Vocational Education Act, 1930

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VOCATIONAL EDUCATION ACT, 1930.

ARRANGEMENT OF SECTIONS

PART I.

PRELIMINARY.

Section

Section 1

Short title.

Section 2

Definitions.

Section 3

Continuation education.

Section 4

Technical education.

Section 5

Date of attainment of any particular age.

PART II.

VOCATIONAL EDUCATION COMMITTEES.

Section 6

Vocational education areas.

Section 7

Establishment of vocational education committees.

Section 8

Constitution of vocational education committees.

Section 9

Elections of members of committees.

Section 10

Term of office of members of committees.

Section 11

Resignation and disqualification of members of committees.

Section 12

Filling of casual vacancies in committees.

Section 13

Meetings of vocational education committees.

Section 14

Triennial meetings of vocational education committees.

Section 15

Chairman of vocational education committees.

Section 16

Vice-chairman of vocational education Committees.

Section 17

Temporary Chairman at first meetings and triennial meetings.

Section 18

Procedure at meetings of committees.

Section 19

Meetings abandoned for want of quorum.

Section 20

Minutes, registers, and records to be kept by committees.

Section 21

Sub-committees of vocational education committees.

Section 22

Payment of travelling expenses to members of certain committees.

Section 23

Officers of vocational education committees.

Section 24

First chief executive officers of certain committees.

Section 25

Application of Part IV. of the Act of 1925.

Section 26

Application of certain provisions of the Act of 1925 as amended.

Section 27

Removal of officers and servants by the Minister.

Section 28

Acquisition of lands by vocational education committees.

Section 29

Acceptance of educational endowments by committees.

PART III.

CONTINUATION EDUCATION AND TECHNICAL EDUCATION.

Section 30

Duties generally of vocational education committees.

Section 31

General schemes.

Section 32

General powers in relation to continuation education.

Section 33

Registration of certain persons attending continuation schools and courses.

Section 34

General powers in relation to technical education.

Section 35

Existing supply of technical education.

Section 36

Determination of subject-matter of powers.

Section 37

Deficiency in supply of continuation education or technical education.

Section 38

Higher technical education.

Section 39

Establishment of scholarships.

Section 40

Co-operation between committees.

Section 41

Fees to be charged by committees.

PART IV.

FINANCE OF VOCATIONAL EDUCATION COMMITTEES.

Section 42

Rating authorities and areas of charge.

Section 43

Annual local contributions to vocational education committees.

Section 44

Preparation of annual schemes by committees.

Section 45

Consideration of annual scheme by estimates sub-committee.

Section 46

Demand by committee for annual local contribution.

Section 47

Treasurer of vocational education committees.

Section 48

Vocational education fund.

Section 49

Powers of borrowing.

Section 50

Borrowing by vocational education committee for permanent works.

Section 51

Grants by rating authorities.

Section 52

Application of certain moneys.

Section 53

Application of parliamentary grants.

Section 54

Expenses of delegates to certain conferences.

Section 55

Subscription to certain agencies and associations.

Section 56

Travelling expenses and maintenance of teachers attending certain classes.

Section 57

Non-application of section 51 (7) of the Local Government (Ireland) Act, 1898.

Section 58

Audit of accounts of vocational education committees.

PART V.

ENFORCEMENT OF CONTINUATION EDUCATION.

Section 59

Interpretation of this Part of this Act.

Section 60

District to which this Part of this Act applies.

Section 61

Courses of instruction provided by vocational education committees.

Section 62

Approved courses and approved schools.

Section 63

Obligation to attend for instruction.

Section 64

Reasonable excuses for failure to attend for instruction.

Section 65

The enforcing authority.

Section 66

Parents to furnish particulars of their children.

Section 67

Employers to furnish particulars.

Section 68

Information to be furnished by Juvenile Advisory Committees.

Section 69

Facilities for attending courses of instruction.

Section 70

Returns by principal teachers.

Section 71

Duty to enforce attendance of young persons for instruction.

Section 72

Parent to notify cause of absence.

Section 73

Failure to comply with this Part of this Act.

Section 74

Attendance officers.

Section 75

Authentication of warnings, notices, etc.

Section 76

Prosecutions at suit of attendance officer.

Section 77

Miscellaneous provisions as to prosecutions.

Section 78

Expenses.

PART VI.

ENFORCEMENT OF TECHNICAL EDUCATION.

Section 79

Persons to whom this Part of this Act applies.

Section 80

Interpretation of this Part of this Act.

Section 81

District to which this Part of this Act applies.

Section 82

Designated trades.

Section 83

Technical education in districts to which this Part of this Act applies.

Section 84

Obligation to attend courses in technical education.

Section 85

The enforcing authority.

Section 86

Employers to furnish particulars.

Section 87

Facilities for attending courses of instruction.

Section 88

Duty of enforcing authority.

Section 89

Attendance officers.

Section 90

Authentication of notices, etc.

Section 91

Prosecution at suit of attendance officer.

Section 92

Provisions in relation to prosecutions.

Section 93

Expenses.

PART VII.

Transitory Provisions in Relation to Committees of Technical Instruction.

Section 94

The appointed day.

Section 95

Transfer of functions etc. to vocational education committees.

Section 96

Transfer of property to vocational education committees.

Section 97

Transfer of debts and liabilities to vocational education committees.

Section 98

Continuance of pending transactions.

Section 99

Transfer of officers to vocational education committees.

PART VIII.

AMALGAMATION OF URBAN DISTRICT VOCATIONAL EDUCATION AREAS WITH COUNTY VOCATIONAL EDUCATION AREAS.

Section 100

Amalgamation of urban district and county vocational education areas.

Section 101

Effect of amalgamation order.

Section 102

Ancillary provisions in amalgamation orders.

PART IX.

GENERAL POWERS OF THE MINISTER.

Section 103

Continuation education and technical education in the Gaeltacht.

Section 104

Consultative councils.

Section 105

Local inquiries by the Minister.

Section 106

Attendance of witnesses at local inquiries.

Section 107

Administration of oaths at local inquiries.

Section 108

Dissolution of vocational education committees.

Section 109

Grants to certain schools.

Section 110

Grants by the Minister.

Section 111

Scales of salaries for teachers.

Section 112

Travelling expenses for officers.

Section 113

Training and certification of teachers.

Section 114

Inspection of schools.

Section 115

Records to be kept by schools in receipt of grants.

Section 116

Facilities to teachers.

PART X.

MISCELLANEOUS.

Section 117

Special provisions in relation to Dublin and Cork.

Section 118

Special provisions in relation to Bray Urban District.

Section 119

Service of notices.

Section 120

Inspection and copies of registers of births and deaths.

Section 121

Offences in relation to certificates.

Section 122

Exemption from certain disqualifications.

Section 123

Saving for industrial or reformatory schools.

Section 124

Expenses of this Act.

Section 125

Regulations.

Section 126

Repeals.

FIRST SCHEDULE.

The Scheduled Urban Districts.

SECOND SCHEDULE.

Rules for Payments of Travelling Expenses.

THIRD SCHEDULE.

Maximum Annual Liabilities in Respect of Annual Local Contributions.

FOURTH SCHEDULE.

County or other Boroughs referred to in Parts V and VI of this Act.

FIFTH SCHEDULE.

Enactments Repealed.

Acts Referred to Local Government Act, 1925 No. 5 of 1925 Local Government (Temporary Provisions) Act, 1923 No. 9 of 1923 Local Government (Temporary Provisions) (Amendment) Act, 1924 No. 13 of 1924 Local Government Act, 1927 No. 3 of 1927 Local Authorities (Officers and Employees) Act, 1926 No. 39 of 1926 School Attendance Act, 1926 No. 17 of 1926 Local Government (Dublin) Act, 1930 No. 27 of 1930 Cork City Management Act, 1929 No. 1 of 1929 Number 29 of 1930.

VOCATIONAL EDUCATION ACT, 1930.

AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO CONTINUATION EDUCATION AND TECHNICAL EDUCATION. [21st July, 1930.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

PART I.

Preliminary.

Short title.

1.—This Act may be cited as the Vocational Education Act, 1930.

Definitions.

2.—In this Act— the expression “the Minister” means the Minister for Education; the word “inspector” means a person authorised in writing (either generally or for a special purpose) by the Minister to exercise all or any of the powers and perform all or any of the duties conferred or imposed on an inspector by this Act; the word “county” means an administrative county but does not include a county borough; the expression “local authority” means and includes the council of a county, the council of a county borough, and the council of an urban district; the expression “the Act of 1889” means the Technical Instruction Act, 1889; the expression “the Act of 1891” means the Technical Instruction Act, 1891; the expression “the Act of 1899” means the Agriculture and Technical Instruction (Ireland) Act, 1899; the expression “the Act of 1925” means the Local Government Act, 1925 (No. 5 of 1925); the expression “the Act of 1927” means the Local Government Act, 1927 (No. 3 of 1927); the expression “local financial year” means a period of twelve months ending on any 31st day of March; the expression “rateable value” means the annual rateable value under the Valuation Acts; the expression “principal teacher” includes any deputy principal or other teacher for the time being acting as or for a principal teacher; the word “sickness” includes any physical or mental malady or, injury; the word “trade”includes any industry, trade, craft or business; the expression “scheduled urban district” means an urban district mentioned in the First Schedule to this Act; the expression “election year” means the year 1931 or any ensuing third successive year; the expression “young person” means a person who has attained the age of fourteen years and has not attained the age of sixteen years; the word “parent” in relation to a young person means the individual having the legal custody of such young person and, where owing to the absence of such individual or for any other reason such young person is not living with or is not in the actual custody of such individual, includes the individual with whom such young person is living or in whose actual custody such young person is; the word “employment” in relation to a young person means employment and occupation in any labour exercised by way of trade or for the purpose of gain to such young person or to any other person; the expression “offence under this Part of this Act” includes an offence under any section or sub-section contained in the Part of this Act in which such expression occurs;

the word “prescribed” means prescribed by regulations made by the Minister under this Act.

Continuation education.

3.—For the purposes of this Act the expression “continuation education” means education to continue and supplement education provided in elementary schools and includes general and practical training in preparation for employment in trades, manufactures, agriculture, commerce, and other industrial pursuits, and also general and practical training for improvement of young persons in the early stages of such employment.

Technical education.

4.—(1) For the purposes of this Act the expression “technical education” means education pertaining to trades, manufactures, commerce, and other industrial pursuits (including the occupations of girls and women connected with the household) and in subjects bearing thereon or relating thereto and includes education in science and art (including, in the county boroughs of Dublin and Cork, music) and also includes physical training.

Date of attainment of any particular age.

5.—For the purposes of this Act a person shall be deemed to attain any particular age on whichever of the following days, that is to say, the 31st day of March, the 30th day of June, the 30th day of September or the 31st day of December first occurs after the anniversary of his birth on which he actually attains such age.

PART II.

Vocational Education Committees.

Vocational education areas.

6.—(1) Every county borough shall be a borough vocational education area for the purposes of this Act.

Establishment of vocational education committees.

7.—(1) There shall be a committee (in this Act referred to as a vocational education committee) in and for every vocational education area to fulfil in respect of such area the duties assigned to vocational education committees by this Act.

Constitution of vocational education committees.

8.—(1) The vocational education committee for a borough vocational education area shall consist of fourteen members elected by the council of the county borough which is such borough vocational education area, of whom not less than five nor more than eight shall be persons who are members of such council.

Elections of members of committees.

9.—(1) The first election by local authorities of members of vocational education committees shall take place on such day as the Minister, with the consent of the Minister for Local Government and Public Health, shall appoint for the purpose, and different days may be so appointed in respect of different local authorities.

Term of office of members of committees.

10.—(1) The term of office of every member of a vocational education committee elected at the first election of members of such committee shall commence at the commencement of the first meeting of such committee.

Resignation and disqualification of members of committees.

11.—(1) A member of a vocational education committee may at any time resign his office as such member by letter addressed and sent to the chief executive officer of such committee and every such resignation shall take effect at the commencement of the meeting of such committee commencing next after the receipt of such resignation by such officer.

Filling of casual vacancies in committees.

12.—(1) Whenever a vacancy (in this Act referred to as a casual vacancy) occurs in the membership of a vocational education committee by reason of the death, resignation, or disqualification of a member thereof, the local authority by whom such member was elected shall, as soon as conveniently may be, elect a person to fill such vacancy.

Meetings of vocational education committees.

13.—(1) Every vocational education committee shall hold its first meeting on such day, at such time and in such place as the Minister shall appoint.

Triennial meetings of vocational education committees.

14.—(1) Every vocational education committee shall in every election year hold a meeting (in this Act referred to as a triennial meeting) on the day appointed under this section in respect of such year for the holding of such meeting by such committee.

Chairman of vocational education committees.

15.—(1) Every vocational education committee shall, at its first meeting and also at every triennial meeting, elect one of its members to be the chairman of such committee.

Vice-chairman of vocational education Committees.

16.—(1) A vocational education committee may at any time, if it so thinks fit, elect one of its members to be the vice-chairman of such committee.

Temporary Chairman at first meetings and triennial meetings.

17.—(1) At the first meeting of a vocational education committee the chief executive officer of such committee or, if there is no such officer, the person acting at such first meeting as secretary to such committee shall, until the chairman of such committee has been elected, act as chairman of such meeting.

Procedure at meetings of committees.

18.—(1) The quorum for a meeting of a vocational education committee shall be one-fourth of the whole number of the members of such committee.

Meetings abandoned for want of quorum.

19.—Whenever a meeting of a vocational education committee is abandoned owing to failure to obtain a quorum, the names of the members attending at the time and place appointed for such meeting shall be recorded forthwith and, for the purposes of the provisions of this Act relating to disqualification of members by absence from meetings and the provisions of this Act relating to the payment of travelling expenses of members of certain committees, a meeting of such committee shall be deemed to have been held at such time and place and the members whose names are so recorded shall be deemed to have attended such meeting.

Minutes, registers, and records to be kept by committees.

20.—(1) Every vocational education committee shall keep, in a book to be provided by it for the purpose, minutes of the proceedings at every meeting of such committee, and all such minutes shall be signed either at the meeting to which they relate by the chairman of that meeting or at the next meeting by the chairman of such last-mentioned meeting and when so signed shall be admitted in evidence.

Sub-committees of vocational education committees.

21.—(1) A vocational education committee may from time to time appoint such and so many sub-committees as it thinks proper for the exercise or performance of any of its powers, duties, and functions which in its opinion can be better or more conveniently exercised or performed by a sub-committee.

Payment of travelling expenses to members of certain committees.

22.—(1) Subject to the provisions of this section, every vocational education committee for a county vocational education area shall, as soon as may be after the 30th day of June in each year, pay to every member of such committee or of any sub-committee thereof such contribution (if any) as is authorised by the rules contained in the Second Schedule to this Act towards the expenses incurred during such preceding twelve months by such member in attending the meetings of such committee (if he is a member thereof) or of any sub-committee thereof of which he is a member.

Officers of vocational education committees.

23.—(1) Subject to the provisions of this section, every vocational education committee shall appoint a chief executive officer and such other officers and servants as it shall from time to time think necessary for the due performance of its powers and duties under this Act.

First chief executive officers of certain committees.

24.—(1) Where the functional area of a committee appointed under sub-section (2) of section 1 of the Act of 1889 or sub-section (1) of section 14 of the Act of 1899 or of a joint committee tee appointed under sub-section (2) of the said section 14 is coterminous with a vocational education area, the person who on the day before the first meeting of the vocational education committee for such vocational education area is the chief executive officer of such committee or joint committee shall on the day of such meeting become the chief executive officer of such vocational education committee.

Application of Part IV. of the Act of 1925.

25.—(1) Every vocational education committee shall be deemed to be a local body within the meaning of Part IV. of the Act of 1925 and that part of that Act shall apply to vocational education committees and their officers accordingly, subject to the modifications hereinafter mentioned.

(2)

Section 50

of the Act of 1925 shall not apply in respect of vocational education committees and their officers, and in lieu thereof it is hereby enacted that every sum payable under the said Part IV. of the Act of 1925 as applied by this section in respect of an allowance or gratuity granted thereunder to a person who was previously an officer of a vocational education committee shall be paid by the local authority which under this Act pays the annual local contribution to the expenses of such committee and shall be raised by means of the same rate and be paid out of the same fund and be charged on the same area as such annual local contribution is raised by means of, paid out of and charged upon, but no such sum shall be reckoned for the purposes of any enactment (including this Act) limiting the amount of such rate.

(4)

Section 47

of the Act of 1925 as amended by section 9 of the Act of 1927 shall not apply in respect of vocational education committees and their officers, and in lieu thereof it is hereby enacted that— (a) whenever an allowance or a gratuity is payable in pursuance of sub-section (2) of this section by a local authority (in this sub-section called the paying body) to any person under Part IV. of the Act of 1925 as applied by this section in respect of his ceasing to hold office under a vocational education committee and in ascertaining the service of such officer at the date of such cesser any service under another local authority (in this section called the contributing body) has been aggregated and reckoned, the contributing body shall refund to the paying body a part of one-half of such allowance or gratuity reckoned according to the service and pay of such officer under the contributing body and to the circumstances under which he ceased to hold office under the paying body, and such part shall be settled by agreement between the two bodies, or in default of agreement by the Minister for Local Government and Public Health, and (b) for the purposes of the foregoing paragraph an officer's service under a committee of a contributing body shall be deemed to have been service under such contributing body and an officer's service under a joint committee of two or more contributing bodies shall be deemed to have been service under every such contributing body.

Application of certain provisions of the Act of 1925 as amended.

26.—(1) Every vocational education committee shall be deemed to be a local authority within the meaning of section 60 of the Act of 1925 as amended by section 13 of the Act of 1927 and of sections 61 , 62 , 70 and 71 of the Act of 1925, and the said sections 60 (as so amended) 61 , 62 , 70 and 71 shall apply to vocational education committees and their members and officers accordingly subject to the following modifications, that is to say in the said section 60 as so amended the expression “the Minister” shall mean the Minister for Education, and in the said section 71 the expression “the Minister for Education” shall be substituted for the expression “the Minister for Local Government and Public Health” wherever the latter expression occurs.

Removal of officers and servants by the Minister.

27.—(1) The Minister may by order, either upon or without any suggestion or complaint from a vocational education committee, remove from his office or employment any paid officer or servant of a vocational education committee (whether appointed by or transferred by this Act to such committee) whom he considers unfit or incompetent to perform his duties, or who at any time refuses or wilfully neglects to perform his duties or any of them, and may direct that a fit and proper person be appointed in his place in accordance with the law relating to appointments to such office or employment.

Acquisition of lands by vocational education committees.

28.—(1) A vocational education committee may, with the approval of the Minister and subject to regulations made by him under this Act, purchase or take on lease any land for the purposes of any of their powers or duties under this Act.

Acceptance of educational endowments by committees.

29.—(1) A vocational education committee may, with the approval of the Minister, be constituted trustees of any educational endowment or charity established (whether before or after the passing of this Act) for purposes connected with continuation or technical or both continuation and technical education.

PART III.

Continuation Education and Technical Education.

Duties generally of vocational education committees.

30.—It shall be the duty of every vocational education committee— (a) to establish and maintain in accordance with this Act a suitable system of continuation education in its area and to provide for the progressive development of such system; and (b) to supply or aid the supply in accordance with this Act of technical education in its area.

General schemes.

31.—(1) Every vocational education committee may, and if so required by the Minister shall, from time to time prepare and submit to the Minister a scheme setting forth the general policy of such committee in relation to continuation education and technical education respectively and showing the mode in which it proposes, in pursuance of such policy, to exercise and perform its powers and duties under this Act.

General powers in relation to continuation education.

32.—In performance of the duties in relation to continuation education imposed on vocational education committees by this Act every such committee may do all or any of the following things, that is to say:— (a) establish and maintain continuation schools in its area; (b) establish and maintain in its area courses of instruction in the nature of continuation education; (c) assist in maintaining schools in its area in which continuation education is provided.

Registration of certain persons attending continuation schools and courses.

33.—Where a continuation school or a course of instruction maintained or provided by a vocational education committee is attended by young persons who have the prospect of employment in a particular trade, business, or occupation, it shall be the duty of such vocational education committee to register and classify such young persons and to provide in the curriculum of such school or in the instruction given in such course (as the case may be) for the educational requirements of such young persons having regard to the nature of the said employment.

General powers in relation to technical education.

34.—In performance of the duties in relation to technical education imposed on vocational education committees by this Act, every such committee may do all or any of the following things, that is to say:— (a) establish and maintain or assist in maintaining technical schools within its area; (b) establish and maintain or assist in establishing and maintaining in its area courses of instruction in the nature of technical education; (c) contribute to the expenses incurred by persons resident in its area in obtaining technical education at schools or courses within or outside such area; (d) with the special sanction of the Minister, aid persons resident in its area in obtaining further education at technical colleges or central technical institutions or technical training colleges or other centres of advanced technical education within or outside such area.

Existing supply of technical education.

35.—A vocational education committee, when exercising the powers in relation to technical education conferred on it by this Act, shall have regard to any existing supply of technical education in its area.

Determination of subject matter of powers.

36.—Where a vocational education committee exercises or proposes to exercise its powers under this Act for a particular purpose which is a purpose authorised by this Act, and a question arises as to whether such purpose is a purpose relating to continuation education or is a purpose relating to technical education, such question shall be referred by such committee to the Minister and the decision of the Minister thereon shall be final and conclusive.

Deficiency in supply of continuation education or technical education.

37.—(1) Whenever, in the opinion of the Minister, a vocational education committee is not making adequate and suitable provision for the supply of continuation education in its area, the Minister may require such committee to make such particular provision for the supply of such education as he may, having regard to the moneys available for such committee, think fit to specify and require, and thereupon it shall become and be the duty of such committee to comply in all respects with such requisition.

Higher technical education.

38.—(1) A vocational education committee for a borough vocational education area may, subject to compliance with the next following sub-section of this section, establish and maintain in its area a school (in this section referred to as a day technical college) having for its main object the provision of education, in the general principles of science, commerce, or art suited to the requirements of persons employed in positions of control or responsibility in trade or industry.

Establishment of scholarships.

39.—A vocational education committee may, with the approval of the Minister, establish or assist in establishing scholarships tenable within or outside its area and fix the amounts and tenure of such scholarships and the conditions on which they may be awarded and held.

Co-operation between committees.

40.—Any two or more vocational education committees may subject to the approval of the Minister, enter into an arrangement for the joint exercise of any of their powers under this Part of this Act on such terms and conditions as may be agreed between them, and if any question arises between such committees in relation to such arrangement the matter in question shall be referred to the Minister whose decision thereon shall be final.

Fees to be charged by committees.

41.—(1) Subject to the provisions of this section, a vocational education committee may, in accordance with a scale prepared by it and approved by the Minister, fix and charge fees for attendance at all or any schools and courses of instruction maintained or provided by it under this Act.

Part V

. of this Act of persons who attend such course in pursuance of an obligation imposed on them by the said Part V.

Part VI

. of this Act of persons who attend such course in pursuance of an obligation imposed on them by the said Part VI.

PART IV.

Finance of Vocational Education Committees.

Rating authorities and areas of charge.

42.—(1) For the purposes of this Part of this Act— (a) the council of a county borough shall be the rating authority for the borough vocational education area which is co-terminous with such county borough; and (b) the council of a scheduled urban district shall be the rating authority for the urban district vocational education area which is co-terminous with such scheduled urban district; and (c) the council of a county shall be the rating authority for the county vocational education area which is co-terminous with or is included in such county.

Annual local contributions to vocational education committees.

43.—(1) There shall be paid, in every local financial year commencing after the passing of this Act by the rating authority for a vocational education area to the vocational education committee for such area, such sum (in this Act referred to as the annual local contribution) as may be demanded by such committee under this Part of this Act in respect of such year.

Preparation of annual schemes by committees.

44.—(1) Every vocational education committee shall, on or before the 1st day of December in every local financial year, prepare and submit to the Minister an estimate (in this Act referred to as an annual scheme) in the prescribed form and containing the prescribed particulars of— (a) the moneys required to meet the expenses of such committee in the exercise of its powers and performance of its duties during or in respect of the then next ensuing local financial year; (b) the receipts of such committee during or in respect of the then next ensuing local financial year, having regard (amongst other matters) to the minimum annual liability and the maximum annual liability of the rating authority in respect of such year; and (c) the amount (in no case less than the minimum annual liability nor more than the maximum annual liability of the rating authority in respect of the then next ensuing local financial year) of the annual local contribution in respect of such next ensuing local financial year which will be required for the purposes of such scheme.

Consideration of annual scheme by estimates sub-committee.

45.—(1) For the purpose of this section the members of a vocational education committee who— (a) in the case of a vocational education committee for a borough vocational education area or an urban district vocational education area, are members of the council of the county borough or the urban district which is such borough vocational education area or urban district vocational education area (as the case may be), and (b) in the case of a vocational education committee for a county vocational education area, are members of the council of the county which is or includes such county vocational education area and are elected by such council, shall together constitute a special sub-committee (in this section referred to as the estimates sub-committee) of such vocational education committee.

Demand by committee for annual local contribution.

46.—(1) When the Minister has considered an annual scheme he shall issue to the vocational education committee by which such scheme was prepared a certificate in the prescribed form authorising such committee to demand from the rating authority for the vocational education area of such committee an annual local contribution in respect of the local financial year to which such annual scheme relates of such amount as the Minister shall think proper to specify in such certificate having regard to the estimates of expenses and receipts contained in such scheme, but not less than the minimum annual liability of such rating authority in respect of such year nor more than whichever of the two following amounts is the greater, that is to say, the amount of the annual local contribution mentioned in such scheme and the amount of the annual local contribution (if any) in respect of the preceding local financial year.

Treasurer of vocational education committees.

47.—(1) Every vocational education committee shall at its first meeting appoint a banking company to act as treasurer of such committee.

Vocational education fund.

48.—(1) Every vocational education committee shall establish and maintain in the hands of the treasurer of such committee a fund to be known and in this Act referred to as the vocational education fund of such committee.

Powers of borrowing.

49.—A vocational education committee may, with the consent of the Minister, borrow by means of bank overdraft or otherwise money for the purposes of the vocational education fund maintained by it.

Borrowing by vocational education committee for permanent works.

50.—(1) Where a vocational education committee proposes to incur expenditure under this Act on works the cost of which ought, in the opinion of the Minister, by reason of their permanent character to be spread over a term of years, such committee may, with the consent of the Minister, spread the defrayal of such expenditure over such term of years as the Minister may approve, and may for that purpose borrow money on the security of the vocational education fund maintained by it and charge that fund with payment of the principal moneys so borrowed and the interest thereon.

Grants by rating authorities.

51.—(1) Where a vocational education committee, with the consent of the Minister, proposes to incur or has incurred expense under this Act on works of a permanent character, the rating authority for the vocational education area of such committee may, with the consent of the Minister for Local Government and Public Health, make a grant to such committee of the whole or part of such expense (whether the same has or has not then been actually incurred) or of any undischarged balance owing by such committee in respect of such works or of moneys borrowed to meet the expense thereof.

Application of certain moneys.

52.—Any moneys (including any moneys representing the produce of a rate) standing to the credit of or due and payable to a vocational education committee on the 31st day of March, 1931, may, notwithstanding that such moneys are required by any enactment repealed by this Act to be applied for a particular purpose, be applied by such committee for any purpose for which it is authorised to expend moneys under this Act.

Application of parliamentary grants.

53.—(1) The Minister may, out of moneys provided by the Oireachtas, make grants to vocational education committees in aid of expenditure under annual schemes in accordance with regulations made by the Minister with the approval of the Minister for Finance.

Expenses of delegates to certain conferences.

54.—A vocational education committee may, in accordance with regulations made by the Minister, defray the expenses of members of such committee appointed by it to attend meetings or conferences held for the purpose of discussing matters relating to continuation education and technical education or either of them.

Subscription to certain agencies and associations.

55.—(1) A vocational education committee may, with the consent of the Minister, subscribe to any institution, agency, or organisation which includes amongst its functions the collection and communication of information with respect to employments open to persons under the age of eighteen years.

Travelling expenses and maintenance of teachers attending certain classes.

56.—Where a teacher in the employment of a vocational education committee is attending classes for the training and certification of teachers, or is attending special courses provided in a central technical school or in a university college or at any other centre approved by the Minister, and such attendance involves the absence of such teacher from his home, such committee may, with the consent of the Minister, make grants to such teacher in aid of the expenses incurred by him in attending such courses or classes.

Non-application of section 51 (7) of the Local Government (Ireland) Act, 1898.

57.—Sub-section (7) of section 51 of the Local Government (Ireland) Act, 1898 shall not apply in respect of any debt, claim, or demand payable by a vocational education committee.

Audit of accounts of vocational education committees.

58.—(1) The accounts of every vocational education committee shall be audited by an auditor appointed by the Minister for Local Government and Public Health and the following enactments, that is to say, sections 11 to 15 of the Local Government (Ireland) Act, 1871 , sub-section (2) of section 63 of the Local Government (Ireland) Act, 1898 , and sections 20 and 21 of the Local Government (Ireland) Act, 1902 , as amended or adapted by or under any subsequent enactment shall apply to the audit and auditor of the accounts of such committees in the same manner as such enactments as so amended or adapted apply to the audit and auditor of the accounts of the public bodies specified therein.

PART V.

Enforcement of Continuation Education.

Interpretation of this Part of this Act.

59.—(1) In this Part of this Act the expression “young person” does not include a person who attains the age of fifteen years on or before the day on which the district in which he resides commences to be a district to which this Part of this Act applies, and accordingly so much of this Part of this Act as relates to young persons shall not apply to a person so excluded from the said expression.

District to which this Part of this Act applies.

60.—(1) The Minister may, either on the application of the vocational education committee or on his own motion, make an order declaring that a vocational education area or any particular part of a vocational education area shall, as on and from the day specified in that behalf in such order, be a district to which this Part of this Act applies, and thereupon such vocational education area or such particular part thereof shall, as on and from such day, and so long as such order remains in force, be a district to which this Part of this Act applies.

Courses of instruction provided by vocational education committees.

61.—(1) In every district to which this Part of this Act applies, the vocational education committee for such district shall, in every local financial year, provide such and so many courses of instruction (in this Act distinguished as compulsory courses) in the nature of continuation education as such committee shall consider necessary having regard to the requirements of the young persons resident in such district.

Approved courses and approved schools.

62.—(1) Whenever the Minister is satisfied that a course of instruction provided by any person other than a vocational education committee affords efficient instruction in the nature of continuation education of a not lower standard than the courses of instruction which vocational education committees are required by this Part of this Act to provide, the Minister may grant in respect of such course of instruction a certificate in the prescribed form that such course of instruction is an approved course for the purposes of this Part of this Act.

Obligation to attend for instruction.

63.—(1) Every parent of a young person resident in a district to which this Part of this Act applies shall, unless there is a reasonable excuse for not so doing, cause such young person to attend for instruction in accordance with this Part of this Act.

Reasonable excuses for failure to attend for instruction.

64.—The following shall be reasonable excuses for failure to attend for instruction in accordance with this Part of this Act, that is to say:— (a) that the young person has been prevented from so attending by sickness; (b) that the young person is receiving instruction suitable to his age and circumstances otherwise than by attendance for instruction in accordance with this Part of this Act; (c) that no compulsory course of instruction is provided by the vocational education committee for the district in which the young person resides at any place within a distance of three miles from the residence of the young person measured according to the shortest way lawfully and conveniently available for him; (d) that the young person has been prevented from so attending by some other sufficient cause.

The enforcing authority.

65.—(1) For the purposes of this Part of this Act the enforcing authority for a district to which this Part of this Act applies shall be— (a) in every such district which is co-terminous with or included in a county or other borough mentioned in the Fourth Schedule to this Act, the vocational education committee for that district; and (b) in every such district which is neither co-terminous with nor included in any of the said county or other boroughs, the officer of the G[html]rda Síoch[html]na for the time holding the rank and occupying the station prescribed in that behalf by the order made by the Minister under this Part of this Act declaring such district to be a district to which this Part of this Act applies.

Parents to furnish particulars of their children.

66.—(1) Every person resident in a district to which this Part of this Act applies shall, if required so to do by notice in writing in the prescribed form served on or left for him at his residence by the enforcing authority for such district, furnish to such authority, within the time and in the manner specified in such notice, the names and ages and the mode of education and other particulars specified in such notice of all young persons or any specified young person of whom he is the parent within the meaning of this Act.

Employers to furnish particulars.

67.—(1) Every person carrying on business in a district to which this Part of this Act applies shall, if required so to do by notice in writing in the prescribed form served on or left for him at his place of business by the enforcing authority for such district, furnish to such authority, within the time and in the manner specified in such notice, the particulars specified in such notice of all young persons or any specified young person employed by him.

Information to be furnished by Juvenile Advisory Committees.

68.—The Secretary of the Juvenile Advisory Committee for an area which is or includes a district to which this Part of this Act applies shall, at the beginning of every quarter commencing on the 1st day of January, the 1st day of April, the 1st day of July, or the 1st day of October, furnish to the enforcing authority for such district copies of all particulars furnished to him in pursuance of sub-section (4) of section 15 of the School Attendance Act, 1926 (No. 17 of 1926) of the names and addresses of all persons resident in such district who will attain the age of fourteen years during such quarter.

Facilities for attending courses of instruction.

69.—(1) It shall be the duty of every employer of a young person who is required by this Part of this Act to attend for instruction and is in fact attending or desirous of attending a compulsory course of instruction provided under this Part of this Act to afford, so far as the same may be necessary, such young person time and liberty to attend such course of instruction without any deduction from wages or any addition to the hours of employment or reckoning such time as lost.

Returns by principal teachers.

70.—(1) The principal teacher at every course of instruction or school, attendance at which is attendance for instruction in accordance with this Part of this Act and at which any young person resident in a district to which this Part of this Act applies is enrolled or attending, shall communicate at the prescribed times and in the prescribed manner to the enforcing authority of such district the prescribed particulars of every such young person who is absent from such course or school and the prescribed particulars of such absences.

Duty to enforce attendance of young persons for instruction.

71.—It shall be the duty of every enforcing authority of a district to which this Part of this Act applies to take all such steps and institute all such proceedings as may be necessary for the enforcement of the attendance for instruction in accordance with this Part of this Act of all young persons who reside in such district.

Parent to notify cause of absence.

72.—Whenever a young person who resides in a district to which this Part of this Act applies is for the time being attending for instruction in accordance with this Part of this Act at any course of instruction or school but is absent from such instruction or school on any day or days on which he should under this Part of this Act attend thereat, his parent shall as soon as possible and in any event not later than one week after the day or the first of the days (as the case may be) of such absence communicate in writing or in person to the principal teacher at such course of instruction or school the cause of such absence.

Failure to comply with this Part of this Act.

73.—(1) Whenever a young person who resides in a district to which this Part of this Act applies fails or neglects to attend for instruction in accordance with this Part of this Act and so far as is known to the enforcing authority for such district there is no reasonable excuse for such failure or neglect, such authority shall serve on the parent of such young person a warning in the prescribed form— (a) requiring him within one week after such service to cause such young person to attend for instruction in accordance with this Part of this Act, or to give to the authority a reasonable excuse for not so doing; and (b) informing him that in the event of his failure to comply with the terms of the foregoing paragraph proceedings will be instituted against him under this Act; and (c) informing him that if, within three months after such proceedings, he again fails to comply with this Part of this Act further proceedings may be instituted against him without previous warning.

Attendance officers.

74.—(1) Every vocational education committee which is an enforcing authority for the purposes of this Part of this Act shall by order appoint such officers as it thinks fit to be attendance officers for the purposes of this Part of this Act.

Authentication of warnings, notices, etc.

75.—All warnings, notices, and other documents issued or served under this Part of this Act by an enforcing authority shall be sufficiently authenticated by the signature thereon of an attendance officer of such authority.

Prosecutions at suit of attendance officer.

76.—A prosecution for an offence under this Part of this Act may be instituted and prosecuted at the suit of any attendance officer of an enforcing authority as prosecutor.

Miscellaneous provisions as to prosecutions.

77.—(1) In a prosecution for an offence under this Part of this Act, the court before whom the prosecution is brought may, on the application of the prosecutor or the person prosecuted or on its own motion, order the parent or employer of the young person to whom the prosecution relates to produce such young person before the court at a specified time and place, and in the event of such parent or employer failing without reasonable excuse so to produce such young person the court may inflict on such parent or employer a fine not exceeding twenty shillings.

Expenses.

78.—All expenses incurred by a vocational education committee in carrying this part of this Act into effect shall be paid out of the vocational education fund of such committee.

PART VI.

Enforcement of Technical Education.

Persons to whom this Part of this Act applies.

79.—This Part of this Act applies to persons who have attained the age of sixteen years and have not attained the age of eighteen years and the expression “person to whom this Part of this Act applies” shall be construed and have effect accordingly.

Interpretation of this Part of this Act.

80.—(1) References in this Part of this Act to the vocational education committee for a district to which this Part of this Act applies shall be construed as references to the vocational education committee whose vocational education area is co-terminus with or includes such district.

District to which this Part of this Act applies.

81.—(1) The Minister may, if and when he thinks proper so to do, by order declare that any vocational education area or any particular part of a vocational education area shall as from a date to be named in such order be a district to which this Part of this Act applies, and thereupon such vocational education area or such particular part thereof shall, as from such date and so long as such order remains in force, be a district to which this Part of this Act applies.

Designated trades.

82.—(1) Subject to the provisions of this section, whenever the Minister makes an order under this Part of this Act declaring a particular area to be a district to which this Part of this Act applies, he shall, by another order, specify the trades which are to be designated trades for the purposes of this Part of this Act in such district, and may from time to time by subsequent orders amend in such manner as he thinks proper the list of trades so specified, and every trade which is for the time being so specified by such first-mentioned order or by such order as so amended shall, for the purposes of this Part of this Act, be a designated trade in such district.

Technical education in districts to which this Part of this Act applies.

83.—(1) In every district to which this Part of this Act applies, the vocational education committee for such district shall, in every local financial year, provide such and so many courses of instruction in the nature of technical education as such committee shall consider necessary having regard to the number and nature of the designated trades in such district.

Obligation to attend courses in technical education.

84.—(1) Every person to whom this Part of this Act applies and who is employed in a district to which this Part of this Act applies at a trade which is a designated trade in such district shall attend the course of instruction provided for the purposes of such trade under this Part of this Act in such district by the vocational education committee.

The enforcing authority.

85.—(1) For the purposes of this Part of this Act the enforcing authority for a district to which this Part of this Act applies shall be— (a) in every such district which is co-terminous with or included in a county or other borough mentioned in the Fourth Schedule to this Act, the vocational education committee for that district; and (b) in every such district which is neither co-terminous with nor included in any of the said county or other boroughs, the officer of the G[html]rda Síoch[html]na for the time being holding the rank and occupying the station prescribed in that behalf by the order made by the Minister under this Part of this Act declaring such district to be a district to which this Part of this Act applies.

Employers to furnish particulars.

86.—(1) Every person carrying on in a district to which this Part of this Act applies a trade which is a designated trade in such district shall, if required so to do by notice in writing in the prescribed form served on or left for him at his place of business by the enforcing authority for such district, furnish to such authority within the time and in the manner specified in such notice the particulars specified in such notice of any persons employed by him who are persons to whom this Part of this Act applies.

Facilities for attending courses of instruction.

87.—(1) It shall be the duty of every employer of a person to whom this Part of this Act applies and who is attending or desires to attend, in pursuance of this Part of this Act, a course of instruction provided under this Part of this Act to afford, so far as the same may be necessary, such person time and liberty to attend such course of instruction without any deduction from, wages or any addition to the hours of employment or reckoning such time as lost.

Duty of enforcing authority.

88.—It shall be the duty of the enforcing authority for a district to which this Part of this Act applies to take such steps and institute all such proceedings as may be necessary for the enforcement of this Part of this Act in such district.

Attendance officers.

89.—(1) Every vocational education committee which is an enforcing authority for the purposes of this Part of this Act shall by order appoint such officers as it thinks fit to be attendance officers for the purposes of this Part of this Act.

Authentication of notices, etc.

90.—All notices and other documents issued or served under this Part of this Act by an enforcing authority shall be sufficiently authenticated by the signature thereon of an attendance officer of such authority.

Prosecution at suit of attendance officer.

91.—A prosecution for an offence under this Part of this Act may be instituted and prosecuted at the suit of any attendance officer of an enforcing authority as prosecutor.

Provisions in relation to prosecutions.

92.—(1) In any prosecution under this Part of this Act, a certificate purporting to be signed by a qualified medical practitioner that the person to whom the prosecution relates is or was at any specified time suffering from a specified physical or mental malady or injury and that such malady or injury was of such a nature as to render such person unfit to attend a course of instruction or that some person residing in the house in which such first-mentioned person resides is or was suffering from a specified physical or mental malady or injury shall, until the contrary is proved, be evidence of such of the facts aforesaid as are stated in such certificate.

Expenses.

93.—All expenses incurred by a vocational education committee in carrying this Part of this Act into effect shall be paid out of the vocational education fund of such committee.

PART VII.

Transitory Provisions in Relation to Committees of Technical Instruction.

The appointed day.

94.—In this Part of this Act the expression “the appointed day” means the day appointed under

Part II

. of this Act for the first meeting of vocational education committees or, if different days are so appointed in respect of different such committees, means in relation to each such committee the day so appointed for the first meeting of such committee.

Transfer of functions etc. to vocational education committees.

95.—(1) In every vocational education area, all the functions, powers, and duties under the Act of 1889, the Act of 1891 and the Act of 1899 or any of those Acts in relation to technical instruction in such area or any particular part thereof which, immediately before the appointed day, are vested in or imposed on the local authority for such area or such particular part thereof and are exercised and performed by such local authority through or by means of a committee appointed or partly appointed by it shall, on the appointed day, become and be transferred to and vested in or imposed on the vocational education committee for such area.

Transfer of property to vocational education committees.

96.—(1) Upon the appointed day, all property, whether real or personal (including choses-in-action) which, immediately before the appointed day, is vested in a local authority or a committee appointed under the Act of 1889 and the Act of 1899 or either of those Acts by a local authority or two or more local authorities jointly and is so vested in relation to or for the purposes of functions, powers, and duties transferred by this Part of this Act or upon or under a trust relating to technical instruction shall, on the appointed day and without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation, or company, become and be vested in the vocational education committee to which such functions, powers, and duties are so transferred.

Transfer of debts and liabilities to vocational education committees.

97.—(1) Upon the appointed day, every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which, immediately before the appointed day, is owing and unpaid or has been incurred and is undischarged by a local authority or a committee appointed under the Act of 1889 and the Act of 1899 or either of those Acts by a local authority or two or more local authorities jointly and is so owing or has been so incurred in relation to or for the purposes of functions, powers, and duties transferred by this Part of this Act shall, save as is hereinafter otherwise provided, become and be the debt or liability of the vocational education committee to which such functions, powers, and duties are so transferred and shall be paid or discharged by and may be recovered from or enforced against such committee accordingly.

Continuance of pending transactions.