Education (Miscellaneous Provisions) Act 1953

JurisdictionUK Non-devolved
Citation1953 c. 33


Education (Miscellaneous Provisions) Act , 1953

(1 & 2 Eliz. 2) CHAPTER 33

An Act to amend the law relating to education in England and Wales; and to make further provision with respect to the duties of education authorities in Scotland as to dental treatment.

[14th July 1953]

Be it enacted by the Queen'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:—

S-1 Extension of definition of ‘displaced pupils’for purposes of s. 104 of principal Act.

1 Extension of definition of ‘displaced pupils’for purposes of s. 104 of principal Act.

1. For the purposes of section one hundred and four of the Education Act, 1944, in this Act referred to as ‘the principal Act’ (which empowers the Minister, where he directs that a school proposed to be established shall be an aided school or a special agreement school and is satisfied that the establishment of the school is due to the need to provide education for a substantial number of displaced pupils, to pay to the managers or governors of the school a grant not exceeding one half of so much of the amount expended in constructing the school as is in his opinion attributable to the provision of education for such pupils), the expression ‘displaced pupils’ shall, in relation to a proposed school, include pupils who, in consequence of action taken or proposed to be taken under the enactments relating to housing or to town and country planning, have ceased to reside in the area served by some other aided school or special agreement school, being—

a ) pupils for whom education was being provided in that other school immediately before they ceased to reside in the area served by it; or
b ) pupils, other than as aforesaid, for whom education would, in the opinion of the Minister, have been provided in that other school had they continued to reside in the area served by it
S-2 Power of Minister, in certain circumstances, torequire local education authority to defray expenses of establishing acontrolled school.

2 Power of Minister, in certain circumstances, torequire local education authority to defray expenses of establishing acontrolled school.

2. Where—

a ) any persons submit, under subsection (2) of section thirteen of the principal Act, to the Minister proposals for the establishment by them, or by persons whom they represent, of a new school (otherwise than by way of the enlargement of an existing school) and for its maintenance by the local education authority as a voluntary school; and
b ) the persons who submit the proposals and the local education authority show to the satisfaction of the Minister that the establishment of the school is 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; and
c ) no application is made under subsection (2) of section fifteen of the principal Act to the Minister for an order directing that the school shall be an aided school or a special agreement school

the Minister may by order direct that the whole, or a specified part, of so much of the cost incurred in the establishment of the school as would, apart from the order, fall to be defrayed by the persons who establish it shall be defrayed by the local education authority.

S-3 Extension of power of Minister to require localeducation authority to pay for enlargement of a controlled school.

3 Extension of power of Minister to require localeducation authority to pay for enlargement of a controlled school.

3. Subsection (1) of section one of the Education Act, 1946 (which empowers the Minister, if satisfied that it is expedient that a controlled school should be enlarged and 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, to direct that the expense of giving effect to proposals for carrying out the enlargement shall be payable by the local education authority) shall have effect as if, at the beginning of paragraph (b ) thereof, there were inserted the words ‘either (i)’, and as if, at the end of that paragraph, there were added the words—

‘or

(ii) that the enlargement is desirable for the better provision of secondary education at the premises to be enlarged or for securing that there is available for the area of the authority a sufficiency of suitable secondary schools or for both those reasons, and is not likely to amount to the establishment of a school of a new character’.

S-4 Duties of local education authorities in England andWales as to dental treatment.

4 Duties of local education authorities in England andWales as to dental treatment.

(1) It shall be the duty of every local education authority to make such arrangements as are necessary for securing that there are available for pupils for whom primary, secondary or further education is provided by them at a school or county college maintained by them comprehensive facilities for free dental treatment provided either—

(a ) by persons employed or engaged by, and at the expense of, the authority, either regularly (whether whole-time or part-time) or for the purposes of particular cases; or

(b ) under arrangements made by a Regional Hospital Board or the Board of Governors of a teaching hospital within the meaning of the National Health Service Act, 1946;

or partly in the one way and partly in the other; and every local education authority shall have power to make arrangements for rendering available, to senior pupils for whom secondary or further education is provided by the authority at any other educational establishment maintained by them, any facilities which they have caused to be made available in the discharge of the duty imposed on them by the foregoing provisions of this subsection.

(2) Subsections (4) and (5) of section forty-eight of the principal Act (which provide for encouraging pupils to take advantage of facilities for medical treatment provided under that section and for requiring the managers or governors of a voluntary school to provide facilities for the purpose of enabling the local education authority to carry out their functions under that section), shall have effect as if references to the facilities mentioned in subsection (3) of that section, medical treatment provided under that section and functions of the local education authority under that section included respectively references to facilities rendered available in pursuance of subsection (1) of this section, dental treatment provided under that subsection and functions of a local education authority under that subsection.

S-5 Duties of education authorities in Scotland as todental treatment.

5 Duties of education authorities in Scotland as todental treatment.

(1) It shall be the duty of every education authority to make such arrangements as are necessary for securing that there are available for pupils in attendance at any public school and young persons in attendance at any junior college or other educational establishment under their management comprehensive facilities for free dental treatment provided either—

(a ) by persons employed or engaged by, and at the expense of, the authority, either regularly (whether whole-time or part-time) or for the purposes of particular cases; or

(b ) under arrangements made by a Regional Hospital Board within the meaning of the National Health Service (Scotland) Act, 1947;

or partly in the one way and partly in the other; and every education authority shall have power to make arrangements for rendering available to other pupils in attendance at any educational establishment under their management any facilities which they have caused to be made available in the discharge of the duty imposed on them by the foregoing provisions of this subsection.

(2) Subsections (4) to (7) of section fifty-one of the Education (Scotland) Act, 1946 (which provide for encouraging pupils to take advantage of facilities for medical treatment provided under that section, for the medical supervision and treatment of pupils being educated under special arrangements or at schools and other educational establishments not under the management of an education authority, and for the furnishing of information to the Secretary of State) shall have effect as if the references to the facilities mentioned in subsection (3) of that section, to medical treatment provided under that section and to functions of the education authority under that section included respectively references to the facilities rendered available in pursuance of subsection (1) of this section, to dental treatment provided under that subsection and to functions of an education authority under that subsection.

(3) In subsection (1) of section one hundred and forty-three of the Education (Scotland) Act, 1946, in the definition of ‘medical treatment’ the words ‘or by any person registered under the Dentists Act, 1878’ are hereby repealed.

(4) This section shall be construed as one with the Education (Scotland) Acts, 1939 to 1949, and may be cited together with those Acts as the Education (Scotland) Acts, 1939 to 1953.

(5) This section shall extend to...

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