Grants and other payments by education authorities and Secretary of State in Scotland
5Amendment of s. 43 of Scottish Act of 1946
(1)For section forty-three of the Scottish Act of 1946 there shall be substituted the following section, that is to say—
“43Power of education authorities to assist persons to take advantage of educational facilities.
(1)Subject to the following provisions of this section an education authority shall have power to grant, on such conditions as may be prescribed, and make payments in pursuance of, bursaries, scholarships or other allowances to persons over school age attending courses of full-time or part-time education (whether held in Great Britain or elsewhere) which are not courses of primary or secondary education or (in the case of courses held outside Great Britain) are not courses of education comparable to primary or secondary education in Great Britain.
(2)Subject to the following provisions of this section an education authority shall have power, for the purpose of enabling persons to take advantage without hardship to themselves or their parents of the facilities for primary or secondary education available to them, to grant, on such conditions as may be prescribed, and make payments in pursuance of, allowances for the purpose of defraying in whole or in part—
(a)such expenses of persons attending any school as may be expedient to enable them to take full part in the activities of the school;
(b)the fees and expenses payable in respect of persons attending schools at which fees are payable;
(c)the maintenance expenses of persons over school age who are attending schools.
(3)The Secretary of State may make regulations providing that the powers conferred on an education authority by subsections (1) and (2) of this section—
(a)shall be exercised in accordance with such provisions as may be prescribed by or under the regulations ; and
(b)shall not be exercised in relation to a person who does not fulfil such requirements as to residence in the area of the authority, or as to other matters, as may be specified in the regulations;
and regulations made under this subsection may contain provision for the determination by the Secretary of State of any question whether any such requirements are fulfilled in any particular case.”
(2)Any scholarship, bursary or other allowance granted under the said section forty-three before the date of commencement of this Act and any regulations made under that section before that date, if in force at the commencement of this Act, shall continue to have effect as if granted or made under the said section forty-three as amended by this section.
6Amendment of s. 70 of Scottish Act of 1946
Paragraph (10) of section seventy of the Scottish Act of 1946 (which empowers the Secretary of State to make payments for the purpose of enabling persons to take advantage of educational facilities) shall have effect with the substitution, for the words from " for the purpose of " to the end of the paragraph, of the words " to persons attending courses of education ".