Education Act 1944

1. Introductory Text

2. PART I CENTRAL ADMINISTRATION.

   1. 1. Appointment of Minister in charge of education and establishment of Ministry of Education.

   2. 2. Transfer of property and functions to Minister and construction of Acts and documents.

   3. 3. Seal and acts of Minister.

   4. 4. Central Advisory Councils.

   5. 5. Annual report to Parliament.

3. PART II THE STATUTORY SYSTEM OF EDUCATION.

   1. LOCAL ADMINISTRATION.

      1. 6. Local education authorities.

   2. THE THREE STAGES OF THE SYSTEM.

      1. 7. Stages and purposes of statutory system of education.

   3. PRIMARY AND SECONDARY EDUCATION.

      1. Provision and Maintenance of Primary and Secondary Schools.

         1. 8. Duty of local education authorities to secure provision of primary and secondary schools.

         2. 9. County schools, voluntary schools, nursery schools, and special schools.

         3. 10. Requirements as to school premises.

         4. 11. Development plans as to primary and secondary schools.

         5. 12. Local education orders with respect to primary and secondary education.

         6. 13. Establishment and discontinuance of county and voluntary schools.

         7. 14. Restrictions on discontinuance of voluntary schools by managers and governors.

         8. 15. Classification of voluntary schools as controlled schools, aided schools, or special agreement schools.

         9. 16. Transfer of county and voluntary schools to new sites, and substitution of new voluntary schools for old ones.

      2. Management of Primary Schools and Government of Secondary Schools.

         1. 17. Constitution of managers and governors and conduct of county schools and voluntary schools.

         2. 18. Managers of primary schools.

         3. 19. Governors of secondary schools.

         4. 20. Grouping of schools under one management.

         5. 21. Proceedings of managers and governors of county and voluntary schools.

         6. 22. Powers of local education authority as to use and care of premises of voluntary schools.

      3. Secular Instruction and Appointment and Dismissal of Teachers in County and Voluntary Schools.

         1. 23. Secular instruction in county schools and in voluntary schools.

         2. 24. Appointment and dismissal of teachers in county schools and in voluntary schools.

      4. Religious Education in County and Voluntary Schools.

         1. 25. General provisions as to religious education in county and in voluntary schools.

         2. 26. Special provisions as to religious education in county schools.

         3. 27. Special provisions as to religious education in controlled schools.

         4. 28. Special provisions as to religious education in aided schools and in special agreement schools.

         5. 29. Provisions as to religious instruction in accordance with agreed syllabus.

         6. 30. Saving as to position of teachers.

      5. Transitional Provisions as to County and Voluntary Schools.

         1. 31. Transitional provisions as to the separation of primary and secondary schools.

         2. 32. Transitional provisions as to the management and maintenance of voluntary schools.

      6. Primary and Secondary Education of pupils requiring Special Educational Treatment.

         1. 33. Education of pupils requiring special educational treatment.

         2. 34. Duty of local education authorities to ascertain what children require special educational treatment.

      7. Compulsory Attendance at Primary and Secondary Schools.

         1. 35. Compulsory school age.

         2. 36. Duty of parents to secure the education of their children.

         3. 37. School attendance orders.

         4. 38. Additional provisions as to compulsory attendance at special schools.

         5. 39. Duty of parents to secure regular attendance of registered pupils.

         6. 40. Enforcement of school attendance.

   4. FURTHER EDUCATION.

      1. 41. General duties of local education authorities with respect to further education.

      2. 42. Schemes of further education.

      3. 43. County colleges.

      4. 44. Duty to attend county colleges in accordance with college attendance notices.

      5. 45. Administrative provisions for securing attendance at county colleges.

      6. 46. Enforcement of attendance at county colleges.

      7. 47. Interim provisions as to further education.

   5. SUPPLEMENTARY PROVISIONS AS TO PRIMARY, SECONDARY AND FURTHER EDUCATION.

      1. Ancillary Services.

         1. 48. Medical inspection and treatment of pupils.

         2. 49. Provision of milk and meals.

         3. 50. Provision of board and lodging otherwise than at boarding schools or colleges.

         4. 51. Provision of clothing at schools maintained by local education authorities.

         5. 52. Recovery of cost of boarding accommodation and of clothing.

         6. 53. Provision of facilities for recreation and social and physical training.

         7. 54. Power to ensure cleanliness.

         8. 55. Provision of transport and other facilities.

         9. 56. Power to provide primary and secondary education otherwise than at school.

         10. 57. Duty of local education authorities to report to local authorities under 3 and 4 Geo. 5. c. 28 in certain cases.

      2. Employment of Children and Young Persons.

         1. 58. Adaptation of enactments relating to the employment of children or young persons.

         2. 59. Power of local education authorities to prohibit or restrict employment of children.

         3. 60. Effect of college attendance notices on computation of working hours.

      3. Miscellaneous Provisions.

         1. 61. Prohibition of fees in schools maintained by local education authorities and in county colleges.

         2. 62. Duties of Minister and of local education authorities as to the training of teachers.

         3. 63. Exemption from building byelaws of buildings approved by the Minister.

         4. 64. Exemption of voluntary schools from rates.

         5. 65. Endowments for maintenance of voluntary schools.

         6. 66. Power of local education authorities to assist governors of aided secondary schools in respect of liabilities incurred before commencement of Part II.

         7. 67. Determination of disputes and questions.

         8. 68. Power of Minister to prevent unreasonable exercise of functions.

         9. 69. Powers of Minister as to medical examinations and inspections.

4. PART III INDEPENDENT SCHOOLS.

   1. 70. Registration of independent schools.

   2. 71. Complaints.

   3. 72. Determination of complaints.

   4. 73. Enforcement.

   5. 74. Removal of disqualifications.

   6. 75. Proceedings before Independent Schools Tribunals and matters relating thereto.

5. PART IV GENERAL.

   1. GENERAL PRINCIPLE TO BE OBSERVED BY MINISTER AND LOCAL EDUCATION AUTHORITIES.

      1. 76. Pupils to be educated in accordance with the wishes of their parents.

   2. MISCELLANEOUS PROVISIONS.

      1. 77. Inspection of educational establishments.

      2. 78. Provision of certain ancillary services for pupils not in attendance at schools maintained by local education authorities.

      3. 79. Supplementary provisions as to medical inspection and treatment.

      4. 80. Registration of pupils at schools.

      5. 81. Power of local education authorities to give assistance by means of scholarships and otherwise.

      6. 82. Powers of local education authorities as to educational research.

      7. 83. Powers of local education authorities as to educational conferences.

      8. 84. Power of local education authorities to make grants to universities and university colleges.

      9. 85. Power of local education authorities to accept gifts for educational purposes.

      10. 86. Extension of power to make schemes under the Endowed Schools Acts, and modifications of those Acts and of 4 and 5 Vict. c. 38.

      11. 87. Exemption of assurances of property for educational purposes from the Mortmain Acts.

   3. ADMINISTRATIVE PROVISIONS.

      1. 88. Appointment of chief education officers of local education authorities.

      2. 89. Remuneration of teachers.

      3. 90. Compulsory purchase of land and other dealings in land by local education authorities.

      4. 91. Accounts of councils of county boroughs and audit thereof.

      5. 92. Reports and returns.

      6. 93. Power of Minister to direct local inquiries.

      7. 94. Certificates of birth and registrars' returns.

      8. 95. Provisions as to evidence.

      9. 96. Provisions consequential on cessation of functions of former authorities.

      10. 97. Modification of 2 and 3 Geo. 6. c. 94.

      11. 98. Compensation of persons prejudicially affected by this Act.

      12. 99. Powers of Minister in default of local education authorities or managers or governors.

   4. FINANCIAL PROVISIONS.

      1. 100. Grants in aid of educational services.

      2. 101. Special financial provisions relating to Wales and Monmouthshire.

      3. 102. Maintenance contributions payable by the Minister in respect of aided schools and special agreement schools.

      4. 103. Power of the Minister to make grants in respect of aided schools and special agreement schools transferred to new sites or established in substitution for former schools.

      5. 104. Power of the Minister to make grants in respect of aided schools and special agreement schools established for the accommodation of displaced pupils.

      6. 105. Power of the Minister to make loans to aided schools and special agreement schools in respect of initial expenditure.

      7. 106. Contributions between local education authorities.

      8. 107. Expenses of Ministers.

6. PART V SUPPLEMENTAL.

   1. 108. Power to facilitate commencement of Part II.

   2. 109. Power of Minister to authorise local education authorities to provide temporary assistance for voluntary schools.

   3. 110. Power of Minister to adjust variations of rates consequent upon commencement of Part II.

   4. 111. Revocation and variation of orders and directions.

   5. 112. Regulations to be laid before Parliament.

   6. 113. Notices.

   7. 114. Interpretation.

   8. 115. Saving as to persons in the service of the Crown.

   9. 116. Saving as to persons of unsound mind and persons detained by order of a court.

   10. 117. Application to London.

   11. 118. Application to Isles of Scilly.

   12. 119. Commencement.

   13. 120. Amendment of enactments.

   14. 121. Repeal of enactments.

   15. 122. Short title and extent.

7. SCHEDULES.

   1. FIRST SCHEDULE

      LOCAL ADMINISTRATION.

      1. PART I JOINT EDUCATION BOARDS.

         1. 1. Where it appears to the Minister that the establishment of...

         2. 2. A joint education board so constituted shall be a body...

         3. 3. An order constituting a joint education board :—

         4. 4. An order constituting a joint education board shall be laid...

         5. 5. This Part of this Schedule applies to the council of...

      2. PART II EDUCATION COMMITTEES.

         1. 1. Every local education authority shall, in accordance with arrangements approved...

         2. 2. Any two or more local education authorities may, with the...

         3. 3. Where it appears to the Minister to be expedient that...

         4. 4. In the following provisions of this Part of this Schedule...

         5. 5. Every education committee of a local education authority shall include...

         6. 6. At least a majority of every education committee of a...

         7. 7. Every local education authority shall consider a report from an...

         8. 8. A local education authority may authorise an education committee of...

         9. 9. The minutes of proceedings of an education committee of the...

         10. 10. Every education committee of a local education authority may, subject...

         11. 11. Nothing in this Part of this Schedule shall require the...

      3. PART III DELEGATION OF FUNCTIONS OF LOCAL EDUCATION AUTHORITIES TO DIVISIONAL EXECUTIVES.

         1. 1. This Part of this Schedule shall not apply to any...

         2. 2. For the purpose of securing that the functions of local...

         3. 3. As soon as may be after the commencement of Part...

         4. 4. If the council of any borough or urban district has,...

         5. 5. The council of any borough or urban district which is...

         6. 6. Any scheme of divisional administration shall be submitted by the...

         7. 7. A local education authority, before submitting to the Minister any...

         8. 8. Every scheme of divisional administration shall— (a) provide for the...

         9. 9. If on the application of any local education authority, or...

         10. 10. After considering any objections to a scheme of divisional administration...

         11. 11. Any power conferred by this Part of this Schedule on...

         12. 12. If the population of any borough or urban district which...

         13. 13. The minutes of the proceedings of a divisional executive shall...

   2. SECOND SCHEDULE

      TRANSFER TO A LOCAL EDUCATION AUTHORITY OF AN INTEREST IN THE PREMISES OF A VOLUNTARY SCHOOL.

      1. 1. A local education authority and the managers or governors of...

      2. 2. No such agreement shall take effect unless it has been...

      3. 3. The Minister shall not approve any such agreement unless he...

      4. 4. Before approving any such agreement, the Minister shall consider any...

      5. 5. An agreement under this Schedule may provide for the transfer...

      6. 6. Where any agreement made under this Schedule has been approved...

      7. 7. Where any person other than the managers or governors of...

      8. 8. In this Schedule, the expression " premises " includes a...

   3. THIRD SCHEDULE

      SPECIAL AGREEMENTS IN RESPECT OF CERTAIN VOLUNTARY SCHOOLS.

      1. 1. Where proposals for the establishment of a school or for...

      2. 2. If upon the application of any persons interested in any...

      3. 3. No agreement shall be made under this Schedule after the...

      4. 4. Any such agreement shall provide for the making of a...

      5. 5. The amount of the grant to be made in pursuance...

      6. 6. Where the agreement relates to proposals for the establishment of...

      7. 7. Any agreement made under this Schedule may provide for the...

      8. 8. Any agreement made by a local education authority under this...

      9. 9. Where a grant has been made in respect of any...

      10. 10. Where an agreement has been made under this Schedule in...

      11. 11. Where any local authority have, before the date of the...

   4. FOURTH SCHEDULE

      MEETINGS AND PROCEEDINGS OF MANAGERS AND GOVERNORS.

      1. 1. The quorum of the managers or governors shall not be...

      2. 2. The proceedings of the managers or governors shall not be...

      3. 3. Every question to be determined at a meeting of the...

      4. 4. The managers or governors shall hold a meeting at least...

      5. 5. A meeting of the managers or governors may be convened...

      6. 6. The minutes of the proceedings of the managers or governors...

   5. FIFTH SCHEDULE

      PROCEDURE FOR PREPARING AND BRINGING INTO OPERATION AN AGREED SYLLABUS OF RELIGIOUS INSTRUCTION.

      1. 1. For the purpose of preparing any syllabus of religious instruction...

      2. 2. For the purpose of constituting such a conference as aforesaid,...

      3. 3. Before appointing a person to represent any denomination or associations...

      4. 4. A person so appointed may resign his membership of any...

      5. 5. The conference shall consist of the committees aforesaid and it...

      6. 6. Where the local education authority propose to adopt more than...

      7. 7. Any sub-committees appointed by the conference shall include at least...

      8. 8. Upon any question to be decided by the conference or...

      9. 9. If the conference unanimously recommend any syllabus of religious instruction,...

      10. 10. If the authority report to the Minister that the conference...

      11. 11. The body of persons so appointed :—

      12. 12. Whenever a local education authority are of opinion (whether upon...

   6. SIXTH SCHEDULE

      CONSTITUTION OF INDEPENDENT SCHOOLS TRIBUNALS.

      1. 1. For the purpose of enabling Independent Schools Tribunals to be...

      2. 2. No person shall be qualified to be appointed to the...

      3. 3. Any person appointed to be a member of either of...

      4. 4. Where any appeal is required to be determined by an...

   7. SEVENTH SCHEDULE

      ADJUSTMENT OF VARIATIONS OF RATES CONSEQUENT UPON COMMENCEMENT OF PART II OF THIS ACT.

      1. PART I

         1. 1. For the purposes of this Schedule, the following expressions have...

         2. 2. The Minister shall ascertain the amount of the standard rateborne...

         3. 3. The aggregate of the amounts of the standard rateborne expenditure...

         4. 4. The amount in the pound ascertained in respect of any...

         5. 5. The Minister shall ascertain in the case of every elementary...

      2. PART II

         1. 1. If the rate disadvantage of any elementary education authority in...

         2. 2. Any such order shall come into operation on the date...

         3. 3. The number of years during which (subject to the provisions...

         4. 4. An order made under this Part of this Schedule for...

         5. 5. The amount by which the precept issued to a rating...

   8. EIGHTH SCHEDULE

      AMENDMENT OF ENACTMENTS.

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

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

   9. NINTH SCHEDULE

      ENACTMENTS REPEALED.

      1. PART I ENACTMENTS REPEALED FROM DATE OF COMMENCEMENT OF PART II OF THIS ACT.

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