subsection (1), there shall be substituted—

" Provided that, except by leave of the Minister, no such notice as aforesaid shall be served by the managers or governors of any voluntary school in respect of the premises of which expenditure has been incurred otherwise than in connection with repairs by the Minister or by any local education authority or former authority.

If the Minister grants such leave, he may impose such requirements as he thinks just—

(a) in regard to the repayment of the whole or any part of the amount of the expenditure so incurred by the Minister ;

(b) where the Minister is satisfied that the local education authority will require, for any purpose connected with education, any premises which are for the time being used for the purposes of the school in regard to the conveyance of those premises to the authority ;

(c) in regard to the payment by the local education authority of such part of the value of any premises so conveyed as is just having regard to the extent to which those premises were provided otherwise than at the expense of the authority or a former authority ;

(d) where any premises for the time being used for the purposes of the school are not to be so conveyed, in regard to the payment to the authority by the managers or governors of the school of such part of the value of those premises as is just having regard to the extent to which they were provided at the expense of the authority or a former authority."

Section fifteen

In subsection (3), in paragraph (a) thereof, for the words " for the purposes of establishing or carrying on the school " there shall be substituted the words

in connection with the provision of premises or equipment for the purposes of the school,

and for the words " school premises " where those words secondly occur, there shall be substituted the words

school buildings.

In subsection (3) for paragraph (b) thereof there shall be substituted the following paragraph—

" (b) the managers or governors of the school shall not be responsible for repairs to the interior of the school buildings, or for repairs to those buildings necessary in consequence of the use of the school premises, in pursuance of any direction or requirement of the authority, for purposes other than those of the school."

Subsection (6) shall be omitted.

Section thirty-four

At the end of subsection (4) there shall be inserted the words

unless the parent makes suitable arrangements for the provision of such treatment for the child otherwise than by the authority.

In subsection (6), for the words " cease to provide " there shall be substituted the words

if they are providing

; and after the word " issued," where that word secondly occurs, there shall be inserted the words

shall cease to provide such treatment for the child.

Section one hundred and two.

After the word " alterations," where that word first occurs, there shall be inserted the words

and repairs; and the words " and repairs to the school premises " shall be omitted.

Section one hundred and six.

In subsection (1), the words " in any school maintained by the authority" shall be omitted.

In subsection (5), for the words " education provided" there shall be substituted the words

functions performed

; and for the words " the education is provided" there shall be substituted the words

the functions are performed. After subsection (5) there shall be inserted the following subsection :—

" (6) In determining for the purposes of this section the cost to a local education authority of providing for the education of any child or young person, account shall be taken of any expenses reasonably incurred by the authority in providing for the child or young person any benefits or services for which provision is made by or under the enactments relating to education ".

Section one hundred and fourteen.

In subsection (1), in the definition of " alterations ", for the words " or enlargements " there shall be substituted the words

enlargements or additions.

Part III of the First Schedule.

For the proviso to paragraph 2, there shall be substituted the following proviso :—

" Provided that the Minister may by order direct that this Part of this Schedule shall not apply to any local education authority specified in the order ; but where any such order is made the provisions of this Schedule relating to excepted districts snail have effect in relation to any borough or urban district within the area of the authority to which the order relates as if the authority were an authority required by this Part of this Schedule to make schemes of divisional administration."

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