Education (Miscellaneous Provisions) Act 1948 (repealed 1.11.1996)

5 Amendment and consolidation of enactments as to provision of clothing. E+W

(1) A local education authority may provide clothing—

(a) for any pupil who is a boarder at any educational institution maintained by the authority [F1 or 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 [F1 or at a grant-maintained school],

[F2 and they may also provide clothing for a pupil for whom they are providing board and lodging elsewhere than at an educational institution so maintained, being a pupil [F3 for whom special educational provision is made in pursuance of arrangements made by them]].

(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 [F4 or 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.

(3) [F5 A local education authority may provide]—

(a) for pupils at a school maintained by them [F6 or a grant-maintained school], or at [F7 an institution maintained by them which provides higher education or further education (or both)], 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,

such articles of clothing [F8 as may be determined by the authority] suitable for the physical training provided at the school, [F9 or institution], or under the facilities so made available.

(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 [F10 or 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.

[F11 (6A) 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.

Textual Amendments

F1 Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 100(4)(a), 231(7), 235(6)

F2 Words added by Education (Miscellaneous Provisions) Act 1953 (c. 33), Sch. 1

F3 Words substituted by Education Act 1981 (c. 60, SIF 41:1), s.21, Sch. 3 para. 7

F4 Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 100(4)(b), 231(7), 235(6)

F5 Words substituted by Education Act 1980 (c. 20, SIF 41:1), s. 29(1)

F6 Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 100(4)(b), 231(7), 235(6)

F7 Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 61(a)

F8 Words substituted by Education Act 1980 (c. 20, SIF 41:1), s. 29(1)

F9 Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 61(b)

F10 Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 100(4)(b), 231(7), 235(6)

F11 S. 5(6A) inserted by Education Act 1980 (c. 20, SIF 41:1), s. 29(2)