S.I. No. 386/1939 - Vocational Education Act, 1930 (Grants Under Section 109) Regulations, 1939.
STATUTORY RULES AND ORDERS. 1939. No. 386. | ||
VOCATIONAL EDUCATION ACT, 1930 (GRANTS UNDER SECTION 109) REGULATIONS, 1939. | ||
ARRANGEMENT OF REGULATIONS. | ||
PART I.—PRELIMINARY AND GENERAL. | ||
REGULATION. | ||
1. Short title. | ||
2. Application of Interpretation Act, 1937 . | ||
3. Definitions generally. | ||
4. Cesser of existing regulations. | ||
PART II.—ATTENDANCE GRANTS. | ||
5. Definitions for purposes of Part II. | ||
6. Recognised schools. | ||
7. Attendance grants. | ||
8. Increase or decrease of attendance grant. | ||
9. Restrictions on making attendance grant. | ||
10. Attendance grants only to be made to recognised schools and in respect of approved instruction. | ||
11. Payment of attendance grants. | ||
PART III.—MAINTENANCE GRANTS. | ||
12. Definitions for purposes of Part III. | ||
13. Qualified schools. | ||
14. Maintenance grants. | ||
15. Restriction on making maintenance grant. | ||
16. Payment of maintenance grant. | ||
VOCATIONAL EDUCATION ACT, 1930 (GRANTS UNDER SECTION 109) REGULATIONS, 1939. | ||
WHEREAS it is enacted by Section 109 of the Vocational Education Act, 1930 (No. 29 of 1930), that the Minister for Education may, in accordance with regulations made by the said Minister, with the consent of the Minister for Finance out of moneys provided by the Oireachtas, make grants in respect of continuation education or technical education to schools providing continuation or technical education which are not schools established and maintained by a vocational education committee : | ||
NOW, I, ÉAMON DE VALERA, Minister for Education, in exercise of the powers conferred on me by Section 109 of the Vocational Education Act, 1930 (No. 29 of 1930), and of every and any other power me in this behalf enabling, do hereby, with the consent of the Minister for Finance, make the following regulations :— | ||
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PART I. PRELIMINARY AND GENERAL. | ||
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1 Short title. | 1. These Regulations may be cited as the Vocational Education Act, 1930 (Grants under Section 109) Regulations, 1939. | |
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2 Application of Interpretation Act, 1937 . | 2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations. | |
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3 Definitions generally. | 3. In these Regulations— | |
the expression " the Act " means the Vocational Education Act, 1930 (No. 29 of 1930) ; | ||
the expression " the Minister " means the Minister for Education ; | ||
the expression " the existing regulations " means the regulations governing the administration and distribution of grants under section 109 of the act which were in force immediately before the date of the making of these Regulations ; | ||
the expression " school " does not include a school maintained by a vocational education committee; | ||
the expression " approved subjects of continuation education " means, in relation to a school, subjects which are subjects of continuation education and are approved by the Minister as suitable for such school ; | ||
the expression " approved subjects of technical education " means, in relation to a school, subjects (other than music) which are subjects of technical education and are approved by the Minister as suitable for such school ; | ||
the expression " approved programme " means a programme approved by the Minister. | ||
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4 Cesser of existing regulations. | 4. The existing regulations shall cease to apply in respect of any period commencing on or after the 1st day of September, 1939. | |
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PART II. ATTENDANCE GRANTS. | ||
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5 Definitions for purposes of Part II. | 5. In this part of these Regulations— | |
the expression " existing recognised school " means a school which was, immediately before the date of the making of these Regulations, recognised for the purposes of the existing Regulations ; | ||
the expression " academic year " means a period of twelve months commencing on the 1st day of September in the year 1939, or any subsequent year ; | ||
the expression " attendance grants " means grants under this Part of these Regulations. | ||
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6 Recognised schools. | 6. —(1) Every existing recognised school shall be a recognised school for the purposes of this Part of these Regulations and, subject to the provisions of paragraph (3) of this Regulation, continue to be a recognised school for the said purposes. | |
(2) Where the Minister is satisfied as respects any school that— | ||
(a) suitable and sufficient provision is not already availabe for the students for whom such school is intended or that such school is otherwise specially required in the locality where it is situate, and | ||
(b) the general conditions for recognition are complied with in respect of such school, | ||
the Minister may, with the consent of the Minister for Finance, recognise such school for the purposes of this Part of these Regulations, and thereupon such school shall be a recognised school for the said purposes and, subject to the provisions of paragraph (3) of this Regulation, continue to be a recognised school for the said purposes. | ||
(3) Where— | ||
(a) the Minister is satisfied, as respects any school which is a recognised school for the purposes of this Part of these Regulations, that the general conditions for recognition are not complied with, or | ||
(b) in case such school has been in receipt of attendance grants, that a deduction has been made therefrom under paragraph (2) of Regulation 8 of these Regulations for three successive academic years, | ||
the Minister may withdraw recognition from such school, and thereupon such school shall, subject to the provisions of paragraph (4) of this Regulation, cease to be a recognised school for the purposes of this Part of these Regulations. | ||
(4) Where the Minister withdraws recognition from a school under paragraph (3) of this Regulation, the Minister, at any time thereafter, may, if he is satisfied that the general conditions for recognition are complied with in respect of such school, recognise such school for the purposes of this Part of these Regulations, and thereupon such school shall again be a recognised school for the said purposes, and, subject to the provisions of the said paragraph (3), continue to be a recognised school for the said purposes. | ||
(5) In this Regulation the expression " the general conditions for recognition," when used in relation to a school, means the following conditions— | ||
(a) that it provides instruction in approved subjects of continuation education or approved subjects of technical education ; | ||
(b) that it is under the control of a responsible body of managers ; | ||
(c) that the said managers undertake full financial responsibility for the expenses of the classes, including the salaries of the teachers, independently of the payment of any grant or its amount ; | ||
(d) that the school premises are satisfactory in regard to lighting, heating, and ventilation, are provided with adequate and suitable accommodation for the students in attendance, and are otherwise properly equipped for the working of the school and the efficient teaching of the subjects taught therein. | ||
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7 Attendance grants. | 7. —(1) Subject to the provisions of these Regulations, grants (in these Regulations referred to as attendance grants) based upon the attendance of students may be made under section 109 of the act to recognised schools in respect of any academic year. | |
(2) Subject to the provisions of these Regulations, the attendance grant payable to a recognised school in respect of an academic year shall consist of— | ||
(a) a sum calculated, by reference to the total number of hours in that academic year during which each student of such school has attended any course of instruction in approved subjects of continuation education, being a course provided under an approved programme and in which instruction in art or handicraft or domestic science or science (pure or applied) is not included, at the hourly rate of twopence, and also | ||
(b) where the Minister is satisfied as to the distribution of time between various subjects of an approved programme in accordance with the general aim of a course, a sum calculated, by reference to the total number of hours in that academic year during which each student of suchschool has attended any course of instruction in approved subjects of continuation education or approved subjects of technical education, being a course provided under such approved programme and in which instruction in art, handicraft or domestic science or science (pure or applied) is included at the hourly rate of three-pence or such higher hourly rate as is provided for under the next following paragraph. | ||
(3) Where as respects— | ||
(a) any existing recognised school (in this paragraph referred to as an existing school) which was, for the purposes of the existing regulations, recognised on or after the 1st day of September, 1937, or | ||
(b) any school (in this paragraph referred to as a new school) recognised by the Minister under paragraph (2) of Regulation 6 of these Regulations, | ||
the Minister is satisfied that the circumstances of such school in its early stage of organisation justify the increase in respect of an academic year, the hourly rate of three-pence mentioned in paragraph (b) of the immediately preceding paragraph shall, as regards such school, be increased in respect of such academic year to such hourly rate, not exceeding six-pence, as the Minister thinks fit, subject, however, to the limitation that no such increase may— | ||
(i) in the case of an existing school, be made in respect of any academic year commencing after the 1st day of September, 1942, or | ||
(ii) in the case of a new school, be made in respect of any academic year, which is not the first academic year in respect of which attendance grant is paid to such school, or one of the next four succeeding academic years. | ||
(4) Where during any period a recognised school is closed on account of epidemic illness, or other special or unavoidable cause, the Minister, if he so thinks fit, may for the purposes of the calculation of the attendance grant to such school, direct— | ||
(a) that each student (being a student who was enrolled immediately before the commencement of such period and would normally have attended any course mentioned in sub-paragraph (a) of paragraph (2) of this Regulation) shall be treated as having during such period attended such course for such number of hours (not exceeding the number which he could, if such school had not been closed and such course had been held, have attended during such period), as the Minister thinks fit ; | ||
(b) that each student (being a student who was enrolled immediately before the commencement of such period and would normally have attended any course mentioned in sub-paragraph (b) of paragraph (2) of this Regulation) shall be treated as having during such period attended such course for such number of hours (not exceeding thenumber which he could, if such school had not been closed and such course had been held, have attended during such period) as the Minister thinks fit, | ||
and in case any such direction is given, such student shall be deemed, for the said purposes, to have so attended in accordance with the terms of such direction. | ||
(5) For the purposes of calculating the amount of the attendance grant to any recognised school in respect of an academic year, the following provisions shall have effect— | ||
(a) attendance cannot be claimed under both sub-paragraph (a) and sub-paragraph (b) of paragraph (2) of this Regulation in respect of any one student of such school in the same academic year, | ||
(b) the attendances of any student— | ||
(i) who is for the time being under fourteen years of age, or | ||
(ii) whose name is on the roll of a Primary School and whose attendances thereat are included for the purpose of average or capitation grant to that Primary School, or | ||
(iii) whose name is on the attendance book of a school recognised by the Minister as a Secondary School under the Secondary Schools Grants Regulations, or | ||
(iv) in respect of whom any grant is paid by the Minister under other Regulations, | ||
shall not be taken into account ; | ||
(c) the attendances of any student who is enrolled (other than with the special consent of the Minister) in such academic year after such date as the Minister may on the application of the managers of the school sanction, shall not be taken into account ; | ||
(d) the attendances of any student who has been enrolled without possessing the preliminary qualifications (if any) required by the Minister shall not be taken into account ; | ||
(e) where more than forty students attend a class meeting at which theoretical instruction is given, forty students and no more shall be deemed to have attended that class meeting, but the Minister may in any particular case except any particular class meetings from the provisions of this sub-paragraph ; | ||
(f) where more than twenty students attend a class meeting at which practical instruction is given, and an assistant teacher recognised by the Minister is not present, twenty students and no more shall be deemed to have attended that class meeting ; | ||
(g) where more than thirty students attend a class meeting at which practical instruction is given and an assistant teacher recognised by the Minister is present, thirtystudents and no more shall be deemed to have attended that class meeting ; | ||
(h) the attendance of any student at a lesson which is less than forty minutes in duration shall not be taken into account ; | ||
(i) the attendance of any student at a lesson which consists of practical instruction and is less than eighty minutes in duration shall not be taken into account ; | ||
(j) where concurrent instruction of two or more classes of different standards is given, then, unless the previous sanction of the Minister to such instruction has been given, attendances of students at such instruction shall not be taken into account ; | ||
(k) where the Minister considers that the attendances of students are excessive, he may disallow all or any of such attendances ; | ||
(l) where the total attendances of any student are in the opinion of the Minister not fairly distributed over subjects of the course of instruction, he may disallow all or any of such attendances ; | ||
(m) the Minister may disallow all or any of the attendances of any student who in his opinion— | ||
(i) had not reached a sufficient standard of education at entrance, or | ||
(ii) is unable fully to profit by the instruction, or | ||
(iii) has not followed the course of instruction satisfactorily. | ||
(6) The provisions of sub-paragraph (h) of the immediately preceding paragraph shall not apply in respect of the academic year commencing on the 1st day of September, 1939. | ||
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8 Increase or decrease of attendance grant. | 8. —(1) The portion of the attendance grant payable to a recognised school which is referable to attendances at instruction in any subject may be increased by one-tenth for conspicuous merit of the teacher. | |
(2) The amount of the attendance grant to a recognised school may be reduced to such extent as the Minister thinks fit, if the Minister is satisfied that— | ||
(a) there are serious defects in the organisation of the school, or | ||
(b) there are faults of instruction or registration on the part of a teacher, or | ||
(c) there have been omissions or departures from the approved programmes or time-tables, or | ||
(d) there has been a failure on the part of the managers of the school to make provision when necessary or as required by the Minister for practical instruction or to exercisedue care in the supervision and verification of the registers or, after due notice, to remedy defects in the furniture, apparatus, equipment or premises which seriously interfere, in the opinion of the Minister, with the efficiency of the school. | ||
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9 Restrictions on making attendance grant. | 9. No attendance grant may be made to a recognised school in respect of any academic year, unless— | |
(a) there has been kept a record for such year as will show in detail for each student— | ||
(i) his full name and date of birth, | ||
(ii) his business, trade or occupation (if any), | ||
(iii) the school or college at which he received his general education, and the standard of education attained with particulars of highest examinations passed, | ||
(iv) his qualifications to enter the school, | ||
(v) the classes attended each session in the school and the total number of hours of attendance made at instruction, and | ||
(b) the attendances of each student during such year were recorded in the official registers supplied by the Minister and in accordance with the instructions set out in such registers ; and | ||
(c) there was submitted to the Minister for his approval— | ||
(i) the proposed programme (which may consist of one or more courses of instruction) accompanied by syllabuses (in duplicate) showing the subject matter of the programme and its distribution over the various years, if more than one, and | ||
(ii) the time-table showing the time and hours of instruction allotted to each subject and the working period for each academic year, and | ||
(d) whenever the Minister required any changes to be made in a programme or a time-table previously approved by him, such requirement was complied with, and | ||
(e) the teachers employed therein in such year possessed, having regard to the respective duties to be performed by them, such qualifications as the Minister approves and | ||
(f) inspectors were afforded during such academic year by the managers and teachers of such school such facilities as such inspectors may have reasonably required for inspecting the records mentioned in paragraph (a) of this Regulation or for testing the efficiency of the instruction given at such school, and the qualifications and progress of the students, either individually or collectively, and | ||
(g) the managers of such school have made to the Minister such reports and returns and furnished to the Minister such information as he may have from time to time required in respect of such year. | ||
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10 Attendance grants only to be made to recognised schools and in respect of approved instruction. | 10. —(1)Attendance grants shall not be paid to any schools other than recognised schools. | |
(2) Attendance grants shall be made only in respect of instruction in approved subjects of continuation education and approved subjects of technical education. | ||
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11 Payment of attendance grants. | 11. —(1) Attendance grants in respect of an academic year shall be payable as soon as may be after the expiration of such academic year. | |
(2) Attendance grants payable to a recognised school shall be paid to such person as may be nominated for the purpose by the managers of such school. | ||
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PART III. MAINTENANCE GRANTS. | ||
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12 Definitions for purposes of Part III. | 12. In this Part of these Regulations— | |
the expression " maintenance grant " means a grant made under this Part of these Regulations ; | ||
the word " employment " in relation to a student means employment and occupation in any labour exercised by way of trade or for the purposes of gain to such student or any other person. | ||
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13 Qualified schools. | 13. —(1) For the purposes of this Part of these Regulations, a school shall be deemed to be a qualified school during a particular period if— | |
(a) all the following conditions (in this Regulation referred to as the conditions of qualification) are complied with during that period, that is to say— | ||
(i) that it is conducted in conjunction with works, business houses or occupations with a view to the improvement of industry and commerce, | ||
(ii) that it is under the control of a responsible body of managers, | ||
(iii) that the said managers undertake full financial responsibility for the expenses of the classes, including the salaries of the instructors, independently of the payment of any grant or its amount, | ||
(iv) that the said managers appoint and keep appointed a person to correspond with the Minister, | ||
(v) that admission thereto is confined to students who are not less than sixteen years and are following the particular employment in conjunction with which the school is conducted, | ||
(vi) that it is not open on any Saturday later than the hour of 1 p.m. nor on any other week-day than the hour of 6 p.m. | ||
(vii) that it provides instruction in approved subjects of technical education, | ||
(viii) that the programme of instruction affords opportunities for specialised training which are not otherwise available having regard to the existing provision for the purpose generally or other circumstances of the case, | ||
(ix) that the instructors thereat possess a practical acquaintance with the employment in conjunction with which the school is conducted and have a competent knowledge of each individual subject they are to teach, | ||
(x) that the accommodation provided for the instruction is sufficient and suitable, and | ||
(b) either— | ||
(i) a grant in respect of maintenance under the existing regulations has been made to such school, or | ||
(ii) such school is declared qualified by the Minister under the next following paragraph of this Regulation. | ||
(2) Where— | ||
(a) the managers of a school which is not a qualified school intend to apply for a maintenance grant in respect of a particular period, and | ||
(b) the said managers before such period so inform the Minister and furnish him with such information in relation to such school as he requires, | ||
the Minister, if he is satisfied that the conditions of qualification are complied with in respect of such school and that sufficient and suitable provision is not already available for the students for whom such school is intended or that such school is otherwise specially required in the locality where it is situate, may, with the concurrence of the Minister for Finance, declare such school to be qualified. | ||
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14 Maintenance grants. | 14. —(1) Subject to the provisions of these Regulations, a grant (in these Regulations referred to as a maintenance grant) based on maintenance expenditure may from time to time be made, under section 109 of the act, in respect of such period as the Minister thinks fit to any school which was a qualified school during that period. | |
(2) The amount of the maintenance grant which may be made to a School in respect of any period shall be such sum (not exceeding three-fourths of the net cost of maintenance of that school during that period as determined by the Minister) as the Minister thinks fit. | ||
(3) For the purposes of this Regulation, the net cost of maintenance of a school during a particular period shall be taken to be the gross expenditure incurred in maintaining the school during that period less— | ||
(a) any charge for the purchase of premises or equipment, or for the repayment of monies borrowed for capital purposes, and | ||
(b) all receipts from students' fees and other forms of return from expenditure incurred, and | ||
(c) such other items (if any) of expenditure as should not, in the opinion of the Minister, be taken into account in determining the said net cost of maintenance. | ||
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15 Restriction on making maintenance grant. | 15. No maintenance grant shall be made to a qualified school in respect of any period unless— | |
(a) accounts of receipts and expenditure for that period were accurately kept, in such form as the Minister may require, by the managers of the school, and | ||
(b) a statement of account showing each item of receipt and expenditure for such period has been furnished to the Minister, and | ||
(c) such statement of account is accompanied by vouchers of items of expenditure set out therein and such vouchers are certified in such manner as the Minister may require, and | ||
(d) the school was, during the said period, attended by such number of students, capable of profiting by the training provided thereat, as the Minister considers reasonable having regard to the expenditure involved, and | ||
(e) the attendances of each student were recorded in the official register supplied by the Minister and in accordance with the instructions set out in such register, and | ||
(f) there was, before the commencement of the said period, submitted to the Minister for his approval— | ||
(i) the proposed programme (which may consist of one or more courses of instruction) accompanied by syllabuses (in duplicate) showing the subject matter of the programme, and | ||
(ii) the time-table showing the time and hours of instruction allotted to each subject, and | ||
(g) whenever the Minister required any changes to be made in a programme or time-table approved by him, such requirement was complied with, and | ||
(h) the training provided thereat during the said period was given as a rule in lessons of not less than one hour's duration, and | ||
(i) inspectors were afforded during the said period by the managers and instructors of such school such facilities as they may have reasonably required for testing the efficiency of the instruction given thereat, and the progress of the students, either individually or collectively, and | ||
(j) the managers of such school have made to the Minister such reports and returns and furnished to the Minister such information as he may from time to time have required in respect of the said period. | ||
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16 Payment of maintenance grant. | 16. —(1) Maintenance grant in respect of a particular period shall be payable as soon as may be after the expiration of such period. | |
(2) Maintenance grant payable to a qualified school shall be paid to such person as may be nominated for the purpose by the managers of such school. | ||
Given under my Official Seal this 15th day of December, 1939. | ||
EAMON DE VALÉRA, | ||
Minister for Education. | ||
I consent to the foregoing Regulations. | ||
SEÁN T. Ó CEALLAIGH, | ||
Minister for Finance. |