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ELEMENTARY EDUCATION ACT 1891
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CHAPTER LXVI.
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An Act to make further provision for assisting Education in Public Elementary Schools in England and Wales.[1]
[5th August 1891.]
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Fee grant and conditions thereof.
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1.—(1) . . . . There shall be paid, out of moneys provided by Parliament, and at such times and in such manner as may be determined by regulations of the Education Department,[2]
a grant (in this Act called a fee grant) in aid of the cost of elementary education in England and Wales at the rate of ten shillings a year for each child of the number of children over three and under fifteen years of age in [3]
average attendance at any public elementary school in England and Wales (not being an evening school) the managers of which are willing to receive the same, and in which the Education Department[2] are satisfied that the regulations as to fees are in accordance with the conditions in this Act.
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(2) If in any case there is a failure to comply with any of the conditions in this Act, and the Education Department[2] are satisfied that there was a reasonable excuse for the failure, the Department may pay the fee grant, but in that case shall, if the amount received from fees has exceeded the amount allowed by this Act, make a deduction from the fee grant equal to that excess.
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(3) For the purposes of section nineteen of the Elementary Education Act, 1876, the fee grant paid or payable to a school shall be reckoned as school pence to be met by the grant payable by the Education Department.[2]
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Limit of fees in schools receiving fee grant.
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2.—(1) In any school receiving the fee grant—
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(a) Where the average rate of fees received during the school year ended last before the first day of January one thousand eight hundred and ninety-one was not in excess of ten shillings a year for each child of the number of children in [3] average attendance at the school; or
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(b) For which an annual parliamentary grant has not fallen due before the said first day of January;
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no fee shall, except as by this Act provided, be charged for children over three and under fifteen years of age.
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(2) In any school receiving the fee grant where the said average rate was so in excess, the fees to be charged for children over three and under fifteen years of age shall not, except as by this Act provided, be such as to make the average rate of fees for all such children exceed for any school year the amount of the said excess.
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Prohibition of charges in certain schools receiving fee grant.
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3. In any school receiving the fee grant, where the average rate charged and received in respect of fees and books, and for other purposes, during the school year ended last before the first day of January one thousand eight hundred and ninety-one, was not in excess of ten shillings a year for each child of the number of children in [1]
average attendance at the school, no charge of any kind shall be made for any child over three and under fifteen years of age.
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Power to modify limit of fees in certain cases.
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4.—(1) Notwithstanding anything hereinbefore contained, the Education Department,[2]
if they are satisfied that sufficient public school accommodation, without payment of fees, has been provided for a school district, and that the charge of school fees or the increase of school fees for children over three and under fifteen years of age in any particular school receiving the fee grant is required owing to a change of population in the district, or will be for the educational benefit of the district, or any part of the district, may from time to time approve such charge or increase of fees in that school, provided that the ordinary fee for such children shall not exceed sixpence a week.
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(2) The Education Department[2] shall report annually to Parliament all cases in which they have sanctioned or refused the imposition or augmentation of fees under this section, with a statement of the amount of fee permitted.
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(3) The Education Department[2] may, if they think fit, make it an express condition of such approval that the amount received for any school year from the fees so charged or increased, or a specified portion of that amount, shall be taken in reduction of the fee grant which would otherwise have been payable for that school year, and in that case the fee grant shall be reduced accordingly.
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[Ss. 5[3]
–7 rep. 2 Edw. 7. c. 42, ss. 25 (3), 27 (1), 3 Edw. 7. c. 24, s. 1.]
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Explanation of 33 & 34 Vict. c. 75. s. 17.
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8. Nothing in section seventeen of the Elementary Education Act, 1870, shall prevent a school board from admitting scholars to any school provided by the board without requiring any fee.
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Provision for equality of treatment.
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9. Nothing in this Act shall give any preference or advantage to any school on the ground that it is or is not provided by a [1]
school board.
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Meaning of “school year.”
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10. In this Act the expression “school year” shall mean a year or other period for which an annual parliamentary grant is for the time being paid or payable under the minutes of the Education Department[2]
; . . . .
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[Ss. 11, 12 rep. 8 Edw. 7. c. 49 (S.L.R.).]
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Short title and construction.
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13.—(1) This Act may be cited as the Elementary Education Act, 1891, and shall be construed as one with the Elementary Education Acts, 1870 to 1890.
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(2) The Elementary Education Acts, 1870 to 1890, and this Act, may be cited collectively as the Elementary Education Acts, 1870 to 1891.
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[Sched. rep. 8 Edw. 7. c. 49 (S.L.R.).]
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[1 Short title, “The Elementary Education Act, 1891.” See s. 13 (1).]
[2 Now the Board of Education; see 62 & 63 Vict. c. 33. s. 2 (1).]
[3 See 63 & 64 Vict. c. 53. s. 1.]
[1 See 63 & 64 Vict. c. 53. s. 1.]
[2 Now the Board of Education; see 62 & 63 Vict. c. 33. s. 2 (1).]
[3 S. 25 (2), sched. 3, of 2 Edw. 7. c. 42 substitutes the following for s. 5 of the 1891 Act as thus repealed:—“The duty of a local education authority “under the Education Acts, 1870 to 1902, to provide a sufficient amount of “public school accommodation, shall include the duty to provide a sufficient “amount of public school accommodation, without payment of fees, in every “part of their area,”
[1 Now local education authority; see 2 Edw. 7. c. 42, s. 25 (2), sched. 3, 3 Edw. 7. c. 24.]
[2 Now the Board of Education; see 62 & 63 Vict. c. 33. s. 2 (1).] |
