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Education Act 1944 (repealed 1.11.1996)

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Changes over time for: Cross Heading: Employment of Children and Young Persons

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Version Superseded: 01/11/1996

Status:

Point in time view as at 01/04/1994.

Changes to legislation:

There are currently no known outstanding effects for the Education Act 1944 (repealed 1.11.1996), Cross Heading: Employment of Children and Young Persons. Help about Changes to Legislation

Employment of Children and Young PersonsE+W

58 Adaptation of enactments relating to the employment of children or young persons.E+W

For the purposes 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 compulsory school age shall be deemed to be a child within the meaning of that enactment.

[F159 Power of local education authorities to prohibit or restrict employment of children.E+W

(1)If it appears to a local education authority that any child who is a registered pupil at a county school, voluntary school, or special school, is being employed in such manner as to be prejudicial to his health or otherwise to render him unfit to obtain the full benefit of the education provided for him, the authority may, by notice in writing served upon the employer, prohibit him from employing the child, or impose such restrictions upon his employment of the child as appear to them to be expedient in the interests of the child.

(2)A local education authority may, by notice in writing served upon the parent or employer of any child who is a registered pupil at a county school, voluntary school, or special school, require the parent or employer to provide the authority, within such period as may be specified in the notice, with such information as appears to the authority to be necessary for the purpose of enabling them to ascertain whether the child is being employed in such a manner as to render him unfit to obtain the full benefit of the education provided for him.

(3)Any person who employs a child in contravention of any prohibition or restriction imposed under subsection (1) of this section, or who fails to comply with the requirements of a notice served under subsection (2) of this section, shall be guilty of an offence against this section and liable on summary conviction, in the case of a first offence to a fine not exceeding [F2level 1 on the standard scale], in the case of a second offence to a fine not exceeding [F2level 1 on the standard scale], and in the case of a third or subsequent offence to a fine not exceeding [F2level 1 on the standard scale] or to imprisonment for a term not exceeding one month or to both such fine and such imprisonment.

(4)Subsection (1) and subsection (3) of section twenty-eight of the M1Children and Young Persons Act 1933 (which relate to powers of entry for the enforcement of the provisions of Part II of that Act with respect to the employment of children) shall apply with respect to the provisions of any notice served under this section as they apply with respect to the provisions of the said Part II.]

Textual Amendments

Modifications etc. (not altering text)

C1S. 59 extended (1.9.1994) by S.I. 1994/2103, reg. 2, Sch. 1 Pt. I para.1.

C2Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 35 (in relation to liability on first and subsequent convictions) applies

Marginal Citations

60, 61. F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
62†Duties of Minister and of local education authorities as to the training of teachers.E+W

(1)In execution of the duties imposed on him by this Act, the [F4Secretary of State for Education and Science] shall, in particular, make such arrangement as he considers expedient for securing that there shall be available sufficient facilities for the training of teachers for [F5service in schools maintained by local education authorities, grant-maintained schools [F6institutions within the further education sector] and institutions which are maintained by such authorities and provide higher education or further education (or both)].

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F4Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

Modifications etc. (not altering text)

C3Unreliable marginal note.

C4S. 62(1) applied (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt.I.

C5S. 62(1) applied (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt.I.

63 Exemption from building byelaws of buildings approved by the Minister.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(2)Where plans for [F9or particulars in respect of] any building required for the purposes of any school or other educational establishment are approved by the [F10Secretary of State for Education and Science], he may by order direct that any provision of any local Act or of any byelaw made under such an Act shall not apply in relation to the building or shall apply in relation thereto with such modifications as may be specified in the order.

64 F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
65 Endowments for maintenance of voluntary schools.E+W

Where any sums which accrue after the date of the commencement of this Part of this Act in respect of the income of any endowment are required by virtue of the provisions of any trust deed to be applied towards the maintenance of a school which a local education authority are required to maintain as a voluntary school, the said sums shall not be payable to the local education authority, but shall be applied by the . . . F12 governors of the school towards the discharge of their obligations, if any, with respect to the maintenance of the school, or in such other manner, if any, as may be determined by a scheme for the administration of the endowment made after the date of the commencement of this Part of this Act.

Textual Amendments

66 F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
67 Determination of disputes and questions.E+W

(1)Save as otherwise expressly provided by this Act, any dispute between a local education authority and the . . . F14 governors of any school with respect to the exercise of any power conferred or the performance of any duty imposed by or under this Act, may, notwithstanding any enactment rendering the exercise of the power or the performance of the duty contingent upon the opinion of the authority or of the . . . F14 governors, be referred to the [F15Secretary of State for Education and Science]; and any such dispute so referred shall be determined by him.

(2)Any dispute between two or more local education authorities as to which of them is responsible for the provision of education for any pupil . . . F16 shall be determined by the [F15Secretary of State for Education and Science.]

(3)Where any trust deed relating to a voluntary [F17or grant-maintained] school makes provision whereby a bishop or any other ecclesiastical or denominational authority has power to decide whether the religious [F18education] given in the school which purports to be in accordance with the provisions of the trust deed does or does not accord with those provisions, that question shall be determined in accordance with the provisions of the trust deed.

[F19(4)If in the case of a county [F20voluntary or grant-maintained] school a question arises whether a change in the character of the school or enlargement of the school premises would be a significant change or enlargement, that question shall be determined by the Secretary of State.]

F21(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

68†Power of Minister to prevent unreasonable exercise of functions. E+W

If the [F22Secretary of State for Education and Science] is satisfied, either on complaint by any person or otherwise, that any local education authority or the . . . F23 governors of any county or voluntary school have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under this Act, he may, notwithstanding any enactment rendering the exercise of the power or the performance of the duty contingent upon the opinion of the authority or of the . . . F23 governors, give such directions as to the exercise of the power or the performance of the duty as appear to him to be expedient.

[F24In 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, . . . F25, to exercise functions of such an authority.]

69†Powers of Minister as to medical examinations and inspections.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

(2)Where any question is referred to the [F27Secretary of State for Education and Science] under this Part of this Act, then, if in the opinion of the [F27Secretary of State for Educationnand and Science] the examination of any pupil by a duly qualified medical practitioner appointed for the purpose by him would assist the determination of the question referred to him, the [F27Secretary of State for Education and Science] may by notice in writing served on the parent of that pupil . . . F28 require the parent to submit him . . . F28 for examination by such a practitioner; and if any person on whom such a notice is served fails without reasonable excuse to comply with the requirements thereof, he shall be liable on summary conviction to a fine not exceeding [F29level 1 on the standard scale].

Textual Amendments

F27Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

Modifications etc. (not altering text)

C25Unreliable marginal note.

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