Complete text of the education bill of 1906.

A BILL [as amended in committee and on report] 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 lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

PART I.-Elementary schools.

1. On and after the first day of January, one thousand nine hundred and eight, a school shall not be recognised as a public elementary school unless it is a school provided by the local education authority.

2. (1) A local education authority for the purpose of continuing any existing voluntary school as a school provided by them, in cases where they desire to do so, may, with the consent of the board of education, make any arrangements they think fit by agreement with the owners of the schoolhouse of the school for obtaining such use of it as is required for carrying on a public elementary school, and may as occasion requires renew any such arrangement or make fresh arrangements for the purpose in a similar manner; but it shall be a condition of any such arrangement

(a) That the local education authority during the continuance of the arrangement keep the schoolhouse in good repair, and are enabled to make any alterations and improvements which in the opinion of the local education authority (or in case of dispute in the opinion of the board of education) appear to be reasonably required, subject to the right of the owner of a schoolhouse which is not held under any charitable trust himself to carry out, if he wishes it, any alterations or improvements so required, and to recover from the local education authority any expenses which, in the opinion of the authority, or in case of dispute, in the opinion of the board of education, are reasonably incurred for the purpose; and (b) That the use of the schoolhouse obtained by the local education authority is free from any trusts or conditions which are not consistent with the conduct or management of the school as a public elementary school provided by them, or in any way restrict their full control of the school as a public elementary school, save as hereinafter provided.

(2) The owners of the schoolhouse of any existing voluntary school which is subject to charitable trusts shall have full power, notwithstanding those trusts, to make and carry out any arrangement under this section, and in the time during which the local education authority have not the use of the schoolhouse under any such arrangement, to use the schoolhouse or permit it to be used either in consideration of a payment or free of charge for any purposes of public or social utility they think fit, subject nevertheless to any statutory provisions under which the use of the schoolhouse or any room therein may be required for public or educational purposes.

(3) Any school in respect of which an arrangement is made under this section shall for the purposes of the education acts be deemed to be a school provided by the local education authority.

(4) Nothing in this section shall affect the powers of a local education authority with respect to purchasing or taking on lease a schoolhouse under section nineteen of the elementary education act, one thousand eight hundred and seventy.

(5) Nothing in this section shall prevent the granting or requiring of facilities for special religious instruction in accordance with this act, or prevent a local education authority, as a condition of an arrangement made under this section with respect to the use of the schoolhouse of an existing voluntary school, from giving an undertaking to give religious instruction which does not conflict with section fourteen of the elementary education act, one thousand eight hundred and seventy, in the school.

3. (1) If the affording of facilities under this section for the giving of religious instruction of some special character not permitted under section fourteen of the elementary education act, eighteen hundred and seventy, has been made a condition of any arrangement for the use by the local education authority of the schoolhouse of a transferred voluntary school, or of any scheme under this part of this act with respect thereto, or of the purchase or hire of the schoolhouse, that authority shall, notwithstanding anything in that section, afford those

facilities by enabling children whose parents wish them to receive religious instruction of that special character to receive that instruction on not more than two mornings a week, and the mornings fixed by the local education authority shall be the same mornings in the week for all those children, unless the authority, on account of the accommodation in the school, or the number of classes in the school, consider that the instruction can not be efficiently given on the same mornings to all the children whose parents wish them to receive it. (2) No part of the expense of giving religious instruction of a special character under this section shall be paid by the local education authority.

4. (1) A local education authority may afford extended facilities for religious instruction of some special character not permitted under section fourteen of the elementary education act, eighteen hundred and seventy, in any transferred voluntary school in an urban area, by permitting the religious instruction given in the school to be instruction of that special character, notwithstanding anything in that section, if an application is made to them for those extended facilities, and if they are satisfied, after holding a public local inquiry with reference to the application

(a) That, as the result of a ballot taken previously to the inquiry as to the wishes of the parents in accordance with this section, it appears that the parents of at least four-fifths of the children attending the school desire those facilities; and

(b) That there is public school accommodation in schools not affected by a permission given under this section for the other children attending the school:

Provided, That a child shall not be reckoned in the number of children for whom accommodation is required if the parent of the child shows at the inquiry that he does not require that accommodation for his child, and that no vote has been given at the ballot in respect of the child.

Where extended facilities are so afforded, the local education authority may also, if they think fit, permit the teachers employed in the school to give the instruction desired, but not at the expense of the authority.

A local education authority shall take into consideration any application made to them with respect to a school under this section if it is made by the parents of at least twenty children attending the school and if an application under this section has not been made with respect to the same school during the preceding twelve months, and shall cause a ballot to be taken and hold a public local inquiry with reference thereto, but shall not be under any obligation to take into consideration any application otherwise made to them. Extended facilities shall not be afforded under this section except where the use of the schoolhouse is given, or the schoolhouse is transferred, to the local education authority free of any rent or other payment in respect of the use of the schoolhouse for the purposes of a public elementary school.

(2) A permission given under this section may be at any time withdrawn by the local education authority if, after causing a ballot to be taken and holding a public local inquiry with reference to the matter, they think that the conditions on the strength of which the permission was given no longer obtain; but the withdrawal of a permission shall not take effect until the expiration of such period after the date on which the resolution of withdrawal is passed (not being less than twelve months) as the authority may fix, and shall not prevent a permission under this section being again granted in respect of the school on any subsequent application.

(3) For the purposes of this section, the expression “urban area” means the county of London and any borough or urban district having in either case a population exceeding five thousand according to the last census for the time being.

(4) An application may be made under this section as respects any existing voluntary school for a permission to take effect in the event of the school becoming a transferred voluntary school, and the provisions of this section shall apply in such a case as they apply in the case of a school which has actually become a transferred voluntary school.

(5) A ballot for the purposes of this section shall be taken in accordance with regulations made for the purpose by the board of education, and those regulations may incorporate any of the provisions of the ballot act, eighteen hundred and seventy-two (including the penal provisions thereof).

5. (1) Where the local education authority refuse to agree to an arrangement offered to them by the owners of the schoolhouse of an existing voluntary school as respects the use of the schoolhouse, and the school is one in respect of which extended facilities are desired, the owners of the schoolhouse may appeal to the board of education, and that board may, if they are satisfied that all the conditions requisite before extended facilities can be granted in a school under this act are fulfilled in the case of the school, and, if they think fit, after considering the circumstances of the case, and the wishes of the parents of children attending the school as to the continuance of the school with extended facilities, by order, make an arrangement under this act with respect to the use of the schoolhouse on such terms and conditions as may be contained in the order, including a condition requiring extended

facilities to be afforded, but if, under any special circumstances of the case the board think it expedient, they may, instead of making such an arrangement, make an order allowing the school to continue as a state-aided school. Provided that-

(a) An order shall not be made under this provision unless the schoolhouse is, in the opinion of the board of education, structurally suitable; and

(b) An arrangement made by order for the use of a schoolhouse under this provision shall not have effect for more than five years.

(2) It shall be the duty of the local education authority to comply with any condition contained in any arrangement made by an order under this section.

(3) An appeal under this section shall not be entertained unless it is made before the first day of January, one thousand nine hundred and eight.

(4) The parents of at least twenty children attending a transferred voluntary school, if aggrieved by the mode in which extended facilities are afforded by a local education authority, may appeal to the board of education, and that board, if satisfied, after considering the circumstances of the case, that there are reasonable grounds for the appeal, may make an order allowing the school to continue as a state-aided school, and providing so far as necessary, for the cancelling of any arrangement made with respect to the transfer or use of the schoolhouse, and for any other matter for which provision is required in connection with

the order.

(5) Where an order is made under this section allowing a school to continue as a stateaided school, the board of education may, notwithstanding anything in this act, pay to that school the parliamentary grants which would be payable in respect of the school or the scholars in the school if it was a public elementary school, so long as the board are satisfied that the regulations contained in paragraphs one, two, and three of section seven of the elementary education act, one thousand eight hundred and seventy (a copy of which shall be conspicuously put up in the school), and such other conditions as they prescribe as conditions for the payment of the grant, are complied with in the case of the school. A state-aided school shall not be treated as a public elementary school except for the purpose of the elementary school teachers (superannuation) act, one thousand eight hundred and ninety-eight, and any other purpose which may be prescribed by the board of education. 6. If the local education authority at any time make an arrangement for the transfer to them, or the use by them, of the schoolhouse of an elementary school not being a public elementary school, and conduct it as a public elementary school provided by them, the foregoing provisions of this act with respect to facilities (including extended facilities) shall apply to that school in the same manner as they apply to a transferred voluntary school; but nothing in this section shall be construed so as to apply the provisions of this act allowing an appeal to the board of education in cases where a local education authority refuse to make an arrangement as respects the use of the schoolhouse of an existing voluntary school.

7. The parent of a child attending a public elementary school shall not be under any obligation to cause the child to attend at the schoolhouse, except during the times allotted in the time table exclusively to secular instruction.

8. (1) A teacher employed in a public elementary school shall not give any religious instruction of a special character not permitted under section fourteen of the elementary education act, one thousand eight hundred and seventy, in any school in which facilities for that instruction are afforded under this act, except where permitted to do so by the local education authority in cases where extended facilities are so afforded.

(2) A teacher employed in a public elementary school shall not be required as part of his duties as teacher to give any religious instruction, and shall not be required as a condition of his appointment to subscribe to any religious creed, or to attend or abstain from attending any Sunday school or place of religious worship.

(3) Where a local education authority continue an existing voluntary school under this act as a school provided by them, any teachers in the school at the time of the transfer shall continue to hold office under the local education authority by the same tenure and on the same terms and conditions, so far as they are consistent with the provisions of this act as before the transfer.

(4) Any teacher employed at the time of the passing of this act in an existing voluntary school, who loses his employment by reason of the school ceasing to be a public elementary school in consequence of this act, shall be entitled, in accordance with regulations made for the purpose by the treasury and the board of education, notwithstanding anything in the elementary school-teachers' superannuation act, one thousand eight hundred and ninetyeight, or the rules made under that act, to pay contributions to the deferred annuity fund under that act during any time (not exceeding one year after the date at which he so loses his employment) in which he is not employed in recorded service, and to reckon the time in respect of which contributions are so made as if it were recorded service.

9. (1) Where the schoolhouse of an existing voluntary school is held under charitable trusts, and no arrangement has been made with respect to the schoolhouse under this act,

the local education authority may, at any time after the first day of January, one thousand nine hundred and seven, apply to the commission appointed under this act to make a scheme with respect to the mode in which effect is to be given to the trusts of the schoolhouse in the future: Provided, That where the owners of a schoolhouse have appealed to the board of education as regards that schoolhouse under the provisions of this act relating to appeals with respect to extended facilities, no application under this section shall be entertained or proceeded with by the commission unless and until the board of education have determined not to make an order on the appeal to them.

(2) In making any such scheme, the commission shall act in accordance with the principles followed by the high court in exercising as the successors of the court of chancery the ordinary jurisdiction as to charities inherent in that court; but

(a) They shall not treat a proposal to carry on an elementary school as a proper mode of giving effect to the trusts of the schoolhouse unless sufficient guarantee is given for the effective continuance of the school for a period of at least five years; and

(b) If they are of opinion that the use of the schoolhouse for the purpose of a public elementary school by the local education authority in accordance with this act is the best mode of giving effect to the trusts, they may by the scheme make provision for the purpose, subject to such conditions (if any) as to payment or other matters as the commission think just, having regard to

(i) The grants or assistance, if any, received from public funds towards the building, enlargement, or improvement, or fitting up of the schoolhouse.

(ii) The limited nature of the user thereof by the local education authority.

(iii) The facilities given therein for special religious instruction and the performance of the original trusts.

(iv) The cost of maintenance and repair; and such other circumstances as may in their opinion properly be considered.

(3) A provision made by the commission with respect to the use of a schoolhouse by a local education authority shall not have effect for more than five years, unless the local education authority and the owners of the schoolhouse agree that the provision shall have effect for a longer time.

(4) A scheme made by the commission shall have effect as if enacted by this act, but a provision made by the commission with respect to the use of a schoolhouse by the local education authority may be altered by the board of education with the consent of the owners of the schoolhouse and the local education authority, and on the expiration of any such provision the board of education shall have the same powers for renewing the provision, or making a fresh provision for the like purpose, as the commission have with respect to the provision originally made; and for the purposes of this act any provision renewed or made by the board of education shall be treated as a provision made by a scheme of the commission under this section.

(5) No court shall have power to review or interfere in any way with the schemes, decisions, or other proceedings of the commission, and the commission shall amongst other matters have power to decide whether a schoolhouse is held under charitable trusts or not. 10. (1) The commission under this act shall consist of the Right Honourable Sir Arthur Wilson, K. C. I. E., Sir Hugh Owen, G. C. B., and Henry Wilson Worsley Taylor, esquire, K. C.

(2) If a vacancy occurs in the office of any commissioner so appointed by reason of death, resignation, incapacity, or otherwise, His Majesty may appoint some other person to fill the vacancy, and so from time to time as occasion requires.

(3) The remuneration of the commissioners and all expenses of the commission incurred in the execution of this act shall be paid out of moneys provided by Parliament.

(4) The procedure, place of meeting, and authentication of documents of the commission shall be regulated in such manner as the commission determine.

(5) The commissioners may examine witnesses on oath, and for enforcing the attendance of witnesses, after the tender of their expenses, the examination of witnesses, and the production of books and documents, shall have all such powers, rights, and privileges as are vested in any of His Majesty's courts of law.

(6) The powers of the commission shall be in force until the thirty-first day of December, one thousand nine hundred and eight, but His Majesty may by order in council continue their powers for such further period as His Majesty thinks fit.

11. (1) Where the schoolhouse of an existing voluntary school is held under charitable trusts, the local education authority, if they require the use of the schoolhouse for the purpose of avoiding for the time being any deficiency of public school accommodation in their area and have not obtained that use under this act, shall be entitled to have, without payment, such use of the schoolhouse as is needed for the purpose of carrying on a public elementary school from the first day of January, one thousand nine hundred and eight,

(2) While a schoolhouse is used under the powers given by this section, the same conditions and provisions shall apply under this act as where an arrangement is made for the use of a schoolhouse, except that the local education authority shall not make any alteration which is of a permanent character, or will interfere with the use of the schoolhouse for any purpose for which it has been previously used, and shall permit the religious instruction given in the school to be of the same character as that previously given, and shall also permit the teachers in the school to give that instruction as part of their duties; and if a vacancy arise in the office of teacher while the schoolhouse is used under this section, the local education authority shall, in choosing the teacher, appoint a teacher who is willing to give the religious instruction required under this section.

(3) An arrangement or a scheme may be made under this part of this act with reference to a schoolhouse used under the powers given by this section, notwithstanding that it is so used; but where such a scheme or arrangement is made, the provisions of this section shall cease to apply on the date when the scheme or arrangement commences to take effect.

12. (1) An existing voluntary school shall not be closed at any time between the passing of this act and the first day of January, one thousand nine hundred and eight, except with the sanction of the board of education, and if the managers of any such school in cases where no such sanction is given are unwilling or fail to carry on the school during that period, the local education authority may carry on the school, as a school provided by them, until the first day of January, one thousand nine hundred and ten, and for that purpose shall, notwithstanding any trust or condition on which the schoolhouse is held, have full authority to use that schoolhouse for the purposes of the school.

(2) If the owners of the schoolhouse refuse to give such possession of the schoolhouse as is required for the purposes of this section, that possession may be obtained, whatever may be the value or rent of the schoolhouse, by or on behalf of the local education authority, either under sections one hundred and thirty-eight to one hundred and forty-five of the county courts act, one thousand eight hundred and eighty-eight, or under the small tenements recovery act, one thousand eight hundred and thirty-eight, as in the cases therein provided for, and in either case as if the local education authority were the landlord.

13. In addition to any other parliamentary grant there shall be annually paid, out of moneys provided by Parliament, a grant of one million pounds, to be distributed amongst local education authorities in such shares and in such manner as may be determined by the minutes of the board of education for the time being in force with respect to public elementary schools.

14. In this part of this act

(1) The expression "existing voluntary school" means a school which is at the time of the passing of this act a public elementary school not provided by the local education authority.

(2) The expression "transferred voluntary school" means a school which is continued as a public elementary school by the local education authority in the schoolhouse of an existing voluntary school, either under an arrangement made in pursuance of this part of this act or under an agreement for the purchase or hire of the schoolhouse made after the passing of this act and before the first day of January, one thousand nine hundred and eight, or an agreement made in continuance of such an agreement or in pursuance of a scheme made by the commission under this act.

(3) The expression "public local inquiry" means a local inquiry held by a local education authority in accordance with regulations made by the board of education for the purpose.

(4) The expression "owners," as respects any schoolhouse, means any persons (other than the official trustee) in whom the schoolhouse is vested, and includes any persons in whom an interest in the schoolhouse is vested to the extent of that interest.

Where a schoolhouse or any interest therein is vested in the official trustee or where any difficulty arises as to who are the owners of the schoolhouse or any interest therein, any persons recognised or appointed to act as owners for the purposes of this part of this act by the board of education, shall for those purposes be deemed to be the owners.

During the time between the passing of this act and the first day of January, nineteen hundred and eight, the owners of the schoolhouse of an existing voluntary school shall furnish to the local education authority any information which the authority may reasonably require as to the title under which the school is held and, in the case of a school held under charitable trusts, as to the nature of the trusts and the contents of the trust deeds (if any). (5) No child shall be reckoned, for the purposes of the provisions of this part of this act relating to extended facilities and appeals with respect to the mode of giving extended facilities, as a child attending a school, unless the child has attended the school with due regularity for at least six months, in accordance with the code of minutes of the board of education for the time being in force in respect to public elementary schools, and if any question arises whether a child has attended a school for the purpose of those provisions, that question shall be decided by the board of education.