Supplemental Provisions
11 Duration of powers of joint education committee, and suspension of powers of Charity Commissioners
The powers conferred by this Act on a joint education committee shall not, unless Parliament otherwise directs, be exercised by the committee after the expiration of three years from the date of the commencement of this Act, and, during the continuance of the powers of the committee under this Act, all powers which otherwise might have been exercised by the Charity Commissioners of making, establishing, or submitting (independently of any scheme submitted by the joint education committee) a scheme for the administration of any educational endowments within the county of such committee, shall, except with the consent of the Education Department, be suspended, and not be exercised by them in relation to such endowments. Nothing in this Act shall prevent any proceedings under the Endowed Schools Acts in relation to any scheme of which a draft has been prepared, published, and circulated before the commencement of this Act, in pursuance of sections thirty-two and thirty-three of the Endowed Schools Act 1869, and such scheme may be proceeded with, submitted for approval, and come into operation as if this Act had not passed.
12 Description of endowments applicable to purpose of Act
(1) An educational endowment within the county of a joint education committee means any educational endowment which is applied in the county or is appropriated for the benefit of the natives or inhabitants of the county, or of some of such natives or inhabitants, or their children, or where the benefits of such endowment are divisible between two counties or between the counties in Wales and the county of Monmouth, or any of them, and any place outside of Wales and the county of Monmouth, then means so much of the endowment as the Charity Commissioners may determine to be applicable for the benefit of the county of the joint education committee.
(2) Any school or endowment of a school to which section seventy-five of the Elementary Education Act 1870 (33 & 34 Vict. c. 75), applies, and any endowed school to which section three of the Endowed Schools Act 1873 (36 & 37 Vict. c. 87), applies, shall, if the school is in the county of a joint education committee under this Act, be for the purposes of the Endowed Schools Acts and this Act an educational endowment and endowed school within the county of such committee.
13 Construction of Act in relation to endowments applicable to purposes thereof
For the purposes of any scheme under this Act every notice relating to the scheme shall be sent to the joint education committee concerned therein in like manner as if they were a governing body, and such committee shall, during the duration of their powers under this Act, have the same power of applying to the Charity Commissioners with respect to any educational endowment within their county as if they were the governing body of that endowment. Nothing in this Act shall authorise the making of any scheme interfering with-
(1) Any endowment given either by present gift made subsequently to the passing of the Endowed Schools Act 1869, or by the will of a testator who died subsequently to the
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passing of the said Act, unless the founder or governing body of such endowment assents to the scheme.
In the case of an endowment or part of an endowment given either by present gift made subsequently to the passing of the Endowed Schools Act 1869, or by the will of a testator who died subsequently to the passing of the said Act, sections twenty-five and twenty-six of the said Act shall for the purposes of a scheme under this Act, and subject to the provisions of this Act, apply in like manner as if the same and any older endowment or part of an endowment were respectively in the said sections substituted for an endowment or part of an endowment originally given to charitable uses less or more than fifty years before the commencement of the said Act.
14 Exemption of schemes from certain provisions of Endowed Schools Acts
Nothing in the Endowed Schools Acts which is inconsistent with any of the provisions of this Act shall apply in the case of any scheme under this Act, but subject to this enactment the powers conferred by this Act shall be in addition to, and not in derogation of, the powers under the said Act.
15 Report by Charity Commissioners
The Charity Commissioners shall in every year cause to be laid before both Houses of Parliament a report of the proceedings under this Act during the preceding year.
16 Application of Act to counties and county boroughs
(1) In this Act the expression "county" means an administrative county as defined in the Local Government Act 1888 (51 & 52 Vict. c. 41), and includes a county borough within the meaning of that Act; and the expression "county council" includes the council of a county borough.
(2) Any sums payable by the council of a county borough in pursuance of this Act shall be paid out of the borough fund or borough rate.
17 General definitions
In this Act unless there is something in the context inconsistent therewith -
The expression "intermediate education" means a course of education which does not consist chiefly of elementary instruction in reading, writing, and arithmetic, but which includes instruction in Latin, Greek, the Welsh and English language and literature, modern languages, mathematics, natural and applied science, or in some of such studies, and generally in the higher branches of knowledge, but nothing in this Act shall prevent the establishment of scholarships in higher or other elementary schools;
The expression "technical education" includes instruction in -
(i) Any of the branches of science and art with respect to which grants are for the time being made by the Department of Science and Art;
(ii) The use of tools, and modelling in clay, wood, or other material;
(iii) Commercial arithmetic, commercial geography, book-keeping, and shorthand;
(iv) Any other subject applicable to the purposes of agriculture, industries, trade, or commercial life and practice, which may be specified in a scheme, or proposals for a scheme, of a joint education committee as a form of instruction suited to the needs of the district;
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but it shall not include teaching the practice of any trade, or industry, or employment.
The expression "Endowed Schools Acts" means the Endowed Schools Acts 1869 (32 & 33 Vict. c. 56), 1873 (36 & 37 Vict. c. 87), and 1874 (37 & 38 Vict. c. 87);
The expression "Education Department" means the Lords of the Committee of Her Majesty's Privy Council on Education;
The expression "Charity Commissioners" means the Charity Commissioners for England and Wales;
The expression "scholarship" includes exhibition or other educational emolument;
The expression "parent" includes guardian and every person who is liable to maintain or has the actual custody of a child;
The expression "scheme under this Act" means a scheme under the Endowed Schools Act as amended by this Act.