Education (Scotland) Act 1945

Miscellaneous.

83 Effect of attendance notices on computation of working hours.

(1) Where a young person is employed in any employment with respect to which a limitation upon the number of working hours during which he may be employed in that employment otherwise, than by way of overtime in any week is imposed by or under any enactment, any period of attendance at a junior college required of him during that week by an attendance notice served on him shall, for the purposes of the limitation, be deemed to be time during which he has been so employed in that week.

(2) Where a young person employed in any employment is entitled by or under the provisions of any enactment or of any agreement to overtime rates of pay in respect of any time during which he is employed in that employment on any day or in any week in excess of any specified number of hours or before or after any specified hour, any period of attendance at a junior college, required of him on that day or during that week by an attendance notice served on him shall, for the purposes of those provisions, be deemed to be a period during which he was employed in that employment otherwise than in excess of the specified number of hours or before or after the specified hour, as the case may be.

84 Adaptation of enactments relating to employment of children and young persons.

(1) For the purpose of any enactment relating to the prohibition or regulation of the employment of children or young persons, any person who is not for the purposes of this Act over school age shall be deemed to be a child within the meaning of that enactment.

(2) For the purposes of any byelaws under Part III of the Children and Young Persons (Scotland) Act, 1937, the expression " child " shall have the same meaning as it has for the purposes of the said Part III.

85 Exemption from rates.

No assessment or rate under any general or local Act for any county, burgh or other local purpose shall be assessed or levied upon or in respect of any land or building used exclusively or mainly for the purposes of the premises of a special school or orphanage in respect of which grants may be paid under paragraph (c) of section fifty-six of this Act, except to the extent of any profit derived by the managers from the letting thereof.

86 Amendment of enactments.

(1) In relation to any young person punishable under this Act or under section seventy-eight of the Unemployment Insurance Act, 1935, subsection (3) of section fifty-six and section fifty-eight of the Children and Young Persons (Scotland) Act, 1937, (which relate to the substitution of other punishments -for imprisonment), shall have effect as if references therein to a young person included references to any person who has not attained the age of eighteen years.

(2) Any reference in an enactment passed before the appointed day to a school in receipt of a parliamentary grant shall, unless the context otherwise requires, be construed as a reference to a school other than an independent school.

(3) The amendments specified in the third column of the Fourth Schedule to this Act, being amendments of a minor or consequential nature, shall be made in the enactments specified in the first and second columns of that Schedule.

87 Interpretation.

(1) In this Act, unless the context otherwise requires, the following expressions have the meanings respectively assigned to them :—

• " Act of 1872 " means the [35 & 36 Vict. c. 62.] Education (Scotland) Act, 1872 ;

• " Act of 1889 " means the [52 & 53 Vict. c. 50.] Local Government (Scotland) Act, 1889 ;

• " Act of 1901 " means the [1 Edw. 7 c. 1.] Education (Scotland) Act, 1901 ;

• " Act of 1908 " means the [8 Edw. 7 c. 63.] Education (Scotland) Act, 1908 ;

• " Act of 1918 " means the [8 & 9 Geo. 5. c. 48.] Education (Scotland) Act, 1918 ;

• " Act of 1919 " means the [9 & 10 Geo. 5. c. 17.] Education (Scotland) (Superannuation) Act, 1919 ;

• " Act of 1925 " means the [15 & 16 Geo. 5. c. 55.] Education (Scotland) (Superannuation) Act, 1925 ;

• " Act of 1929 " means the [19 & 20 Geo. 5. c. 25.] Local Government (Scotland) Act, 1929 ;

• " Act of 1936 " means the [26 Geo. 5. & 1 Edw. 8. c. 42.] Education (Scotland) Act, 1936 ;

• " Act of 1939 " means the Education (Emergency) (Scotland) Act, 1939 ;

• " Child " means a person who is not over school age ;

• " Clothing " includes boots and other footwear ;

• " Code " means a code included in regulations under section fifty-five of this Act;

• " Education Acts " means the Education (Scotland) Acts, 1872 to 1942, the Education (Scotland) (Superannuation) Acts, 1919 to 1939, the Educational Endowments (Scotland) Act, 1882, the Educational Endowments (Scotland) Acts, 1928 to 1935, the [36 & 37 Vict. c. 53.] Highland Schools Act, 1873, and this Act;

• " Educational establishment "—

  (i)

  means a school, a junior college and any other institution for the provision of any form of further education and the premises of such school, junior college or institution, and

  (ii)

  without prejudice to the foregoing generality, includes a central institution, a training centre, a training college, a hostel used mainly by pupils attending such schools or junior colleges or institutions, and a residential institution conducted under a scheme under the Educational Endowments (Scotland) Acts, 1928 to 1935, but

  (iii)

  does not include a university, a theological college, a hostel or other residence used exclusively by students attending a university or a theological college, or a club or other centre conducted by a voluntary society or body for the purpose of providing facilities or organising activities of a character similar to those which may be provided by an education authority under section three of this Act, unless the society or body are in receipt of a grant from the Secretary of State or of a contribution from an education authority or apply in writing to the Secretary of State for the club or centre to be treated in all respects as an educational establishment;

• " Employment " includes employment in any labour exercised - by way of trade or for purposes of gain whether the gain be to the child or to the young person or to any other person, and a person who assists in a trade or occupation carried on for profit shall be deemed to be employed notwithstanding that he receives no reward for his labour; and "employ" shall be construed accordingly;

• " Employer " includes a parent who employs his children ;

• " Functions " includes powers and duties ; and " functions relating to education", used in relation to an education authority, includes any function conferred or imposed on an education authority by the Education Acts or by any other enactment;

• "Further education " has the meaning assigned to it by subsection (5) of section one of this Act;

• " Independent school " means a school at which full-time education is provided for five or more pupils of school age (whether or not such education is also, provided for pupils under or over that age), not being a public school or a school in respect of which grants are made by the Secretary of State to the managers of the school other than grants in aid of the managers' contributions under the Education (Scotland) (Superannuation) Acts, 1919 to 1939 ;

• " Junior college " has the meaning assigned to it by subsection (5) of section one of this Act;

• " Managers ", in relation to an educational establishment, means the governing body, trustees, or other person or body of persons responsible for the management of the establishment;

• " Medical examination " means examination by a duly qualified medical practitioner: Provided that in conducting an examination of any such class as may be prescribed, such practitioner may be assisted by other persons having such special qualifications or experience as may be prescribed ;

• " Medical inspection " and " medical supervision " mean, , respectively, inspection and supervision by or under the directions of a duly qualified medical practitioner or in appropriate cases by a person registered under the [41 & 42 Vict. c. 33.] Dentists Act, 1878 ;

• " Medical officer " means, in relation to any education authority, a duly qualified medical practitioner employed or engaged, whether regularly or for the purposes of any particular case, by that authority ;

• " Medical treatment " includes prevention and treatment of diseases by any duly qualified medical practitioner or by any person registered under the Dentists Act, 1878, and the supply of appliances on the recommendation of such practitioner or person, but does not, in relation to any pupil other than a pupil receiving primary or secondary education elsewhere than at school under arrangements made by an education authority under section eight of this Act, include treatment in that pupil's home ;

• " Mental Deficiency Acts " means the Mental Deficiency and Lunacy (Scotland) Acts, 1913 and 1940 ;

• " National committee ", " provincial committee " and " committee of management " mean respectively the National Committee for the Training of Teachers, a Provincial Committee and a Committee of Management established under the minute of the Scottish Education Department dated the tenth day of February, 1920, and include any committee or other body that may be appointed in their place under section forty-nine of this Act;

• " Nursery school " and " nursery class " have the respective meanings assigned to them by subsection (2) of section one of this Act;

• " Officers " includes servants ;

• " Parent " includes guardian and any person who is liable to maintain or has the actual custody of a child or young person;

• " Premises " in relation to any educational establishment includes any building in which pupils attending such establishment are boarded whether managed by the managers of such establishment or by any other person by arrangement with such managers, and any playing fields used in connection with such establishment whether contiguous to or detached therefrom ;

• " Prescribed " means prescribed by the Secretary of State ;

• " Primary education " has the meaning assigned to it by subsection (2) of section one of this Act;

• " Proprietor " in relation to an independent school means the managers of such school, and for the purposes of the provisions of this Act relating to applications for the registration of independent schools includes any person , or body of persons proposing to be the managers ;

• " Provisionally registered school " means an independent school registered in the register of independent schools whereof the registration is provisional only;

• " Public school " means any school under the management of an education authority ;

• " Pupil " where used without qualification means a person of any age for whom education is or is required to be provided under the Education Acts ;

• " Registered school " means an independent school the registration of which in the register of independent schools is final;

• " School " means an institution providing primary or secondary education or both primary and secondary education being a public school, an independent school, or a school in respect of which grants are made by the Secretary of State to the managers of the school, and includes a nursery school and a special school; and the expression " school" where used without qualification includes any such school or all such schools as the context may require but does not include an approved school within the meaning of the Children and Young Persons (Scotland) Act, 1937 ;

• " School age " has, subject to the provisions of section twenty-four and of subsection (3) of this section, the meaning assigned to it by section twenty-three of this Act ;

• " Secondary education " has the meaning assigned to it by subsection (3) ,of section one of this Act;

• " Special educational treatment " has the meaning assigned to it by subsection (4) of section one of this Act ;

• " Special school " includes special classes forming part of primary schools and secondary schools, child guidance clinics and occupational centres ; Teachers superannuation scheme " means the superannuation scheme framed and approved under the Education (Scotland) Superannuation Acts, 1919 to 1939, and any amendment thereof ;

• " Training centre " and " training college " mean a centre or college for the purposes of section forty-nine of this Act managed respectively by a provincial committee or a committee of management ;

• " Young person " means a person over school age who has not attained the age of eighteen.

(2) Where any function is delegated by one body to another in pursuance of this Act, that other body shall have power to exercise the function in like manner in all respects as the first mentioned body could have exercised it had there been no delegation, and, save as otherwise provided in the administrative scheme, to enter into any contract or execute any deed necessary for that purpose.

(3) Any person who before the date when section twenty-three of this Act comes into operation has attained an age at which under the Education (Scotland) Acts, 1872 to 1942, his parent ceased to be under obligation to provide efficient education for him shall be deemed to be over school age, and any person who after the said date ceases to be of school age shall not in the event of any subsequent change in the upper limit of school age again become a person of school age.

(4) In this Act, unless the context otherwise requires, references to any enactment or any provision of any enactment shall be construed as references to that enactment or provision as amended by any subsequent enactment, including this Act.

(5) Any minute, rule, regulation, order or scheme, passed or made, or any certificate, direction or approval given, or thing done under any enactment repealed or amended by this Act, shall, if in force at the appointed day, continue in force notwithstanding such repeal or amendment in like manner as if it had been passed, made, given or done under this Act.

88 Repeal of obsolete enactments.

The enactments set out in the Fifth Schedule to this Act, being enactments which, to the extent specified in the third column of that Schedule, have by lapse of time or otherwise become unnecessary or obsolete, shall to that extent be repealed :

Provided that, without prejudice, to the provisions of section thirty-eight of the [52 & 53 Vict. c. 63.] Interpretation Act, 1889, nothing in this' repeal shall affect—

(i) the validity of any scheme under the Educational Endowments (Scotland) Act, 1882, in force at the appointed day; or

(ii) the title of an education authority to any property vested in or held in trust for them at the appointed day ; or

(iii) the terms and conditions upon which any officer of an education authority holds his office or the powers of an education authority in relation thereto.

89 Citation, repeal and commencement.

(1) This Act may be cited as the Education (Scotland) Act, 1945, and the Education (Scotland) Acts, 1872 to 1942, the Education (Scotland) (Superannuation) Acts, 1919 to 1939, the Educational Endowments (Scotland) Act, 1882, the Educational Endowments (Scotland) Acts, 1928 to 1935, the Highland Schools Act, 1873, and this Act shall be construed as one, and may be cited together as the Education (Scotland) Acts, 1872 to 1945.

(2) The enactments set out in the Sixth Schedule to this Act shall be repealed to the extent specified in the third column of that Schedule.

(3) Save as otherwise expressly provided this Act shall come into operation on the appointed day, and the appointed day shall be such day as the Secretary of State may appoint, and different days may be appointed for different purposes and different provisions of this Act : Provided always that the day appointed for the coming into operation of section twenty-three shall be not later than the first day of April nineteen hundred and forty-six and the day appointed for the coming into operation of sections twenty-nine to thirty-one and eighty-three shall be not later than three years after the date on which the upper limit of the school age is raised to fifteen.