Legislation

Education (London) Act 1903

This Act extended to London the provisions of the 1902 Education Act, which had established local education authorities (LEAs) to replace the school boards.

I have corrected the spelling of provisos in paragraph 4 of Schedule 1.

The printed version of this Act does not have a preliminary page setting out the contents, so I have created it here. The page number in this section (i) is therefore arbitrary.

The text of the Education (London) Act 1903 was prepared by Derek Gillard and uploaded on 31 October 2019.


Education (London) Act 1903

© Crown copyright material is reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland.


[page i]

Education (London) Act 1903

CHAPTER 24


ARRANGEMENT OF SECTIONS


1 Application of Education Act 1902 to London
2 Provisions as to management and sites of provided schools
3 Boundary schools
4 Modification of principal Act and interpretation
5 Commencement, repeal, and short title

Schedule 1 - Modifications of the principal Act
Schedule 2 - Enactments repealed




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EDWARD VII

Education (London) Act 1903

1903 CHAPTER 24

An Act to extend and adapt the Education Act 1902, to London. [14th August 1903.]

BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1 Application of Education Act 1902 to London

The Education Act 1902 (in this Act referred to as the principal Act), shall so far as applicable, and subject to the provisions of this Act, apply to London.

2 Provisions as to management and sites of provided schools

(1) Every public elementary school provided by the local education authority within the area of any metropolitan borough shall have a body of managers. The number of those managers and the manner in which schools, in cases where it is desirable, should be grouped under one body of managers shall be determined by the council of each borough, after consultation with the local education authority, and subject to the approval of the Board of Education.

Two-thirds of every such body shall be appointed by the borough council and one-third by the local education authority; but due regard shall be had in selecting managers to the inclusion of women in the proportion of not less than one-third of the whole body of managers, and, in the case of the first body of managers, also of members chosen from the then existing bodies of managers, and the borough council and the local education authority shall carry out any directions given by the Board of Education for the purpose of giving effect to this provision.

(2) The site of any new public elementary school to be provided by the local education authority shall not be determined upon until after consultation with the council of the metropolitan borough in which the proposed site is situated, and in the case of compulsory purchase, if the council of the metropolitan borough does not concur in the proposed compulsory acquisition, the Board of Education shall not make the order authorising the purchase unless they are satisfied that the concurrence of the council of the borough should be dispensed with: Provided that, except in the case of compulsory acquisition, the site required for the enlargement of a public elementary school shall not be deemed to be a site required for a new public elementary school within the meaning of this subsection.

(3) Schools provided by the local education authority for blind, deaf, epileptic and defective children, and any other schools, which, in the opinion of the Board of Education, are not of a local character, shall not be treated for the purposes of this section as public elementary schools.

3 Boundary schools

(1) As from the passing of this Act, any public elementary school provided by the London School Board before the passing of this Act, which is wholly or partly situated outside the county of London, shall, for the purposes of this Act, be treated as, and


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for the purposes of the principal Act be deemed to have been, wholly situated within the county of London and within the nearest metropolitan borough.

(2) Any public elementary school provided by the local education authority which is situated partly in one metropolitan borough and partly in another shall, for the purposes of this Act, be deemed to be situated in such one of these boroughs as the local education authority determine.

4 Modification of principal Act and interpretation

(1) The modifications of the principal Act set out in the First Schedule to this Act shall have effect for the purposes of this Act.

(2) The expression "metropolitan borough" in this Act shall include the City, and the expression "council of a metropolitan borough" shall include the mayor, aldermen and commons of the city of London in common council assembled.

5 Commencement, repeal, and short title

(1) This Act shall, except as expressly provided, come into operation on the appointed day, and the appointed day shall be the first day of May nineteen hundred and four, or such other day, not being more than twelve months later, as the Board of Education may appoint, and different days may be appointed for different purposes and for different provisions of this Act.

(2) In addition to the repeals effected by the principal Act, the Acts mentioned in the Second Schedule to this Act shall be repealed to the extent specified in the third column of that Schedule.

(3) This Act may be cited as the Education (London) Act 1903; and the Education Acts 1870 to 1902, and this Act may be cited as the Education Acts 1870 to 1903.

SCHEDULES


FIRST SCHEDULE

Section 4

MODIFICATIONS OF THE PRlNCIPAL ACT

1. References in the principal Act to the council of a borough shall not be construed as references to the council of a metropolitan borough, except -

(a) in paragraph (a) of section twenty (relating to arrangements between councils) and in subsection two of section twenty-four (relating to interpretation); and

(b) as respects the borough of Woolwich, so far as is necessary to enable the council of that borough to make any contribution which they are authorised to make under section nineteen of the London Government Act 1899.

2. The provisions of section two of the principal Act, as to limit of rate, shall not apply.

3. Subsection one of section six of the principal Act (relating to the management of schools), and so much of section twelve of that Act, (relating to the grouping of schools under one management) as relates to public elementary schools provided by the local education authority, shall not apply.

4. The provisos to subsection one of section eighteen of the principal Act (relating to expenses), and subsection two of section thirteen of that Act (relating to endowments), shall not apply, but the Board of Education


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may, on the application of the trustees of the endowment, or of the local education authority, direct that any money which would be payable under the said section thirteen to the county council shall be applied in manner provided by a scheme made by the Board, if the Board consider that it is expedient to make such a scheme. In any such scheme due regard shall primarily be had to the interests of the locality for which the benefits of the endowment were intended.

5. The words "a county council" in section nineteen of the principal Act (which relates to borrowing) shall, as respects borrowing by the local education authority, be construed as if they were "the London County Council."

6. Section twenty-seven of the principal Act (relating to extent, commencement and short title) shall not apply except so far as subsection three of that section is already applicable to London, and the words "the appointed day" shall be substituted for "the twenty-sixth day of March nineteen hundred and four" in that subsection.

7. Where the London County Council delegate to their education committee any powers, and the acts and proceedings of the committee as respects the exercise of those powers are not required to be submitted to the council for their approval, subsection one of section two hundred and thirty-three of the Municipal Corporations Act 1882 (which provides for the inspection and the taking of copies of minutes), shall apply to the minutes of the committee relating to the exercise of those powers as it applies to the minutes of the council.

8. The Treasury shall be substituted for the Local Government Board in paragraph six of the Second Schedule to the principal Act.

9. Where governors or managers are appointed by the local education authority on the governing body of any institution aided by grant from the local education authority, the provisions of the scheme or trust deed of the institution imposing any limit on the number of the members of the governing body, or requiring any qualification for those members, shall not apply as respects such governors or managers.

10. References in the principal Act to the passing of that Act shall be construed as references to the passing of this Act.

11. A manager of a public elementary school provided by the local education authority shall not be appointed for a longer period than three years, but may be re-appointed.

SECOND SCHEDULE

Section 5(2)

ENACTMENTS REPEALED

Session and Chapter.Short Title.Extent of Repeal.
33 & 34 Vict. c. 75.The Elementary Education Act 1870.The definition of "metropolis" in section three.
Sections thirty-seven, thirty-eight and thirty-nine.
Section fifty-eight.
The Third Part of the Second Schedule, and the Fifth Schedule.
36 & 37 Vict. c. 86.The Elementary Education Act 1873.Section sixteen.
48 & 49 Vict. c. 38.The School Boards Act 1885.Section two.