>^)^< I './> THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES THE EDUCATION ACT, 1902. WORKS BY THE SAME AUTHOR. Second Edition, Demy 8vo., price 3s. 6d. rpHE PEINOIPLES of the LAW of EVIDENCE PECULIAR JL to CEIMINA.L CASES as altered by the Criminal Evidence Act 1898, with the Test of that Statute Annotated, and Reports of the Cases decided thereunder. By Ernest Arthur Jelf, M.A., of New College, Oxford ; Barrister-at-Law of the Honourable Society of the Inner Temple and of the South-Eastern Circuit ; Author of " Where to Find Your Law" : and Editor of "The Corrupt and Illegal Practices Prevention Acts 1883-1895." " No person is to be required to explain or contradict until enough has been proved to warrant a reasonable and just conclusion against him in the absence of explanation or contradiction. But when such proof has been given, and the nature of the case is such as to admit of explanation or contradiction, if the conclusion to which the proof tends be untrue, and the accused offers no explanation or contradiction, can human reason do otherwise than adopt the conclusion to which the proof tends ? " From a judgment of Abbott, C. J. {see page 17). [1899. Second Edition, greatly Enlarged, price 10s. 6d., post free. WHERE TO FIND YOUR LAW. Being a Discursive Bibliographical Essay upon the various Divisions and Sub- Divisions of the Law of England, and the Statutes, Reports of Cases, and Text Books containing sitch Law, with Appendixes for Facilitating Reference to all Statutes and Reports of Cases, and with a Full Index. By Ernest Arthur Jelf, M.A., of New College, Oxford, Barrister- at-Law of the Honourable Society of the Inner Temple, and of the South-Eastern Circuit. [1900. " With such a volume at hand, none need be in a difficulty as to finding his law." — Liverpool Daily Courier. LONDON: HOK.VCE COX, "LAW TIMES " OFFICE, WINDSOR HOUSE, BrKAM'S Buildings, E.O. THE EDUCATION ACT, 1902 [2 Edw. TfcAP. 42], WITH AN INTEODUCTION AND INDEX AND SHORT NOTES, ERNEST ARTHUR JELF^ M.A., Of New College, Oxford, Barristee-at-Law of the Honourable Society of the Inner Temple, and of the South-Eastebn Circdit. Author of " Where to Find your Law"; and Editor of "The Criminal Evidence Act, 1898," and " The Corrupt and Illegal Practices Prevention Acts, 1883-1895." London : HORACE COX, LAW TIMES" OFFICE, BREAM'S BUILDINGS, E.C. 1903. LONDON : printed by horace cox, windsor house, imieam's buildings, e.c. PEEFAOE. ^ This is intended to be a workina* manual of the 0= 3 New Act for immediate use. The introduction Q shows the changes introduced in the law by the 22 new Act, and the text of the Act itself follows CO '-i with a few short notes. The pages in the index Q refer, with a few exceptions, to the latter. ERNEST A. JELF. o -— 9, Einn's Bench Walk, § Temple, E.C. 3C 395994 co:ntents. Page Introduction, containing an explanatory paraphrase of the Education Act, 1902 1 Text of the Act with notes : — gggf Part I. — Local Education Authority. 1. Local education authorities 45 Part II. — Higher Education. 2. Power to aid higher education 46 3. Concurrent powers of smaller boroughs and urban districts 47 4. Religious instruction 47 Part III. — Elementary Education. 5. Powers and duties as to elementary education 48 6. Management of schools 49 7. Maintecance of schools 49 8. Provision of new schools 52 9. Necessity of schools 53 10. Aid grant 53 11. Managers 54 12. Grouping of schools under one management 56 13. Endowments 57 14. Apportionment of school fees 58 15. Schools attached to institutions 58 16. Power to enforce duties under Elementary Education Acts 58 viii Contents. Sect. Pai^t IV.— General. p^^^^ 1 7. Education committees 59 18. Expenses 62 19. Borrowing 65 20. Arrangements between councils 66 21. Provisional orders and schemes 67 22. Provision as to elementary and higher education powers respectively 69 23. Miscellaneous administration provisions 69 24. Interpretation 71 25. Provisions as to proceedings, transfer, &c., applica- tion of enactments, and repeal 72 26. Application of Act to Scilly Islands 72 27. Extent, commencement, and short title 72 Schedules 77 Index 95 THE EDUCATION ACT, 1902. (NOT EXTENDING TO SCOTLAND OE IRELAND, NOR EXCEPT AS EXPRESSLY PROVIDED TO LONDON.) The Education Act, 1902, has for its principal object the general co-ordination of all forms of education from the highest to the lowest. The reform as to " higher education " is of a sweeping character. The Act altogether repeals the Technical Instruction Acts, 1889 and 1891, which prescribed the conditions under which hitherto the local authority might supply or aid the supply of technical or manual instruction out of the local rate. The powers o£ the local authority Avhich are thus abolished were of the most limited description, and need not be further considered here ; but the powers given to the Local Education Authority, as constituted by the new Act, are of an immensely wide character. Not less important are the alterations made in the law of " Elementary Education." The present Act must be regarded as the coping-stone of the great code of Elementary Education law, which has resulted from the labours of the last 1 B For the Text of the Act of 1902 [annotated), see pages 45 to 94. two-and-thirty years, and whicli is contained in tlie Elementary Education Acts, 1870-1902. It is not possible within tlie limits of this little book to set forth that great code, and still less possible to include the whole Education Law of the country. Our object here is to explain the important enactment which has just been added to the Statute roll^ and that enactment only, though, of course, it will be necessary in so doing to refer to the earlier Acts. Most of those who will be studying the new Statute have already a general acquaintance with the pre-existing law : and the Elementary Education Acts have been admirably collected and annotated by Sir Hugh Owen, K.O.B., to whose valuable work all can have recourse.* As, however, the whole of the new Act, so far as it concerns Elementary Education, is only com- prehensible by reference to the principal Statute of 1870, of which it is indeed a modification, we must, in order to make ourselves understood, briefly recall, in the first place, the general scheme of that Act. The scheme of the Education Act, 1870, may be very generally stated as follows : — The country was divided into school districts, which, except in the case of London and Oxford, * " The Education Acts Manual." 19tli Ed. London ; Kuight and Co. 1902. 2 For the Text of the Act of 1902 {annotated), see pages 45 to 94. were conterminous with the borough or the parish : and the Act was intended to secure a sufficient amount of accommodation in public elementary schools in every school district. When in any district it was insufficient, and the deficiency was not made good as required by the Act, a school boai'd was to be formed to supply it. Every elementary school was a public elementary school in the sense here to be understood if it conformed to certain regulations,* which provided in effect * The exact words of these important regulations were as follows : — (1) It shall not be required as a condition of any child being admitted into or continuing in the school that he shall attend or abstain from attending any Sunday school, or any place of religious worship, or that he shall attend any religious observance or any instruc- tion in religious subjects in the school or elsewhere, from which observance or instruction he may be withdrawn by his parent, or that he shall, if with- drawn by his parent, attend the school on any day exclusively set apart for religious observance by the religious body to which his parent belongs. (2) The time or times during which any religious observance is practised or instruction in religious subjects is given at any meeting of the school shall be either at the beginning or at the end or at the beginning and the end of such meeting, and shall be inserted in a time- table to be approved by the Education Department, and to he kept permanently and conspicuously affixed in every schoolroom : and any scholar may be with- drawn by his parent from such observance or instruc- tion without forfeiting any of the other benefits of the school. (3) The school shall be open at all times to the inspection of any of Her Majesty's inspec:tors, so, however, that it shall be no part of the duties of su h inspector to inquire into any instruction in religious subjects given 3 B 2 For the Text of the Act of 1902 [annotated), see pages 45 to 94. that religious instruction or observances were not to be compulsory, that time for such instruc- tion or observances must be at tbe beginning or end of the school meeting, that the schools must be open to non-religious inspection, and must be conducted in accordance with the conditions required to obtain a parliamentary grant. The Education Department was to form a school board in the case of the deficiency above- mentioned — the school board being a corporation elected by the burgesses in a borough, and the ratepayers in a parish. The schools provided by the board had to be public elementary schools in the sense a])Ove set forth, and no religious catechism or religious formulary which was dis- tinctive of any particular denomination'^ was to be taught in them. School boards might by the bye-laws compel the attendance of every child of from five to thirteen years of age, unless the child were receiving sufficient instruction other- wise, or were prevented by sickness, or the at such school, or to examine any scholar therein in religious knowledge or in any religious subject or book. (4) The school shall be conducted in accordance with the conditions required to be fulfilled by an elementary school in order to obtain an annual parliamentary grant. (33 & 34 Vict. c. 75, sect. 7.) * 33 and 34 Vict. c. 75, sect. 14 — known as the " Cowper- Temple " clause, and still regulating the law as to rate- provided schools— the new Act having made no alteration in this respect. For tilt' Te,v( of fhe Act of 19U2 [annoiated), see pages 45 to 94. distance from school were prohibitive. The whole Statute contained 100 sections and five schedules, and a considerable fraction of its provisions yet remain intact. Four later enactments must be also shortly mentioned : — The Education Act, 1876, made it the duty of the parent of every child to cause such child to receive efficient elementary instruc- tion in readinsf, writing, and arithmetic, and provided for the enforcement of this duty, by school boards and school attendance committees. The Education Act, 1880, made further pro- vision as to bye-laws respecting the attendance of children at school under the Elementary Education Acts. The Education Act, 1891, empowered the Education Department to provide free school accommodation. The Voluntary Schools Act, 1897, provided for a grant out of the Exchequer in aid of volun- tai-y elementary schools, and for the exemption from rates of these schools. The expression " voluntary school " was defined to mean a public elementary day school not provided by a school board. Ever since the carrying into operation of the Act of 1870, there have existed, side-by-side, 5 For the Text of the Act of 19U2 {annotated), see Images 45 to 94. these two classes of public elementary schools — ■ those provided by a school board, and those not so provided. They have been commonly described as " board schools," and " voluntary schools.''^ The above summary is sufficient for our pur- pose. It is not sufficient to explain the Educa- tion Law of the country', but it is sufficient to explain what changes in that law have been made by the tStatute before us. The Education Act_, 1902, is divided into four parts, which it will be best to explain separately. PART I. LOCAL EDUCATION AUTHORITY. This part coutains one section only, viz., the first, by which section it is enacted that, for the purposes of the Act, the council of every county {i.e., a council elected by the persons registered as county electors — the council con- stituted by the Local Governmeut Act, 1888, Sect. 1) and of every county borough {i.e., as constituted by Sect. 54 (1) {d) of the same Local Grovernment Act) shall be " the local education authority." The " local education authority '' is a term of art, and must be read with reference to later l)arts of the Statute. It d( es not, of course, G For the Text of the Act of 1902 {avnotated), see pages 45 to 94. mean the only education authority for all purposes. There is a proviso that the council of a borough {i.e., as constituted by Sect. 10 of the Municipal Corporations Act, 1882), in the case of a borough with a population of over 10,000 (reckoned by the census of 1901), or the council of an urban district {i.e., as constituted by Sect. 23 of the Local Government Act, 1894), in the case of an urban district of over 20,000 (reckoned by the same census), shall, as respects that borough or district, be ''the local educa- tion authority" for the purpose of Part III. of the Act (which is the Part dealing with Ele- mentary Education). Here, again, "the local education authority " is a term of art, and must be read with reference to later parts of the Statute. It does not, of course, mean the only educational authority for all purposes. If it be once understood that the councils named in the first part of the Act are to be respectively the " local education authority,^' in the sense that they are to have the powers and duties given to "the local education authority '' in the later parts of the Act, then there can be no further difficulty in connection with this first part of the Act. For the Text of the Act of 1902 [annotated], see pages 45 to 94. PART II. HIGHEE EDUCATION. This part consists of tliree sections^ viz. : Sects, 2, 3, and 4. 'J'he eifect of the second section is that the " local education authority " (as defined in the principal part of Sect. 1 before the proviso) are to consider the educational needs of their area and take such steps as seem to them desirable, after consultation with the Board of Education (as established in 1899 by the Statute 62 & 63 Vict. c. 33), to supply or aid the supply of education other than ele- mentary and to promote the general co-ordina- tion of all forms of education, and for that purpose are to apply all or so much as they may deem necessary of a certain fund which for the moment we will describe by its popular name of the " Whiskey Money/^ and to carry forward for the like purpose am' balance thereof Avhich may remain unexpended, and they may also spend such further sums as they think fit. There are two funds, then, at the disposal of the " local education authority " for this purpose : (a) the " Whiskey Money " and [h) the "further sums." Let us consider each of them in turn. 8 For the Text of the Act of ] 902 (annotated), see pages 45 to 94. (a) The '' Whiskey Money " fund came about in this way.^ In 1890, certain local taxation (customs and excise) duties (levied inter alia on whiskey) having- been directed to be paid to the same local account as the local taxation probate duty, it became necessary to make legal pro- vision for the distribution and application of the duties so paid. At first it was proposed by the Government to employ a substantial part of this sum in compensating publicans for the loss of their business. But Parliament showed great unwillingness to assent to such an appropriation of the funds, and the Local Taxation (Customs and Excise) Act, 1890, was passed, practically permitting the application annually of the whole fund (after deducting £300,000 for purposes of police superannuation) to the encouragement of technical education, within the meaning of the Technical Instruction Acts. This residue — all after the £300,000— is the fund which the " local education authority " (as defined by the first part of Sect. 1 of the new Act) may now spend on " supplying and aiding the supply of education other than elementary, and pro- moting the general co-ordination of all forms of education." * Vide Hansard, Vol. 344, col. 701. and sncceeding debates. Also the article by Sir John Fitch in the new volumes of the " Encyclopajdia Britannica, ' Vol. XXVIl., p. 668. 9 B 3 For the Text of the Act of 1902 {annotated), see pages 45 to 94. (6) Tlie " such furtlier sums as they think fit " which may be expended by the local education authority for the same purpose, must, of coursCj be raised principally out of the rates. But to this there is a limit fixed by the proviso to this second section^ which runs as follows : " Provided that the amount raised by the council of a county for the purpose in any year out of rates under this Act shall not exceed the amount which would be produced by a rate of 2fZ. in the t, or such higher rate as the county council with the consent of the Local Government Board may fix." A council in exercising their powers under this part of the Act are to have regard to any existing supply of efficient schools or colleges, and to any steps already taken for the purposes of higher education under the Technical Instruc- tion Acts, 1889 and 1891. By the third section, the council of any non- county borough (as constituted by Sect. 10 of the Municipal Corporations Act, 1882), or urban district (as constituted bj^ Sect. 23 of the Local Government Act, 1894) retain the power which they possessed before under the Technical Instruction Act, 1889, of spending such sums as they think fit for the purpose of supplying or aiding the supply of education other than elementary. They are to have this power concurrently with the county council. 10 For the Text of the Ad of 1902 [annotated), see pages 45 to 94. To this there is again a proviso. " Provided that the amount raised by the council of a non- county borough or urban district for the pur- pose in any year' out of rates under this Act shall not exceed the amount which would be produced by a rate of Id. in the £." By the fourth section, it is euacted that a council, in the application of money under this part oF the Act, are not to require that any particular form of religious instruction or wor- ship, or any religious catechism or formulary which is distinctive of any particular denomina- tion, shall or shall not be taught, used, or prac- tised in any school, college, or hostel aided but not provided by the council, and no pupil is, on the ground of religious belief, to be excluded from, or placed in an inferior position in, any school, college, or hostel provided by the council, and no catechism or formulary distinctive of any particular religious denomination is to be taught or used in any school, college, or hostel so pro- vided, except in cases where the council, at the request of parents of scholars, at such times and under such conditions as the council think desir- able, allow any religious instruction to be given in the school, college, or hostel, otherwise than at the cost of the council. There is a proviso that in the exercise of this power no unfair preference shall be shown to any religious denomination. 11 For the Text of the Act of 1902 [annotated), see pages 45 to 94. In a school or college receiving a grant from or maintained by a council under this part of the Act, a scholar attending as a day or evening scholar is not to be required, as a condition of being admitted into or remaining in the school or college, to attend or abstain from attending any Sunday school, place oF religious worship, religious observance, or instruction in religious subjects in the school or college or elsewhere. And the times for religious worship, or for any lesson on a religious subject, are to be con- veniently arranged for the purpose of allowing the withdrawal of any such scholar therefrom. PART III. ELEMENTARY EDUCATION. The third part of the Act consists of twelve sections. By the fiftll section, school boards and school attendance committees are abolished, which involves the repeal of fifty sections of the Education Act, 1870, and several consequential amendments by way of repeal in the later Acts. The ''local education authority'^ (as defined by Sect. 1 , includingthe proviso) have throughout their area all the powers and duties of a school board and school attendance committee. There- fore, in all the unrepealed sections of the 12 For the Text of the Ad of 1902 {annotated), see pages 45 to 94. Education Acts, tlie words " school board " and ^'school attendance committee" must be now read as tbougli they were " the local education authority/' as defined by Sect. 1 of the new Act. This " local education authority/' besides having all the powers and duties of the old school boards and school attendance committees, are now responsible for and have the control of all secular instruction in public elementary schools not provided by them — iu other words, are responsible for and have control of all secular instruction in what are called the '* voluntary schools." What they are not responsible for, and what they have not control of. appears by the next section. But, before leaving the consideration of thi--^ section, it will be well to observe that what all the powers and duties of the school boards and school attendance committees are is a matter which can only be understood by reference to all the unrepealed sections of the earlier Education Acts — a task which is beyond the scope of the present volume {see Sir Hugh Owen's "Education Acts Manual" before re- ferred to) . Suffice it here to remark that the effect of the repeals contained in the Schedule of the Act of 1902 is considerably to extend those powers and to curtail those duties. The new "local education authority" are an immensely 13 For the Text of the Act of 1902 {annotated), see pages 45 to 94. more powerful education authority than were the old school boards. The sixtll section is that which has greatly ex- ercised some sections of public opinion, but whose provisions are by no means hard to understand. It will be convenient to use the term " rate- provided schools/' to express " all public elemen- tary schools provided by the local education authority/' and " voluntary schools/' to express " all public elementary schools not so provided." Rate-provided schools then are, when the local education authority are the council of a county, to have a body of managei^s, cousisting of a number of managers not exceeding four appointed by that council, together with a number not exceeding two appointed by the miuor local authority. "Managers" is a term of art — it does not mean that they have the complete management of the schools for all purposes, but must be read in connection with the rest of the Statute. It is essential to the understanding of this Act that, in speaking of the "control" to be exercised by the "local education authority," and the management to be exercised by the " managers/' it should be understood that the control is limited by the powers of the " managers," and the manage- ment is limited by the powers of the "local education authority." Where the "local education 14 For the Text of the Ad of 1902 {annotated), see pages 45 to 94. authority '^ ai'e the council of a borough or urban district, they may, if they think fit, appoint, for any rate-provided school, such number of managers as they may determine. Voluntary schools are, in the place of the existing mauagers, to hav^e a body of "managers," consisting of a number of foundation "managers " not exceeding four, appointed as provided by the Act, together with a number of " managers," not exceeding two, appointed thus : — Where the "local education authority " are the council of a county, one " manager " is to be appointed by that council and one by the minor local authority. The " minor local authority " means the council of any borough or urban district, or the parish council, or (where there is no parish council) the parish meeting of any parish, which appears to the county council to be served by the school. Where the school appears to the county council to serve the area of more than one minor local authority, the county council are to make such provision as they think proper for joint appointment by the authorities concerned. When the " local education authority " are the council of a borough or urban district, both " managers " are to be appointed by that authority. Here, again, it is necessary to understand that "managers" means merely persons who shall have 15 For the Text of the Act of 1902 [annotated), see pages 45 to 94'. those powers of management which the later parts of the Act give tbem. Notwithstanding anything in this section, schools may be grouped under one body of " managers" in manner provided by the Act, and where the 'Mocal education authority " consider that the circumstances of any school require a larger body of " managers " than that provided under this section, that authority may increase the total number of '' managers," so, liowever, that the number of each class of '' managers " is proportionately increased. The seventh, section provides that the " local education authority " are to maintain and keep efficient all public elementary schools within their area which are necessary, and to have the control of all expenditure required for that pur- pose, other than expenditure for which, under the Act, provision is to be made by the " managers," but, in the case of voluntary schools, only so loDg as the following conditions aud provisions are complied with : — The " managers " of the school are to carry out any directions of the " local education authority " as to the secular instruction to be given in the school, including any directions with respect to the number and educational qualifications of the teachers to be employed for such instruction, and for the dismissal of any teacher on educational 16 For fhp Text of the Act of 1902 {annotated), see pages 45 to 94. grounds, and if the "managers'' fail to carry out any sucli direction, the "local education authority " are, in addition to their other powers, to have the power themselves to carry out the direction in question as if they were the " managers "; but no direction given under this provision is to be such as to interfere with reasonable facilities for religious instruction during school hours. The " local education authority " are to have power to inspect the school. The consent of the "local education authority " is to be required to the appointment of teachers, but that consent is not to be withheld except on educational grounds, and the consent of the authority is also to be required to the dismissal of a teacher, unless the dismissal be on grounds connected with the giving of religious instruction in the school. The " managers " of the school are to provide the schoolhouse free of any charge, except for the teacher's dwelling-house, if any, to the "local education authority " for use as a public elementary school, and are, out of funds provided by them, to keep the schoolhouse in good repair, and to make such alterations and improve- ments in the buildings as may be reasonably required by the " local education authority," pro- vided that all such damage as the local authority 17 For the Text of the Ad of 1902 {annotated), see pages 45 to 94. consider to be due to fail- wear and tear in the use of any room in tlie schoolliouse for the purpose of a public elementary day school, is to be made good by the " local education authority." The managers of the school are, if the " local educatioa authority " have no suitable accom- modation in schools provided by themi, to allow that authority to use any room in the school- house, out of school hours, free of charge, for any educational purpose. But this obligation is not to extend to more than three days in the week. The " managers " of a school maintained but not provided by the " local education authority," in respect of the use by them of the school furni- ture out of school hours, and the " local education authority " in respect of the use by them of any room in the school out of school hours, are to be liable to make good any damage caused to the furniture, or the room, as the case may be, by reason of that use (other than damage arising from fair wear and tear), and the " managers " are to take care that after the use of a room in the school by them, the room is left in a proper condition for school purposes. If any question arises under this section between the "local education authority " and the " managers " of a voluntary school, that question is to be determined by the Board of Education, as established in 1899 by the statute 62 & 63 18 For the Text of the Ad of 1902 {annotated), see pages 45 to 94. Vict. c. 33. One of the conditions required to be fulfilled by an elementary school in order to obtain a Parliamentary grant is to be that it is maintained under and complies with the pro- visions of this section. In public elementary schools maintained but not provided by the " local education authority," assistant teachers and pupil teachers may be appointed, if it is thought fit, without reference to religious creed and denomination. In any case in which there are more candi- dates for the post of pupil teacher in such a school than there are places to be tilled, the appointment is to be made by the " local educa- tion authority/' and they are to determine the respective qualifications of the candidates by examination or otherwise. Religious instruction giveu in a voluntaiy school is, as regards its character, to be in accordance with the provisions, if any, of the trust deed relating thereto, and is to be under the control of the " managers."* Provided that nothing in this sub-section is to affect any pro- vision in a trust deed for reference to a bishop or superior ecclesiastical or other denominational authority, so far as such provision gives to the * Thia is the " Kenyon-Slaney Amendment," and was intended for the prevention of one-man control by clergy with extreme views. 19 For the Text of the Act of 1902 {annotated), see pages 45 to 94. bishop or authority tlie power of deciding whether the character of the religious instruc- tion is or is not in accordance with the pro- visions of the trust deed. This provision will prevent a clergyman of unpopular views from giving effect to these views in his teaching, unless he can carry the majority of the "managers" with him: and, even if he do so, there will still be, in many cases, the appeal to the bishop, etc., and in some cases the chance of challenging his conduct in a court of law, on the ground that it is not " in accordance with the provisions of the trust deed." The managers of a school maintained but not provided by the "local education authority " are to have all powers of management required for the purpose of carrying out the Act, and are (subject to the powers of the " local education authority " under this section) to have the exclu- sive power of appointing and dismissing teachers. The eighth section provides that when the " local education authority " or any other per- sons propose to provide anew public elementary school, they are to give public notice of their intention to do so, and the "managers" of any existing school, or the " local education autho- rity " (whore they are not themselves the persons proposing to provide the school), or any ten ratepayers in the area, for which it is proposed 20 For the Text of the Act of 1902 [annotated), see 'pages 45 to 94. to provide tlie school may, within three months after the notice is given^ appeal to the Board of Education on the ground that the pro- posed school is not required, or that a rate- provided school, or a voluntary school, as the case may be, is better suited to meet the wants of the district than the school proposed to be provided, and any school built in contravention of the decision of the Board of Education on such appeal shall be treated as unnecessary. If, in the opinion of the Board of Education, any enlargement of a public elementary school is such as to amount to the provision of a new school, that enlargement is to be so treated for the purposes of this section. Any transfer of a public elementary school to or from a " local education authority " is, for the purposes of this section, to be treated as the provision of a new school. The ninth section provides that the Board of Education are, without unnecessary delay, to determine, in case of dispute, whether a school is necessary or not, and in so determining, and also in deciding on any appeal as to the provision of a new school, they are to have regard to the interest of secular instruction, to the wishes of parents as to the education of their children, and to the economy of the rates; but a school already recognised as a public elementary school 21 For the Text of the Ad of 1902 {annotated), see pages 45 to 94. is not to be considered unnecessary in which the number of scholars in average attendance, as computed by the Board of Education, is not less than thirty. The tenth section is financial. It provides that in lieu of the grants which have hitherto been given under the Voluntary Schools Act, 1897, and under section 97 of the Elementary Education Act, 1870, as amended by the Ele- mentary Education Act, 1897, there is to be annually paid to every "local education authority " out of moneys provided by Par- liament, a sum equal to four shillings per scholar : and also an additional sum of three halfpence per scholar for every complete twopence per scholar, by which the amount which would be produced by a penny rate on the area of the authority, falls short of ten shillings a scholar : provided that in estimating the produce of a penny rate in the area of a " local education authority " not being a county borough, the rate is to be calculated on the county rate basis, which, in cases where part only of a parish is situate in the area of the "local education authority," is to be apportioned in such manner as the Board of Education think just. But if in any year the total amount of Par- liamentary grants payable to a " local education authority " would make the amount payable out 22 For the Text of the Act of 1902 {annotated), see pages 45 to 94. of other sources by tliat authority on account of their expenses for elementary education less than the amount "which would be produced by a rate of 3(?. in the £^ the Parliamentary grants are to be decreased, and the amount payable out of other sources is to be in- creased by a sum equal in each case to half the difference. For the purposes of this section, the number of scholars are to be taken to be the number of scholars in average attendance, as computed by the Board of Education, in public elementary schools maintained by the authority. The eleventll section deals with some of the questions which are bound to arise under the new Act, with regard to the presen':>e or absence of trust-deeds, under which schools may at present be held. And it is enacted that the foundation "managers" of the school are to be appointed under the provisions of the trust deed of the school. But if it is shown to the satisfaction of the Board of Education that the provisions of the trust deed as to the appointment of managers are in any respect inconsistent with the provisions of the Act, or insufficient or inapplicable for the purpose, or that there is no such trust deed available, the Board of Education are to make an order under this section for the purpose of meeting the case. 23 For the Texi of the Act of 1902 {annotated), see pages 45 to 94. Any sucli order may be made on tlie application of the existing owners^ trustees^ or managers of tlie school, made within a period of three months after the passing of the Act, and after that period on the application of the "local education authority/^ or any other person interested in the management of the school, and any such order when it modifies the trust deed is to have effect as part of the trust deed, and where there is no trust deed, is to have effect as if it were contained in a trust deed. Notice of any such application, together with a copy of the draft final order pi'oposed to be made thereou, is to be given by the Board of Education to the " local education authority " and the existing owners, trustees, and managers, and any other persons who appear to the Board of Education to be interested, and the final order is not to be made until six weeks after notice has been so given. In making an order under this section with resrard to any school, the Board of Educa- tion is to have regard to the ownership of the school building, and to the principles on which the education given in the school has been con- ducted in the past. The Board of Education may, if they think that the circumstances of the case require it, make any interim order on any application under this section, to have temporary effect until the final order is made. The body 24 For f/ip Tiwt of the Ad of 1902 {anitotafed), i^ee pages 45 to 94. of ^' managers " appointed under tlie ucav Act for ;i voluntary school are to be the " managers " of that school^ botli for the purposes of the Ele- mentary Education Acts^ 1870 to 1900, and this Act, and so far as respects the management of the school as a public elementary school for the purpose of the trust deed. When the receipt by a school or the teachers or managers of a school, of any endowment or other benefit, is at the time of the passing of the Act dependent on any qualification of the managers, the qualification of the foundation "managers" only is in case of question to be regarded. The Board of Education may, on the applica- tion of the " managers " of the school, the " local education authority,^' or any person appearing to them to be interested in the school, revoke, vary, or amend any order made under this section by an order made in a similar manner. But before making any such order the draft thereof is, as soon as may be, to be laid before each House of Parliament, and if within thirty days, being days on which Parlia- ment has sat, after the draft has been so laid before Parliament, either House resolves that the draft or any part thereof should not be pro- ceeded with, no further proceedings are to be taken thereon, without prejudice to the making of an}^ nsAV draft order. 25 C For the Te.ct uf the Ad uf 1902 {annotated), see imges 45 to 94. The twelfth section has to do with " grouping/' The " local education authority " may group under one body of managers any rate- provided schools, and may also, with the consent of the " managers " of the schools, group under one body of ''managers" any voluntary schools. The body of " managers " of grouped schools is to consist of such number and be appointed in such manner and proportion as, in the case of rate-provided schools, may be determined by the '• local education authority " and in the case of voluntary schools, may be agreed upon between the bodies of " managers " of the schools con- cerned and the " local education authority," or in default of agreement, may be determined by the Board of Education. Where the " local education authority '^ are the council of a county, they are to make pro- vision for the due representation of minor local authorities on the bodies of " managers " of schools grouped under their direction. Any arrangement for grouping voluntary schools is, unless previously determined by con- sent of the parties concerned, to remain in force for a period of three years. The thirteenth section refers to endow- ments. Nothing in the Act is to affect any endowment or the discretion of any trustees in respect thereof — provided that where under the For the Text of the Act of 1902 [nnnotated), see j)ages 45 to 04. trusts or other provisions affecting any endow- ment, the income thereof must be applied in whole or in part for those purposes of a public elementary school for which provision is to be made by the " local education authority," the whole of the income or the part thereof, as the case may be, is to be paid to that authority, and in case part only of such income must be so applied and there is no provision under the said trusts or provisions for determining the amount which represents that part, that amount is to be determined, in case of difference l)etween the parties concerned, by the Board of Education ; but if a public inquiry is demanded by the ^Hocal education authority," the decision of the Board of Education is not to be given until after such an inquiry, of which ten days' previous notice is to be given to the " local education authority " and to the minor local authority and to the trustees, shall have been first held by the Board of Education at the cost of the '' local education authority." Any money coming to the '^managers" of a voluntary school by reason of endowments will help to swell the " funds provided by them " out of which they have to maintain the school-buildings, and so forth as above described. Any money arising ftom an endowment and 87 c 2 For the Text of the Act of 1902 [annotated), see pages 45 to 94. paid to a county council for these purposes of a public elementary school, for which provision is to bo made by the council, is to be credited by the council in aid of the rate levied for purposes of elementary education in the ]iarisli or parishes served by the school for the purposes of which the sum is paid, or if the council so direct is to ]je paid to the overseers of the parish or parishes in the proportions directed by the council, and applied by tho overseers in aid of the poor rate levied in the parish. The fourteenth section enacts that where before the passing of this Act fees have been chai'ged in any voluntary school, the "local education authority " are, while they continue to allow fees to be charged in respect of that school, to pay such proportion of those fees as may be agreed upon, or in default of agreement, deter- mined by the Board of FJducation, to the "managers." This, again, will help the " managers " to swell the " funds provided by them'^ out of which they have to maintain the school buildings and so forth as above described. The fifteenth section allows, but does not compel, the " local education authority " to maintain, as a public elementary school under the provisions of the Act, any marine school, or any school which is part of, or is held in the premises of, any institution in which children are boarded : 28 For the Text of the Act of 1902 {annotated), see pages 45 to 94. but their refusal to maintaiu such a school is not to render the school incapable of receiving a Parliamentary grant, nor is the school, if not so maintained, to be subject to the provisions of the Act as to the appointment of " mana- gers/' or as to control by the " local education authority.'^ The sixteenth section provides that if the "local t'ducation authority" fail to fulfil any of their duties under the Elementary Education Acts, 1870-1000, or the new Act, or fail to provide such additional public school accommo- dation within the meaning of the Elementary Education Act, 1870, as is, in the opinion of the Board of Education, necessary in any part of their area, the Board of Education may, after holding a public inquiry, make such order as they think necessary or proper for the purpose of compelling the authority to fulfil their duty, and any such order may be enforced by mandamus — a remedy which will secure the effective interference of the King's Bench Division of the High Court of Justice. This concludes the third part of the Act, which is the part dealing specially with elementary education. •2'^ For the Text of the Act of 1902 {annotated), see pages 45 to 94. PART IV. GENERAL. Some particular details of the new law remain now to be considered. Tlie seventeenth section provides that any council having powers under the Act is to establish an education committee or education committees, constituted in accordance with a scheme made by the council and approved by the Board of Education. There is^ however, a proviso that if a council having powers under Part II. only of the Act (which does not refer to elementary education) determine that an education committee is un- necessary, it shall not be obligatory on them to appoint such a committee. All matters relating to the exercise by the council of their poAvers under the Act — except the poAver of raising a rate or borrowing money — is to stand referred to the education committee, and the council before exercising any such powers, is, unless the matter is urgent, to receive and consider the report of the education com- mittee with respect to the matter in question. The council may also delegate to the education committee, with or without restrictions or con- ditions as they think fit, any of their powers 30 For the Te.d of the Act of 1902 {annotated), see iDages 45 to 94. under the Act, except the power of raising a rate or borrowing money. Every such scheme is to provide (a) For the appointment by the council of at least a majority of the committee, and the persons so appointed are to be persons who are members of the council, unless, in the case of a county, the council otherwise determine; [h) For the ap- pointment by the council on the nomination, or recommendation, where it appears desirable, of other bodies (including associations of voluntary schools), of persons of experience in education, and of persons acquainted with the needs of the various kinds of schools in the area for which the council acts ; {<') For the inclusion of women as well as men among the members of the com- mittee — (provision for this inclusion of women is absolutely obligatory, and does not depend on the discretion of the council) ; and {(1) For the appointment, if desirable, of members of school boards existing at the time of the passing of the Act (school boards being abolished by the Act) as members of the first committee. Any person is to be disqualified for being a ■member of an education committee, who, by reason of holding an office or place of profit, or having any share or interest in a contract of employment, is disqualified for being a member of the council ajjpointing the education com- 31 For the Text of the Ad erf 1902 [annotated), see 'pages 45 to 94. iiiittee : but no sucli disqualification is to apply to a person by reason only of liis holding office in a school or college aided, provided, or main- tained by the council. Any such scheme may, for all or any purposes of the Act, provide for the constitution of a separate education committee for any area within a county, or for a joint education com- mittee for any area formed by a combiuation of counties, boroughs, or urban districts, or of parts thereof. In the case of any such joint com- mittee it is to suffice that a majority of the members are appointed by the councils of any of the counties, boroughs, or districts out of Avhicli, or ])arts of wliicli, the area is formed. Before jipproving a scheme, the Board of Education are to take such measures as may appear expedient for the purpose of giving publicity to the provisions of the proposed scheme, and may, if they think fit, hold a public inquiry : and, before approving any scheme which provides for the appointment of more than one education committee, are to satisfy them- selves that due regard is paid to the importance of the general co-ordiuatiou of all forms of education. If a scheme under this section has not been made by a council, and approved by the Board 32 For the Text of the Act of 1902 {amwtated) , see pages 45 to 94. of Education witliiu twelve months of tlie passing of the Act, that Board may, subject to the provisions of the Act, make a provisional order for the purposes for which a scheme might have been made. Any scheme for establishing au education committee of the council of any county or county borough in Wales or of the County of Monmouth or County Borough of Newport, is to provide that the county governing body consti- tuted under the Welsh Intermediate Education Act, 1889, for any such county or boi'ough shall cease to exist. A county governing body con- stituted under that Act was constituted by a scheme made by a joint education committee con- sisting of three persons nominated by the county council and two persons — being persons well acquainted with the conditions of Wales, prefer-- ence being given to residents within the county — nominated by the Lord President of the Privy Council ; and where any part of the expenses of the establishment or maintenance of a school was to be defrayed out of the county rate, the scheme had to provide that the county council should be adequately represented on the govern- ing body. A scheme under the new Act must make such provision as appears necessary or expedient for the transfer of the powers, duties, property, and liabilities of any such body to the :>; C o Fur the Text of the Act of 1902 {annotated), see pages 45 to 94. " local education authority under the new Act," and for making the provisions of the section applicable to the exercise by the " local education authority " of the powers so transferred. The eighteenth section provides that the expenses of a council under the Act is, so far as not otherwise provided for, to be paid in the case of the council of a county out of the county fund, and in the case of the council of a borough out of the borough fand or rate, or if no borough rate is levied, out of a separate rate to be made, assessed, and levied in like manner as the borough rate, and in the case of the council of an urban district other than a borough, in manner pro- vided by section 33 of the Elementary Education Act, 1876, as respects the expenses mentioned in that section. That section gave the Education Department (now the Board of Education) power to authorise the appointment of a school attend- ance committee by the urban sanitary a ut'hority.: with a proviso that the expenses, if auy, of a school attendance cominittee appointed by an urban sanitary authority will be paid out of a fund to be raised out of the" poor rate of the parish or parishes comprised in the district of such authority, according to the rateable value of each parish, and the urban sanitary' authority were, for the -purpose of obtaining payment "of *^ucli expenses, to have' the same power as a 01 For the Text of the Ad of 1902 [annotated], see pages 45 to 94. board of guardians have for the purpose oE obtaining contributions to their common fund under the Acts relating to the relief of the jDoor and the accounts of such expenses were to bo audited as the accounts of other expenses of the sanitary authority. The county council under the new Act may if they think fit (after giving reasonable notice to the overseers of the parish or parishes con- cerned), charge any expenses incurred by them under the Act with respect to education other than elementary on any parish or parishes, which in the opinion of the council are served by the school or college in connection with vrhich the expenses have been incurred. The county council are not to raise any sum on account of their expenses for elementary education within any borough or urban dis- trict, the council of which is the local education authority for the purposes of elementary education; ' The cotrnty cocmcil- are to charge such- portion as they think fit, not being less than one-hatf or more than three-fonrtbs of any^expenses incurred by them in respect of capital expenditure of rent on account of the provision or improvement of any public elementary school, on the parish or parishes which in the opinion 'of the council are served by the school. 35 For the Text of the Act of 1902 {annotated), see pages 45 to 94. The county council are to raise sucli portion as they think fit, not being less than one-half or more than three-fourths of any expenses incurred to meet the liabilities on account of loans or rent of any school board transferred to them exclu- sively within the area which formed the " school district " (under the Elementary Education Act, 1870), in respect of which the liability was incurred so far as it is within their area. All receipts in respect of any school maintained by a " local education authority," including any Parliamentary grant, but excluding sums specially applicable for purposes for which pro- vision is to be made by the managers, are to be paid to that authority. Separate accounts are to be kept by the council of a borough of their receipts and expen- diture under the Act, and those accounts are to be made up and audited in like manner and subject to the same provisions as the accounts of a county council, and the enactments relating to the audit of those accounts ajid to all matters incidental thereto and consequential thereon, including the penal provisions, are to apply in lieu of the provisions of the Municipal Cor- porations Act, 1882, relating to accounts and audit. Where under any local Act the expenses incurred in any liorough for the pur])oscs of the 3(; For the Text of the Act of 1902 {annofated), see pages 45 to 94. Elementary Education Acts, 1870 to 1900, are payable out of some fund or rate other than the borough fund or rate, the expenses of the council of that borough under the new Act are to be payable out of that fund or rate, instead of" out of the borough fund or rate. Where any receipts or payments of money under the Act are entrusted by the 'Mocal education authority " to any education com- mittee established under the Act, or to the managers of any public elementary school, the accounts of those receipts and payments are to be accounts of the " local education authority " ; but the auditor of those accounts is to have the same powers with respect to '^'managers" as he Avould have if the " managers " were officers of the " local education authority." The nineteeath section relates to borrowing. A council may borrow for the purposes of the Elementary Education Acts, 1870 to 1900, or the new Act, in the case of a county council, as for the purposes of the Local Government Act, ISSS, and in the case of the council of a county borough, borough or urban district, as for the purposes of the Public Health Acts : but the money borrowed by a borough or urban district is to be borrowed on the security of the fund or rate out of which the expenses of the council under the new Act are payable. 37 395i)ly or aid the supply of education other than elementary, and to pi-omoto the general co-ordination of all forms of education, and for that puri)ose shall apply all or so much as they deem necessaiy of the residue(^) under section one of the Local Taxation (1) " The coimcil of an urban distHct " — as constituted by Sect. 23 of the Local CTOvernment Act, 1894 (5G & 57 Vict. c. 73). (2) " The local education authority.'' — This is a term of art and must be read with reference to the later part of the statute. It does not mean the only local education authority for all purposes. (') ''The Board of Education" — as constituted by the Board of Education Act, 1899 (62 & 63 Vict. c. 33). By sect. 1 (2) of that Act the Board consists of a President and of the Lord President of the Council (unless he is appointed President of the Board), the Principal Secretaries of State, the First Commissioner of the Treasury, and the Chancellor of the Exchequer. Sect. 1 (3) provides for the temporary con- tinuance on the Board of the existing Vice-President of the Committee of the Privy Council on Education. (») "The residue. "—The annual residue left after paj'ment of .£300,000 for police superannuation under Statute 53 & 54 Vict. c. 60. For the history of this fund, called the " Whiskey Money," fee page 9 supra. For the immediate future, see the second schedule, rule 5, page 81 infra. Ki The Education Act, 1902. (Customs aud Excise) Act, 1890, aud sliall carry forward for the like purpose any balance thereof which may remain unexpended, and may spend such further sums as tliey think fit : Provided that the amount raised by the council of a coimty for the purpose in any year out of rates under tliis Act shall not exceed the amount wliich would be produced by a rate of twopence in the pound, or such higher rate as the county council, with tlie consent of the Local Government Board, (^) may fix. (2) A council in exercising- their powers under this Part of this Act sliall have regard to any existing supply of efficient schools or colleges, and to any steps already taken for the purposes of higher education under tlie Technical Instruction Acts, 1889 aud 1891. (-) 3. Concurrent powers of smaller boroughs and urban districts. — The council of any non-county boi-oughr') or urban district!^) shall have power as well as the county council to spend such sums as they think fit for the purpose of supplying or aiding the supply of education other than elementary : Provided that the amount raised by the council of a non-county borough or urban district for the purpose in any year out of rates imder this Act shall not exceed the amount which would be produced by a rate of one penny in the pound. (1) '^ The Local Government Board" — as constituted by the Local Government Board Act, 1871 (34 & 35 Vict. c. 70). By sect. 3 of that Act the Board consists of a President appointed by the Crown and of the following' ex-oiRcio mem- liers, viz. : the Lord President of the Privy Council, all the principal Secretaries of State for the time being, the Lord Privy Seal, and the Chancellor of the Exchequer. ' (2) " The Technical Instruction Acts, 1889 and 1891 " (52 & 53 Vict. c. 76, and 54 & 55 Vict. c. 4) — are repealed by the fourth schedule of this Act, page 91 infra. (*) " Tfie council of a non-couiity borough" — as constituted by Sect. 10 of the Municipal Corporations Act, 1882 (45 & 40 Vict. c. 50). ("*) '■ The council of an urban dittrict" — aa constitnted by Sect. 23 oi the Local Government Act, 1894. 47 The Eduraflon Art, 1902. 4. Religious instruction. — (1) A council, iu the appli- cation of money under this Part of this Act, shall not reqiiire that any particular form of religious instruction or worship or any rclioious catechism or formulary wliich is tlistinctivp of any particular denomination shall or shall not be taught, used, or practised in any school, college, or liostel aided but not proA'ided Ity the council, and no pupil shall, on the ground of religious belief, be exchided from or placed in an inferior position in any school, college, or hostel iirovided by the council, and no catechism or formulary distinctive of any particular religious denomi- nation shall ]>e taught or used in any school, college, or hostel so provided, except in eases where the council, at the request of parents of scholars, at such times and imder such conditions as the council think desir- able, allow any religious instruction to be given in the school, college, or hostel, otherwise than at the cost of the council : Pi'ovided that in the exercise of this power no unfair preference shall be shown to any i*eligious denomination. (2) In a school or college receiving a gi-ant from, or maintained by, a council imder this Part of this Act, (a) A scholar attending as a day or evening scholar shall not be required, as a condition of being admitted into or remaining in the school or college, to attend or abstain from attending any Sunday school, place of religious worship, religious observance, or instruction in religious subjects in the school or college or elsewhere ; and [h) The times for religious worship or for any lesson on a religious subject shall be conveniently arranged for the imrpose of allowing the withdrawal of any .such scholar therefrom. Part III. — Elementary Education. 5. Poive^-s and duties as to elementary education. — The local education authority shall throughout their area have 48 The Mucation Ad, 1902. the powers and duties(') of a school board(-) and school attendance committee('*) under the Elementary Education Acts, 1870 to 1903, (^) and any other Acts, including local Acts, and shall also be responsible for and have the control of all secular instruction in public elementary schools not provided by them, and school boards and school attend- ance committees shall be abolished. {'). Management of schools. — (1) All puldic elementary schools provided by the local education authority shall, where the local education authority are the council of a county, have a body of managers consisting of a number of managers (') not exceeding four appointed by that council, together with a number not exceeding two appointed by the minor local authority. (") Where the local education authority are tiie coimcil of a borough or urban district they may, if they think fit, appoint for any school provided by them a body of managers con- sisting of such uumljer of managers as they may determine. {2) All i)ublic elementary schools not provided by the local education authority stiall, in place of the existing managers, have a body of managers consisting of a number of foundation managers(') not exceeding four appointed (') " Poiuers (lyid duties." — For definition see Sect. 24 infra, page 73. (-) ''^School board" — as constituted by the Elementary Education Act, 1870 (33 & 34 Vict. c. 75). (•') '''School attendance committee" — as constituted for voluntary schools by the Education Act, 1876 (39 & 40 Vict. c. 79). {*) '' Elemetdarij Education A(t.<, 1870 to 1900." — See the " Elumentai-y Education Acts Manual," by Sir Himh Owen, K.C.B., lUtb ed., I'JOii. (•>) " Manafier.f." — This is a term of art ; they are managers for certain limited purposes only. For rules concerning these nunagers, see the 1st Schedule (Pavt B) infra, page 79. (*) '• The minor local authority." — For definition, sec Sect. 24 infra, page 73. (') " Foundation managers appointed a« provided, by thie Act." — See Sect. 11 infra, page 55. 49 D The Education Act, 1902. making of any new draft order. 12, Grouping of schools under one management. — (1) Tlie local education authority may group muU^r one bod)' of managers any ])ublic elementary schools provided by them, and may also, with the consent of the managers of tlie scliools, group under one body of managers any such schools not so provided. (2) The l)ody of managers of grouped schools shall consist of such number and be appointed in such manner aud proportion as, in the case of scliools provided by the local education authority, may be determined by that autliority, and in the case of schools not so ]»rovided, may lie agreed u})on between the bodies of mauagers of the scliools com-erned and the local education authority, or in default of agreement may be determined by the Board of Education. (*) " The. foundatio7i managers." ■ — See Sect. 6 supra. page 49, 57 D 3 The Education Act, 1902. (3) Where the h^cal educcation .authority are the council of a couuty, they shall make pi'ovision for the due representation of minor local authorities on the bodies of manag'ers of schools gprouped under their direction. (4) Any arrano'ement for grouping schools not provided hy the local education authority shall, unless previously determined by consent of the parties concerned, remain in force for a period of thi'ee years. 13. Endowments. — (1) Nothing in this Act shall affect any endowment,(') or the discretion of any trustees in respect thereof : Provided that, where under the trusts or other provisions affecting any endowment the income thereof must be applieil in whole or in part for those purposes of a public elementary school for which pro- vision is to be made by the local education authority, the whole of the income or the part thereof, as the case may be, shall be paid to that authority, and in case part only of such income must be so applied and there is no provision under the said trusts or provisions for deter- mining the amount which represents that ]jart, that amount shall be determined, in case of difference between the parties concerned, by the Board of Education; but if a public inquiry is demanded by the local education authority, the decision of the Board of Education shall not be given until after such an incjiiiry, of which ten days' previous notice shall be given to the local education authority and to the minor local authority and t(j the trustees, shall have been first held by the Board of Education at the cost of the local education authority. (2) Any money arising from an endowment and paid to a county council for those purposes of a public elementary school for which provision is to be made by the council, shall be credited by the council in aid of the rate levied (') '■'■Endowment.'" — The managers of a voluntary school will be able to use any money thus arising to swell the " funds provid<^(l by them," out of which they are to maintain the ;jQhool buildings and so forth. C8 The Education Act, 1902. for the purposes of this Part(i) of this Act iu the jjarish or parishes wliich in the opinion of the council are served by the school for the purposes of which the sum is paid, or, if the council so direct, shall be paid to the overseers of the parish or parishes in the proportions directed by the council, and applied bj- the overseers in aid of the poor rate leA'ied in the parish. 14. Apportiomnent of school fees, — Where before the jjassing of this Act fees(-) have been charged in any public elementary school not provided by the local education authority, that authority shall, while they continue to allow fees to be charged in respect of that school, pay such pi'oportion of those fees as may be agreed upon, or, in default of agreement, determined by the Board of Education, to the managers. lo. Schools attached to institutions. — The local educa- tion authority may maintain, as a public elementarj- school under the provisions of this Act, but shall not be required so to maintain, any Marine school, or any school which is part of, or is held in the premises of, any institution in which children are boarded, but their refusal to maintain such a school shall not render the school incapable of receiving a Parliamentary grant, nor shall the school, if not so maintained, be subject to the provisions of this Act as to the appointment of managers, or as to control by the local education authority. 16. Power to enforce duties under Elementary Educa- tion Acts — 33 & 34 Vict. c. 75. — If the local education authority fail to fulfil any of their duties under the Ele- mentary Education Acts, 1870 to 1900. or this Act, or fail to provide such additional public school accommodation('') (1) " This Part.' — That is for purposes of elementary education. {-) " School fees." — The managers of a voluntary school will be able to use any money thus arising to swell the " funds provided by them," out of which they are to maintain the school buildings and so forth. {^) By Sect. 5 of the '' Elementary Education Act, 1870," Statute 33 & 31 Vict. c. 75, there was to be provided for every 59 The Education Ad, 1902. witliiu the meaning of the Elementary Education Act, 1870, as is in tlie opinion o£ the Board of Education necessary in any part of their area, the Board of Educa- tion may, after hokling a piiblic inquiry, make sucli order as they tliink necessary or proper for tlie purpose of com- pelling the authority to fulfil their duty, and any such order may be enforced by mandamus. (') Part IV. — General. 17. Education committees — 52 & 53 Vict. c. 40. — (1) Any council having powers under this Act shall establish an education committee(-) or education committees, constituted in accordance with a scheme made by the council and approved by the Board of Education : Provided that if a council having powers under Part II. only of this Act determine that an education committee is unnecessary in their case, it shall not be obligatory on them to establish such a committee. (2) All matters relating to the exercise l>y the council of their powers under this Act. except the power of raising a rate or borrowing money, shall stand referred to the education committee, and the council, before exercising any such powers, shall, unless in their opinion the matter is urgent, receive and consider the report of the education committee with respect to the matter in question. The school district a sufficient amount of accommodation in public elementary schools (as thereinafter defined) available for all the children resident in such district, for whose elementary educa- tion efficient and suitable provision was not otherwise made : and where there was an insufficient amount of such accommo- dation, in that Act referred to as public school accommodation, the deficiency was to be supplied in manner provided by that Act. (') " Mandamus." — In the King-'s Bench Division of the High Court of Justice. ('-) " Educaliun Committee." — For rules aa to these com- mittees, see the first schedule, Part A, infra, page 77, 60 The Education Art, 1902. r-onncil may also delegate to the education committee, with oi" Avitliout any restrictions or conditions as they think fit, anj of their powers under this Act, except the power of raising- a rate or borrowino- money. (3) Every such sclieme sliall provide — (a) for the appointment ))y tlie council of at least a majority of the committee, and the persons so appointed shall he persons who are members of the council, imless, in the case of a county, the council shall otherwise determine ; (p) for the appointment by the council, on the nomina- tion or recommendation, where it appears desira- ble, of other bodies (including associations of voluntary schools), of persons of experience in education, and of persons acquainted with tlie needs of the various kinds of schools in the area for which the council acts ; (c) for the inclusion of women as well as men among- the members of the committee ; (d) for the appointment, if desirable, of members of school boards existing- at tlie time of the passiug of this Act as members of the first committee. (4) Any person shall be disqualified for being a member of an education committee, Avho, liy reason of holding an office or place of profit, or having any share or interest in a contract or employment, is disqualified for being a memlier of the council appointing the educa- tion committee, but no such disqualification shall apply to a person by reason only of his holding office in a school or college, aided, provided, or maintained ))y the council. (5) Any such scheme may, for all or any purposes of this Act, provide for the constitution of a separate education committee for any area within a county, or for a joint education committee for any area formed bj- a coml)inatiou of counties, ))oi"oughs, or urljan districts, or of parts ijicrcof. In the case of any such joitit committee, 61 The Education Ad, 1902. it shall suffice that a majority of the members are apijointetl l)y the councils of any of the counties, boroughs, or dis- tricts out of which or parts of which the area is formed. (6) Before approving" a scheme, the Board of Education shall take such measures as may appear ex])edient for the purpose of givinof publicity to the provisions of the proposed scheme, and before approv- ing any scheme which provides for the appointment of more than one education committee, shall satisfy themselves that due regard is paid to the impor- tance of the general co-ordination of all forms of education. (7) If a scheme under this section has not been made by a council and approved by tlie Board of Education within twelve months after the passing of this Act, that Board may, subject to the ju-ovisions of this Act, make a provisional order for the purposes for whieli a scheme might have been made. (8) Any scheme for establishing an education com- mittee of the council of any county or county borough in Wales or of the county of Monmouth or county Ijorough of Newport shall provide that the county governing liody constituted under the Welsh Intermediate Education Act, 1889,0 for any sucli county or county borough sluill cease to exist, and shall make such provision as appears (>) " The Welsh Intermediate Education Act, 1889."— Under this Act (52 & 53 Vict. c. 40) provision was made for inter- mediate and technical education by means of schemes prepared by a '• joint education committee " consisting of three persons nominated by the county council and two persons being persons well acquainted with the conditions of Wales and the wants of the people — preference being given to residents within the county in question — nominated by the Lord President of the Privy Council. And when any part of the expenses of the establishment or maintenance of a school or of scholarships attached thereto was to be defrayed out of the county rate a scheme relating to such school was to provide that the county council should be adequately represented on the governing body of such school. 62 TJie Education Ad, 1902. necessary or expedient for the transfer of the powers, duties, property, and liabilities of any such Ijody to the local education authority under tliis Act, and for making" tlie provisions of this section applicable to the exercise by tlie local education authority of tlie powers so transferred. 18. Expenses— 'i'd & 4-0 Vict. c. 79- 45 & 46 Vict. c. 50. — (1) The expenses of a council under this Act shall, so far as not otherwise provided for, be paid, in the ease of the council of a county out of the couaty fund, and in the case of the council of a boroug-h out of the boroug"h fund{') or rate(-), or, if no borough rate is levied, out of a separate rate to be made, assessed, and levied in like manner as the borough rate, and in the case of tlie council of an urljan district other than a Ijorough in manner provided by section thirty-three of the Elementary Education Act, 1876,^^j, as respects the expenses mentioned in that section : Provided that — (') " The horoiKjh fund.'' — See sections 139 to 143 of the Municipal Corporations Act, 1882 (45 & 46 Vict. e. .50). (-) " The borough rate.'' — See section.s 144-149 of tbe Municipal Corporations Act, 1882 (4-5 & 46 Vict. c. 50). Levied in like manner as the borough rate. A borough rate need not be made in public. Jonex v. Johnson, 7 Ex. 452. (^) ''Section 33 of the Elementury Education Art, 1876." — By that section, " On the application of the uibau sanitary authority of an urban sanitary district which is not and does not comprise a borough and which is co-extensive with any parish or parishes not within the jurisdiction of a school board containing according to the last published census for the time being a population of not less than .'.000, the Education Department (now the Board of Education) may bj' order authorise the sanitary authority of that district to appoint, and thereupon such sanitary authoritj' may appoint, a school attendance coo.niittee, as if they were the council of a borough, and that committee, to the exclusion of the school attendance committee appointed by the guardians, shall enforce the pro- visions of this Act in the sanitarj' district, and be in that district the local authority for the purposes of this Act, and all the provisions of this Act sbaU apply accordingly as if the 63 The Education Act, 1902. [n] the county council may if tliey think fit (after giving reasonal)le notice to tlie overseers of the parisli or parislies concerned) charge any expenses incurred ))y them under tliis Act with respect to education otlier than eh^mentary on any parisli or parishes which, in the opinion of the council, are served 1iy the school or college in connexion with whidi the expenses have been incurred ; and (h) the county council shall not raise any sum on account of their expenses under Part III. of sanitary authority were the council of a Lorough. Provided tliat the expenses (if any) of a school attendance committee appointed by an urban sanit.iry authority shall be paid out of a fund to be I'aised out of the poor rate of the parish or parishes comprised in the district of such authority, accordinir to the rateable value of each parish, and the urban sanitary authority shall, for the purpose of obtaining payment of such expenses, have the same power as a board of guardians have for the purpose of obtaining- contributions, to their common fund under the Acts relating- to the relief of the poor, and the accounts of such expenses shall l)e audited as the accounts of other expenses of the sanitary authority. Any bye-laws in force in an urban sanitary district, or any part thereof, ])efore the appointment of a school attendance commitlee by the sanitiry authority of such district, shall continue in force, subject nevertheless to be revoked or altered by the school attendance committee of the sanitary authority in pursuance of sect. 74 of the Elementary Education Act, 1870, as amended by this Act. Where an urban sanitary district is not and does not comprise a borough, and is not wholly within the jurisdiction of a school boatd, and is not within the foregoing- provisions of this section, the urban sanit iry authority of that di^trict may from time to time appoint s ich numbers as the Educition Depart- ment allow, not exceeding three of their own members, to be members of the school attendance committee for the unioi in which the district or the part thereof not within the jurisdiction of a school board is situate, and such members, so long as they are members of the sanitary authority, and their appointment is not revokeil by that authority, shall be members of the school attendance committee, and have the same powers and authorities as if they had been appointed by the guardians, G-i The Education Act, 1902. this Act witliiii any borough or urban district, the council of which is the local education autliority for the purposes of tliat Part ; and ((') the county council shall charge such portion as they think fit, not being less than one-half or more than three-fourths, of any expenses incurred by them in respect of capital ex- penditure or rent on account of the provision or improvement of any public elementary school on the parish or parishes which, in the opinion of the council, are served by the school ; and ((7) the county coimcil shall raise such portion as they think fit, not being less than one-half or more than three-fourths of any expenses incurred to meet the liabilities on account of loans or rent of any school board transferred to them, exclusively within the area which formed the school district in respect of which the liability was incurred, so far as it is wiiliiu their area. Where a school board is appointed after the commencement of this Act for any parish which forms or comprises the whole or part of an urban sanitary district in which the school attendance committee is appointed by the urban sanitary authority, such school attendance committee shall, at the expiration of two mohths after the election of the school board, cease to act for the urban sanitary district, and the school attendance committee appointed by the ^.uardians shall be the local authority for so much of the urban sanitary district as is not under the school board. All bye-laws in force at the expiration of the said two months shall continue in force, subject to being revoked or altered by the local authority, in pursuance of sect. 74 of the Elementary Education Act, 1870, as amended by this Act." School boards and school attendance committees are now abolished, see sect. 5 supi'a, page 49, but the section just cited is still important for the understanding of the present financial arrangements. The Ednrafior, Art, 1902. (2) All receipts in respect of any school maintained by a local education antliority, including- any Parlia- mentary grant, but excluding" sums specially applicable for purposes for which provision is to be made by the managers, shall be paid to that authority. (3) Separate accounts shall be kept by the council of a borough of their receipts and expenditure under tliis Act, and those accounts shall be made iip and audited in like manner and subject to the same pi-ovisions as tlie accounts of a county council,(') and the enactments relating to tlie audit of those accounts and to all matters incidental thereto and consequential thereon, including the penal provisions, shall apply, in lieu of the provisions of the Municipal Coi'porations Act, 1882, rcdating to accounts and audit. (4) Wliere under any local Act tlie expenses incurred in any borough for the purposes of the Elementary Education Acts, 1870 to 1900, are payable out of some fund or rate other tliau the borough fund or rate, the expenses of the council of that borough under this Act shall be iiayable out of that fund or rate instead of out of the borough fund or rate. (5) Where any receipts or payments of money under this Act are entrusted by the local education authority to any education committee established under this Act, or to the managers of any public elementary school, the accounts of those receipts and payments shall be accounts of the local education authority, but the auditor of those accounts shall have the same powers with respect to managers as he would have if the managers were officers of the local education authority. 19. Bor)moing—rA & 52 Vict. c. 41—38 & 39 Vict. c. r)^). — (1) A council may borrow for the purposes of the Elementary Education' Acts, 1870 to 1900, or this Act, in ihe case of a county council as for the purposes (*) See section 71 of " The Local Oovernment (51 & 52 Vict. c. 41). 66 The Education Act, 1902. of the Local Government Act, 1888, (') and in the case of ihe council of a county l)orouo-h, borongli, or urban district as for tlie purposes of the Public Health Acts,(-) but the money borrowed by a county borough, borough, or urban district council shall be borrowed on the security of the fund (U* rate out of which the expenses of the council under this Act are payable. (2) Money borrowed under this Act shall not be reckoned as part of the total debt of a county for the pui'poses of section sixty-nine(^) of the Local Government Act, 1888, or as part of tlie debt of a county borough, borough, or nrlian district for the purpose of tlie limitation on boiTOwing under .sub-sections two and tliree(^) of section two hundred and thii-ty-fonr of the Pulilic Health Act, 1875. (1) " Ak for the imrpo»es of the Local Government Act, 1888."— See sections 3 (ii.) and CO of that Act (51 & 52 Vict. C.41). (2) " The Public Health Acts."— See section 233 of the Public Health Act, 1875 (38 & 39 Vict. c. 55), and note thereto on page 344 of Liimley's "Public Health" (Gth ed. 1902). (•') " Section 69." — Sub-section (2) of this section provides that where the total debt, after deducting the amount of any sinking fund, exceeds, or if the proposed loan is borrowed will exceed, the amount of one-tenth of the annual rateable value of the rateable property in the county, ascertained according to the standard or basis for the county rate, the amount shall not be borrowed, except in pursuance of a provisional order made by the Local Government Board and confirmed by Parliament. (^) " Sub-sections (2) and (3)."— These areas follows : (2) The sum borrowed shall not at any time exceed, with the balances of all the outstanding loans contracted by the local authority under the Sanitary Acts and this Act, in the whole the assessable value for two years of the premises assessable within the district in respect of which such money may be borrowed. (3) Where the sum proposed to be borrowed with s-uch balances (if any) woidd exceed the assessable value for one year of such premises the Local Government Board shall not give their sanction to such loan until one of their inspectors has held a local inqixiry and reported to the said Board. 67 Tlie Education Act, 1902. 20. Arrangements between councils. — An authority having powers under this Act — ■ [a] may make arrang-omonts witli the council of any county, horougl), district, or parisli, wliotlier a local education authority or not, for tlu' exercise by the council, on siu'h terms and subject to such conditions as may l)e agreed on, of any powers of tlie autliority in respect of the manage- ment of any school or college within the area of the council ; and (6) if the authority is the council of a non-coimty boroiigh or url)an district may, at any time after the i)assing of this Act, by agreement witli tlie council of the county, and with the approval of the Board of Education, relinquish in favour of the council of the county any of their powers and duties under this Act, and in that case the powers and duties of the authority so reliuquislied shall ceaso, and the area of the autliority, if tiie powers and duties relinquished include powers as to elementary education, shall as respects those powers be part of the area of the county council. 21. Provisional orders and schemes — 38 & 39 Vict. c. 55. — (1.) Sections two hundred and ninety-seven and two hundred and ninety-eight(') of the Public Health Act, (1) " Sections 297 and 298 of the Pvblic Health Act, 1875."— The sections of statute 38 & 39 Vict. c. 5.5 thus incorporated with the adaptation prescribed read thus : — Sect. 297 : " With respect to provisional orders authorised to be made by the Board of Education iinder this Act, the following enactments shall be made : — (1) The Board of Education shall not make any provisional order under this Act unless public notice of the purport of the proposed order has been previously given by iidvertisemeiit in two successive weeks ia some local news- l»aper circulating in the district to which such provisional order relates. (2) Before making any such provisional order, the Board of Education shall consider any objections which may be made thereto by any persons affected thereby, and iu 68 The Education Act, 1902. 1875 (which relate to provisional orders), shall apply to any provisional order made under this Act as if it were made under that Act, bnt references to a local authority shall be construed as references to the authority to whom the order relates, and, references to the Local Government cases where the subject matter is one to which a local inquiry is applicable, shall cause to be made a local inquirj-, of which public notice shall be given in manner aforesaid, and at which all persons interested shall be permitted to attend and make objections. (3) The Board of Education may submit to Parliament for confirmation any provisional order made by it in pursuance of this Act, biit any such order shall have no force whatever unless and until it is confirmed by Parliament. (4) If while the Bill confirming any such order is pending in either House of Parliament, a petition is presented against any order comprised therein, the Bill, so far as it relates to such order, may be referred to a Select Committee, and the petitioner shall be allowed to appear and oppose as in the case of private Bills. (5) Any Act confirming any provisional order made in pursuance of any of the Sanitary Acts, or of this Act, and any Order in Council made in pursuance of any of the Sanitary Acts, may be repealed, altered, or amended by any provisional order made by the Board of Ediication and confirmed by Parliament. (6) The Board of Education may revoke, either wholly or partial!}', any provisional order made by them before the same is confirmed by Par liameut, but such revocation shall not be made whilst the Bill confirming the order is pending in either House of Parliament. (7) The making of a provisional order shall be primo. facie evidence that all the requirements of this Act in respect of proceedings required to be taken previously to the making of such provisional order have been complied with. (8) Every Act confirming any such provisional order shall be ■leemed to be a public general Act. Sect. 298 : The reasonable costs of any local authority in respect of provisional orders made iu pursuance of this Act, and of the inquiry preliminary thereto, as sanctioned by the Board of Education, whether in promoting or opposing the same, shall be deemed to be expenses properly incurred for purposes of this Act by the ocal authority interested in or affected by such provisional orders, and such costs shall be paid accordingly, and if thought expedient by tlie Board of Education, the local authority may contract a loan for the purpose of defraying such costs."' iid The Education Act, 1902. Board shall be constnietl as references to tlie Board of Education. (2) Any scheme or provisional order under tliis Act may contain such incidental or consequential provisions as may appear necessary or expedient. (3) A scheme under this Act when approved shall have effect as if enacted in this Act, and any such scheme or any Provisional Order made for the purposes of such a scheme may be revoked or altered by a scheme made in like manner and having the same effect as an original seheiue. 22. Provision as to elementary and hiijlicr education poivers respectively. — (1) In this Act and in the Elemen- tary Education Acts the expression '"elementary school"' shall not include any school carried on as an evening school under the regulations of the Board of Education. (2) The power to provide instruction imder the Elementary Education Acts, 1870 to 1900, shall, except where those Acts expressly provide to the contrary, l)e limited to the provision in a public elementary school of instruction given under the regulations of the Board of Education to scholai's who at the close of the school year will not be more than sixteen years of age : Provided that the local education authority may, with the consent of the Board of Education, extend those limits in the case of any such school if no suitable higher education is available within a reasonable distance of the school. (3) The jjower to supply or aid the sujjply of edu- cation otlier than elementary includes a power to train teachers, and to supply or aid the su]jj)ly of any education except where that education is given at a public elementary school. 23. Miscellaneous provisions — 51 Si. 52 Vict. c. 42 — 54 & 55 Vict. c. 73—51 lI" 52 Vict. c. 41—33 & 34 Vict. c. 75. — (1) The powers of a coimcil under this Act shall include the provision of vehicles or the payment of 70 The Education Act, 1902. reasonable travelling' expenses for teachers or children attciuling- school or college whenever the council shall consider sncli provision or payment required by the cir- cumstances of their area or of any part tliereof . (2) The power of a council to supply or aid the supply of education other than elementary, shall include power to nuike provision for the purpose ontside their area in cases where they consider it expedient to do so in the interests of their area, and shall include power to provide or assist in providing- scholai'ships for, and to pay or assist in paying the fees of, students ordinarily resident in the area of the council at schools or colleges or hostels Avithin or without that area. (3) Tlu! connty councillors elected for an electoral division consisting wholly of a borough or urban district whose council are a local education authority for the l)Ui*pose of Part III. of this Act, or of some part of such a borough or district, shall not vote in respect of any question arising before the county council which relates only to matters under Part III. of this Act. (4) The amount which would be produced by any rate in the pound shall be estimated for the purposes of this Act in accordance with regulations made by the Local Government Board. (5) The Mortmain and Charitable Uses Act, 1888, and so much of the Mortmain and Charital)le Uses Act, 1891 ('), as requires that land assured by will shall lie sold witliin one year from the deatli of tlie testator, shall not apply to any assurance, within the meaning of the said Act of 1888, of land for the purpose of a schoolhouse for an elementary school. (6i A woman is not disqualified, either by sex or marriage, for being on any body of managers or education committee under this Act. (') " The Mortmain and Charitable Uses Adf." — Statutes 51 & 52 Vict. c. 42, and 54 & 55 Vict. c. 73. 71 The Education Act, 1902. (7) Teachers in a school maintained bnt not provided by the local education aiitliority shaU be in the same position as respects disqualification for office as members of the authority as tcacliers in a school provided by the autliority. (8) Population for the purposes of this Act shsll be calculated accoi'ding to tlie census of nineteen hundred and one. (9) Sub-sections one and five (') of section eighty-seven of the Local Government Act, 1888 (which relate to local inquiries), shall apply with respect to any order, consent, sanction, or approval which the Local Government Board are authorised to make or give under this Act. (10) The Board of Education may, if they think fit, hold a public inquiry for tlie purpose of the exercise of any of their powers or the performance of any of their duties under this Act, and section seventy-three of the Elemen- tary Education Act, 1870, shall apply to any public in- quiry so held or held under any other provision of this Act. (') " 8ub-sectio)is (1) a}id (5)." — These run as follows : (1) Where the Local Government Board are authorised by this Act to make an inquiry, to determine any difference, to make or confirm any order, to frame any scheme or to give any consent, sanction, or approval to any matter, or otherwise to act under this Act, they may cause to be made a local inquiry, and in that case, and also in a case where they are required by this Act to cause to be made a local inquiry, sections 293-296, both inclusive, of the Public Health Act, "l 875 (38 & 39 Vict. c. 55), shall apply as if they were herein re-enacted and in terms made applicable to this Act. (5) Where the Board cause any local inquiry to be held under this Act, the costs incurred in relation to such inquiry, including: the salary of any inspector or officer of the Board engaged in such inquiry, not exceeding three guineas a day, shall be paid by the councils and other authorities concerned in such inquiry, or by such of them and in such proportions as the Board may direct, and the Board may certify the amount of the costs incurred, and any sum so certified and directed by the Board to be jjaid by any council or authority shall be a debt to the Crown from such council or authority. The Education Act, 1902. •24. Interpretation— hi & 52 Vict. c. 41.— (1) Unless the context otherwise requires, any expression to which a special meaning- is attached in the Elementary Education Acts, 1870 to 1900, shall have the same meaning in this Act, (2) In this Act the expression " minor local authority " means, as respects any school, the council of any borough or urban district, or the parish council or (where there is no parisli council) the parish meeting of any parish, which apjjears to the county council to be served by the school. Where the school appears to the county council to serve the area of more than one minor local authority the county council shall make such provision as they think jiroper for joint appointment of managers by the aiithorities concerned. (3) In this Act the expressions "powers,"(0 " duties,"(_*) '• property,"(3) and " liabilities "(^) shall, unless the context (') '^Powers" includes rights, jurisdiction, capacities, privileges and immunities. {") ^'Duties " includes responsibilities and obligations. (•*) " Property " includes all property, real and personal, and all estates, interests, easements, and rights, whether equitable or legal, in, to, or out of property real and personal, including things in action, and registers, books, and documents ; and when used in relation to any quarter sessions, clerk of the peace, justices, board, sanitary authority or other authority, includes any property which on the appointed day belongs to, or is vested in, or is held in trust for, or would but for this Act have, on or after that day, belonged to, or been vested in, or held in trust for, such quarter sessions, clerk of the peace, justices, board, sanitary authority, or other authority ; and the expression "property" further includes in the case of the County of Chester any surplus revenue of the River Weaver Trust, which is or would but for this Act be payable to the quarter sessions. (') The expression " Uahih'tics" includes liability to any proceeding for enforcing any duty or for pimishing the breach of any duty, and includes all debts and liabilities to which any authority are or would but for this Act be liable or subject to, whether accrued due at the date of the transfer or subse- quently accruing, and includes any obligation to carry or apply any money to any sinking fund or to any particular purpose. "Powers, duties, and liabilities" includes all powers, duties, 73 E The Education Ad, 1902. otherwise requires, have the same meanings as in the Local Government Act, 1888. (4) In this Act the expression " college " includes any c'llucational institution, whether residential or not. (5) In this Act, unless tJie context oihorwise requires, \he expression " trust deed " includes any instrument regulating the trusts or management of a school or college. 25. Provisions as to proceedings, transfer, S:c., applica- tion of enactmenta and repieal. — (1) The provisions set ■,mt in the First and Second Schedules to this Act relating to education committees and managers, and to the transfer of property and officers, and adjustment, shall have effect for the purpose of carrying" the ])rovisions of this Act into effect. (2) In the application of the Eleaieatary Education Acts, 1870 to 1900, and other provisions referred to in that schedule, the modifications specified in the Third Schedule to this Act shall have effect. (3) The enactments mentioned in the Tourth Schedule to this Act fehall be repealed to the extent specified in the third column of that schedule. 26. Application of Act to Scilly Islands. — For the purposes of this Act the Council of the Isles of Scilly shall be the local education authority for the Scilly Islands, and the expenses of the council imder tlus Act shall ha general expenses of the Council. 27. Extent, commencement, and short title — 1 Edw. 7, c. 11—2 Ed IV. 7, c. 19.— (1) This Act shall not extend to Scotland or Ireland, or, except as expressly provided, to London. (2) This Act sliall, except as expressly ]>rovidcd,(') come into operation on the ;i])])ointod day, aud the apiioiiit<>d day shall be the twonty-sisth day of Marcli nineteen lumdrod and liahilities conferroil or imposed l>y or arieingr under any local and iiorsoual Act. (1) "Except as expressly provided." — Tbis refers to sub- soction (3). 74 The Education Act, 1902. and three, or siicli other day not being more than eighteen nioutlis later, as the Board of Education may appoint, and different days may be appoint jd for different purposes and for different provisions of tliis Act, and for different councils. (3) The period during which local authorities may, under the Education Act, 1901, as renewed hy the Education Act, 1901 (Renewal) Act, 1902, empower school boards to carry on tlie work of the schools and classes to which those Acts relate shall be extended to the appointed day, and in the case of London to the twenty-sixth day of March nineteen hundred and four. 1 1) This Act may be cited as •' The Education Act, 1902"; and th(! Elementary Education Acts, 1870 to 1900, and this Act may be cited as " Tlie Education Acts, 1870 to 1902." ?5 SCHEDULES. FIRST SCHEDULE— PART A. Provision as to Education Committees. (1.) Tlu! founeil by wlioiu au educatioii committee is estalilislied may make regulations as to the quorum, proceedings, and place of meeting of that committee, but, subject to any such regulations, the quorum, proceedings, and i)lace of meeting of the committee ehall be such as the committee determine. (2.) The chairman of the education committee at any meeting of the committee sliall, in case of an equal division of votes, have a second or casting vote. (3.) The proceedings of an education committee shall not be invalidated by any vacancy among its members or by any defect in the election, appointment, or qualitication of any members thereof. (4.) Minutes of the proceedings of an education committee shall be kept in a book provided for that purpose, and a minute of those proceedings, signed at the same or next ensuing meeting l)y a person describing liimself as, or appearing to })e, chairman of the meeting of the committee at which tlie minute is signed, shall be received in evidence without further proof. (o.) Until the contrary is proved, au education com- mittee sliall be deemed to have been duly constituted and to have power to deal with any matters referred to in its minutes. Schedules fo the Education Act, 1902. (6.) An education committee may, subject to any directions of the council, appoint sucli and so many sub- committees, consisting either wholly or partly of members of the committee, as the committee thinks tit. 78 Schedules fn the Education Act, 1902. FIRST SCHEDULE— PART B. Provision as to Managers. (1.) A body of managers may choose their chairman, except in cases wiiere there is an ex-officio chairman, and regulate their qnornm and proceedings in snch manner as they think fit, subject, in the case of tlie managers of a scliool provided by the local education authority, to any directions of that authority. Provided tliat the quorum .sh.iU not be less than three, or one third of the whole numljer of managers, wliichever is the greater. (2.) Every question at a meeting of a body of managers shall be determined by a majority of the votes of the managers present and voting on the question, and in case of an equal division of votes the chairman of the meeting sliall have a second or easting vote. (3.) The proceedings of a body of managers shall.notbe invalidated by. any vacancy in their number, or by any defect in tlie election, appointment, or qualification of any manager. (4.) The body of managers of a school provided by the local education authority shall deal with such matters relating to the management of tlie school, and subject to such conditions and restrictions as the local education authority determine. (5.) A manager of a school not provided by the local education authority, appointed by that authority or by the minor local authority, shall be removable by the authority by whom he is appointed, and any such manager may resign his office. (6.) The body of managers shall hold a meeting at least once in every three months. 79 Schedule!^ to the Education Act, 1902. (7.) Any two managers may convene a meeting of the body of managers. (8.) The minutes of the proceedings of every body of managers shall l)e kept in a book provided for that purpose. (9.) A minute of the proceedings of a body of managers, signed at the same or the next ensuing meeting by a jierson describing himself as, or appearing to he, chairman of the meeting at which the minute is signed, shall be received in evidence without further proof. (10.) The minutes of a body of managers shall lie open to inspection by the local education authority. (11.) Until the contrary is proved a body of managers shall be deemed to be duly constituted and to have power to deal with the matters referred to in tlieir minutes. 80 Schedides to the Education Act, 1902. SECOND SCHEDULE. Provisions as to Transfer of PROPERTy and Officers, and Adjustment. (1.) The property, powers, rights, and liabilities (iuclud- ing aiiy property, powers, rights, and liabilities vested, conferred, or arising nnder any local Act or any triist deed) of any school board or school attendance committee existing at the appointed day, shall be transferred to the council exercising the powers of the school board. (2.) "Where, under the provisions of this Act, any council i-elinqnishes its powers and duties in favour of a county council, any property or rights acquired, and any liabilities incurred for the purpose of tlie performance of the powers and duties relinquished, including any property or rights vested or arising, or any liabilities incurred under any local Act or trust deed, shall be transferred to the county council. (3.) Any loans transferred to a council under tliis Act shall, for the purpose of tlie limitation on the powers of the council to l)orroAV, be treated as money borrowed imder this Act. (4.) Any liability of an urban district council incurred nnder the Technical Instruction Acts, 1889 and 1891 ('), and charged on any fund or rate shall, by virtue of this Act, become charged on the fund or rate out of which the expenses of the council under this Act are payable, instead of on the first -mentioned fund or rate. (5.) Section two of this Act shall apply to any balance of tlie residue nnder section one of the Local Taxation (Customs and Excise) Act, 1890, remaining unexpended and unappropriated by any council at the appointed day. (1) " The Technical Instruction Acts, 1889 4- 1891 "—repealed by the fourth schedixle of the Act. See page 91 infra. 81 E 3 ScJiechtles to tJie Education Act, 1902. (6.) Where the liabilities of a school hoard transferred to the local education authority under this Act comprise a liability on account of money advanced by that authority to the school board, the Local Government Board may make such orders as they think fit for providing for the repayment of any debts incurred by the authority for the purposes of those advances within a period fixed by the order and, in case the money advanced to the school board has been money standing to the credit of any sinking fund or redemption fund or capital money aj^plied under the Local Government Acts, 1888 and 1894, or either of them, for the repayment to the proper fund or account of the amount so advanced. Any order of the Local Government Board made under this provision shall have effect as if enacted in this Act. (7.) Where a district council ceases by reason of this Act to be a school authority witliin the meaning of the Elementary Education (Blind and Deaf Children) Act, 1893,0 0^ 11^^ Elementary Education (Defective and Epileptic Children) Act, 1899, ("j any property or rights acquired and any lialnlities incurred under those Acts shall be transferred to the county council, and notwith- standing anything in this Act, the county council may raise any expenses incurred by tliem to meet any liability of a school authority under those Acts (whether a district coiincil or not) and transferred to the county council, off the whole of their area, or off any parish or parishes which in the opinion of the council arc served by the school in respect of which the liability has been incurred. (^) " The Elementary Education (Blind and Deaf Children) Act, 1893." — The district council, acting through a committee of that counoil appointed for educational purposes, is the school authority for an area not under a school board for the purposes of the Element iry Education (Blind and Deaf Children Act), 1893. (5(5 & 57 Vict. c. 42). See sect. 4 {h) of that Act. (-) " Tlie Elementary Education (Defective and Epileptic Children) Act, 1899." — The school authority is the same as in the preceiing. See Statute 62 & 63 Vict. c. 32, sect. 1. 82 Schedules to the Education Act, 1902. (8.) Sections eighty-five to eighty-eig-lit(^) of the Local Government Act. 1894 (which contain transitory pro- visions), shall apply with respect to any transfer mentioned in this schedule, subject as follows : — (a) References to "' the appointed day " and to " the passing of this Act " shall be construed, as respects a case of relinquishment of powers and duties, as references to the date on which the relinquish- ment takes eifect ; and (h) the powers and duties of a school board or school attendance committee which is abolished, or a council which ceases under the provisions of this Act to exercise powers and duties, shall be deemed to be powers and duties transferred under this Act; and (c) sub-sections four and five of section eighty-five sliall not apply. (9.) The disqualification of any persons who are at the time of the passing of this Act members of any council, and who will become disqualified for office in consequence of this Act, shall not, it the council so resolve, take effect until a day fixed by the resolution, not being later thin the next ordinary day of retirement of councillors in the case of a county council, the next ordinary day of election of councillors in the case of the council of a borough, and the fifteenth day of April in the year nineteen hundred aud four in the case of an urbau district council. (10.) No elci'tion of mambers of a school board tliall be held after the passing of this Act, and the lerm of office of members of any school board holding office at the pass- ing of this Act, or appointed to fill casual vacancies after that date, shall continue to the appointed day, and the (') Sjction 85 provides for current rates, etc., Section 8f> contains a saving for existing securities, Section 87 a saving for existing bye-laws, aud Section 88 a saving for pending actions and contracts, etc. 83 tSchednhff to the Education Act, 1902. • Board of Education may make orders Avith respect to any matter which it appears to them necessary or expedient to deal witli for the purpose of carrying this provision into effect, and any order so made shall operate as if enacted in iliis Act. (11.) Where required for the purpose of bringing the accounts of a scliool to a close before the end of the financial year of the school, or for the purpose of meeting any change consequent on this Act. the Board of Education may calculate any Parliamentary grant in respect of any month or otlier period less than a year, and may pay any Parliamentary grant ^yhich has accrued before the appointed day at such times and in such manner as they think fit. (12.) Any Parliamentary grant payable to a puldic ele- mentary school not provided by a school board in respect of a period before the appointed day shall be paid to the persons who were managers of the school immediately before that day. and shall be applied by them in payment of the outstanding liabilities on account of the school, and so far as not required for that pui'pose shall l)e paid to the persons who are managers of the school for the purjwses of this Act, and shall be applied l)y them for the purposes for winch proA'ision is to be made imder this Act by those managers, or for the beiu'fit of any general fund applical)le for those purposes ; Provided that the Board of Education may, if they think fit, pay any share of the aid grant under the Voluntary Schools Act. 1897. allotted to an association of voluntary schools to the governing body of that association, if such governing body satisfy the Board of Education that proper arrangements have been made for the application of any sum so paid. (13.) Any school which lias been provided by a school board or is deemed to liave been so provided shall be treated for tlw; purposes of the Elementary Education Acts, 1870 to 1900, and this Act, as a school which has been provided by the local education authority, or 84 Schedules to the Education Act, 1902. which is tieemed to have been so provided, as the case may be. (14.) The local education authority shall be entitled to use for the purposes of the school any school furniture and a]>paratus belonging to the trustees or managers of any public elementary school not provided by a school board, and in use for the purposes of the school before the appointed day. (15.) During the period between the passing of this Act and the appointed day, the managers of any public elementary school, wliether provided l)y a school board or not, and any school attendance committee, shall furnish to the council, which will on the appointed day become the local education authority, such information as that council may reasonably require. (16.) The officers of any authority wliose property, rights, and liabilities are transferred under this Act to any council shall be transferred to and become the officers of that council, but that council may abolish the office of any such officer whose office they deem unnecessary. (17.) Every officer so transferred shall hold his office l)y the same tenui'e aiul on the same terms and conditions as before the transfer, and while performing the same duties shall receive not less salary or remimeration than theretofore, but if any such officer is required to perform duties which are not analagous to or which are an unreason- able addition to those which he is required to perform at the date of the ti'ansfer, he may relinquish his office and any officer who so relinquishes his office, or whose office is abolished, shall be entitled to compensation iinder this Act. (18.) A council may, if they think fit, take into account continuous ser^dce under any school boards or school attendance committees in order to calculate the total period of service of any officer entitled to compensation under this Act. (19.) If an officer of any authority to which the Poor 85 SrlifdiiJfy to the Education Act, 1902. Law Officers' Supci-aimiiaiiou Acf . 1896, (M applies is under this Act transferred to any council, and has made tlie annual contributions required to be made under tliat Act the provisions of that Act shall apply, subject to such modifications as the Local Goyernmeut Board may by order direct for the purpose of making that Act applicable to the case. (20.) Any local education authority who have estaljlished any pension sclieme, or scheme for the superannuation of their officers, may admit to the benefits of that scheme any officers transferred under this Act on such terms and conditions as they think fit. (2L) Section one hundred and twenty of the Local Government Act, 1888, which relates to compensation to existing officers, shall applyas respects officers transferred under tliis Act, and also (with the necessary modifications) to any other officers who, by virtue of this Act or anything doue in pursuance or in consequence of this Act, suffer direct peeimiary loss by abolition of office or by diminution or loss of fees or salary, in like manner as it applies to officers transferred under tliis Act, subject as folloAvs : — (rt) any reference in that section to the county council shall include a reference to a borough or urban district council ; and (b) references in that section to " the j)assing of this Act " shall be construed, as respects a case of relinquishment of powei's and duties, as references to the date on which tlie relinquishment takes effect ; and (c) any reference to powers transferred shall be con- strued as a reference to property transferred ; and (') " The Poor Law Offi,cers' Superannuation Act, 1896." — Statute 59 & 60 Vii;t. c. 50. "An Act to provide s-uper- annnation allowances to poor law officers and servants, and for contributions towards sucli allowances by such officers and servants and to make other relative provisions." 86 Srh'(lule.ation enforcing duties under the Elementary Education Acts 60 Marine Schools — Provisions of the Act as to 59 Marriage — Not to disqualify a woman as manager or member of education committee 71 Meetings — Of education committees, rules for 77, 78 Of managers, rules for 79,80 Minor Local Auihority — Definition of 73 To appoint managers, when county council are local education authority 49, 50 Minutes — Of education committee 77 Of managers 80 Modification of Acts 88-90 Modification of Trust Deeds — ■ Provisions of the Act as to 55,58 Monmouth 62 Mortmain — ■ Enactments as to, excluded in certain cases 71 Necessity of Schools — Powers of Board of Education for determining 54 New Schools — Provision of 53 Newport 62 101 huJ, Nomination vaoe By bodies other than the council of memliers of the education committee 61 NoN-CouNTT Boroughs — Local Education Authority in. what is 45, 46 Notices — To be given under the Act 56, G2, 64 Office Holder — When disijualified for membership of education committee 61 Orders 68-70 Outside the Area — Powers of local autliority to provide education 71 Overseers of the Poor — Payments to 59 Parents' Wishes — To be regarded by the Board of Education in deciding' a^ to necessity of schools or new schools 54 Parish — Overseers of the. payments to be n a-le to the 59 Parish Council — When the, is a '■ minor local authority " 7r? When the, may appoint managers 49 Parish Meeting When the, is a '• minor local authority "' 73 When the, may appoint inaEasois ... 49 Parliamentary Grant 55 Payments 06 Place of Profit — What, disqualifies for membership of education committee 01 Poor Eate — When to bo aided by nn^ney arising from endow- ment 59 102 Inde.r. Population — paur When material, for deciding as to what is the local education authority 45,46 To be determined by the census of 1901 72 Powers — Defined 72 Propeety — Defined 72 Proportion of Managers — Of different classes, provisions as to 49,50 Provisional Orders 68-70 Public Elementary Schools — Eate-provided 49 Voluntary 49 Public Health Acts 67,68 Public Inquiry — In what cases to be held 72 Pupil Teachers — Provisions as to the appointment of 52 Qualification of Managers 55-57 Qualification of Teachers 72 Quorum — Of Education Committee 77 Of Manag-era 70 Eates — What amount of, can be applied for higher educa- tion 47 Power of raising not to be delegated to education committees 60 Rate-Provided Schools 49 Receipts 66 Religious Instruction — Rules as to in schools for higher education 47, 40 In voluntary schools, character of 52 Effect of trust deeds as to 53 103 Indej', EeLINQTTISHMENT — PAGE By council of its powers 68 Eepairs — Provisions as to in voluntai-y schools 51,52 Provision as to fair wear and tear 51 Repeals or former Enactments 74,91-94 Residue of the Whiskey Money — To be applied for higher education 9 Balance to be carried forward 9 , Resignation of a Manager — In voluntary school appointed by local education authority or minor local authority allowable ... 79 Rooms — Use of, out of school hours 52 EULES^ As to education committee.s 77, 78 As to managers 79,80 Schemes — For appointment of education committees Gl-63 What they must provide for fil To be approved by the Board of Education 60 Conditions to be observed before approving 62 Result when none is made and approved within twelve months 62 In case of Wales, Monmouth and Newport 62 SciLLY Islands 74 School — Rate-provided 49 Voluntary 49 School Fees — How to be applied 59 School Attendance Committees — Abolished 49 Powers and duties of, transferred to the local education authority 49 Kit Tiid(\i'. School Boards — page Abolish ed 49 Powers and duties of, transferred to the local education authority 49 Members of existing, as members of first education committees 61 Scotland — The Act does not extend to 74 Secular Instruction^ In -volnntary schools, provisions as to 50 Security for Loans 67 Sex — Does not disqualify a woman for being a member of the education committee or a manager Tl Sunday Schools - Scholar attending as day or evening scholar in school receiving aid from council not to be required to attend or abstain from attending ... 48 SuPERANNUATIOSr 86 Superior EccLEsrASTi:;AL AurnoRrrr — Trust deed providing for, reference to 53 Teachers — Appointment of 50-53 Technical Instruction Acts — Regard to be ha I to steps already taken under 47 Times for Religious Worship 48 Total Debt of a County — Money borrowed under the Act not to be reckoned as part of C7 Transference — Of officers 85 Of property ■• 81 Travelling Expenses- Provision of, under the Act, for teachers or children 70 105 P 3 Index. Trust Deed — page Prevalence of, as to religious instruction 53 Appointment of foundation managers under 55 Modification of 55,57 Urban District Council — Wben the, is the local education authority 40 Urgency — Excuses local education authority from acting without committee's report 60 Use of Rooms — As between the local education authority and the managers in a voluntary school 52 Vehicles — Provision of, under the Act, for teachers or children 7<> Voluntary Schools 5 Voluntary Schools Act, 1897 — A'd grant in lieu of 54 Voting — Rules as to, for education committee 77 Rules as to, for managers 79 Wales 62 Whiskey Money — Fxplained 9 Retidue of, to be applied for higher education 9 Balance to be carried forward 9 Women — Not disqualified by sex or marriage for being members of education committees or managers... 71 Scheme for education committees must provide for the inclusion of 61 lOG LAW BOOKS, &o., PUBLISHED BY Hioi^^GE ooix: Third Edition, price 5s., post free. \\;iIARTON'S LEGAL MAXIMS, with Observations and ' ' Cases. 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