Elementary Education Act 1873
| Jurisdiction | UK Non-devolved |
| Citation | 1873 c. 86 |
| Year | 1873 |
Elementary Education Act, 1873
(36 & 37 Vict.) CHAPTER 86.
An Act to amend the Elementary Education Act (1870), and for other purposes connected therewith.
[5th August 1873]
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:
Preliminary.
1 Short title.
1. This Act may be cited as theElementary Education Act, 1873; and this Act and the Elementary Education Act, 1870(in this Act referred to as the principal Act), may be cited together as the Elementary Education Acts, 1870 and 1873.
2 Construction of Act.
2. This Act shall be construed as one with the principal Act, and the expression ‘this Act’ in the principal Act shall be construed to include this Act.
Expenses of Education.
3 Repeal of 18 & 19 Vict. c. 34. \(Denison's Act), and substitution of other provisions.
3. The Act of the session of the eighteenth and nineteenth years of the reign of Her present Majesty, chapter thirty-four, intituled ‘An Act to provide for the education of children in the receipt of outdoor relief,’ is hereby repealed as from the first day of January one thousand eight hundred and seventy-four; and in lieu thereof be it enacted as follows:
Where relief out of the workhouse is given by the guardians or their order by way of weekly or other continuing allowance to the parent of any child between five and thirteen years of age, or to any such child, it shall be a condition for the continuance of such relief that elementary education in reading, writing, and arithmetic shall (unless either there is some reasonable excuse within the meaning of section seventy-four of the principal Act, or the child has reached such standard of education as may from time to time be fixed for the purpose of this Act, so far as regards any district in which byelaws under section seventy-four of the principal Act are in force by any such byelaw, and in any other district by a minute of the Education Department, or the child is employed in pursuance of a certificate under ‘The Agricultural Children Act, 1873,’ and is not attending school,) be provided for such child, and the guardians shall give such further relief (if any) as may be necessary for that purpose.
Any such relief to a parent as above mentioned shall not be granted or refused on condition of the child attending any public elementary school other than such as may be selected by the parent.
The guardians shall not have power under this section to give any relief to a parent in order to enable such parent to pay more than the ordinary fee payable at the school which he selects, or more than one farthing for each attendance at such school, as defined by the minutes of the Education Department for the time being in force with respect to the Government grant.
All relief given by guardians under this section shall be paid out of their common fund, and where given by the guardians of any union in the metropolis as defined by the Metropolitan Poor Act, 1867, shall be deemed to be expenses repayable from the Metropolitan Common Poor Fund, within the meaning of section sixty-nine of that Act, and shall be repaid to such guardians accordingly.
4 Power of Local Government Board as to relief and guardians.
4. The Local Government Board shall have the like powers with respect to guardians acting under and relief given in pursuance of this Act, as they have with respect to guardians acting under and relief given in pursuance of the Acts relating to the relief of the poor, and relief given in pursuance of this Act shall be deemed to be relief within the meaning of those Acts.
Elections.
5 Confirmation of orders as to elections, &c.
5. The orders and regulations of the Education Department mentioned in the first schedule to this Act, and all orders of the Education Department incorporating the said orders or regulations, so far as they so incorporate them, are hereby confirmed, and shall be deemed to have been duly make, and to have been within the powers contained in the principal Act, and shall continue in force until revoked or altered by any order made under the provisions of the principal Act as amended by this Act.
6 Election of school board.
6. The principal Act shall be construed as if there were substituted for the rules numbered one and three in the first part of the second schedule to the principal Act the rules in the second schedule to this Act, and the references in the principal Act to the second schedule to that Act, or the first part of that schedule, shall be construed to refer to the said schedule or the first part thereof, with the provisions so substituted; but the said substitution shall not affect anything done before the passing of this Act.
7 Overseers to allow inspection of rate books and otherwise assist returning officers.
7. If any overseer or other officer has in his possession or under his control any rate book or other document which under the Elementary Education Acts, 1870 and 1873, or any order made thereunder, constitutes the register of persons entitled to vote at an election of a school board, or at the passing of a resolution for an application for a school board, and such overseer or other officer refuses or fails to comply with the directions of any order of the Education Department confirmed by this Act, or made in pursuance of the Elementary Education Acts, 1870 and 1873, with respect to the production, inspection, or copying of such book or document, or the assisting any returning officer at any such election or passing of a resolution, such overseer or officer shall be liable, on summary conviction, to a penalty not exceeding five pounds for every day during which he so refuses or fails.
8 Amendment of 33 & 34 Vict. c. 75. s. 91. as to corrupt practices at elections.
8. Every person who under the principal Act is disqualified by a conviction for corrupt practices at any election from exercising any franchise for any term of years shall be also disqualified during the same term of years from being a member of a school board and from holding any municipal office.
9 Questioning of election and resolution.
9. The election of any member of a school board, and the passing of a resolution for an application for a school board under the Elementary Education Acts, 1870 and 1873, shall not be questioned except within six months after the declaration of the election of such member or of the passing of such resolution, whether such declaration was made before or after the passing of this Act.
Miscellaneous Amendments of
10 Amendment of 33 & 34 Vict. c. 75. s. 57. as to loans.
10. The principal Act and Acts referring thereto shall be construed as if, for section fifty-seven, which is repealed by this Act, there were substituted the following section:
Where a school board have incurred or require to incur any expense, either—
they may, with the consent of the Education Department, spread the payment over such number of years not exceeding fifty, as may be sanctioned by the Education Department, and may, with the like consent, for that purpose borrow money on security of the school fund and local rate, and may charge that fund and the local rate with the payment of the principal and interest due in respect of the loan. They may, if they so agree with the mortgagee, pay the amount borrowed with the interest by equal annual instalments not exceeding fifty, and if they do not so agree they shall annually set aside one fiftieth of the sum borrowed as a sinking fund: Provided that no such consent of the Education Department shall be granted unless proof be given to their satisfaction that the additional school accommodation which it is proposed to supply is required in order to provide for the educational wants of the district:
For the purpose of such borrowing the clauses of ‘The Commissioners Clauses Act, 1847,’with respect to the mortgages to be executed by the commissioners, shall be incorporated with this Act; and in the construction of those clauses for the purpose of this Act, this Act shall be deemed to be the special Act, and the school board which is borrowing shall be deemed to be the commissioners:
The Public Works Loan Commissioners may, on the recommendation of the Education Department, lend any money required under this section on the security of the school fund and local rate without requiring any further or other security, such loan to be repaid within such number of years not exceeding fifty, as may be recommended by the Education Department, and to bear interest at the rate of three and a half per cent. per annum.
The said substitution shall not affect anything done before the passing of this Act, except that anything done before the passing of this Act which would have been legal if the said substitution had been made shall be legal.
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