(2) In determining the number of representatives to be appointed by each of those authorities, regard shall be had, among other matters, to population and rateable value: Provided, That the council of each county and of each county borough shall appoint at least two representatives, and that provision shall be made by the order in council, so far as is practicable, for the representation of minorities in the number of representatives appointed by the council of each county and each county borough, and on any executive committee appointed by the council, in the proportion so far as possible of at least one in three. (3) The Council of Wales shall have power to supply and to aid the supply of education of all kinds in Wales. (4) The following powers and duties, so far as they relate to Wales, shall, subject to the provisions of this section and to such exceptions as His Majesty may make by order in council, be transferred to the council of Wales: (a) The powers and duties of the board of education; and (b) The powers and duties of the board of agriculture with respect to instruction connected with agriculture and forestry; and (c) The powers and duties of the central Welsh board for intermediate education: Provided, That the following powers and duties shall be reserved to the board of education: (a) Any appeal to the board of education, and the determination of any question under this act, except where the contrary is specially provided in this act; (b) The power of determining whether any transferred voluntary school shall be discontinued or not; (c) The regulation and control of State-aided schools; and (d) All powers and duties of the board of education under the charitable trusts acts, one thousand eight hundred and eighty-three to one thousand eight hundred and ninetyfour, and the endowed schools acts, one thousand eight hundred and sixty-nine to one thousand eight hundred and eighty-nine. In the exercise of any powers or in the performance of any duties transferred under this provision the Council of Wales shall be subject to the control of the treasury. (5) Any money which may be placed at the disposal of the Council of Wales by Parliament for the purpose of education in Wales, on estimates submitted to Parliament for the purpose by the treasury, shall be administered by that council, subject to the control of the treasury. (6) The order in council may make provision for the Council of Wales having power to raise any money required by them by means of contributions from the authorities who appoint members of that council, and for the borrowing of money and acquisition and holding of land by the council, and for any other matters for which it is necessary or expedient to make provision for the purpose of enabling the council to perform its duties or exercise its powers. (7) The accounts of the Council of Wales, whether they relate to money granted by Parliament or not, shall be deemed to be public accounts within the meaning of section thirty-three of the exchequer and audit departments act, one thousand eight hundred and sixty-six, and shall be examined and audited accordingly. (8) An order in council made for the purposes of this section may be varied or revoked by any subsequent order so made. (9) The draft of any order in council proposed to be made under this section shall be laid before each House of Parliament for not less than four weeks during which that House is sitting before it is submitted to His Majesty in council, and if before the expiration of that time an address is presented to His Majesty by both Houses of Parliament against the draft or any part thereof, no further proceedings shall be taken thereon without prejudice to the making of any new draft. (10) This section shall apply to the county of Monmouth as if it were part of Wales. PART IV.-Supplemental. 27. (1) If a certificated teacher employed at the time of the passing of this act in an existing voluntary school satisfies the local education authority in whose area the school is situated that he has lost employment, or been obliged to accept employment with a diminished salary, by reason of the school ceasing to be a public elementary school in consequence of this act, and that he has used all diligence to obtain suitable employment, he shall be entitled to be paid by the local education authority such an allowance as the authority think just under the circumstances, not exceeding, in cases where the teacher has suffered complete loss of employment, three times the amount of the yearly salary to which he was entitled on the thirtieth day of June, one thousand nine hundred and six; or, if he was not employed on that day, to which he was entitled when he was last employed previously to that date; and, in the case of a teacher who has been obliged to accept a diminished salary, not exceeding three times the amount by which his salary is diminished. (2) Any teacher aggrieved by the decision of a local education authority with respect to his application for an allowance under this section may appeal to the board of education, and the board of education, after considering the case, may proceed under this section in the same manner as the local education authority could have proceeded. (3) Conditions may be attached to the award of any allowance under this section providing for the repayment to the local education authority of some part of the allowance in cases where the teacher obtains employment after the allowance is awarded. (4) Any allowance awarded under this section by the local education authority or on an appeal by the board of education shall be paid by the local education authority as expenses incurred by them under Part III of the education act, one thousand nine hundred and two, and shall be a debt due from the authority to the teacher. (5) A teacher who has received an allowance under this section shall not be entitled to a disablement allowance under section two of the elementary school teachers' superannuation act, one thousand eight hundred and ninety-eight, until the expiration of five years from the date on which the allowance under this section becomes payable, and the local education authority and the board of education on appeal, in considering the amount to be granted as an allowance to a teacher over the age of sixty years, shall take into consideration his right to a pension under that act when he reaches the age of sixty-five. 28. Nothing in this act shall affect the powers of the board of education to aid out of the parliamentary grant schools for blind, deaf, defective, or epileptic children under section twelve of the elementary education (blind and deaf children) act, one thousand eight hundred and ninety-three, or section seven of the elementary education (defective and epileptic children) act, one thousand eight hundred and ninety-nine, and notwithstanding anything in the education acts, a parliamentary grant may be paid to marine schools, and to the Royal Hospital school, Greenwich, and to schools for demonstration and practice connected with training colleges inspected by the board of education, and to any elementary school which is part of or is held in the premises of any institution in which children are boarded, although the school is not provided by the local education authority. 29. For the purpose of disposing of any questions outstanding under section thirteen of the education act, one thousand nine hundred and two, as to the application of any endowment, the board of education may, on the application of the local education authority, or of any persons appearing to the board of education to be interested, determine not only any question which they have power to determine under that section, but also any question whether any part of the income of an endowment should, under that section, have been paid to the local education authority, and may by any such order determine the proportions in which the income of the endowment should, for the purpose of that act, have been apportioned between the persons entitled thereto, and may indemnify any person in respect of any payment purporting to have been made or withheld in pursuance of that section, notwithstanding that the payment has not been properly so made or withheld. 30. (1) The enactments mentioned in the schedule to this act are hereby repealed to the extent specified in the third column of that schedule as from the first day of January, one thousand nine hundred and eight, except where an earlier date is specially mentioned in that schedule as respects any repealed enactment. (2) This act may be cited as the education act, one thousand nine hundred and six, and shall be construed as one with the education acts, one thousand eight hundred and seventy to one thousand nine hundred and three, and those acts and this act are in this act referred to as the education acts, and may be cited as the education acts, one thousand eight hundred and seventy to one thousand nine hundred and six. (3) This act shall not extend to Scotland or Ireland. Education Act, 1902 (partial text).a AN ACT to make further provision with respect to education in England and Wales. Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the lord's spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: PART I. Local education authority. 1. For the purposes of this act the council of every county and of every county borough shall be the local education authority: Provided, That the council of a borough with a population of over 10,000, or of an urban district with a population of over 20,000, shall, as respects that borough or district, be the local education authority for the purpose of Part III of this act, and for that purpose as respects that borough or district the expression local education authority" means the council of that borough or district. PART II.-Higher education. 2. (1) The local education authority shall consider the educational needs of their area and take such 3. The council of any noncounty borough or urban district shall have power as well as the county council to spend such sums as they think fit for the purpose of supplying or aiding the supply of education other than elementary: Provided, That the amount raised by the council of a noncounty borough or urban district for the purpose in any year out of rates under this act shall not exceed the amount which would be produced by a rate of one penny in the pound. 4. (1) A council in the application of money under this part of this act shall not require that any particular form of religious instruction or worship or any religious catechism or formulary which is distinctive of any particular denomination shall or shall not be taught, used, or practiced in any school, college, or hostel aided but not provided by the council, and no pupil shall, on the ground of religious belief, be excluded from or placed in an inferior position in any school, college, or hostel, provided by the council, and no catechism or formulary distinctive of any particular religious denomination shall be taught in any school, college, or hostel so provided, except in cases where the council, at the request of parents of scholars, at such times and under such conditions as the council think desirable, allow any religious instruction to be given in the school, college, or hostel otherwise than at the cost of the council: Provided, That in the exercise of this power no unfair preference shall be shown to any religious denomination. (2) In a school or college receiving a grant from or maintained by a council under this part of this act: (a) A scholar attending as a day or evening scholar shall not be required as a condition of being admitted into or remaining in the school or college to attend or abstain from attending any Sunday school, place of religious worship, religious observance, or instruction in religious subjects in the school or college or elsewhere; and (b) The times for religious worship or for any lesson on a religious subject shall be conveniently arranged for the purpose of allowing the withdrawal of any such scholar therefrom. PART III.-Elementary education. 5. The local education authority shall throughout their area have the powers and duties of a school board and school attendance committee under the elementary education acts, 1870 to 1900, and any other acts, including local acts, and shall also be responsible for and have the control of all secular instruction in public elementary schools not provided by them, and school boards and school attendance committees shall be abolished. 6. (1) All public elementary schools provided by the local education authority shall, where the local education authority are the council of a county, have a body of managers consisting of a number of managers not exceeding four, appointed by that council, together with a number not exceeding two appointed by the minor local authority. Where the local education authority are the council of a borough or urban district they may, if they think fit, appoint for any school provided by them a body of managers consisting of such number of managers as they may determine. a The full text of the act was given in the Commissioner's Report for 1902, vol. 1, pp. 1018-1026. Here are repeated only parts referred to in the discussion of the new bill. The sections omitted are Part III, clauses 8-16, relating to the carrying out of the new requirements; Part IV, clauses 18-27, relating to powers of county and county borough councils not affected by the new bill and defining terms. 42 (2) All public elementary schools not provided by the local education authority shall, in place of the existing managers, have a body of managers consisting of a number of foundation managers not exceeding four, appointed as provided by this act, together with a number of managers not exceeding two appointed (a) Where the local education authority are the council of a county, one by that council and one by the minor local authority; and (b) Where the local education authority are the council of a borough or urban district, both by that authority. (3) Notwithstanding anything in this section (a) Schools may be grouped under one body of managers in manner provided by this act; and (b) Where the local education authority consider that the circumstances of any school require a larger body of managers than that provided under this section, that authority may increase the total number of managers, so, however, that the number of each class of managers is proportionately increased. 7. (1) The local education authority shall maintain and keep efficient all public elementary schools within their area which are necessary, and have the control of all expenditure required for that purpose, other than expenditure for which, under this act, provision is to be made by the managers; but, in the case of a school not provided by them, only so long as the following conditions and provisions are complied with: (a) The managers of the school shall carry out any directions of the local education authority as to the secular instruction to be given in the school, including any directions with respect to the number and educational qualifications of the teachers to be employed for such instruction, and for the dismissal of any teacher on educational grounds, and if the managers fail to carry out any such direction the local education authority shall, in addition to their other powers, have the power themselves to carry out the direction in question as if they were the managers; but no direction given under this provision shall be such as to interfere with reasonable facilities for religious instruction during school hours; (b) The local education authority shall have power to inspect the school; (c) The consent of the local education authority shall be required to the appointment of teachers, but that consent shall not be withheld except on educational grounds; and the consent of the authority shall also be required to the dismissal of a teacher unless the dismissal be on grounds connected with the giving of religious instruction in the school; (d) The managers of the school shall provide the schoolhouse free of any charge, except for the teacher's dwelling house (if any), to the local education authority for use as a public elementary school, and shall, out of funds provided by them, keep the schoolhouse in good repair, and make such alterations and improvements in the buildings as may be reasonably required by the local education authority: Provided, That such damage as the local authority consider to be due to fair wear and tear in the use of any room in the schoolhouse for the purpose of a public elementary school shall be made good by the local education authority. (e) The managers of the school shall. if the local education authority have no suitable accommodation in schools provided by them, allow that authority to use any room in the schoolhouse out of school hours free of charge for any educational purpose, but this obligation shall not extend to more than three days in the week. (2) The managers of a school maintained but not provided by the local education authority, in respect of the use by them of the school furniture out of school hours, and the local education authority in respect of the use by tnem of any room in the schoolhouse out of school hours, shall be liable to make good any damage caused to the furniture or the room, as the case may be, by reason of that use (other than damage arising from fair wear and tear), and the managers shall take care that, after the use of a room in the schoolhouse by them, the room is left in a proper condition for school purposes. (3) If any question arises under this section between the local education authority and the managers of a school not provided by the authority, that question shall be determined by the board of education. (4) One of the conditions required to be fulfilled by an elementary school in order to obtain a parliamentary grant shall be that it is maintained under and complies with the provisions of this section. (5) In public elementary schools maintained but not provided by the local education authority, assistant teachers and pupil teachers may be appointed, if it is thought fit, without reference to religious creed and denomination, and, in any case in which there are more candidates for the post of pupil teacher than there are places to be filled, the appointment shall be made by the local education authority, and they shall determine the respective qualifications of the candidates by examination or other wise. (6) Religious instruction given in a public elementary school not provided by the local education authority shall, as regards its character, be in accordance with the provisions (if any) of the trust deed relating thereco, and shall be under the control of the managers: Provided, That nothing in this subsection shall affect any provision in a trust deed for reference to the bishop or superior ecclesiastical or other denominational authority, so far as such provision gives to the bishop or authority the power of deciding whether the character of the religious instruction is or is not in accordance with the provisions of the trust deed. (7) The managers of a school maintained but not provided by the local education authority shall have all powers of management required for the purpose of carrying out this act, and shall (subject to the powers of the local education authority under this section) have the exclusive power of appointing and dismissing teachers. 17. (1) Any council having powers under this act shall establish an education committee or education committees, constituted in accordance with a scheme made by the council and approved by the board of education: Provided, That if a council having powers under Part II only of this act determine that an education committee is unnecessary in their case, it shall not be obligatory on them to establish such a committee. (2) All matters relating to the exercise by the council of their powers under this act, except the power of raising a rate or borrowing money, shall stand referred to the education committee, and the council, before exercising such powers, shall, unless in their opinion the matter is urgent, receive and consider the report of the education committee with respect to the matter in question. The council may also delegate to the education committee, with or without any restrictions or conditions, as they think fit, any of their powers under this act, except the power of raising a rate or borrowing money. (3) Every such scheme shall provide (a) for the appointment by the council of at least a majority of the committee, and the persons so appointed shall be persons who are members of the council, unless, in the case of a county, the council shall otherwise determine; (b) for the appointment by the council, on the nomination or recommendation, where it appears desirable, of other bodies (including associations of voluntary schools), of persons of experience in education, and of persons acquainted with the needs of the various kinds of schools in the area for which the council acts; (c) for the inclusion of women as well as men among the members of the committee; (d) for the appointment, if desirable, of members of school boards existing at the time of the passing of this act as members of the first committee. (4) Any person shall be disqualified for being a member of an education committee, who, by reason of holding an office or place of profit, or having any share or interest in a contract or employment, is disqualified for being a member of the council appointing the education committee, but no such disqualification shall apply to a person by reason only of his holding office in a school or college, aided, provided, or maintained by the council. (5) Any such scheme may, for all or any purposes of this act, provide for the constitution of a separate education committee for any area within a county, or for a joint education committee for any area formed by a combination of counties, boroughs, or urban districts, or of parts thereof. In the case of any such joint committee, it shall suffice that a majority of the members are appointed by the councils of any of the counties, boroughs, or districts out of which or parts of which the area is formed. (6) Before approving a scheme, the board of education shall take such measures as may appear expedient for the purpose of giving publicity to the provisions of the proposed scheme, and, before approving any scheme which provides for the appointment of more than one education committee, shall satisfy themselves that due regard is paid to the importance of the general coordination of all forms of education. (7) If a scheme under this section has not been made by a council and approved by the board of education within twelve months after the passing of this act, that board may, subject to the provisions of this act, make a provisional order for the purposes for which a scheme might have been made. (8) Any scheme for establishing an education committee of the council of any county or county borough in Wales or of the county of Monmouth or county borough of Newport shall provide that the county governing body constituted under the Welsh intermediate education act, 1889, for any such county or county borough shall cease to exist, and shall make such provision as appears necessary or expedient for the transfer of the powers, duties, property, and liabilities of any such body to the local education authority under this act, and for making the provisions of this section applicable to the exercise by the local education authority of the powers so transferred. |