Education (Amendment) Act (Northern Ireland) 1951 This Act of the Northern Ireland Parliament (not the UK Parliament in Westminster) made miscellaneous amendments to the 1947 Education Act (Northern Ireland).
The text of the Education (Amendment) Act (Northern Ireland) 1951 was prepared by Derek Gillard and uploaded on 8 December 2014. |
Education (Amendment) Act (Northern Ireland) 1951 © Crown copyright material is reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland. [page i] Section 1 Delegation of powers of local education authorities
Schedule - Enactments Repealed
[page 1] An Act to make provision with respect to the powers of the Ministry of Education to make grants towards certain National Insurance contributions; to amend sections two, five, fifty-one, fifty-three, sixty-eight, eighty-one, ninety-five, one hundred and six and one hundred and nine of, and the Sixth Schedule to, the Education Act (Northern Ireland) 1947; to provide for the transfer of certain schools and institutions; to repeal certain enactments relating to education; and for purposes connected with the matters aforesaid. [29th March, 1951.] BE it enacted by the King's most Excellent Majesty, and the Senate and the House of Commons of Northern Ireland in this present Parliament assembled, and by the authority of the same, as follows:- 1 Delegation of powers of local education authorities For sub-section (2) of section two of the principal Act there shall be substituted the following sub-section:- "(2) The powers and duties of a local education authority under this Act or any other enactment for the time being in force, except as respects -(a) the raising of money by rate or loan; [page 2] 2 Powers of local education authorities in respect of provision of practical instruction and training(b) the general control of expenditure to such extent as may be retained by the authority themselves; andshall, subject to the provisions of this Act, be exercised and performed through an education committee constituted in accordance with a scheme framed by the authority and approved by the Ministry." The following sub-section shall be added to section five of the principal Act:- (3) For the removal of doubt it is hereby declared that, in fulfilling their duties under this section, a local education authority have and always have had power to provide, by means of central or special classes or otherwise, for the giving, to pupils attending any primary or intermediate school, of practical instruction and training appropriate to the needs of those pupils."3 Provision for travelling expenses For sub-section (2) of section fifty-one of the principal Act there shall be substituted the following sub-section:- (2) Any such scheme a aforesaid may provide for the payment by a local education authority of the whole or any part, as the authority may think fit, of the reasonable travelling expenses of any pupil who is in attendance at -(a) any other grant-aided school or institution;in any case where the authority consider it necessary [page 3] to do so for the purpose of facilitating the attendance of the pupil at that school, institution, course or class."4 Notifications as to ineducable children In sub-section (3) of section fifty-three of the principal Act (which, as substituted therein by the Act of 1950, makes certain provision as to ineducable children) after the words "shall be accompanied by such records and other information relating to the child" there shall be inserted the words "and shall be notified to such bodies." 5 Statutory disqualifications In sub-section (5) of section sixty-eight of the principal Act after the words "the Education (Scotland) Act 1945," there shall be inserted the words "or any other enactment having for the time being the like effect in England or Scotland respectively." 6 Amendment of s. 81 of principal Act (1) After sub-section (2) of section eighty-one of the principal Act (which imposes duties upon local education authorities in relation to certain voluntary schools) there shall be added the following sub-sections:- "(2A) Where a school committee has been appointed pursuant to a scheme framed under this section for any school the powers of nomination exercisable on the first appointment thereof by the managers or trustees shall, on any re-appointment thereof or on the filling of any casual vacancy occurring in the members thereof nominated by the managers or trustees, be exercisable by such persons and in such manner as may be specified in the scheme or in any amendment thereof agreed upon with the committee. [page 4] Provided that where the local education authority and such persons so agree the period of the notice may be less than two years.(2) The following proviso shall be added to subsection (3) of the said section eighty-one:- "Provided that, where any such voluntary school is vested in the Ministry and the internal maintenance thereof is carried out by the Ministry of Finance, it shall be the duty of the local education authority to make to that Ministry on demand a contribution equal to sixty-five per cent. of the expenditure incurred by that Ministry on such internal maintenance."7 Disposal of lands In section ninety-five of the principal Act (which relates to the acquisition of and dealing with land by local education authorities) - (a) in paragraph (c) of sub-section (3), for the words "acquired by them under this Act" there shall be substituted the words "held by them in their capacity as a local education authority";8 Amendment as to grants in respect of certain National Insurance contributions (1) During the period from the thirty-first day of March, nineteen hundred and fifty-one, to the thirtieth day of September, nineteen hundred and fifty-one, sections one and two of the Education (Miscellaneous Provisions) Act (Northern Ireland) 1950 (c. 1), shall have effect as if references to the latter date were substituted therein for the references to the former date. [page 5] (2) After the said thirtieth day of September, nineteen hundred and fifty-one, the said sections shall have effect with the modifications specified in subsections (3) to (6) of this section. (3) In sub-section (1) of the said section one the words "Subject to the provisions of this sub-section," the words "after the relevant date," the words "(a) employers' contributions under the National Insurance Acts (Northern Ireland), 1946; (b)" and the words from "and regulations" to the end of the sub-section shall be omitted. (4) For sub-section (2) of the said section one there shall be substituted the following sub-sections:- "(2) The power of the Ministry to make grants in accordance with regulations made under the said section one hundred and four shall also include power to make to local education authorities and to school committees appointed for voluntary primary and voluntary intermediate schools in accordance with a scheme framed under section eighty-one of the principal Act grants equal to the amount of the expenditure incurred or to be incurred by them or on their behalf in the payment of employers' contributions under the National Insurance Acts (Northern Ireland), 1946, in respect of such teachers employed by them as may be prescribed by the regulations. [page 6] (5) In sub-section (2) of the said section two the words "paragraph (b) of" shall be omitted.(c) the managers of a nursery school or a special school not under the control of a local education authority;grants equal to sixty-five per cent. of the expenditure incurred or to be incurred by them or on their behalf in the payment of employers' contributions under the National Insurance Acts (Northern Ireland), 1946, in respect of such teachers employed by them as may be prescribed by the regulations." (6) For sub-section (3) of the said section two there shall be substituted the following sub-section:- (3) There shall be included among the items of expenditure which are the specified items for the purposes of sections one hundred and four and one hundred and five of the principal Act - [page 7] and in respect of which grants are payable in accordance with regulations made under section one hundred and four of the principal Act; [page 8] 9 Time for adjustments of contribution under s. 105 of principal Actregulations made under section one hundred and four of this Act as amended or extended by any subsequent enactment.'" (1) For paragraph 3 of Part II of the Sixth Schedule to the principal Act (which provides for calculating the contributions payable by the council of each county and county borough under section one hundred and five of that Act) there shall be substituted the following paragraph:- "3.-(1) If the actual expenditure for any financial year exceeds or falls short of the estimated expenditure for that year the aggregate contribution for that year shall be re-calculated on the basis of the actual expenditure, and any over-payment or under-payment made by the council of any county or county borough shall respectively be deducted from or added to the amount of the contribution to be recovered from that council in the next appropriate financial year.(2) For paragraph 4 of Part II of the said Sixth Schedule there shall be substituted the following paragraph:- "4. The proportion of the aggregate contribution payable by the council of each county and county borough shall be ascertained by adding together -(a) an amount equal to one-sixtieth of the rateable value of that county or county borough; and [page 9] same proportion as the excess of the aggregate contribution over one-sixtieth of the aggregate rateable values of every county and county borough in Northern Ireland bears to the aggregate of the net annual values of every such county and county borough." (3) At the end of paragraph 6 of Part II of the said Sixth Schedule there shall be added the following words:- "and for the purposes of calculating the proportion of contribution payable by the council of any county or county borough for any year the net annual value of that county or county borough for that year shall be taken as the aggregate net annual value, as shown in the valuation lists published for the financial year then last preceding, of all hereditaments in the area of that county or county borough."10 Conditions of grants for certain voluntary schools In section one hundred and six of the principal Act (which amongst other things relates to the conditions governing the payment of grants for certain voluntary schools), for the proviso to sub-section (1) there shall be substituted the following proviso:- "Provided that where a voluntary school is-(i) vested in the Ministry or in trustees by virtue of a deed to which the Commissioners of National Education in Ireland, or the Ministry, were a party and which was executed before the date of the commencement of this Part of this Act; or [page 10] (Ireland) Act 1885 (48 & 49 Vict. c. 78), in accordance with the provisions of a scheme under that Act;the school shall continue to be vested in the Ministry, or such trustees or governing body, as the case may be and paragraph (a) of this sub-section shall not apply to it." 11 Amendment of s. 109 of principal Act In sub-section (3) of section one hundred and nine of the Education Act (Northern Ireland) 1947 (which empowers the Ministry to postpone the raising of the school-leaving age) for the words "the first day of April, nineteen and fifty-one" there shall be substituted the words "the first day of April, nineteen hundred and fifty-three." 12 Provisions for transfer of certain schools and institutions (1) Any person or persons managing a school or institution to which the Literary and Scientific Institutions Act 1854 (17 & 18 Vict. c. 122), applies may, whether or not the legal interest in the site and buildings of the school or institution is vested in such person or persons, make an arrangement pursuant to the First Schedule to the principal Act (as that Schedule is modified for the purposes of this section) for the transfer of such school or institution to a local education authority or to a local authority, as the Ministry and the Ministry of Health and Local Government may jointly determine, and such authority shall have power to assent to and give effect to any such arrangement. (2) For the purposes of this section the First Schedule to the principal Act shall have effect as if references to "a local education authority" included references to a local authority, and references to "a school" included references to a school or institution to which the Literary and Scientific Institutions Act 1854, applies. 13 Expenses Any increase attributable to the provisions of this Act in the expenses to be defrayed out of moneys provided by Parliament under section one hundred and eight of the principal Act shall be defrayed out of moneys so provided. 14 Interpretation (1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them, that is to say:- "the Ministry" has the meaning assigned to that expression by section one of this Act; [page 11] "the principal Act" means the Education Act (Northern Ireland) 1947.(2) Any reference in this Act to any provision of any other Act shall, unless the context otherwise requires, be construed as a reference to that provision as amended or extended any other enactment, including this Act. 15 Repeals The enactments set out in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule. 16 Short title, construction and citation (1) This Act may be cited as the Education (Amendment) Act (Northern Ireland) 1951. (2) This Act shall be construed as one with the Education Acts (Northern Ireland) 1947 to 1950, and those Acts and this Act may be cited together as the Education Acts (Northern Ireland) 1947 to 1951. [page 12]
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