GENERAL
48 Definitions
(1) In this Act, unless the context otherwise requires, -
The expression "child" means any child up to the age when his parents cease to be under an obligation to cause him to receive efficient elementary instruction or to attend school under the enactments relating to elementary education and the byelaws made thereunder;
The expression "young person" means a person under eighteen years of age who is no longer a child;
The expression "parent" in relation to a young person includes guardian and every person who is liable to maintain or has the actual custody of the young person;
The expression "practical instruction" means instruction in cookery, laundrywork, housewifery, dairywork, handicrafts, and gardening, and such other subjects as the Board declare to be subjects of practical instruction;
The expression "school term" means the term as fixed by the local education authority;
The expression "sea service" has the same meaning as in the Merchant Shipping Acts 1894 to 1916, and includes sea-fishing service;
Other expressions have the same meaning as in the Education Acts.
(2) In the Education Acts the expressions "employ" and "employment" used in reference to a child or young person include employment in any labour exercised by way of trade or for the purposes of gain, whether the gain be to the child or young person or to any other person.
49 Compensation to existing officers
Section one hundred and twenty of the Local Government Act 1888 (51 & 52 Vict. c. 41), which relates to compensation to existing officers, shall apply to officers serving under local education authorities at the passing of this Act who, by virtue of this Act or anything done in pursuance or in consequence of this Act, suffer direct pecuniary loss by abolition of office or by diminution or loss of fees or salary, subject as follows:-
(a) Teachers in public elementary schools maintained by a local education authority shall be deemed to be officers serving under that authority;
(b) References to a county council shall include references to a borough or urban district council;
(c) The reference to "the passing of this Act" shall be construed as a reference to the date when the loss arose;
(d) The reference to the Acts and rules relating to His Majesty's civil service shall be construed as a reference to the Acts and rules which were in operation at the date of the passing of the Local Government Act 1888; and
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(e) Any expenses shall be paid by the council under whom the officer was serving at the date when the loss arose out of the fund or rate out of which the expenses of the council under the Education Acts are paid, and, if any compensation is payable otherwise than by way of an annual sum, the payment of that compensation shall be a purpose for which a council may borrow for the purposes of those Acts.
50 Extension of certain provisions of the Education Acts
The provisions of the Education Acts mentioned in the first column of the First Schedule to this Act shall apply with respect to young persons, continuation schools, and the Education Acts and instruments made thereunder in like manner as they apply with respect to children, elementary schools, and the enactments mentioned in those provisions and instruments made under those enactments, and accordingly those provisions shall have effect as set out and modified in the second column of that schedule.
51 Repeals
The enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that schedule.
52 Short title, construction, extent, and commencement
(1) This Act may be cited as the Education Act 1918, and shall be read as one with the Education Acts 1870 to 1916, and those Acts and this Act may be cited together as the Education Acts 1870 to 1918, and are in this Act referred to as "the Education Acts."
(2) This Act shall not extend to Scotland or Ireland.
(3) This Act shall come into operation on the appointed day, and the appointed day shall be such day as the Board of Education may appoint, and different days may be appointed for different purposes and for different provisions of this Act, for different areas or parts of areas, and for different persons or classes of persons:
Provided that the appointed day for the purposes of subsections (1) and (2) of section eight shall not be earlier than the termination of the present war, and for the purposes of paragraph (iii) of subsection (2) of section thirteen shall not be earlier than three years after the passing of this Act, and that for a period of seven years from the appointed day the duty of the council of a county (other than the London County Council) shall not include a duty to establish certified schools for boarding and lodging physically defective and epileptic children.
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SCHEDULES
FIRST SCHEDULE
Section 50
EXTENSION OF ENACTMENTS
Enactment extended. | Enactment as extended. |
Elementary Education Act 1870. | |
s. 36 | Every local education authority may, if they think fit, appoint an officer or officers to enforce the Education Acts and any byelaws, orders, or other instruments made thereunder with reference to the attendance of children or young persons at school. |
s. 81 | Certificates, notices, requisitions, orders, precepts, and all documents required by the Education Acts or any regulations or byelaws made thereunder to be served or sent may, unless otherwise expressly provided, be served and sent by post, and, till the contrary is proved, shall be deemed to have been served and received respectively at the time when the letter containing the same would be delivered in the ordinary course of post; and in proving such service or sending it shall be sufficient to prove that the letter containing the certificate, notice, requisition, order, precept, or document was prepaid, and properly addressed, and put into the post. |
s. 84 | After the expiration of three months from the date of any order or requisition of the Board of Education under the Education Acts such order or requisition shall be presumed to have been duly made, and to be within the powers of the Education Acts, and no objection to the legality thereof shall be entertained in any legal proceeding whatever. |
Elementary Education Act 1873. | |
| With respect to proceedings before a court of summary jurisdiction for offences and penalties under the Education Acts or any byelaws made thereunder the following provisions shall have effect:-
* * * *
(4) Any justice may require by summons any parent or employer of a child or young person, required by the Education Acts or by |
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Enactment extended. | Enactment as extended. |
Elementary Education Act 1873 - cont. | |
s. 24 - cont. | any byelaws, orders, or other instruments made thereunder to attend school, to produce the child or young person before a court of summary jurisdiction, and any person failing, without reasonable excuse to the satisfaction of the court, to comply with such summons shall be liable to a penalty not exceeding twenty shillings.
(5) A certificate purporting to be under the hand of the principal teacher of a public elementary or continuation school, stating that a child or young person is or is not attending such school, or stating the particulars of the attendance of a child or young person at such school, shall be evidence of the facts stated in such certificate.
(6) Where a child or young person is apparently of the age alleged for the purposes of the proceedings, it shall lie on the defendant to prove that the child or young person is not of such age.
* * * *
(8) Where a local education authority are by reason of the default of the managers or proprietor of an elementary or continuation school, unable to ascertain whether a child or young person who is resident within the district of such local education authority and attends such school attends school in conformity with the Education Acts or any byelaws, orders, or other instruments made thereunder, it shall lie on the defendant to show that the child or young person has attended school in conformity with the said Acts, byelaws, orders, or other instruments. |
Elementary Education Act 1876. | |
s. 38 | No legal proceedings for non-attendance or irregular attendance at school shall be commenced in a court of summary jurisdiction by any person appointed to carry out the Education Acts or any byelaws made thereunder, except by the direction of not less than two members of the education committee of a local education authority, or of any sub-committee appointed by that committee for school attendance purposes. |
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SECOND SCHEDULE
Section 51
ENACTMENTS REPEALED
Session and Chapter | Short Title | Extent of Repeal |
33 & 34 Vict. c. 75. | The Elementary Education Act 1870. | Section seventeen. In section twenty from the beginning of subsection (2) to the end of subsection (8). Section fifty-two. Sections sixty-seven to seventy-two. Section seventy-three. In section seventy-four the words "(3) Providing for the remission or payment of the whole or any part of the fees of any child where the parent satisfies the school board that he is unable from poverty to pay the same"; and the words from "Provided that any byelaw" down to the words "specified in such byelaw." Section ninety-four. Section ninety-seven from "Provided that no such minute" to the end of the section. |
35 & 36 Vict. c. 27. | The Elementary Education Act Amendment Act 1872. | The whole Act. |
36 & 37 Vict. c. 86. | The Elementary Education Act 1873. | Section fifteen. Section nineteen. Subsections (3) and (7) of section twenty-four, and in subsection (5) the words "or stating that a child has been certified by one of Her Majesty's Inspectors to have reached a particular standard of education." |
39 & 40 Vict. c. 79. | The Elementary Education Act 1876. | Section five. Section six. Section seven from "Provided that" to the words "by information and otherwise." Section nine. Section ten. |
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Session and Chapter | Short Title | Extent of Repeal |
39 & 40 Vict. c. 79 cont. | The Elementary Education Act 1876 cont. | In section eleven the words "who is under this Act prohibited from being taken into full time employment." Section nineteen. In section twenty-four, from the beginning of the section down to "the parent of such child"; and the words "and the persons by whom and the form in which certificates of the said proficiency and due attendance are to be granted, and with respect to other matters relating thereto"; and the words "and other records of such proficiency and attendance." Section twenty-eight. Section twenty-nine. Section thirty-five. In section thirty-seven the words from "And every person who shall fraudulently" down to "not exceeding fourteen days." Section thirty-nine. Section forty. Section forty-five. Section forty-six. Section forty-seven. Section fifty. The First Schedule. |
43 & 44 Vict. c. 23. | The Elementary Education Act 1880. | Section four. Section five. |
53 & 54 Vict. c. 22. | The Education Code (1890) Act 1890. | The whole Act. |
54 & 55 Vict. c. 56. | The Elementary Education Act 1891. | The whole Act. |
55 & 56 Vict. c. 29. | The Technical and Industrial Institutions Act 1892. | In section ten the words "but every such conveyance or assurance shall be enrolled as soon as may be in the books of the Charity Commissioners." |
56 & 57 Vict. c. 51. | The Elementary Education (School Attendance) Act 1893. | The whole Act. |
60 & 61 Vict. c. 32. | The School Board Conference Act 1897. | The whole Act. |
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Session and Chapter | Short Title | Extent of Repeal |
62 & 63 Vict. c. 13. | The Elementary Education (School Attendance) Act (1893) Amendment Act 1899. | The whole Act. |
63 & 64 Vict c. 53. | The Elementary Education Act 1900. | Section one. In section six the words "and in section four of the Elementary Education Act 1880." Section seven. |
1 Edw. 7. c. 11. | The Education Act 1901. | The whole Act. |
1 Edw. 7. c. 22. | The Factory and Workshop Act 1901. | Sections sixty-eight to seventy-two except as respects children lawfully employed in factories and workshops at the commencement of this Act and except as respects Scotland and Ireland. |
2 Edw. 7. c. 19. | The Education Act (1901) (Renewal) Act 1902. | The whole Act. |
2 Edw. 7. c. 42. | The Education Act 1902. | In subsection (1) of section two from "Provided that the amount" to the end or the subsection. Subsection (5) of section seven from "and in any case" to the end of the subsection. Section ten. Section fourteen. Subsection (7) of section seventeen. Subsection (1) of section twenty-one. In subsection (2) thereof the words "or provisional order," in subsection (3) thereof the words "or any provisional order made for the purposes of such a scheme." Subsections (5) and (10) of section twenty-three. In the Third Schedule, paragraph (1), from "except as respects" to the end of the paragraph, and paragraph (5). |
3 Edw. 7. c. 10. | The Education (Provision of Working Balances) Act 1903. | The whole Act. |
3 Edw. 7. c. 24. | The Education (London) Act 1903. | In the First Schedule, paragraphs (2) and (7). |
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Session and Chapter | Short Title | Extent of Repeal |
7 Edw. 7. c. 43. | The Education (Administrative Provisions) Act 1907. | Section four, without prejudice to the legality of anything retrospectively legalised thereby. In subsection (1) of section fourteen the words "or a ground of exemption for the purposes of section nine of the latter Act." |
9 Edw. 7. c. 29. | The Education (Administrative Provisions) Act 1909. | Section three, without prejudice to the legality of anything retrospectively legalised thereby. |
5 & 6 Geo. 5. c. 95. | The Education (Small Population Grants) Act 1915. | The whole Act. |
6 & 7 Geo. 5. c. 35. | The Elementary Education (Fee Grant) Act 1916. | The whole Act. |