Education Act 1946
| Jurisdiction | UK Non-devolved |
| Citation | 1946 c. 50 |
| Year | 1946 |
Education Act, 1946.
(9 & 10 Geo. 6.) CHAPTER 50.
An Act to amend and supplement the law relating to education, and to amend the law relating to the execution of the Public Libraries Acts, 1892 to 1919.
[22nd May 1946]
B E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Enlargement of controlled schools.
(1) If upon the application of a local education authority and the managers or governors of a controlled school maintained by the authority the Minister of Education (hereinafter referred to as ‘the Minister’) is satisfied—
(a ) that it is expedient that the premises of the school should be enlarged to such an extent that the enlargement would amount to the establishment of a new school; and
(b ) that the enlargement is wholly or mainly required for the purpose of providing accommodation for pupils for whom accommodation would have been provided in some other voluntary school if that other school had not been discontinued or had not otherwise ceased to be available for the purpose;
then, if proposals for carrying out the enlargement are thereafter approved under section thirteen of the Education Act, 1944 (hereinafter referred to as ‘the principal Act’), the Minister may by order direct that the expense of giving effect to those proposals shall be payable by the local education authority.
(2) In this section the expression ‘enlargement,’ in relation to the premises of a school, includes any addition to those premises, and the expression ‘enlarge’ shall be construed accordingly.
2 Division of a single school into two or more schools.
(1) Where a county school, an aided school or a controlled school is organized in two or more separate departments, and proposals are submitted to the Minister—
(a ) in the case of a county school by the local education authority; and
(b ) in the case of an aided school or a controlled school, by the managers or governors of the school after consultation with the local education authority;
that the school should be divided into two or more separate schools, the Minister may by order direct—
(i) if the school is a county school, that the school shall be divided into two or more separate county schools; and
(ii) if the school is an aided school or a controlled school, that the school shall be divided into two or more separate voluntary schools;
and when any such order comes into operation it shall become the duty of the local education authority to maintain each of the separate schools constituted by the order as a county school or as a voluntary school, as the case may be.
(2) The constitution of a separate school in pursuance of any such order shall not, for the purposes of section thirteen of the principal Act, be deemed to amount to the establishment of a new school.
(3) Where any such order is made upon proposals submitted by the managers or governors of a controlled school, the order shall direct that each of the schools constituted in pursuance of the order shall be a controlled school.
(4) Where any such order is made upon proposals submitted by the managers or governors of an aided school, the order shall direct that each of the schools constituted in pursuance of the order shall be an aided school:
Provided that if the managers or governors of the original school have requested the Minister to direct that all or any of the schools constituted in pursuance of the order shall be controlled schools, the order shall direct accordingly.
(5) Subsection (4) of section fifteen of the principal Act (which relates to the circumstances in which an order directing that a school is to be an aided school is to be revoked) shall have effect as if the references therein to an order by virtue of which a school is an aided school included references to a direction that a school shall be an aided school under this section.
(6) Where an order is made under this section upon proposals submitted by the managers or governors of a voluntary school which is being conducted in accordance with the transitional provisions contained in section thirty-two of the principal Act, the provisions of that section shall continue to have effect with respect to each of the schools constituted in pursuance of the order until the question whether that school shall be a controlled school, an aided school or a special agreement school is determined by an order made under subsection (2) of section fifteen of the principal Act.
(7) Any order made under this section shall come into operation upon such date as may be specified in the order and may contain such incidental, consequential and supplemental provisions as appear to the Minister to be expedient, and, without prejudice to the generality of the preceding provisions of this subsection, may in particular provide for defining the premises of each of the separate schools to be constituted in pursuance of the order.
(8) No order shall be made under this section for the division of any school with respect to which a special agreement is in force.
3 Maintenance of voluntary schools.
(1) In relation to the maintenance of voluntary schools, the duties of local education authorities and of the managers and governors of such schools shall be performed in accordance with the provisions of the First Schedule to this Act.
(2) This section and the said First Schedule shall be deemed to have come into operation on the first day of April, nineteen hundred and forty-five.
4 Letting or hiring of school premises other than school buildings and definition of ‘school buildings.’.
(1) Any sum received after the passing of this Act by the managers, governors or trustees of a voluntary school, so far as it is paid in respect of the letting or hiring of any part of the school premises other than school buildings, shall be paid over to the local education authority.
(2) In this Act the expression ‘school buildings’, in relation to any school, means any building or part of a building forming part of the school premises, except that it does not include any building or part of a building required only—
(a ) as a caretaker's dwelling;
(b ) for use in connection with playing fields;
(c ) for affording facilities for enabling the local education authority to carry out their functions with respect to medical inspection or treatment; or
(d ) for affording facilities for providing milk, meals or other refreshment for pupils in attendance at the school;
and in the principal Act the said expression shall be deemed always to have had the meaning assigned to it by this section.
5 Powers of local education authorities to provide temporary assistance for voluntary schools.
5. The principal Act shall be deemed always to have had effect as if for section one hundred and nine thereof there were substituted the following section:—
‘109. If upon representations made to him by any local education authority the Minister is satisfied that, by reason of difficulties arising out of war conditions, or out of conditions occasioned by the coming into operation of Part II of this Act, temporary accommodation is required for any voluntary school for pupils who are attending the school or whose parents desire them to attend the school, the Minister may authorise the authority to provide, or assist in providing, temporary accommodation for the school in accordance with arrangements approved by him, so, however, that any such authority shall be withdrawn as soon as, in the opinion of the Minister, there has been a sufficient opportunity for permanent accommodation to be provided for such pupils in accordance with the development plan for the area.’
6 Power of local education authorities to execute work for the purposes of controlled schools.
6. Where a local education authority are liable to pay the expense of carrying out any building work, repair work or work of a similar character which is required for the purposes of a controlled school, that work shall, if the local authority so determine, be carried out by persons employed by the authority; and it shall be the duty of the managers or governors of the school and of any trustees thereof to provide the authority and any such persons with all such facilities as they may reasonably require for the purpose of securing that any such work is properly executed.
7 Additional provisions relating to religious worship.
(1) Subject to the provisions of this section, the collective worship with which the school day in county schools...
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