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Education Act 1946

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This is the original version (as it was originally enacted).

PART I

Section fiftyFor the word " child", wherever that word occurs, there shall be substituted the word " pupil ".
Section sixty-eight

At the end of the section there shall be inserted the following words :—

In this section, references to a local education authority shall be construed as including references to any body of persons authorised, in accordance with the First Schedule to this Act, or in accordance with section thirteen of the Education Act, 1946, to exercise functions of such an authority.

Section seventy-three

After subsection (4), there shall be inserted the following subsection :—

(5)For the purposes of the foregoing provisions of this Part of this Act, a person who is disqualified by an order made under Part IV of the Education (Scotland) Act, 1945, from being the proprietor of an independent school or from being a teacher in any school shall be deemed to be so disqualified by virtue of an order made under this Part of this Act.

Section eighty-sixIn subsection (1), the words " for the pupils in attendance at a voluntary school" shall be omitted.
Section one hundred and thirteen.For the word " notice " there shall be substituted the words " order, notice or other document. "
Part III of the First Schedule.

At the end of paragraph 3 there shall be inserted the following proviso :—

Provided that where the Minister has under the last preceding paragraph, made an order directing that this Part of this Schedule shall not apply to a local education authority, then, if the order is subsequently revoked, the provisions of this paragraph shall have effect in relation to that authority as if for the reference to the commencement of Part II of this Act there were substituted a reference to the date of the revocation of the order.

In paragraph 5, the words " and shall transmit the scheme to the local education authority for submission to the Minister" shall be omitted.

For paragraph 7 there shall be substituted the following paragraph :—

7(1)A local education authority shall, before making a scheme of divisional administration, consult the council of every county district in the area of the authority, and the council of a borough or urban district which is an excepted district shall, before making any such scheme, consult the council of every other county district in the area of the local education authority, and for the purpose of complying with this sub-paragraph the authority or council making the scheme shall furnish a statement of their proposals, in the form of a draft scheme, to the councils who are to be consulted :

Provided that if in any particular case the Minister is satisfied that compliance with the requirements of this sub-paragraph is unnecessary, the Minister may give directions dispensing with those requirements in that case.

(2)Where the council of a county district have made a scheme of divisional administration, they shall transmit the scheme to the local education authority for submission to the Minister.

(3)Before any scheme of divisional administration is submitted by a local education authority to the Minister in accordance with the requirements of paragraph 6 of this Part of this Schedule, the authority or council by whom the scheme was made shall publish such notices with, respect thereto as may be prescribed :

Provided that if, in relation to any particular scheme, the Minister is satisfied that the publication of prescribed notices is unnecessary, he may direct that the prescribed notices shall, in relation to that scheme, be deemed to have been published if in lieu of publishing those notices the authority or council publish such other notices as may be specified in the direction ; and where any such direction is given in relation to any scheme the reference in paragraph 10 of this Part of this Schedule to the prescribed notices shall, in relation to that scheme, be construed as a reference to the notices so specified.

At the beginning of paragraph 8 there shall be inserted the words " Subject as hereinafter provided. "

For paragraph 9 there shall be substituted the following paragraph :—

9(1)If on the application of any local education authority the Minister is satisfied that it is expedient that any functions under this Act relating to further education should be exercised on behalf of the authority either—

(a)by divisional executives constituted under this Part of this Schedule for the purpose of exercising functions in relation to primary or secondary education ; or

(b)by divisional executives specially constituted for the purpose of exercising functions relating to further education ;

the Minister may direct that provision for that purpose may be made by scheme of divisional administration.

(2)If on the application of the council of any borough or urban district which is an excepted district the Minister is, after consultation with the local education authority, satisfied that it is expedient that any functions under this Act relating to further education should be exercised on behalf of the authority by the council acting as a divisional executive, the Minister may direct that provision for that purpose may be made by a scheme of divisional administration.

(3)In relation to any scheme of divisional administration to be made under this paragraph, the Minister may give directions dispensing with any of the requirements of paragraph 8 of this Part of this Schedule if he is satisfied that, in the case of that scheme, compliance with that requirement is unnecessary having regard to the contents of any other scheme of divisional administration which is for the time being in force.

In paragraph 10, for the words " two months from " there shall be substituted the words " one month beginning with " ; and after the word " published " there shall be inserted the words " or within such longer period beginning with that date as the Minister may in any particular case determine to be appropriate ".

For paragraph 11, there shall be substituted the following paragraph :—

11(1)A local education authority or the council of a borough or urban district which is an excepted district may, with the consent of the Minister, make schemes of divisional administration for varying, revoking or supplementing any scheme of divisional administration previously made by that authority or council, or for replacing any such scheme by a fresh scheme of divisional administration ; and if at any time the Minister is of opinion that an authority or council ought to make a scheme of divisional administration under this paragraph for any purpose, he may direct them to make such a scheme for that purpose.

(2)Where the Minister has, under this paragraph, given his consent to or directions for the making of any scheme, he may, if he thinks fit, direct that the requirements imposed by paragraph 8 of this Part of this Schedule shall be dispensed with, either wholly or in part, in relation to that scheme.

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