Education Act 1944

Section 120.

EIGHTH SCHEDULE AMENDMENT OF ENACTMENTS.

PART I ENACTMENTS AMENDED FROM DATE OF COMMENCEMENT OF PART II OF THIS ACT.

Enactment to be amended.	Amendment.
The Mental Deficiency Act, 1913.
Section two	For sub-paragraph (v) of paragraph (b) of subsection (1), there shall be substituted the following paragraph:— “(v) who is a person with respect to whom a report has been issued under the enactments relating to education that he has been found incapable of receiving education at school, or that by reason of a disability of mind he may require supervision after leaving school.”
Section thirty-one	The section shall cease to have effect.
The Ministry of Agriculture and Fisheries Act, 1919.
Section seven	In subsection (2), for the words " under the Education Act, 1902, stand referred to the education committee," there shall be substituted the words " relate to the functions of local education authorities. "
The Children and Young Persons Act, 1933.
Section ten	In subsection (1), after the word " years " there shall be inserted the words " or any young person who has not attained the age at which under the enactments relating to education children cease to be of compulsory school age ", and for the words from " is totally exempted " to the end of the subsection there shall be substituted the words " or young person is not, by being so taken with him, prevented from receiving efficient full-time education suitable to his age ability and aptitude, be liable on summary conviction to a fine not exceeding twenty shillings " ; in subsection (2) after the word " child " in both places where that word occurs, there shall be inserted the words " or young person " ; for subsection (3) there shall be substituted the following subsection :— “(3) Where in any proceedings for an offence against this section it is proved that the parent or guardian of the child or young person is engaged in any trade or business of such a nature as to require him to travel from place to place, the person against whom the proceedings were brought shall be acquitted if it is proved that the child or young person has attended a school at which he was a registered pupil as regularly as the nature of the trade or business of the parent or guardian permits : Provided that in the case of a child or young person who has attained the age of six years the person against whom the proceedings were brought shall not be entitled to be acquitted under this subsection unless it is proved that the child or young person has made at least two hundred attendances during the period of twelve months ending with the date on which the proceedings were instituted.”
Section eighteen	In subsection (1), for paragraph (a) there shall be substituted the following paragraph :— “(a) until he has attained an age not less than two years below that at which under the enactments relating to education children cease to be of compulsory school age ; or”; and in subsection (2), in sub-paragraph (i) of paragraph (a), for the words " under the age of twelve years (notwithstanding anything in paragraph (a) of the last foregoing subsection) " there shall be substituted the words " before they attain the age at which employment ceases to be prohibited under paragraph (a) of the last foregoing subsection.
Section twenty-two	After subsection (3) there shall be inserted the following subsection :— “(3A) A licence granted under this section shall specify the times, if any, during which the child to which the licence relates may be absent from school for the purposes authorised by the licence, and for the purposes of the enactments relating to education a child who is so absent during any times so specified shall be deemed to be absent with leave granted by a person authorised in that behalf by the managers, governors or proprietor of the school.”
Section sixty-one	In subsection (1), in paragraph (c) thereof, after the word " child " there shall be inserted the words " or young person ", and after the word " children " there shall be inserted the words " or young persons ".
Section ninety-six	In subsection (1), the words " as respects children " and the words from " for elementary education" (where those words first occur) to the end of the subsection shall be omitted; subsection (2) shall be omitted; in subsection (3) for the words from " for elementary education " to the end of the subsection there shall be substituted the words " shall be defrayed as expenses under the enactments relating to education " ; in subsection (4), for the word " under " (where that word secondly occurs) there shall be substituted the words " in accordance with " , and the words " as expenses of elementary education under the Education Act, 1921 " shall be omitted.
The Local Government Act, 1933.
Section ninety-four	After the words " Public Libraries Act, 1892," there shall be inserted the words " or of a sub-committee of any such committee ; " the words " aided, provided or" shall be omitted ; and at the end of the section there shall be inserted the words " or sub-committee. "
Section one hundred and eighteen	The words " or The Education Act, 1921," shall be omitted.
The Seventh Schedule	The words " The Education Acts, 1921 to 1933," shall be omitted.
The Factories Act, 1937.
Section one hundred and fifty-two.	In the definition of " young person " for the words " attained the age of fourteen and " there shall be substituted the words " ceased to be a child but " , and the words from " but does not include " to the end of the definition shall be omitted.
The London Government Act, 1939.
Section sixty-four	After the words " mental hospitals committee of the county council" there shall be inserted the words " or of a sub-committee of any such committee " ; and the words " aided, provided or " shall be omitted.
Section eighty-five	The words " the Education Act, 1921 or " shall be omitted.
The Fifth Schedule	The words " The Education Acts, 1921 to 1937," shall be omitted.

PART II ENACTMENTS AMENDED FROM DATE ON WHICH SECTION FORTY-FOUR OF THIS ACT COMES INTO OPERATION.

Enactment to be amended.	Amendment.
The Unemployment Insurance Act; 1935.
Section seventy-eight	For the word " Minister " (wherever that word occurs) there shall be substituted the words " Minister of Education " ; in subsection (2), for paragraph (a) there shall be substituted the following paragraph :— “(a) in England or Wales he shall be liable on summary conviction, in the case of a first offence to a fine not exceeding one pound, in the case of a second offence to a fine not exceeding five pounds, and in the case of a third or subsequent offence to a fine not exceeding ten pounds or to imprisonment for a term not exceeding one month or to both such fine and such imprisonment so, however, that no proceedings for such an offence shall be taken except by or on behalf of the Minister of Education”; for subsection (4) there shall be substituted the following subsection :— “(4) The regulations made by the Minister of Education under this section shall make provision as to the functions to be performed by local education authorities .with respect to persons required under this section to attend at authorised courses, and, in particular, shall direct such authorities to make in any college attendance notice served on any such person such modifications as may be provided by the regulations, and shall make provision as to the circumstances in which and the extent to which attendances in pursuance of requirements under this section may be reckoned as attendances in pursuance of the requirements of college attendance notices.”
Section eighty-one	In subsection (1), in paragraph (b) thereof, for the words " that age" there shall be substituted the words " the age of eighteen years ".
Section eighty-seven	In subsection (1), after the words " this Act," where those words first occur, there shall be inserted the words " other than an offence under section seventy-eight of this Act " ; in subsection (3), for the words " an offence under this Act" there shall be substituted the words " any such offence as aforesaid ".
Section one hundred and four.	In subsection (1) after the word "Act," where that word first occurs, there shall be inserted the words " except under section seventy-eight thereof ".
Section one hundred and thirteen.	In subsection (1) for the definition of "Authorised course " there shall be substituted the following definition :— “Authorised course means a county college established under the enactments relating to education or a training course provided under section seventy-seven of this Act and includes, in relation to insured contributors who have attained the age of eighteen years, any training course provided by the Assistance Board under the Unemployment Act, 1934.”