Education (Miscellaneous Provisions) Act 1948 (repealed 1.11.1996)

Sections 2, 11.

SCHEDULES 1 E+W Minor and Consequential Amendments.

Part I E+W Amendments of the principal Act M1 .

Modifications etc. (not altering text)

C1 The text of Schedule 1 Pt. I is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M1 7&8 Geo. 6. c. 31.

Enactment amended and subject matter thereof.	Amendment
. . . F1	. . . F1
Section fifty, subsection (1).	Before the words “the authority may provide such board and lodgings for him under such arrangements as they think fit”, insert “and where a local education authority are satisfied, with respect to a pupil requiring special education treatment, that provision for him of board and lodging is necessary for enabling him to recieve the required special educational treatment”.
(Circumstances in which board and lodging may be provided)
Section fifty-three, subsection (1).	For the words “available for persons for whom primary secondary or further education is provided by the authority”, substitute “available for persons recieving primary secondary or further education”.
(Provision by local authority of facilities for recreation and training)
Section fifty-five, subsection (2).	For the words “may pay the reasonable travelling expenses”, substitute “may pay the whole or any part, as the authority think fit, of the reasonable travelling ezpenses”.
(Payment of travelling expenses of pupils)
Section fifty-six	For the words “they shall have power with the approval of the Minister to make special arrangements for him to recieve such education otherwise than at school”, substitute “they shall have power with the approval of the Minister to make special arrangements for him to recieve education otherwise than at school, being primary or secondary education, as the case may require, or, if the authority are satisfied that it is impracticable for him to recieve full-time education and the Minister approves, education similar in other respects but less than full-time.”.
(Provision for full-time education otherwise than at school in extraordinary circumstances)
. . . F1	. . . F1
Section one hundred and sixteen	In the provision “is undergoing treatment as a voluntary patient under section one, or a temporary patient under section five, of the Mental Treatment Act, 1930”. omit the words “a voluntary patient under section one or”.
(Exclusion from principal Act of persons of unsound mind and persons detained by an order of a court)	For the words “has been reported under subsection (3) of section fifty-seven of this Act”, substitute “is for the time being the subject of a report in force under subsection (3) od section fifty-seven of this Act”.
	At the end of the section insert— “or of an order of recall made by the Prison Commissioners, but a local education authority shall have power to make arrangements for a person who is detained in pursuance of an order made by a court, or of such an order of recall, to receive the benefit of educational facilities provided by the authority.Where a child or young person is being educated as a boarder at a school, the fact that he is required to be at the school by virtue of an order made by a court under the Children and Young Persons Act, 1933, or by virtue of anything done under such an order, or by virtue of a requirement of a probation order or by virtue of anything done under such a requirement, shall not render him a person detained in pursuance of an order made by a court within the meaning of those wqords in this section.”
Third Schedule, paragraph 5.	At the end of the paragraph insert— “Provided that, where the proposals include proposals for establishing a playing field or any buildings of a kind which is, under subsection (7) of section thirteen of this Act, the duty of the local education authority to provide,— (a) if the propsals as respects the playing field or building are to be executed by the persons specified in the agreement, the amount of the grant so far as attributable to the cost thereof, shall be equal to the whole of that cost ; and (b) if the proposals as respects the playing field or buildings are to be executed by the local education authority, the cost thereof shall be borne by them and excluded in computing the amount of the grant.”
(Amount of grant on execution of special agreement proposals)
. . . F2	. . . F2

Textual Amendments

F1 Entries repealed by Education (Miscellaneous Provisions) Act 1953 (c. 33), Sch. 2; Mental Health Act 1959 (c. 72), Sch. 8 Pt. I; Children and Young Persons Act 1969 (c. 54), s. 72(4), Sch. 6 and Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. V

F2 Entry repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7

Part II E+W . . . F3

Textual Amendments

F3 Sch. 1 Pt. II repealed by Education Act 1973 (c. 16), Sch. 2 Pt. II