PART VGeneral.

Miscellaneous.

83Effect of attendance notices on computation of working hours.

(1)Where a young person is employed in any employment with respect to which a limitation upon the number of working hours during which he may be employed in that employment otherwise, than by way of overtime in any week is imposed by or under any enactment, any period of attendance at a junior college required of him during that week by an attendance notice served on him shall, for the purposes of the limitation, be deemed to be time during which he has been so employed in that week.

(2)Where a young person employed in any employment is entitled by or under the provisions of any enactment or of any agreement to overtime rates of pay in respect of any time during which he is employed in that employment on any day or in any week in excess of any specified number of hours or before or after any specified hour, any period of attendance at a junior college, required of him on that day or during that week by an attendance notice served on him shall, for the purposes of those provisions, be deemed to be a period during which he was employed in that employment otherwise than in excess of the specified number of hours or before or after the specified hour, as the case may be.

84Adaptation of enactments relating to employment of children and young persons.

(1)For the purpose 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 school age shall be deemed to be a child within the meaning of that enactment.

(2)For the purposes of any byelaws under Part III of the Children and Young Persons (Scotland) Act, 1937, the expression " child " shall have the same meaning as it has for the purposes of the said Part III.

85Exemption from rates.

No assessment or rate under any general or local Act for any county, burgh or other local purpose shall be assessed or levied upon or in respect of any land or building used exclusively or mainly for the purposes of the premises of a special school or orphanage in respect of which grants may be paid under paragraph (c) of section fifty-six of this Act, except to the extent of any profit derived by the managers from the letting thereof.

86Amendment of enactments.

(1)In relation to any young person punishable under this Act or under section seventy-eight of the Unemployment Insurance Act, 1935, subsection (3) of section fifty-six and section fifty-eight of the Children and Young Persons (Scotland) Act, 1937, (which relate to the substitution of other punishments -for imprisonment), shall have effect as if references therein to a young person included references to any person who has not attained the age of eighteen years.

(2)Any reference in an enactment passed before the appointed day to a school in receipt of a parliamentary grant shall, unless the context otherwise requires, be construed as a reference to a school other than an independent school.

(3)The amendments specified in the third column of the Fourth Schedule to this Act, being amendments of a minor or consequential nature, shall be made in the enactments specified in the first and second columns of that Schedule.

87Interpretation.

(1)In this Act, unless the context otherwise requires, the following expressions have the meanings respectively assigned to them :—

(2)Where any function is delegated by one body to another in pursuance of this Act, that other body shall have power to exercise the function in like manner in all respects as the first mentioned body could have exercised it had there been no delegation, and, save as otherwise provided in the administrative scheme, to enter into any contract or execute any deed necessary for that purpose.

(3)Any person who before the date when section twenty-three of this Act comes into operation has attained an age at which under the Education (Scotland) Acts, 1872 to 1942, his parent ceased to be under obligation to provide efficient education for him shall be deemed to be over school age, and any person who after the said date ceases to be of school age shall not in the event of any subsequent change in the upper limit of school age again become a person of school age.

(4)In this Act, unless the context otherwise requires, references to any enactment or any provision of any enactment shall be construed as references to that enactment or provision as amended by any subsequent enactment, including this Act.

(5)Any minute, rule, regulation, order or scheme, passed or made, or any certificate, direction or approval given, or thing done under any enactment repealed or amended by this Act, shall, if in force at the appointed day, continue in force notwithstanding such repeal or amendment in like manner as if it had been passed, made, given or done under this Act.

88Repeal of obsolete enactments.

The enactments set out in the Fifth Schedule to this Act, being enactments which, to the extent specified in the third column of that Schedule, have by lapse of time or otherwise become unnecessary or obsolete, shall to that extent be repealed :

Provided that, without prejudice, to the provisions of section thirty-eight of the [52 & 53 Vict. c. 63.] Interpretation Act, 1889, nothing in this' repeal shall affect—

(i)the validity of any scheme under the Educational Endowments (Scotland) Act, 1882, in force at the appointed day; or

(ii)the title of an education authority to any property vested in or held in trust for them at the appointed day ; or

(iii)the terms and conditions upon which any officer of an education authority holds his office or the powers of an education authority in relation thereto.

89Citation, repeal and commencement.

(1)This Act may be cited as the Education (Scotland) Act, 1945, and the Education (Scotland) Acts, 1872 to 1942, the Education (Scotland) (Superannuation) Acts, 1919 to 1939, the Educational Endowments (Scotland) Act, 1882, the Educational Endowments (Scotland) Acts, 1928 to 1935, the Highland Schools Act, 1873, and this Act shall be construed as one, and may be cited together as the Education (Scotland) Acts, 1872 to 1945.

(2)The enactments set out in the Sixth Schedule to this Act shall be repealed to the extent specified in the third column of that Schedule.

(3)Save as otherwise expressly provided this Act shall come into operation on the appointed day, and the appointed day shall be such day as the Secretary of State may appoint, and different days may be appointed for different purposes and different provisions of this Act : Provided always that the day appointed for the coming into operation of section twenty-three shall be not later than the first day of April nineteen hundred and forty-six and the day appointed for the coming into operation of sections twenty-nine to thirty-one and eighty-three shall be not later than three years after the date on which the upper limit of the school age is raised to fifteen.