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ORGAN'S

EDUCATION LAW,

Incorporating the Education Acts, 1870 — 1902.

lllrllestry | >p^|) fftl^t

XV^^IIdVd

tiou; aftecting this subject.

Part 6. — Statement Respecting Teachers' Superannuation, with
the Act.

Part 7. — Chap. 1. Corporal Punishment.

Chap. 2. Tenure.

Chap. 3. Use of Schoolrooms.

Chap. 4. Acquiring of School Premises.

Chap. .^. Religious Instruction.

Chap. 6. Registration of Teachers, etc., etc.
Appendix. — Powers, Duties, Main Sources of Income, etc. of Local Education

Authorities.

C 1 )

(Jk School d^obcrumcut O'ltrottirk.

• • • »

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The School Government Chronicle has been for over thirty years the accepted organ of
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tion Acts in those places where School Boards have not yet been formed. It is the officiallj'
recognised chronicle of the proceedings of all Education Autliorities, national and local.

The School Government Chronicle contains full reports of the proceedings of the London
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Committees throughout the country; also current reports of the pi'oceedings of
Parliament, and of important public authorities and organisations of every kind connected
with public education, the official communications of the Board of Education, etc. It
affords, in fact, a Unique compendium of information, -which becomes every
year more and more essential to the full understanding and completely
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The School Government ChronicJe occupies tlie position of a '•Hansard to the great
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the Board of Education, the Chief Secretary and other officials, Chairmen
and Members of School Boards, Clerks of School Boards, School Managers
and Inspectors, Schoolmasters and Schoolmistresses, Members and Clerks
of School Attendance Committees, School Attendance Officers, Members
and Officers of County Council Technical Instruction Boards and Com-
mittees, Members and Clerks of Boards of Guardians, Mayors, Town
Clerks, Members of Parliament, and many others engaged or interested in the
work of National Education.

THE SCHOOL GOVERNMENT HANDBOOKS.

No. 1.— The Education Act, 1902.

Full Text. Octavo, in wrapper. Single Copies 6(7. ; post fi'ee, 7(?. Quantities of 2-i and
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No. 2.— The Education Acts, 1870 to 1901.

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Under Section 17 of the Education Act, 1902, including the Circulars of the Board of
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Borough Councils, and Councils of 'Borouglis and Crban Districts ; also General
Memorandum on the Frauung of the Schemes. Price Is. each ; post free, l.s. \d. In
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London: THE SCHOOL GOVERNMENT CHRONICLE OFFICE,
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THE EDUCATION ACT, 1902,

AND

THE EDUCATION (LONDON) ACT, 1903.

First Edition Jii nuarn lOth, 1903.

Second Editimi March 3Uf, 1903.

Second Fcviscd Edition, including th

Education (Londcyn) Act, 1903 Octoher ^th, 1903.

THE

EDUCATION ACT, 1902,

WITH NOTES,

together

With a Summary of the Existing Law and of the Provisions of
THE Education Act, 1902 ; Hints to Education Committees and
Voluntary School Manageiis as to steps necessary before
THE Act comes into force ; Memoranda of the Board of
Education ; Draft Schemes for Education-
Committees, and for Grouping
"Voluntary Schools, etc.

And education (LONDON) ACT, 1903.

MONTAGUE BARLOW, LL.D., M.A.,

OF LINCOLN'S IXX, BARRISTEK-AT-LAW ;

Late Senior Whewell Scholar and Yorke Prize Essayist, Cambrith/e ; ami Ho'der of a

Studentship of the Four Inns of Court ; Offici d Principal to the

Archdeacon of London;

H. MACAN, M.A.,

Late Scholar of Queen's College, Orford ; Education Secretary to the Surrey County Council.

Second IReviset) BMtiotu

LONDON

BUTTERWORTH & CO,

12, Bell Yard, Temple Bar, W.C.

SHAW k SONS,

7 «fe 8, Fetter Lane, E.C.

Xaw iprinters ant) ipublisbers.
1903.

London :

BUTTERWORTH & Uo. , CRANE COURT, FlEET MKF.KT, K.(

J9oy.

HIS ]VLUESTY'S ATTORXEY-GEXERAL,

REMEMBRA>'CE OF SERVICES

TO EDUCATION

AND

THE EDUCATION ACT OF 19o2

THIS EDITION OF THE ACT IS BY PERMISSION RESPECTFULLY

DEDICATED

THE AUTHORS.

PREFACE

TO THE SECOND REVISED EDITION.

riIHE passing of the Education (London)
Act, 1903 (c. 24), has necessitated some
revision : the London Act with notes is now
added at the end of the volume, and also
Mr. Long's short Education (Provision of
Working Balances) Act, 1903 (c. 10); the
pages containing these tw^o recent Acts being
edged with red.

The London Act comes into operation on
May 1st, 1904, or at any later date within
twelve months appointed by the Board : the
London Act applies generally the provisions
of the principal Act of 1902 to London,
the London County Council being the Edu-
cation Authority. The Board have issued a
memorandum (E. A. 4 L) directing that the
memoranda and forms as to the appointment
of Foundation Managers under the principal

E.A. a 3

vi Preface to the Second Revised Edition.

Act (App. A. below) are to apply, with the
necessary modifications, to London. There
are, however, considerable differences : for
non-provided or voluntary schools the rules
and machinery are generally the same as for
non-provided schools in a county under the
1902 Act, the Metropolitan Borough Councils
(and the Common Council in the City) being
the minor Local Authorities ; but special
arrangements are made giving the Borough
Councils in London a predominant voice in
selecting the Managers of all ■provided schools.
There are also special provisions as to the
selection of sites, and as to Boundary Schools
in the Metropolis : there is no limitation of
the Higher Education rate to 2d. as in other
counties, and there is a special provision
as to the application of the income of
endowments in London.

The Act of 1902 has been generally
accepted with readiness throughout the
country : the total number of Education

Preface to the Second Revised Edition, vii

Authorities under the Act was 333 : by the
31st July, 1903, 266 of these had got the
scheme for their Education Committees in
working order, and nineteen others were on
the point of having theirs approved [Keport
of the Board of Education for the year 1902-3.
Cd. 1763, p. 7] . An account has been in-
serted in the pages devoted to the Tran-
sition Period of how^ the authorities are
proceeding- to put the Act in operation,
and of some of the difficulties encountered
(pp. 81 to 86). Thanks are due to the Press
for continued friendly criticism ; and to the
officials of the Board of Education, and
especially to Mr. H. J. Simmonds, for much
courteous help.

C. A. MONTAGUE BAELOW,

3, Stone Buildings,

Lincoln's Inn, W.C.

H. MAC AN,

SuKREV County Hall,

Kingston-on-Thames.
October 5th, 1903.

PEEFACE

rpHE primary object of the present volume
is to give an explanation of the pro-
visions of the Education Act, 1902, especially
in their legal and financial aspects ; and to
indicate the steps which should at once
be adopted by the various existing and
future authorities, the Education Committees
and Voluntary Managers, during the interim
period up to March 26th next (a), when the
Act is to come into force (Section II.). Most
of the existing legal machinery affecting
Elementary and Secondary Education, how-
ever, still continues in force ; Section I. has,
therefore, been devoted to a short summary
of so much of the existing law as remains
in force, and is necessary to explain the new
Act.

(a) The Board of Education lias, however, power to postpone
this date. See s. 27 of the new Act.

X Preface.

While the Authors accept joint responsi-
bihty for the book, Mr. Barlow is mainly
answerable for the legal portion and the
Notes to the Act; Mr. Macan for the
pages dealing with Finance, and the Sugges-
tions for Local Authorities during the
Transition Period.

For convenience and to save space, the
short titles of Acts of Parliament have been
used throughout ; the form of short title
authorised by Parliament is, however, incon-
venient when referring to the Acts themselves,
as, though the year is given, the chapter is
not ; the chapter has therefore been added
in each case — thus. Education Act, 1902
(c. 42).

C. A. MONTAGUE BAELOW,

3, Stone Buildings,

Lincoln's Inn, W.C.

H. MACAN,

Surrey County Hall,

Kingston-on-Thames.

January 10th, 1903.

TABLE OF CONTENTS,

INTEODUCTION.

PAGE
1

SECTION I.
Law prior to 1902.

Elementary Education
Secondary Education . . .
The Finance of Education

4
27
34

SECTION II.

Summary of the Education Act, 1902, and Suggestions
for the Transition Period.

I.— The Authorities 40

II.— The Grades of Education 48

III. — Religious Instruction ... ... ... ... 50

IV. — Appointment of Managers ... ... ... ... 52

V. — Provision of New Schools ... ... ... ... 59

VI.— Endowments 60

VIL — Education Committees 61

VIII. — General Provisions 64

IX. — Temporary Provisions as to Transfer of Property 67

X. —Modification of Acts and Repeals 68

XL — The Financial and Rating Provisions 69

The Transition Period

Xll

Table of Contents.

SECTION III.

PAGE

Education Act, 1902.

Local Education Authority

Higher Ed ucatioii

...

Elementary Education

...

102

General

...

121

First Schedule

141

Second Schedule

...

144

Third Schedule

...

157

Fourth Schedule

162

Appendix A. Memoranda and Circular of Board of
Education

„ B. Draft Scheme for a County Education

Committee

„ C. Scheme for a Group of Managers

„ D. List of Local Education Authorities ...

„ E. List of Approved Voluntary Associa-

tions

„ F. Final Order of the Board of Education

appointing Foundation Managers ...

165—218

219—223
224—225
226—234

235—236

237—240

The Education (London) Act, 1903, with Notes... 241—249
The Education (Provision of Working Balances)

Act, 1903 250

INDEX.

THE EDUCATION ACT, 1902.

(2 Edw. 7, c. 42.)

INTBODUCTION.

The Education Act of 1902 marks a new and welcome
departure in the history of education in England. For
the first time an attempt is made to secure for the
children of this country of both sexes something like
a comprehensive scheme of education of all kinds,
elementary, secondary, technical and commercial, sub-
ject, though in varying degrees, to uniform central and
local authorities.

It had been obvious for some years that the chaotic
condition of education in England could not be allowed
to continue. In the first place, there was no central
educational authority, the field being covered by more
or less competing bodies — the Education Office at
Whitehall (a committee of the Privy Council), dealing
mainly with elementary education, and the Science
and Art Department at South Kensington, dealing
mainly with secondary education, on its scientific side ;
while the endowed schools looked to the Charity
Commissioners as the only central authority having
legitimate control over them. In addition, three evils
crying aloud for remedy were, the inefficiency and
want of proper stimulus and control for the smaller

2 Introduction.

school boards in the country ; the financial difficulties
of the voluntary schools ; and, with regard to secondary
schools, the complete absence of any authority, central
or local, to inspect, co-ordinate, and control them, or to
give them help from public funds.

In 1896 the Government attempted a comprehensive
solution of the problems involved in both branches of
education, and failed. The present Act accomplishes,
though on somewhat different lines, what was then
attempted without success. The way had, however,
been already prepared by the creation of a —

Board of Education. — By the Board of Education
Act, 1899 (c. 33), the Education Department, and the
Science and Art Department at South Kensington
were abolished, and as from April 1st, 1900, a proper
supreme education authority is set up in their place ;
the Board consists of a President and of the Lord
President of the Privy Council, unless they are the
same person (a), all the five Principal Secretaries of
State, the First Commissioner of the Treasury, and the
C'hancellor of the Exchequer.

Powers of the Charity Commissioners or of the
Board of Agriculture relating to education may be
transferred to the Board of Education by Order in
Council (s. 2). By a succession of Orders most of the
powers of the Charity Commissioners of a purely

(a) The Marquis of Londonderry, tlie Minister of Education,
is President : in addition, the existing members of the Board
are the Duke of Devonshire, Lord Lansdowue, Lord George
Hamilton, Mr. Chamberlain, the Hon. St. John Brodrick,
Mr. Akers-Douglas, Mr. Arthur Balfour, and Mr. Ritchie. The
Board is represented in the House of Commons by a Parlia-
mentary Secretary, Sir W. Anson.

Introduction. 3

educational nature have now been absorbed by the
Board (5). The Board are also given voluntary power
to inspect or provide for the inspection of secondary
schools, on the application of the school (s. 3) .

Power is given to the Crown in Council to appoint a
consultative committee, in order to frame a register (c)
of teachers, and advise the Board (s. 4) (<^).

The new Act of 1902 does not include London save
incidentally ; the subject of education in London is
not, therefore, referred to in this volume.

(b) See below, p. 29.

(c) Eegulations for a register of teachers have been published
by the Board. There is to be a Teachers' Registration Council,
consisting of twelve members, six to be appointed by the Board and
six by bodies of teachers, such as the Head Masters' Conference.

(d) A consultative committee of eighteen, consisting of Sir
Richard Jebb, Mr. Henry Hobhouse, MJP., Mr. Ernest Gray, M.P.,
the Hon. and Rev. Edward Lyttelton, and other well-known
educationists, was appointed in August, 1900 (Statutory Rules
and Orders, 1900, p. 171).

* 2

( ^ )

SECTION I.
LAW PRIOR TO 1902.

Elementary Education (a).

School districts.— The Act of 1870 (c. 75) divided
all England into districts, each district to be responsible
for elementary education within its own borders (s. 4
and sched. 1, both repealed).

The three chief kinds of district were :

(1) The metropolis ;

(2) Boroughs ;

(3) Parishes not included in 1 and 2 (6) ; a " parish "
being a place for which for the time being a separate
poor rate was or could be made (s. 3).

In every district a sufficient amount of accommoda-
tion must be provided in —

(a) " public elementary schools, available (c) for all

children resident in such district,

(b) " for whose elementary education

made" (s. 5, now partly repealed).

(a) See, for a full account of this subject. Organ's Education
Law : Butterworth & Co., 1903.

(b) Where a borough divided a parish, the part outside the
borough boundary was to be a district, as also the detached part
of a parish (Elementary Education Acts, 1870 (c. 75), s. 77 ;
1876 (c. 79), s. 49 ; 1873 (c. 86), s. 12).

Elementary Education. 5

This section 5 is the basis of our elementary educa-
tion system ; it is repealed by the 1902 Act so far as
relates to the school districts which have ceased to
exist ; but it is retained for the purpose of defining
what '"'public school accommodation " is ; it is therefore
necessary to examine closely the terms used.

Elementary school. — An elementary school is one
at which (i) " elementary education is the principal part
of the education there given " (<:^) ; and (ii) does not
include any school " at which the ordinary payments
in respect of the instruction for each scholar exceed
ninepence per week" (Elementary Education Act,
1870 (c. 75), s. 3, unrepealed). The restriction as to
fees is not now important ; but it is important to
define —

Elementary education; for a line is still sharply
drawn by the new Act between elementary and
secondary education. No definition of the words is
given in the new Act, while definitions in the Ele-
mentary Education Acts, 1870 to 1890, are expressly
retained unless the context otherwise requires (Educa-
tion Act, 1902 (c. 42), s. 24 (1) ). None of the earlier
Acts define what elementary education is. Parliament
in 1870 assumed it meant little more than the " three
E-'s" {e). In any case, power was given by the Act of
1870 to the Education Department to frame minutes
(Elementary Education Act, 1870 (c. 75), s. 97).

{d) See R. v. Cockerton, [1901] 1 K. B., at p. 339.

(e) The code for several years provided for nothing more
than the " three R's." See K. v. Cockerton., below, judgment of
Wills, J. The Elementary Education Act, 1876 (c. 79), s. 4
(unrepealed), makes it "the duty of the parent of every child to
cause such child to receive efficient elementary instruction in
reading, writing, and arithmetic." But this is only a minimum
limit. See below, p. 102.

6 Law prior to 1902.

And these, embodied in codes from time to time in
force, have very much varied and extended the list of
elementary subjects (/).

The question came up before a divisional court
(Wills and Kennedy, J J.), and the Court of Appeal
(A. L. Smith, M.R., Collins and Romer, L.J J.) in
the recent case of R. v. Cocherton (c/). In 1898 Mr.
Cockerton, the Local Government Board auditor, sur-
charged the expenses incurred in paying a drawing
master to teach drawing classes in board schools
constituted as day art classes under the Science and
Art Department at South Kensington ; and the ex-
penses of a science master's salary for teaching science
to evening classes held in board schools constituted as
science classes, also under South Kensington. The
distinction was clearly drawn in the case between South
Kensington and AVhitehall. Prior to April 1st, 1900,
when the Board of Education Act, 1899 (c. 33), came into
force, the Education Department, which was controlled
by the Lords of the Committee of the Privy Council on
Education, comprised two establishments or depart-
ments : (i) the Education Department at Whitehall,
administering the annual parliamentary grant for
public education ; (ii) the Science and Art Department
at South Kensington, administering the Parliamentary

(/■) The Royal Commission in 1888 gave the following list :
Reading, writing, arithmetic ; needlework for girls ; lineal
drawing for boys ; singing ; English, so as to give the children
an adequate knowledge of their mother tongue ; English history
in reading books ; geography, especially of the Empire ; lessons
on common objects, leading up to elementary science. See Final
Report (1888), p. 146.

(g) [1901] 1 K. B., pp. 322, 726. For a further case of dis-
allowance bv Mr. Cockerton of costs of pupil teachers' centres,
see Times, April 23rd, 1902.

ELEMf:NTARY EDUCATION. 7

grant for instruction in science and art. Though both
under the control of the president and vice-president
of the Committee of the Council on- Education, they
were quite distinct even before 1870. South Ken-
sington was incorporated by Royal Charter in 1864 ;
their administrative stajffs were entirely different and
distinct. South Kensington issued a directory with a
very thorough scheme of education up to university
standard in the subjects contained in it ; Whitehall
issued a code containing a wider list of subjects, but all
treated in much more elementary way than in the
Directory.

Both courts were unanimous that the school board
could not vote money out of the rates for teaching-
science and art in accordance with the South Kensington
Directory ; or for teaching adults in any case.

The following were the chief points arising in the
judgments :

(i) Parliament purposely did not define ^'elementary
education''' rigidly in 1870 ; the " three R's" were the
minimum but not the maximum intended — that must
vary from time to time.

"The code at that time (1870—1874) provided for
no grants for any instruction beyond what have been
called the three E,'s. I cannot believe for a moment
that it was ever intended that in board schools nothing
loeyond the very low standard to which alone ele-
mentary education, as then understood, had reached
should be aimed at by the board schools. . . .
Elementary education is obviously a term which may
shift with the growth of general instruction and
attainment" (Wills, J., at pp. 339, 340).

8 Law prior to 1902.

(ii) The limits imposed were that elementary education
must be for —

(a) Children^ i.e., probably up to sixteen or seven-

teen (p. 341) (/i) ;

(b) It must be such as was prescribed from time to

time by the Whitehall code (p. 354), i.e.,
minutes made in pursuance of s. 97 of the
Act of 1870.

"I am not asked in this case," said A. L. Smith, M.R.,
" to say whether the code embraces more than elementari/
education, but 1 may say it appears to me to embrace
elementary education up to its high water mark "
(p. 729).

(iii) Provided the principal part of the instruction is
elementary, there is nothing to prevent education other
than elementary being given in a public elementary
school (p. 339) (i).

A school, therefore, is an " elementary school " if the
principal part of the instruction given is elementary
education of this type. But by s. 5 of the Act of 1870,
parents were, and are still, entitled to demand more
than this, not only that their children shall have access
to an elementary school as so defined, but to a Public
Elementary School, i.e., an elementary school as above
defined, and something more ; to bring an elementary
school within the class of Public Elementary Schools
it must comply with the following further conditions
(s. 7 of Elementary Education Act, 1870 (c. 75),

{h) The limit under the new Act is fixed at scholars who at
the close of the school year will not be more than sixteen years
of age (s. 22(2)).

(i) This does not appear to he altered by the Education Act,
1902 (c. 42), s. 22 (2), at any rate for non-provided schools. See,
however, notes to s. 5, below, p. 102.

Elementary Education. 9

unrepealed), intended to protect children of all
denominations in denominational voluntary schools :

(i) By the conscience clause, admission to the
school must not be conditional on a child's
attendance, or non-attendance at any " Sunday
school or any place of religious worship "
outside the school, or at any "religious
observance or instruction in religious sub-
jects " inside the school or elsewhere, from
w^hich he may be withdrawn by his parent ;
or if withdrawn by his parent from such
religious instruction, the child must not be
compelled to come to school on any day
exclusively set apart (as in the case of
Saturday by the Jews) for religious obser-
vance by the religious body to which the
parent belongs.

(ii) Religious instruction, if given at all, must be
given at the beginning or end of school hours,
and a time table showing the times when it is
given must be hung up in every school.

(iii) The school must be open for inspection at all
times by his Majesty's inspectors.

(iv) The school must be conducted so as to comply
with all other conditions laid down from time
to time by the Acts and minutes of the Depart-
ment (now the Board of Education), as neces-
sary in order to gain the Parliamentary
grant (/:).

The two kinds of Public Elementary Schools are —

(i) Voluntary (i.e.^ usually denominational) schools
which comply with these conditions.

Qc) Embodied in s. 97 of the Act of 1870 and the minutes or
code from time to time in force thereunder.

10 Law prior to 1902.

(ii) Board schools. Every board school mnst be a
public elementarij school (Elementary Educa-
tion Act, 1870 (c. 75), s. 14 (1) unrepealed).
Thus, every school district had to have sufficient

accommodation for elementary education in schools of

one of these three types :

(i) Elementary schools which afforded ^''efficient and
suitable " provision, but were not public
elementary schools. Such would be, for
instance, private schools giving mainly ele-
mentary education, and not charging fees
above 9^?., which did not comply with the
conditions necessary for a public elementary
school (I), but yet might be ''' efficient " educa-
tionally, and *' suitable " to the religious
wishes of the parents ; if, however, a minority
objected, they would then be entitled to
demand accommodation in either —
(ii) yoluntary public elementary schools ; or
(iii) Board schools. In addition to the conscience
clause applicable to all public elementary
schools, board schools were subject to the
further restriction, embodied in the famous
Cowper-Temple clause, that "no religious
catechism or religious formulary which is
distinctive of any particular denomination

(l) E.g., possibly had not got a certificated teaclier, but were
decided by his Majesty's inspectors to be ^^ efficiejit" and
^^ suitable,'" that is, were not objected to by the parents of
scholars, even though not observing the conscience clause. For
instance, if in a country parish a Church of England school
did not accept the conscience clause, it could not get the annual
grant. See Instructions to Her Majesty's Inspectors, issued in
May, 1871.

Elementary Education. 11

shall be taught in the school " (Elementary
Education Act, 1870 (c. 75), s. 14 (2), unre-
pealed).

Accommodation. — Since the Elementary Education
Act of 1891 (c. 56), every school district must provide
sufficient public school accommodation luithout payment
of fees for children over three and under fifteen years
of age (s. 5). What exactly is a "sufficient amount of
accommodation " it is, of course, difficult to say ; the
answer varied according to the requirements of each
district. The ordinary working rule adopted by the
Board of Education when making loans has been that
accommodation in elementary schools of some kind will
be required for one-sLvth of the entire population. The
accommodation in any particular school is determined
by the report of the inspector on that school.

Authority to provide extra accommodation. — The

school boards were required to provide such additional
accommodation as they might think necessary (Elemen-
tary Education Act, 1870 (c. 75), s. 18, unrepealed).
The Department, however, exercised an indirect veto :
(a) In London, by means of the provisional order neces-
sary for every new building ; (b) in the country, if a
loan was required, the Department's consent had to be
obtained, and under Elementary Education Act, 1873
(c. 86), s. 10, such consent must be withheld if the
Department thought the additional accommodation un-
necessary ; (c) the Department might refuse annual
grants to a school if unnecessary (m). In districts
where there was only a school attendance committee (?i)

(m) Elementary Education Act, 1870 (c. 75), s. 98.
(?i) See below.

12 Law prior to 1902.

and no school board, the school attendance committee
could make representations to the Department, but the
Department alone could act, and, if necessary, require
a school board to be appointed.

As the legislature had imposed the obligation to
supply deficiencies of accommodation on the school
boards (s. 18, above), the Department has generally
allowed to the boards, as against voluntary committees,
a prior right to do so. Special provision is made in
the new Act, ss. 8 and 9, for settling questions of prior
right in the provision of new schools by means of an
appeal to the Board of Education, which is bound to take
certain factors into consideration.

School boards.— After the Act of 1902 comes
into operation, references to the school boards and
school districts in sections of the earlier Act not
repealed are, generally speaking, to be construed as
references to local education authorities, and the areas
for which they act (Education Act, 1902 (c. 42), Third
Sched. (1) ) ; and the local education authority, 2.^., the
county, borough, or urban district council, according
to circumstances, is to have throughout its area the
powers and duties of a school board and school atten-
dance committee (s. 5), so that most of the law in force
now as to elementary education is retained in operation.
But the school board and school attendance committees
are themselves abolished (s. 5). Consequently the
machinery sections relating to proceedings for the
supply of schools and formation of boards (Elementary
Education Act, 1870 (c. 75), ss. 8—13), for the con-
stitution and membership of school boards (ss. 29 — 34),
for united and contributory school districts (ss. 40—=-

Elementary Education. 13

51), for expenses of the school boards (ss. 53 — 56), for
accounts and audit (ss. 60 — 62), and for defaultino-
boards (ss. 63 — 66), are repealed on the new Act
coming into force (o). The provisions of the old law
on these points, therefore, need not detain us. Most
of the provisions, however, relating to the actual
powers and duties of the school boards are to apply to
the new local authorities.

In addition to the power to enforce attendance (see
below), the chief powers of school boards remaining in
force relate to —

Purchase or taking of land. — This may be done in
one of three ways :

(i) By agreement under the agreement sections of
the Lands Clauses Consolidation Acts (p),
w^hich Acts are expressly incorporated in the
Elementary Education Act, 1870 (c. 75),!
s. 20 (1) (unrepealed). The school board, and'
now the local education authority, may agree '
with the owner of land required, and with all \
parties having any interest in the land for the |
purchase of the land required. Persons under
disability, such as infants, are empowered
to sell, provided proper valuations are made
to safeguard their interests, the purchase
money to be deposited in the bank for their j

(o) The Act comes into force on the "appointed day,"
i.e., Marcli 26th, 1903, or such later date within eighteen months
as the Board of Education may fix. The Board may apply
portions of the Act at ditferent times in different places ; and see
Circular 474, Appendix A.

(p) 1845 (c. 18), 1860 (c. 106), 1869 (c. 18), 1883 (c. 15),
1895 (c. 11).

14 Law prior to 1902.

benefit (q). The consent of the Board of
Education is not necessary.

(ii) Under the School Sites Acts (see below) (r).

(iii) " Otherwise than by agreement," that is com-
pulsorily under the Lands Clauses Consolida-
tion Acts.

" Land " includes " any right over land," and the
promoters of the undertaking are to be construed to
mean now the local education authority (s).

The land can only be purchased for the purposes of
elementary education as laid down in the Acts, though
these purposes will not be narrowly interpreted (t).
School buildings can be erected on land properly
acquired, even though they interfere with "ancient
lights," or other easements ; the only remedy of the
owners is compensation in damages, and no injunction
will lie to prevent the erection (u).

Before putting into force any of the powers with
respect to the taking and purchase of land compulsorily
the following formalities are necessary :

(i) Publication of a notice during three consecutive
weeks in October and November giving particulars of
the proposed site.

(q) Section 6 of Lands Clauses Act, 1845, c. 18 ; and see
generally ss. 5 — 15.

(r) Elementary Education Act, 1870 (c. 75), s. 20, last clause
unrepealed.

(s) Elementary Education Act, 1870 (c. 75), s. 20 (1), un-
repealed.

(t) Bolls v. School Board for London (1884), L. R. 27 Ch. D.
639.

(u) Clark v. School Board for London (1874), L. R. 9 Ch. App.
120 ; and see Kirbij v. School Board for Harrogate, [1896] C. A.
1 Ch. 437.

Elementary Education. 15

(ii) Service of notice on the owner, lessee, or
occupier of the land ; also giving particulars and
asking whether, or no, he assents. This must be served
either personally, or at the owner's usual or last known
place of abode.

(iii) A petition to the Department (now the Board
of Education) ; and it may order a public inquiry (see
below) (.y). If satisfied, the Board may make an
order sanctioning the purchase ; but to be valid this
order requires the sanction of Parliament.

School boards, and now local education authorities,
are also empowered to purchase a school-house and site
as well as land'{y). They may also sell^ lease, and
exchange land with the consent now of the Board of
Education {z).

Transfer and retransfer of schools to school
boards, and now to local education authorities. — In
view of the new Act these powers may be in future not
infrequently exercised. The right to transfer will vary
according as the existing owners or managers of the
premises to be transferred have or have not, apart
from statute and by their own trust deeds, if any,
power to lease or transfer.

(i) Transfers ivithout the consent of the Board of
Education. — Where trustees have power by their trust

(x) Elementary Education Act, 1870 (c. 75), s. 20 (2)— (8), un-
repealed.

(y) Elementary Education Act, 1870 (c. 75), s. 21, unrepealed.
These powers, under s. 21, apply to all managers of " public
elementary schools."

(z) Under the Charitable Trusts Acts, 1853—1869 the Depart-
ment was substituted for the Charity Commissioners (Elementary
Education Act, 1870 (c. 75), s. 22, unrepealed).

16 Law prior to 1902.

deed to sell or lease the premises for educational pur-
poses, then they can sell, or let to the local education
authority, provided they comply with s. 29 of the
Charitable Trusts Amendment Act, 1855 (c. 124), that
is to say, for a sale or long lease beyond a period of
twenty-one years, the consent (originally of the Charity
Commissioners and now) of the Board of Education is
necessary, or of the Court of Chancery (a), hut for a
short lease up to tiventij-one years no such consent is
necessary. Such a lease to the local education authority
/'^vill take effect under s. 19 of the Elementary Education
j Act of 1870, a rent may be charged and arrangements
I made for religious teaching, and the Board of Education
v^annot interfere (Z>).

(ii) If, however, an " elementary school " is vested
in trustees without power under their deed to sell, lease
or transfer it, recourse must be had to s. 23 of the
Elementary Education Act, 1870 (c. 75) (c).

Section 23 requires several formalities ; the most
important are the assent of the Board of Education,
and of two-thirds of the annual subscribers, if any ;
but in addition any requirements of the trust deed as
to procedure and assents must be observed ; if none,
then the usual rules of procedure for acts intended to

{a) Re Mason's Orphanage, [1896] 1 Ch., p. 596.

(6) Apart from statute, the Chancery Courts always allowed
charity trustees to sell or lease, provided they could prove this
would be for the benefit of the charity. Even in the case of the
leases for less than twenty-one years above mentioned, it might
still be necessary to prove this fact. See generally, Re Stockport
Ragged School, [1898] 2 Ch., p. 687, and notes to s. 7 below.

(c) See Circular of Education Department, January 1st, 1872 ;
Elementary Education Act, 1870 (c. 75), ss. 18, 19. This circular
requires much modification in view of s. 29 of the Charitable
Trusts Amendment Act of 1855.

Elementary Education. 17

bind the managers must be followed ; and if no usual
rules exist, then the consent is necessary of two-thirds
of the managers present at the meeting summoned to
consider the question, together with any other assents
the Board of Education may think necessary. The
Board must also inform the trustees, if any, of the
school who are not managers, and " shall consider
and have due regard to " any objections they may
urge. The managers can only transfer to relieve them-
selves of the responsibility of maintaining the school,
and not to discharge debts for which they have made
themselves liable in connection with the school. If the
trustees or managers have, apart from tlie Act, s. 23,
a right actually to mortgage or incumber the school
premises, and such power has been exercised, the legal
transfer to the school board would be made subject to
such mortgage or incumbrance and the mortgagee's
rights would be protected {d).

It is to be noted that the Board of Education (e) has
no power to compel transfers, only to sanction any
" arrangement " come to between the voluntary school

(f?) If schools have been erected partly by funds granted by
Parliament, there is no power to mortgage or charge the premises.
If it were part of the arrangement for the transfer that the local
education authority should pay any outstanding debt, the auditor
might attempt to surcharge this : the ratepayers could only be
made to contribute towards the expenses of a school ^'•provided
hy a school hoard,'' which means " a school conducted under the
control and management of a school board " (Elementary Educa-
tion Act, 1870 (c.75), s. 14, unrepealed). When the past debts
were incurred the school was not in this position. But where a
transfer takes place in the course of the school year, the managers
may of course make an arrangement to claim a proportionate part
of the grant.

{e) A form of transfer is provided by the Board.

E.A. C

18 Law prior to 1902.

managers and the school board (now the local educa-
tion authority). If any person has any right to use
the school for any particular purpose, e.g.^ a clergyman
for a Sunday school, his consent must be obtained.
The managers (/) may convey outright their whole
interest in the premises, or lease them for a period
or for a portion of the week only, and generally may
make what terms they please. But by the minute of
the Department as to transfers, no rent beyond a
nominal one of 55. may be charged, though if the
premises are leasehold, the rent under the existing
lease will be paid. The arrangement may provide for
the transfer of any endowment, but must not prescribe
what kind of instruction is in future to be given in the
school {(]). Six months after the Board has sanctioned
the transfer, the arrangement cannot be called in
question (s. 23).

Not only trustees, but any person ivlio has contri-
buted to the establishment of the school, can make
objections as to the proposed transfer, and the Board of
Education " shall consider and have due regard to such
objections." This does not, however, give to persons
who have so contributed any right actually to veto the
transfer ; many schools have been founded partly out of
funds contributed by societies, such as the National
Society, the Wesleyan Education Committee, and the
Roman Catholic Poor School Committee (A).

(/) Note the managers may transfer, though the legal estate is
in trustees (s. 23).

(g) Minute of July 17th, 1871, s. 4.

(/i) In one case the National Society did attempt to prevent
the transfer of a school in the parish of Emanuel, Camberwell,
towards whose foundation they had contributed, and which by
its trust deed was " always to be in union with, and conducted

Elementary Educatiox. 19

The contributions of these societies would not, without
more, give a right of veto ; but a veto may be expressly
reserved as in many modern forms of trust deed (i).

The school when transferred, and to the extent of the
transfer, shall "be deemed to be a school provided by the
school board," and now by the local education authority
(s. 23, last clause, unrepealed). Many voluntary schools
have been transferred to boards under these sections
with or without rent ; the incumbent or managers
being relieved from all cost of keeping up the school
or buildings, but usually retaining the use of the
school premises during all or some of the evenings in
the week, and on Sundays for Sunday schools. Provi-
sions are also made for retransfers to the voluntary
managers on certain terms, and with the consent of the
Department, or now, the Board of Education (s. 24).

Returns and inspection. — The Education Depart-
ment (now the Board of Education) may require
the " local authoriti/,'" or any person or persons the
Board may appoint, to make a return containing such
particulars as to the elementary schools and children
requiring elementary education, as the Board may re-
quire. The Board draw up the forms, and the returns

according to the principles, and in furtherance of the ends and
designs," of the Society. One of the terms of union was that
the children should be " instructed in the Holy Scriptures and
in the liturgy of the Established Church." In sjDite of these
provisions so incorporated into the deed, it was held that the
National Society could not do more than put their objections
before the Department under the section ; they could not forbid
the transfer (The National Society v. School Board for London
(1874), L. K 18 Eq. 668).

(^) E.g., the Roman Catholic Trust Deed reserves a veto to the
Bishop. See Board of Education Precedents of Trust Deeds,
1902 (cd. 1337), p. 17.

c 2

20 Law prior to 1902.

are to be annual (Elementary Education Act, 1870
(c. 75), ss. 67, 6S, unrepealed). The local authority
for the purpose of returns will now be the " local
education authority^^ under Education Act, 1902 (0.42),
s. 1. Inspectors of returns may also be appointed.

Refusal to make the returns required or to admit the
inspectors, removes the school from the list of those
which are '' efficient " (Elementary Education Act, 1870
(c. 75), ss. 70—72, unrepealed).

Further, not only the Department (and now the
Board of Education), but the school boards, and now
the local education authority, can call for returns (Jc)
from the managers of any public elementary school in
their area, wherein byelaws under the Elementary
Education Act, 1870 (c. 75), s. 74, have been made
enforcing compulsory attendance ; so that the superior
authority may see that the law is being properly en-
forced. All public elementary schools must be open at
all times to the inspectors appointed by the Board of
Education (/) : under the new Act the local education
authority have also express power to inspect all non-
provided schools (s. 7 (1) (b) ). They can, of course,
also inspect their own provided schools. The new Act
allows the councils to call for returns at once, before
the Act comes into operation, from all managers of
public elementary schools and school attendance com-
mittees (sched. 2 (15) ).

Public inquiries.— The Act of 1870 directed, in

many cases, that persons aggrieved could, provided certain

I conditions were complied with, demand that a public

{k) 1873 Act (c. 86), s. 22, unrepealed.

{I) Elementary Education Act, 1870 (c. 75), s. 7, unrepealed.

Elementary Education. 21

inquiry should be held to examine into all the circum-
stances of the case. Many of the occasions for such
inquiries arose under sections now repealed, e.g., s. 9
of Elementary Education Act, 1870, allowing a public
inquiry if a certain portion of ratepayers, or the
managers of any elementary school felt aggrieved by
the decision of the Education Department with regard
to the public elementary school accommodation for the
district. But several occasions permitting inquiry can
still arise under the earlier Acts, e.g., on a compulsory
purchase of land for a school (Elementary Education
Act, 1870 (c. 75), s. 20), under the Lands Glauses
Consolidation Act ; and many similar occasions will
arise under the new Act, the inquiry being either
required by the Act (e.g., in s. 16), or granted at the
discretion of the Board of Education (s. 23 (10) ), and
s. 73 of Elementary Education Act, 1870, is especially
made to apply to all future inquiries by s. 23 (10).

By s. 73, the Department (now the Board) shall
appoint some person to hold the inquiry ; when
appointed, he is to hold sittings at some convenient
place in the neighbourhood, and hear all evidence (iii) and
information offered, and inquire into any objections.

The Board are to publish notice of every sitting
seven days before it is held, but need not publish
notices of adjourned sittings. The person appointed
must report in writing to the Board, giving his
results with his opinion, and reasons for it, and the
school board (now the local education authority) must
have a copy of this sent them. The Board may make
an order directing that the costs of the inquiry shall

(?7i) This will not be on oath.

22 Law prior to 1902.

be paid according as they think just, either by the
area, as if they were expenses of the school board or
now the education authority, or by the applicants for
the inquiry ; or they may make the grant of the inquiry
in the first instance conditional on the applicant giving
security for expenses. Inquiries are to be held under
the new Act as to endowments (s. 13) and for other
purposes (s. 23 (10) ).

Compulsory attendance; school attendance com-
mittees.— The Elementary Education Act of 1870,
itself, only gave the parent the riglit to demand
elementary education ; it did not force that education
on him {n) ; but the Elementary Education Act, 1876
(c. 79), applied indirect (s, 7), and the Elementary
^JEducation Act, 1880 (c. 23), applied direct compulsion
(s. 2), to the parent to enforce the child's attendance.

The machinery provided for securing this compulsory
attendance was of two kinds :

(1) The school boards.

(2) The school attendance committees where there

was no Board (Elementary Education Act,
1876, s. 7, now repealed as to attendance
committees).
These two bodies were known as the "local autho-
rity," and carried out the methods of compulsion
provided by the Acts, the school boards in districts
over which they had jurisdiction, the school attendance
committees in all other districts.

The attendance committees were appointed annually,
if the district were a borough, by the council of the

{n) Discretionary power was, however, given to eacli board to
make byelaws enforcing attendance (s. 74).

Elementaky Education. 23

borough, or if it were a parish, by the guardians of
the union in which such parish was situated (o).

Power was also given to the Education Department
to authorise the appointment of a separate school
attendance committee by an urban sanitary authority,
on certain terms, and provided its population was not
less than 5,000 (p). The provisions as to the appoint-
ment of school attendance committees are now repealed,
and need not detain us ; but a word must be said as to
the powers possessed by these " local authorities " to
compel attendance, for these powers survive.

(i) The Act of 1870 (c. 75) allowed each school
board a disci^etion whether it would, for its own district,
make byelaws enforcing attendance or not ; it could
only exercise the power subject to limitations imposed
by s. 74 (unrepealed) of that Act. The child must
be between the ages of five and thirteen ; the bye-
laws must not infringe the " conscience clause," and
must provide for remission of fees where poverty is
proved, and for exemption from obligation to attend
when a certain standard is reached ; ^'reasonable excuse^^
must also be allowed. Subject to these conditions the
byelaws may impose penalties for breach of these pro-
visions not exceeding, with costs, 5^. for each ofiPence.
The following grounds of " reasonable excuse " are
expressly mentioned in the Act : efficient instruction
elsewhere ; sickness, or any unavoidable cause ; absence

(o) Elementary Education Act, 1876 (c. 79), s. 7, partly
repealed.

(j9) See Elementary Education Act, 1876 (c. 79), ss. 31, 32,
repealed, s. 33, partly repealed, ss. 34 and 36 repealed.

24 Law prior to 1902.

of a public elementary school within three miles
(s. 74) (q). The Education Department (now the
Board) must sanction the byelaws, and they are not
valid till enforced by Order in Council. The byelaws
will now be made by the local education authority.

(ii) The Act of 1876 (c. 79) is memorable for having
for the first time declared it " tJie duty of the parent
of every cMW to cause the child to receive efficient
elementary instruction, though the Act did not go further
than " reading, writing, and arithmetic " in its definition
of elementary instruction (s. 4, repealed). The Act
created the school attendance committees to enforce this
obligation in districts where no school board existed.
The methods of compulsion provided by the 1876 Act
were of two kinds : (a) the school attendance com-
mittee was given the same power of making byelaws
as the school boards had under the Act of 1870
(Elementary Education Act, 1876 (c. 79), s. 21, now
repealed) (r) : (b) restrictions are placed on the employ-
ment of children under ten, or who have not attained
a certain standard of proficiency (s. 5, unrepealed) (s).

(iii) Finally, the Elementary Education Act of 1880
(c. 23), introduced universal dii^ect compulsory attend-
ance ; by s. 2 (unrepealed), in any district which had
not already got byelaws under s. 74 of the Act of

(q) But these grounds are not exclusive ; the courts have
allowed other grounds of reasonable excuse, e.g., regular despatch
to school by the parent of a child who plays truant (Belper
Union v. Bailey (1882), 9 Q. B. D. 259). "No boots" is not an
excuse which will be allowed.

(r) Education Act, 1902, sched. 4.

(s) See Elementary Education Act, 1880 (c. 23), s. 4.

Elementary Education. 25

1870, the local authority was obliged fortJiivith to make
byelaws, and if they did not do so the Department
might.

Voluntary schools. — These are public elementary
schools not under the control of the school board. In
order to earn parliamentary grants they are subject to
the conscience clause, and the other conditions of s. 7
(unrepealed) of the Elementary Education Act of 1870,
but not to the Cowper-Temple clause (s. 14), and the
managers could give what religious instruction they
pleased.

The sites for very many voluntary schools have been
conveyed under the School Sites Acts (t), the provisions
of which under the new Act may become of consider-
able importance. Any person seised in fee simple, fee
tail, or for life, and having the beneficial interest, may
grant or convey, either by way of gift, sale or exchange,
in fee or for a term of years, not more than one acre
of land " as a site for a school for the education of poor
persons or for the residence of the schoolmaster or
schoolmistress, or otherwise for the purposes of the
education of sucJi j^oor persons in religious and useful
knowledge.^'' There is a reverter clause (s. 2) by which,
if the land or any part of it ceases to be used for these
purposes, it is to revert to the estate to w^hich it origin-
ally belonged. Even if trust deeds permit of the
premises being closed (^ii) as a public elementary school,
the site of most voluntary schools will revert to the
estate of the donors if no educational work for p)oor

(t) 1841 (c. 38) ; 1844 (c. 37; ; 1849 (c. 49) ; 1851 (c. 24).
(w) See Memorandum of Board of Education, E. A. 1, par. 4,
Appendix A.

26 Law prior to 1902.

persons in religious and useful knowledge is carried on ;
the opinion of conveyancing counsel has been given that
probably use during the week as a library or institute
for working men and on Sundays for Sunday schools,
is suflScient to prevent reverter.

Industrial schools. — These are of two kinds : (a)
Certified industrial schools under the Industrial Schools
Act, 1866 (c. 118). These are defined as " schools in
which industrial training is provided, and in which
children are lodged, clothed and fed, as well as taught "
(s. 5). A school board might, with the consent of
the Department, establish, build, and maintain such a
school (.1'). The main object for which the industrial
school is used is to secure the education of the wastrel
child ; and school board or school attendance officers are
to bring children who are liable to be sent to such a
school before two justices, so that they may be ordered
there {y). (b) Day industrial schools. These were
introduced by the Elementary Education Act, 1876
(c. 78), and are defined as schools in which " industrial
training, elementary education, and one or more
meals a day, but not lodging, are provided for the
children " {z). Children who may be sent to a day
industrial school include all those who may be sent
to an industrial school, and, in addition, those who may
be sent there for failing to comply with an "attendance
order " (a).

(x) Elementary Education Act, 1870 (c. 75), s. 28, unrepealed.
iy) Elementary Education Act, 1870 (c. 75), s. 36, unrepealed.
{z) Elementary Education Act, 1876 (c. 79), s. 16 ; Day
Industrial School Order, March 20th, 1877, Art. 2.
(a) Elementary Education Act, 1876 (c. 79), s. 12, unrepealed.

Secondary Education. 27

Secondary Education prior to 1902.

Prior to the Board of Education Act of 1899
(c. 33), there ^vas no permanent authority in England
capable of exercising control over the secondary schools,
and general education of the country above the rank
of elementary. Apart from the stimulus of occasional
Royal Commissions, or the partial interference of the
Charity Commissioners, or of the Science and Art
Department (where they made grants), the secondary
schools were left to pursue their way unregulated by
State control and unaided by public money. Further,
secondary school authorities laboured nnder greater
difficulties than elementary authorities in the following
particulars : (i) They could not avail themselves of the
School Sites Acts ; (ii) they could not secure land under
the Technical and Industrial Institutions Act, 1892
(c. 29) ; (iii) the law of mortmain pressed more hardly
upon them ; (iv) they could not borrow money from
the Public Works Loan Commissioners as school boards
could (Elementary Education Act, 1873 (c. SQ), s. 10,
repealed). Parliament had, however, made some
provision for covering portions of the ground.

I. The Endowed Schools Acts. — These consisted of
the Endowed Schools Act, 1869, and amending Acts (6).
The object of these Acts was to promote secondary
education by giving to a commission drastic powers to
make schemes for the better administration of existing
endowments devoted to this purpose. In 1874 the
jurisdiction of the Endowed School Commissioners was

(h) Endowed Schools Act, 1869 (c. 56) ; 1873 (c. 87) ; 1874
(c. 87) ; and see Welsh Intermediate Education Act, 1889 (c. 40).

2S Law prior to 1902.

transferred to the Charity Commissioners, and now, in
pursuance of the Board of Education Act, 1899 (c. 33),
orders have been made transferring this jurisdiction, so
far as concerns endowments held solely/ for educational
purposes, to the Board of Education (c). " Educational
endowments," to which the Acts apply, mean all
endowments which, or the income whereof, is applicable
to or has been applied for the purposes of education
at school of boys or girls, or of exhibitions tenable
at a university or school or elsewhere (Act of 1869
(c. 56), s. 5). Various classes of endowments are
exempt, amongst others those of any of the seven
public schools mentioned in s. 3 of the Public Schools
Act, 1868 (c. 118) (d) ; any school which on January 1st,
1869, was maintained wholly or partly out of annual
voluntary subscriptions and had no endowments save
school buildings or playgrounds ; schools maintained out
of any endowment which may in the discretion of the
governing body be devoted to other purposes than
education ; elementary schools in receipt of parlia-
mentary grants, and any school which for six months
prior to January 1st, 1869, was used solely for educating
choristers (s. 8). The consent of existing governing
bodies to any new scheme was necessary in certain cases,
e.g., if the endowment was not more than fifty years old
in 1869 ; and in the case of cathedral schools, Moravian
or Quaker schools, or schools forming part of the
foundation of a college at Oxford or Cambridge (s. 14).
A strict conscience clause is to be applied to all day

(d) These are Eton, Winchester, Westminster, Charterhouse,
Harrow, Rugby, Shrewsbury.

Secondary Education. 29

scholars under any new scheme (s. 15), and a modified
one to boarders (s. 16) ; but certam schools, such as
cathedral schools, are exempt from the provisions of the
Acts as to religious education save the day conscience
clause {e).

Transfer of jurisdiction to the Board of Education.

— Shortly stated, the effect of the three Orders in
Council so far made under the Board of Education
Act, 1899 (c. 33), s. 2 (2), is as follows : (i) By
the Order dated August 7th, 1900, (a) powers of
inquiring into, extracting documents, and searching
records of, charities under the Charitable Trusts Acts (/)
and under schemes made in pursuance of those Acts,
1853 to 1894, or the Endowed Schools Acts, 1869 to
1889, may be exercised concurrently w4th the Charity
Commission, so far as those powers relate to educational
purposes ; and (b), as to Wales and Monmouth, all
powers conferred on the Charity Commissioners by any
scheme under the Endowed Schools Acts, 1869 to 1889,
regulating any endowment for educational purposes in
Wales or Monmouth ; and all powers conferred on the
Charity Commissioners by those Acts, and exercisable
in respect of any endowment so regulated, are trans-
ferred to the Board of Education. Lands and funds
vested in official trustees were not to be transferred
without the consent of the Charity Commissioners.

(e) For the method of drafting schemes, laying them before
the Education Department, publication, and right to appeal to
the Privy Council, see Endowed Schools Acts, 1869 (c. 56), s. 35,
and 1873 (c. 87), s. 13.

(/) Charitable Trusts Acts, 1853 (c. 137), ss. 9—12 (as
amended by Act of 1887) ; 1855 (c. 124), ss. 6, 7 ; and 1887
(c. 49).

30 Law prior to 1902.

The Board stated that the powers exercisable by the
Board under this Order over endowments in England
jointly with the Charity Commission were, broadly,
powers to secure information as to endowments. The
Order does not confer any power on the Board to make
or amend schemes, and would be mainly useful for the
purposes of inspecting endowed schools under s. 3 of
the Board of Education Act, and for holding inquiries
with a view to prevent undesirable competition between
schools (^). As to Wales and Monmouth, the Board of
Education take the place of the Charity Commissioners
for the transaction, generally speaking, of all business
connected with educational endowments already regulated
by scheme under the Endowed Schools Acts, (ii) By
the further Order of July 24th, 1901, the powers of the
Charity Commissioners for the framing and amending
of scJiemes under the Endowed Schools Acts, 1869 to
1889, and the Charitable Trusts Acts, 1853 to 1894, in
the case of endowments in England and Wales, appli-
cable solely to educational purposes, are transferred to
the Board of Education. So far as Wales and Mon-
mouth are concerned, the eflPect of the Order is that
the jurisdiction of the Board is, by the second Order,
extended to making of schemes for educational endow-
ments not already regulated by schemes under the
Endowed Schools Acts. Where endowments are
applicable partly to educational, partly to other
purposes, the Charity Commissioners retain their
powers till the endowments have been apportioned ;
and their consent is required to the transfer of any
lands or funds held by the official trustees of charitable

(g) See Owen's Education Acts Manual (19th ed.), p. 431.

Secondary Education. 31

funds or lands, (iii) Finally, by Order of August
11th, 1902, all remaining powers conferred on the
Charity Commissioners by the Charitable Trusts Acts,
the Endowed Schools Acts, the Mortmain and
Charitable Uses Acts, and other Acts, or any schemes
thereunder (except the powers of appointing the official
trustees of charitable funds and of vesting lands or funds
in the official trustees of charitable lands or funds)
shall, so far as they relate to endowments held solely
for educational purposes^ be transferred to the Board of
Education.

II. Technical and manual instruction. — By the

Technical Instruction Acts, 1889 (c. 76) and 1891 (c. 4)
(both now repealed in toto\ provision was made for
'• supplying or aiding the supply " of technical or
manual instruction, technical instruction being defined
to mean (i) instruction in the principles of science
and art applicable to industries, but not teaching
the practice of any trade or industry ; it w^as also
to include (ii) instruction in the branches of science
and art with respect to which grants w^ere from
time to time made by the Department of Science
and Art ; and (iii) any other form of instruction,
(including modern lanouao;es and commercial and ao-ri-
cultural subjects), from time to time sanctioned by the
Department, as required by any locality ; '' manual
instruction " meant instruction in the use of tools,
processes of agriculture, and modelling in clay, wood or
other material. The authorities to supply, or aid the
supply, of such technical or manual instruction were
the council of any county or borough, and any urban
sanitary authority within the meaning of the Public

32 Law prior to 1902.

Health Acts. Restrictions were imposed on supplying
or aiding the supply of such instruction ; it was not to
be given in elementary schools (A) ; no conditions as to
attending or not attending any Sunday school or place of
religious worship might be imposed in any school aided
and receiving technical instruction, and no religious
catechism or formulary should be taught in any rate-
aided school to any scholar attending only for such
instruction ; the local authority might make grants to
schools or institutions within, or outside (/), its district,
but on express condition that it obtained a proportionate
amount of representation on the governing body of the
school or institution, and that the school was not con-
ducted for private profit (s. 1 (1) (d), (e), (f)). Funds
were provided as follows : (a) The local authorities might
rate themselves to the extent of one penny in the £ ;
(b) Parliamentary grants in aid on conditions laid
down by South Kensington ; (c) The county and
county borough councils were authorised (but not com-
pelled) to spend moneys entrusted to them under the
Local Taxation (Customs and Excise) Act, 1890
(c. 60), usually known as the "whiskey money "(/:),
for the purpose of aiding technical instruction, in
addition to the local penny rate (s. 1 (2) now repealed) ;
and county councils were empowered to make grants to
town councils or urban sanitary authorities in the
county in order that the latter might apply the grant
for the same object (s. 1 (3) now repealed). Any of
the " whiskey money " voted in any one year need not
be expended in that year, but might be carried over to

(h) Teclmical Instruction Act, 1889 (c. 76), s. 2 (1) (a).
(i) Technical Instruction Act, 1891 (c. 4), s. 1 (1) (a).
(k) This amounted in 1902 to £924,360.

Secondary Education. 33

the next. Further Acts in 1891 (c. 61), and 1892
(c. 29), authorised transfer to local authorities of
certain schools of science and art ; and gave power
to the governing bodies of technical and industrial
institutions to make byelaws, and acquire land by
agreement.

III. Agricultural education. — Under the Board of
Agriculture Act, 1889 (c. 30), the Board may inspect
and report on any school (not being a public elementary
school) in which technical education, practical or
scientific, is given in any subject connected with agri-
culture, including horticulture and forestry, and can
aid institutions by grants (I). Any of the powers of
the Board of Agriculture relating to education may be
transferred to the Board of Education by Order in
Council under the Board of Education Act, 1899
(c. 33), s. 2 ; no Order in Council has, so far, been
made for this purpose. The President of the Board of
Agriculture (Mr. Hanbury) is strongly opposed to any
transfer of powers, and is supported by the Govern-
ment in this policy.

lY. Science and art grants. — By far the largest and
most complete provision for any portion of secondary
education was made by means of grants from South
Kensington for science and art classes, either day
classes or evening classes. These grants were made in
accordance with conditions provided in the South

(l) See Report of Board of Agriculture, 1902 : the grants last
year amounted to nearly £9,000. Practically all the grants ad-
ministered by the Board go to assist large agricultural colleges
of the university rank carried on with the co-operation of county
councils.

E.A. D

34 Law prior to 1902.

Kensington Directory, and were available for any
school complying with the conditions as to teaching
and examination there laid down. For the year 1901
the total number of students in these classes was
over 300,000, and the total grants over £200,000
(Report, p. 48).

The Finance of Education prior to 1902.

It must not be forgotten that before all things the
Education Act is intended to work a revolution in the
finance of education.

The present position as regards both grades of
education is briefly as follows :

(a) Elementary education. — Unlike higher educa-
tion, whose main support has been from voluntary
funds raised locally, elementary education has hitherto
been principally supported from Whitehall grants.
These are of various kinds.

1. TJie''^ Parliamentary''^ Grant, — This is a sum voted
annually by Parliament and distributed to every school
in proportion to the average attendance. It depends to
a small extent on efficiency as tested by inspection or
examination, and also upon the school taking certain
practical subjects. The amount so distributed in the
past year was £5,143,741. There are special sums in
addition voted for pupil teachers and for the instruction
of king's scholars in training colleges.

2. The Fee Grant, — This is a sum of 10s. a head upon
each scholar who pays no (m) fees, and is in lieu of the

(m) This is the general rule ; there are, however, cases in
which the grant is payable though fees are still charged.

Finance of Education. 35

fee not exceedin£ 9^. a week which was charoreable
previous to the Act of 1891. The total amount of
this grant in the past year was £2,415,801.

3. By the Act of 1897 a special aid grant at the rate
of 55. a head on the average attendance was given to
the voluntary schools. This amounted to £618,233 in
1901-2, and is abolished by the Education Act, 1902.

4. By the Necessitous School Boards Act of 1897, a
grant was given to those school boards whose districts
had a large number of elementary school children in
proportion to their rateable value, and it varied with this
test of necessity.. It amounted last year to £13,750,
and is abolished by the Education Act, 1902.

5. Many schools still charge fees, and make a charge
for books. This source of income produced £93,451
last year. By the Education Act, 1902, it may be con-
tinued at the option of the local authority, but the
fees taken are divisible between that authority and the
managers.

6. Under the Agricultural Rates Act of 1896, a sum
was paid to school boards in lieu of the amount they
lost through being only able to rate agricultural land at
half its value. This amounted in all last year to
£106,764. By the Education Act, 1902, the same sum
is paid in relief of the county rate.

7. A considerable sum is derived from public en-
dowed charities. In some counties those devoted to
elementary education are equivalent to a farthing or even
a halfpenny rate. The total sum from this source cannot
be found in any official document. By the Education Act
(s. 13) the part of such charities devoted by the scheme

36 Law prior to 1902.

or trusts of the Charity to " maintenance " (n) goes to
the local authority in relief o£ the rate of the parish
concerned, while that part which is applicable to capital
expenditure remains in the hands of the managers.
Much litigation is certain to result from this section of
the Act. There are also certain private or unregistered
charities devoted to elementary education.

8. Voluntary Subscriptions. — Under this heading, in
aid of voluntary schools there is included not only the
subscriptions of individuals given en bloc, but collections
in churches, the produce of bazaars, entertainments, etc.
The total amount contributed last year was £83-1,123 (o).
As contemplated by the new Act subscribers will pro-
bably entrust all sums under this heading to managers
to enable them to maintain, improve or enlarge the
fabric of the school.

9. The School Board Rate. — This rate levied under
the Act of 1870 covers the deficit resulting in school
board areas between the cost of education (including
administration and school attendance) and the grants
received from other sources. By the Education Act it
is merged in the county, borough, or urban district
(poor) rate. This will be fully dealt with in later
pages. The total sum (excluding London) so raised
last year was £4,068,354.

10. There is a further rate of small amount raised
outside school board areas to defray the expenses of
school attendance committees. Like the previous rate,
it is merged by the Education Act in the general rate
of the authority.

{n) In the case of non- provided schools, maintenance will not
include the upkeep of the buildings.

(o) This is an increase on the previous year of £32,921.

Finance of Education. 37

(b) Higher education. — 1. The earliest source of
funds available for higher education is charitable endow-
ments, under the Endowed Schools Acts. This amounts
in all to about three-fourths of a million, and is strictly
tied dow^n to the older class of secondary school, or to
technical schools, and to scholarships or exhibitions
attached thereto. The Education Act in no way affects
these funds.

2. The grants from the Board of Education, South
Kensington, are of two kinds. First, there are the
old science and art grants, which may be paid to
day schools, endowed or otherwise, but are subject
to reduction on account of the endowment of the
recipient school ; or they may help to support (as they
were originally intended to do) evening classes
in science and art. Secondly, there is the sum formerly
administered from Whitehall, and given to evening
continuation schools. This is now amalgamated with
that part of the science and art grant which is
given to evening schools, and the two are distributed
under the Regulations for Evening Schools. The
total South Kensington grant for the past year was
£286,251 ds.

In all the principal counties, under the provision
known as Clause VII. of the Directory, the county
authorities have for several years past taken the sums
earned by the schools in their county in bulk, and
distributed them as they pleased. No doubt now, as
every county and county borough must possess, in the
words of that clause, an " organisation for promoting
secondary education," the Board will make this arrange-
ment compulsory, and thus the South Kensington grants

38 Law prior to 1902.

will come to be treated as part and parcel of the local
taxation grant.

3. The principal local source of revenue for technical
education and the lower grades of secondary education,
is the Treasury grant distributed to the county and
county borough authorities under the provision of the
Local Taxation (Customs and Excise) Act, 1890. This
varies from three-fourths of a million to over a million,
but in the past year the sums so distributed showed a
diminution, and amounted in all (including London)
to £924,360. By the Education Act, 1902, all this
grant must be devoted to higher education generally.

4. Every county, borough and urban district has had
the option of rating itself to the extent of one penny for
technical education under the Act of 1889. Two
counties, twenty-four county boroughs, and a large
number of minor authorities have rated themselves to
some extent ; but the latter have generally so acted at
the instigation of the county bodies, and in return for
extra assistance under (3) above. By the Education
Act this optional rate is made unlimited in the case
of county boroughs, is increased to twopence (or more
with the consent of the Local Government Board) in
counties, but continued at one penny with the minor
authorities. The total amount of rate aid to technical
education in the past year was £106,000.

5. Boroughs and urban districts have been able to
devote part of the rate under the Public Libraries Acts
to building and maintaining science and art schools and
museums. The sum so employed in the past year by
twenty-eight authorities was £19,459. This power is
not affected by the Education Act.

Finance of Education. 39

6. Previous to the Cockerton judgment school boards
spent part of the proceeds of the rate raised under the
Act of 1870, upon higher education. Though, as
regards maintenance, this has apparently ceased, yet
this rate is still charged with the loans incurred for
building the higher grade and pupil-teachers'-centre
schools.

7. In Wales there is in addition the halfpenny rate
leviable under the Welsh Intermediate Education Act,
1889, and the equivalent Treasury grant. The endow-
ments also, in most part, are " pooled " by counties and
form part of the general "intermediate" fund. This
is unaltered by the Education Act.

( 10 )

SECTION II.

SUMMARY OF THE EDUCATION ACT, 1902; AND
SUGGESTIONS FOR THE TRANSITION PERIOD.

As already explained, the new Act, while introducing
much entirely new machinery and abolishing school
boards and school attendance committees, leaves the
larger part of the body of legislation governing English
education still in force. The line drawn between
elementary and secondary education is still rigidly
maintained, and in view of the rating provisions of the
new Act and the possibilities of friction between the
various new local authorities the line of division is one
of the first importance. The Cockerton judgment (see
above) is still the touchstone to tell us what is and what
is not elementary education. As to age, however,
the new Act fixes the limit at sixteen (s. 22 (2) ).
Anything that does not come within the Whitehall
Code is beyond the scope of the authorities who, under
Part III., are to administer Elementary Education.

I. — The Authorities.

At the head of the whole system stands the Board
of Education (a) itself, as constituted under the Act of
1899 (c. 33), consisting of the five Principal Secretaries
of State, the First Lord of the Treasury and the
Chancellor of the Exchequer, with Lord Londonderry
as President. Lord Londonderry is also Education

(a) For the constitution of the Board, see above, p. 2.

The Authorities. 41

Minister, and commands the very able expert assistance
of Mr. Morant, the recently appointed Chief Permanent
Secretary.

The Board has a general supreme controlling and
directing power under the Act. The chief occasions on
which it can exercise powers are :

(i) (Consultation with the local education authority

as to secondary education (s. 2 (1) ).
(ii) Settling disputes between managers of non-
provided schools and local education authori-
ties (s. 7).
(iii) Settling disputes as to provision of new schools
(ss. 8, 9) ; or fixing the number of managers
for groups of elementary schools (s. 12 (2) ),
or apportioning fees (s. 14), where agreement
cannot otherwise be arrived at.
(iv) Making orders for appointment of managers of

non-provided schools (s. 11).
(v) Holding inquiries as to endowments (s. 13) (b) ;
and determining questions as to endowments
(s. 13) ; or for any purpose under the Act
(s. 23(10)).
(vi) Enforcing provision of elementary education

(s-16).
(vii) Approving schemes, or making provisional

orders for education committees (s. 17).
(viii) Sanctioning loans, or exercising other powers
o£ the old Education Department under the
Elementary Education Acts, 1870 to 1900
(Board of Education Act, 1899 (c. 33), s. 2).

(6) See Memorandum of the Board as to Endowments, E. A. 7
r Appendix A.).

42 Summary of Education Act, 1902.

(ix) Sanctioning surrender of powers by Part III.
authorities (20 (b) ).

(x) Extending the age limit for elementary educa-
tion in certain cases (s. 22 (2) ).

(xi) iippointing the day for the Act to come into
force ; or different dates for various portions
of it in different places (s. 27 (2) ) (c).

Subordinate to the Board of Education come
local authorities covering the whole area of the
county, of three kinds : (a) local education authorities ;
(b) minor local authorities ; and (c) for elementary
schools, managers. The local education authorities
have CONTROL, or control and management, the lesser
authorities management alone, and varying degrees
even of this. The words are important and run through
the Act, w^hich yet does not attempt to define in any
general way what is control and what is merely
management, though in particular instances the Act
may say that a definite power, e.g., the power to appoint
teachers (s. 7 (7)) in the case of managers of voluntary
or non-provided schools, shall belong to the body having
the management.

Roughly speaking, the difference is this : the autho-
rity with control is responsible ; it must find the
money, secure efficiency, settle all questions of principle,
deciding what is and what is not a question of principle,
and in the last resort must take the burden if things go
wrong : the authority which only has management is
responsible for details, but not for finance or matters of
principle.

mentary
education

only,
Part III.

The Authorities. 43

It is worth while to consider who are the various
bodies having control and management in each case.

A. Control. — The authorities with control are the
following, called by the Act " local education authorities " :

(1) The council of every county ;

(2) The council of every county borough ;

(3) The council of the Isles of Scilly ;

(4) The council of every borough with a> -n, ,

population of over ten thousand
people ;

(5) The council of every urban district

with a population of over twenty
thousand (s. 1).
(1), (2) and (3) will have control of elementary
education, and o£ such secondary education as they
supply; they will probably secure some control as a
condition of making the grant in the government of
secondary schools which they merely aid (d) . The
Act gives them no general control of secondary educa-
tion. There are also 108 non-county boroughs with
a* population below 10,000, and 745 urban sanitary
districts with a population below 20,000 ; these, and
also the Part III. boroughs and districts, can levy a
concurrent penny rate for secondary education, and
will again secure some control so far as they supply or
aid the supply of secondary schools ; but neither the
smaller nor the larger bodies are ''authorities" for
secondary education.

(rf) They will not, however, be obliged to secure representation
on the governing bodies of aided schools as they were under the
Technical Instruction Acts.

44 Summary of Education Act, 1902.

(4) and (5) are referred to as Authority Boroughs
and Authority Districts, or Part III. authorities.

The population limit of the Part III. authorities is
that in existence at the time of the passing of the Act,
as determined by the census of 1901 (s. 23 (8) ). The
list, therefore, is a fixed one, and capable of extension
only by a subsequent Act of Parliament. A non-county
borough or urban district whose population is now, say,
9,500 or 19,500, cannot, if it grows to the extent of
1,000 in the next year, then claim admission to the list
of local education authorities (e) .

The numbers are respectively as follows : Counties,
61 ; county boroughs, 69 ; non-county boroughs (over
10,000), 137; urban district councils (over 20,000), 64 ;
making in all 331 local education autJiorities {e\

Mr. Balfour's concession allowing to these large
non-county boroughs and urban sanitary districts the
control of their own elementary education was probably
inevitable ; the statutory committee of the county
council, sitting possibly many miles away, would often
not have the necessary local knowledge or interest
required for managing the many elementary schools
necessary in the large towns. At the same time it
has had this unfortunate result, that in the case of the
Part III. autliority boroughs, and authority districts,
there are two local education authorities, viz. :

(i) The county council for purposes of secondary
education, including therein the training of
teachers, continuation schools, higher grade
schools, the support of pupil teacher centres and
evening classes. The authority boroughs and
districts can, however, levy their penny rate.

(e) For a complete list, see Apj)endix D.

The Authorities. 45

(ii) While the councils of the authoyity boroughs
and districts will control elementary education
as defined by the Act ; power is, however,
given to the councils of these Part III. boroughs
and sanitary districts, to relinquish their
powers, and fall into the general county area for
elementary as for secondary education, if they
wish (s. 20 (b) ), provided the county council
agree and the Board of Education approve.
The council of each of the five above-named local
education autJiorities, and of the lesser boroughs and
districts, must appoint a statutory standing Education
Committee or committees (/), to be constituted accord-
ing to the provisions of s. 17 (3), by scheme approved
by the Board of Education (g). The council as a whole
must deal with all questions of raising money and
rates ; otherwise all educational matters arising under
the Act are to " staiid referred " to the Education
Committee^ and the council cannot act wdthout their
report save in cases of urgency. So far no opinion has
been given in Parliament or elsewhere as to what such a
case of " urgency " would be. The council may further,
apart from the question of rates or borrowing money,
delegate all their powers to the Education Committee
(s. 17 (2) ), so that in the case of the councils of the
five great local education authorities their powers of
control must be exercised on report from, and may be
exercised hy^ the Education Committee.

(/) Councils of bodies, however, only having Part II. powers,
i.e., for secondary education, need not appoint such committees
unless they like (s. 17(1) ). Such bodies are the lesser boroughs
with a population of under 10,000, and districts with a population
under 20,000, with their Id. rate for secondary education under s. 3.

{(j) See Memorandum of the Board, February 9th, 1903
(Appendix A.).

46 Summary of EducatiOxN^ Act, 1902.

B. Management. — 1. Elementary education (Part
III.). — As to (a) voluntari/, or, as the Act calls them,
non-provided schools, a body o£ managers is constituted
by the Act, consisting of four foundation managers
representing the owners or the interests protected by
the trust deed, and two managers appointed by the
council of the local education autliority^ or by the
minor local authority (A) (s. 6 (2)). They are to
have all powers of management over the non-provided
school required for the purpose of carrying out the
Act, including the exclusive power of appointing
and dismissing teachers, subject to such powers as are
reserved to the local education autliority (s. 7 (7) ).
The reserved powers are, however, very great, and if
the local education authority desire, they can under the
powers given by the Act, very largely assume the
MANAGEMENT of the non-provided schools (see below,
Managers of Non-provided Schools).

(b) Provided schools. — Where the local education
authority is the council of a county, every public
elementary provided school must have a body of
managers consisting of four appointed by the council
and two by the minor local authority (Ji) (s. 6 (1) ).
Where the local education authority is a borough or
an urban district, the authority may appoint managers
for elementary p)rovided schools if they like ; but they
are not compelled to do so (s. 6 (1) ). In either case the
managers will have such powers as to management,
subject to such conditions, as the local education
authority may determine (Sched. I., B. 4).

(Ji) For definition see below, and s. 24 (2).

The Authorities. 47

All powers of management not in the hands of
such bodies of managers will be exercised by the
local education authority on report from, or by, its
education committee, save in so far as the council
may have made arrangements for delegation of those
powers to the council of any borough, district, or
parish under s. 20 (a) (?) ; or to a joint committee
(s. 17 (5) ).

Managers of two or more provided or non-provided
schools may be grouped together (s. 12).

2. Secondary education. — Here the powers of
MANAGEMENT must be primarily exercised by the
existing governing bodies of the schools ; county and
county borough councils, so far as they build or make
grants to secondary schools and colleges, will, of
course, secure such powers of indirect management
as they may think proper ; but they are no longer
obliged, as under the Technical Instruction Act, 1889,
s. 1 (e) (repealed), to be represented on the governing
bodies. So far as any (k) non-county borough or
urban district chooses to avail itself of the powers
contained in s. 3 and to raise money for the purpose
of " supplying or aiding the supply of education
other than elementary " by a concurrent penny rate,
the latter bodies will similarly secure some powers of
management.

(^) Though the load education authority would 'prima facie
be a non-county borouo;h or urban district, the latter may have
surrendered their Part III. powers to the county council under
s. 20 (b).

(Ji) As we saw, the limit of population to 10,000 or 20,000 does
not here apply (p. 43).

48 Summary of Education Act, 1902.

The county and county borough councils can, of
course, here also use s. 20 (a), and delegate their powers
of MANAGEMENT, if they think fit, to bodies governing
a smaller area.

II. — The Grades of Education.

The Act deals with the provision of Elementary
Education (Part III., ss. 5 — 16), and with the pro-
vision of Higher Education (Part II., ss. 2 — 4). As
to elementary education (ss. 5 — 16), references to
school boards under the earlier Acts are now to be
construed as references to local education authorities
under the Act of 1902 (I) ; and the local education
authorities are throughout their areas authorised to
provide instruction under the Elementary Education
Acts, 1870 to 1900, in all public elementary schools (ra),
such instruction being limited, save where those Acts
expressly provide otherwise, to the provisions of the
Whitehall code, and to scholars who are not more than
sixteen years of age at the close of the school year
(s. 22 (2) ). Higher education (Part II., ss. 2—4), or
"education other than elementary," will cover every-
thing, save elementary instruction as above defined.
It will include any school carried on as an evening
school under the regulations of the Board of Education
(s. 22 (1) ), the training of teachers (s. 22 (3) ),
provision of travelling expenses and scholarships

(l) Sched. in., s. 1.

(m) For definitions, see above. This appears to be the general
result of ss. 5 and 22 (2), but see notes to those sections, infra.
There is also a proviso that where no suitable higher education
is available within a reasonable distance the Board may consent
to extend these limits.

Grades of Education. 49

(s. 23 (1) ), and education generally, save where given
at a public elementary school (s. 22 (3) ). Provision
by means of the rates, or otherwise, for higher educa-
tion is subject to the following limitations (see below,
Financial Provisions). The " whiskey money " (under
the Local Taxation Act, 1890 (c. 60) ), must now all go
for higher education : this produces from three-quarters
to a million sterling ; in addition to that, a twopenny
rate, or such higher rate as the county council, with the
consent of the Local Government Board, may fix, is all
that can be raised in the counties for higher education ;
the non-county boroughs (n) and sanitary districts may,
if they please, add a rate amounting to another penny.
The county boroughs are subject to no such restrictions.
The local education authority is not given control or
MANAGEMENT generally of all secondary schools ; its
powers are (s. 2) to consider the needs of the area,
and, after consultation with the Board of Education, to
(i) supply education other than elementary ; (ii) aid
such supply by grants, etc. ; (iii) promote general co-
ordination of all forms of education. As already stated,
where the authority definitely creates a new college or
school it will have both control and management of the
institution ; and where it aids an existing one it will
require a voice in control and management, though, as
we have seen, representation on the governing bodies
of institutions aided is not required. With regard to
the non-county boroughs and sanitary districts with
their fixed penny rate the case is not so clear. They
are given to the limited extent o£ the penny rate,

(?i) I.e., All non- county boroughs and urban sanitary districts ;
the limit of population only applies to elementary education
(p. 43).

S.A. S

50 Summary of Education Act, 1902.

the same powers of " supplying or aiding the supply
of education other than elementary," but they have
no powers of co-ordination. The county council was
apparently meant to be the superior authority. So
far as the lesser authorities build their own institu-
tions, or have already built technical institutes, they
will, of course, secure control and management, but
for these boroughs and sanitary district areas, at any
rate, if not for the whole county, in most cases there
will probably be joint committees (under s. 20 (a) ), on
which the county councils will have a preponderating
voice (o). Secondary education is still mainly a volun-
tary matter ; the parent has not yet, as he has in the case
of elementary education, any right to demand accom-
modation, nor is the authority even compelled to spend
up to the twopenny rate, or penny rate, respectively
on higher education.

III. — Religious Instruction.
For higher education s. 4 provides a combination of
the conscience and Cowper-Temple clauses, with modi-
fications. In colleges and schools aided hut not pro-
vided, the council may not require that any particular
form of religious instruction shall or shall not be
taught. In provided colleges or schools (a) no pupil
shall be excluded or placed in an inferior position on
the ground of religious beHef ; nor (b) shall any
catechism or distinctive formulary be taught save on
the following terms : The council must sanction it, and
settle times and conditions ; parents must desire it ; it
must not be at the cost of the council ; and no unfair
preference must be given to any denomination. In

(o) For a draft scheme, see Appendix B. ; see also Memorandum
of the Board, February 9th, 1903, Appendix A.

Religious Ikstkuction. 51

addition, tlie conscience clause is re-enacted for all
secondary schools or colleges maintained or aided by
the council ; no scholar is to be required as a condition
of admission to attend or abstain from attending any
Sunday school or place of worship ; and times of
religious worship or religious lessons are to be
arranged conveniently for the withdrawal of any
such scholar.

In the sphere of elementary education the conditions
of religious instruction will vary according as we are
dealing with elementary schools simply, provided public
elementary schools, or non-provided public elementary
schools (jf:>). The conditions as to religious teaching in
the first two are the same as prior to the passing of the
Act. As to the non-provided or denominational public
elementary schools very important alterations are made
in the existing law by the Act of 1902. Up to now
the denomination providing the school has had through
the denomination managers absolute freedom to give
or provide what religious instruction it pleased, pro-
vided this did not transgress the terms of the trust
deed, and also that the provisions of the Act of 1870 as
to the conscience clause were observed (<_/).

Now the powers of the denomination as to religious
instruction are considerably restricted. (a) By the
famous Kenyon-Slaney clause (s. 7 (6) ), all religious
instruction is to be under the control of the managers,
of whom four out of six only represent the denomina-
tion ; they alone can refuse to appoint head and assistant
teachers, and alone can dismiss any teachers, on religious

(jp) For definition of these terms, see above.
{q) Section 7 (1) unrepealed.
E 2

52 Summary of Education Act, 1902.

grounds (r). (b) The provisions of the trust deeds are
to remain in force, but only so far as to safeguard
the characte?' of the teaching, including any power of
appeal to the bishop to decide whether the character
of the teaching is or is not in accordance with the deed.
On the other hand, the control of the managers will
now override the macliinei^y provisions of the trust
deeds ; even if the deed requires freedom of access to
the school for the minister of the denomination, the
managers can now forbid it (s. 7 (6) ).

lY. — Appointment of Managers.

In provided schools (a) where the local education
authority is the council of a county borough or of an
authority (Part III.), borough, or district, the council
may^ if they see fit, appoint a body of managers, and
of such numbers as they may determine (s. 6 (1)).
(h) Where the local education authority is the county
council, every public elementary school must have a
body of managers, four appointed by the council, and
two by the minor local authority {s) (s. 6 (1) ).

All non-provided schools are to have a body of
managers, four being foundation managers, appointed
to represent the denomination so far as possible in
accordance with the trust deed (s. 11), and two non-
foundation managers, appointed by the local education

(r) See s. 7 (1) (c) and (5). The managers must observe the
provisions of their trust deed as to religious tests for teachers in
the case of head teachers ; they may, if they like, disregard them
in the case of assistant teachers ; in the case of pupil teachers,
when there is competition, the local education authority must
appoint (s. 7 (7) ).

(s) Defined by s. 24 (2) as the council of any borough, or
urban district or other parish council or parish meeting, where
there is no parish council, of any parish which the school serves.

Appointment of Managers. 53

authority, if it is a borough or urban district ; or in the
case of counties only, by the county council, the other
by the minor local authority. The local education
authority may increase these numbers, provided the
proportion is maintained (s. 6 (3) ). See now form of
provisional order issued by the Board for appointment
of managers, E. A. Order (Provisional) 1, Appendix A.

In all the three above cases more than one school
may be grouped by the local education authority under
one body of managers ; but in the case of non-provided
schools the consent of the managers is necessary, and
the arrangement shall only last for three years unless
otherwise expressly agreed (s. 12) (t).

Section 11 regulates the appointment of the founda-
tion managers in voluntary or non-provided schools.
The trust deeds of the schools when extant will usually
provide for the appointment of at least eight to twelve
managers ; and where there are no trust deeds, by
customary practice the same result will generally have
been arrived at. The trust deeds {u) may, in a few cases,
allow for only four managers, or for delegation by the
larger number of their powers to four. Where this
is so, no application to the Board of Education will be
necessary. But in the majority of cases, where the
provisions of the trust deed as to the appointment of
managers are in any respect (a) inconsistent with the

{t) For scheme of grouping, see Appendix C.

(w) For form of National Society's Deed, and of Roman Catholic,
"Wesleyan, and other Deeds, see Bluebook, Precedents of Trust
Deeds, Board of Education, 1902. By the definition (s. 24)
" deed " is to include any instrument regulating the trusts or
management of the school ; and will, therefore, comprise orders
of court or of the Charity Commissioners, and schemes under
the Endowed Schools Acts, or under s. 75 of the Elementary
Education Act, 1870. See Memorandum of Board of Education
on foundation managers, E. A. 1, Appendix A.

54 Summary of Education Act, 1902.

provisions of the Act, or (b) insufficient, or (c) in-
applicable for the purpose, or (d) there is no trust
deed available (s. 11 (1)), application must be made
to the Board for an order (.v).

For three months after the passing of the Act, i.e.,
till March 18th, 1903, only the owners, or trustees, or
managers of the school may apply to the Board ; after
that period the local education authority or anyone
interested in the management may do so. When made
the order will, so far as necessary, modify or override
the deed, but in providing for this appointment of
managers the Board are so far as possible to
maintain the principles on which the school has
been conducted in the past (s. 11 (4) ). Notice of
the application and of the proposed final order must be
given by the Board to the local education authority,
to the owners, trustees, and managers, and other persons
whom the Board may consider interested, and no final
order is to be made for six weeks after the notice.
The draft order must lie on the table of both Houses
for thirty days, and may be objected to within that
time. If either House during the thirty days resolves
the draft shall not be proceeded with, no further pro-
ceeding may be taken with that draft order (s. 11 (8) ) ;

(x) See form of interim order for appointment of managers now
Issued by the Board, E. A. Order (Provisional) 1, Appendix A.
There is nothing' to prevent private owners of schools which
have never had a deed executing one before the Act comes
into operation ; but if schools are not privately owned, and so
far as the appoinrment of foundation managers goes, the Board of
Education discourage new deeds. See Memorandum of Board,
E, A. 1, Appendix A,, clause 10. As to the power of existing
managers of schools which have no deed, but which are admittedly
held on implied trusts for school purposes, to make a deed
declaring those implied trusts, see notes to s. 11. As to privately-
owned schools, see below, p. 91, and Memorandum of the Board,
E. A. 13, Appendix A.

Appointment of Managers. 55

but tlie Board hold that this provision as to parlia-
mentary notice only applies to revoking or amending
orders, and not to original orders. See for discussion
of the point the notes to s. 11 below. The Board has
issued to the existing managers of voluntary schools
a memorandum on the subject (E. A., 1), and a form
of application (E. A., 2). (See Appendix A.) This
latter is to be filled up by the existing owners or
manao^ers and returned to the Board of Education.
Full particulars of the school are to be given, and the
existing authorities are to suggest the form of order
they would like with regard to the election of future
foundation managers. Special attention is given in the
memorandum to the cases where there is a single owner
of a voluntary school, and no trust deed or managers
exist (para. 14). The Board has also issued a memo-
randum on this point (E. A. 13, Appendix A.), and see
below% Transition Period. The Board of Education state
clearly that to shut up trust premises held for educational
purposes is a breach of trust (jj) (E. A. 1, para. 4).
This statement, however, requires some explanation.
See below, Suggestions on Transition Period.

Powers of managers. — These are largely dealt with
in Sched. I. B. Managers may choose their own
chairman, unless there is an ex officio one, and regulate
their own proceedings, subject, in the case of provided
schools, to any direction of the local education authority.

{y) Such a trust being a public charitable one an action could
only be commenced with the consent of the Attorney-General
{Strickland v. Weldon (1885), 28 Ch. D., at p. 430), or of the
Charity Commissioners, and now of the Board of Education,
unless the foundation providing the school is part of a larger
charity (Charitable Trusts Act, 1853, s. 17). But in any case the
Attorney-General must be a party (Strickland v. Weldon above).

56 Summary of Education Act, 1902.

Their proceedings are valid, though there is a vacancy in
their numbers. They are to meet at least every three
months. Minutes must be kept ; but they are not
made a body corporate, and no power is given to
employ officials or incur any expense save such as the
local education authority may sanction. In provided
schools managers' powers of management will be
such as the local education authority may allow
(Sched. I. B. (4) ). Managers are given no power
to act through committees.

The powers of managers in non-provided schools.—

In addition to the above general rules, the powers of
managers of non-provided schools are more fully
defined by the Act ; they are to be the managers not
only for the purposes of the Elementary Education
Acts, 1870 to 1900, and the 1902 Act, but also for the
purposes of the trust deed, so far as secular education
goes (s. 11 (6) ).

The local education authority is to maintain the
schools and have the control of all expenditure save
that for which the managers are to provide, but on
terms of which the following are the chief : in secular
instruction the local education authority is supreme, or
its education committee, and the managers must carry
out its directions ; it will regulate the number and
qualifications of teachers, and can insist on a teacher's
dismissal, if educationally inefficient (s. 7 (1) (a)). The
local education authority may inspect the schools, and
may veto the appointment and dismissal of a?i?/ teacher
though only on educational (i.e., secular educational)
grounds : the grounds, therefore, will have to be stated
(s. 7 (1) (b), (c) ). The local education authority also

Appointment of Managers. 57

shall appoint the pupil teachers if there are more
applicants than vacancies, and in such appointments
that authority need not consider whether the pupil
teacher appointed is competent to give the religious
instruction required by the denomination (s. 7 (5)). If
the proper directions of the local authority are dis-
obeyed it can carry out its own directions acting as
managers. If there is no suitable accommodation in
any provided schools, the authority may require the use
of the non-provided school for any educational purpose
three nights a week. On the other hand, the managers
are to have all powers of management required by the
Act other than those given to the local education
authority (s. 7 (7)), and, subject thereto, appoint and
dismiss the teachers, that is, they appoint the head
teacher always, though the authority or its committee
may veto his appointment if he be inefficient education-
ally ; and they appoint assistant teachers ; and pupil
teachers if there is no competition, but not otherwise
(s. 7 (5) ) ; if there is competition the authority must
appoint the pupil teachers. The managers can dismiss
any teacher without appeal on religious grounds, save,
apparently, pupil teachers appointed by the local educa-
tion authority ; they may also dismiss on educational
grounds, but subject in this case to the consent of the
authority or its committee (s. 7 (1) (c)). The authority
or its committee has concurrent power of dismissing any
teacher on educational grounds, and without any consent
of the managers. The managers control the religious
education, and no directions given by the authority are
to interfere with reasonable facilities for religious in-
struction ; this must accord in character with the
provisions of the trust deed, if there is one, and if that

58 Summary of Education Act, 1902.

deed allows an appeal to the bishop, or superior denomi-
national authority, to decide questions as to whether the
character of the teacher is in accordance with the deed,
that provision remains. But in all other respects the
control of the managers is supreme. Subject to the
conscience clause (Elementary Education Act, 1870
(c. 75), s. 7, unrepealed), they direct the times and
manner of the religious instruction and who is to
give it ; this entails the power to exclude the
denominational minister even in the face of the provi-
sions of a trust deed. The managers (the whole body,
that is, and not only the foundation managers) must
provide a school-house, keep it in proper repair, and
make any improvements " reasonably required " by
the local education authority, the Board of Education
deciding any dispute as to what is or is not " reason-
ably required " (s. 7 (3)). The managers may charge
the local education authority rent for the teacher's
dwelling-house, though not for the school (s. 7 (1) (d) ).

Fair wear and tear. — As to the buildings, such
damage as the local education authority consider to he
due to this cause, in the use of any room in the school
as a public elementary school (?.^., during the day
and not including the three evenings a week used for
education (s. 22 (1) ) ) is to be paid for by that
authority (s. 7 (1) (d)). Other wear and tear of buildings
the managers must make good. Disputes may often arise
under this provision, but the local education authority
are the final judges ; they are only liable to make good
lohat they consider to be due to fair wear and tear.
In all other disputes under this section the Board of
Education is to be a court of appeal (s. 7 (3) ) {z).

(2) See notes to s. 7, for what is " Wear and Tear."

Appointment of Managers. r»9

The furniture of the school clearly cannot be removed
after school hours are over, and the managers are not
forbidden to make use of it, e.g.^ for a Sunday school or
an evening entertainment during one of the three free
evenings ; nor are they liable for wear and tear of
furniture ; but for actual damage other than fair wear
and tear, such as wilful breaking of desks arising during
their use out of school hours, they are responsible.
The local education authority are similarly liable for
any wilful damage other than fair wear and tear done
to the furniture when they are using the premises out
of school hours, e.g.^ in the three educational evenings
(s. 7(2)) (a).

Y. — Provision of New Schools.

The clauses in the Elementary Education Act of 1870
dealing with the provision of new schools, and the control
of the Department over school boards, which neglect to
supply sufficient school accommodation and are in default
(ss. 5, 6, and 8 — 13) are repealed. The new Act assumes
that generally either the local education authority or the
managers of neighbouring non-provided schools will be
eager to come forward, where there is a new school
wanted. If either of them, or, indeed, any persons,
propose to provide a new public elementary school
they must give notice, and the neighbouring managers,
or the authority, or any ten ratepayers may, within
three months of the notice, appeal to the Board of

(a) This was Dr. Macnamara's amendment See Hansard,
vol. cxiii., p. 1162. If during those three evenings an evening
school under the regulations of the Board of Education is carried
on, then in the authority boroughs and districts the authority
for the evening schools will be the county council, not the
councils of the authority boroughs or sanitary districts (s. 22 (i)).

€0 Summary of Education Act, 1902.

Education to say the school is unnecessary on the
ground that there is sufficient accommodation in neigh-
bouring schools ; and the Board shall decide whether
the new school is necessary or not, having regard to
the interests of secular instruction, the wishes of the
parents, and economy of the rates. Any transfer of a
denominational school to the authority is for this pur-
pose to be considered as the provision of a new school ;
but if a school, already recognised as a public elementary
school, has thirty scholars the Board are not entitled to
hold it "unnecessary " (ss. 8, 9).

If, however, there is insufficient accommodation, and
neither managers nor local education authority proceed
to supply the need, the Board of Education may make
an order compelling the local education authority to
supply it, and, if necessary, may enforce the order by
going to the court for a mandamus^ but the Board must
first hold a public inquiry (s. 16).

VI. — Endowments.

The discretion of any trustees of school endowments
and the endowments themselves are unaffected by the
Act (s. 13 (1) ) ; but where the income is to go, or
part of it, for the support of a provided public elemen-
tary school, that income must be paid over not to the
managers, but to the local education authority. In
case of dispute the Board shall determine what part of
the income is so applicable. The same rules apply to
the non-provided schools ; but here an apportionment
is necessary, part going to the local education authority
for maintenance, part to the managers for foundation
expenses. If the money so arising is paid to a county
council for a provided school, they are to credit it in

Endowments. 61

aid of the rate levied for the purposes of the Act from
the parishes served by the school ; or it may be paid
to the overseers of those parishes in aid of the poor rate
(s.l3(2))(6).

VII. — Education Committees.

Every council, with powers under the Act, is, with
one exception, to have an education committee con-
stituted in accordance wath a scheme which the council
must submit for approval to the Board of Education (c).
If the council do not procure a scheme within twelve
months, the Board may make a provisional order to the
same eflPect as a scheme (s. 17 (7) ). The exception
is that a council of an authority wdth powers under
Part II. only — for instance, a borough below 10,000
inhabitants, or a sanitary district below 20,000 — with
its penny rate for secondary education, may decide that
a committee is unnecessary, and then they need not
appoint one (s. 17 (1) ),

The council must always itself decide two things — tlie
raising of rates and the horrowing of money ; all other
matters are to " stand referred " to the committee,
whose report the council are always to receive before
taking action, save in cases of urgency. Further, the
council may delegate all or any of their powders outright
to the committee, save the two questions of raising
rates and loans — may surrender, that is, full powers of
control, management, and sanctioning expenditure of
money raised.

In approving a scheme the Board of Education have

(6) See Memorandum of the Board and form of application for
advice, E. A. 708, Appendix A.

62 Summary of Education Act, 1902.

to see to the following points : a majority of the
education committee must be apj^ointed by the council,
and must usually be members of the council ; but
in a county the council may determine otherwise
(s. 17 (3) (a)). Subject to the council's appointing
a majority, it has power, though it is not com-
pelled, to accept nominations or recommendations by
outside bodies of educational experts and persons with
local knowledge. In the category of outside bodies
the existing associations of voluntary schools created
for the purposes of the 1897 Act, which gave aid
grants to voluntary schools, are expressly mentioned
(s. 17 (3) (b)) {d). Women must, and members of
existing school boards, if desirable, may, be included.
Holding an office of profit under, or having any interest
in a contract with, the council is a disqualification for
the education committee, but this does not extend to
the exclusion of a master or other officer in a school
aided, or even maintained by the council, whether a
provided school or not (s. 23 (7) ) (e). Where county

{d) For a list of voluntary associations, see Appendix E. ; and
see Circular 472 of Board, Appendix A.

(e) There is some misapprehension as to the position of
teachers in this section (17) of the Act. They are not mentioned
in s. 17 (3) at all, not even as persons to be put on the committee,
"if desirable." They are only, \)y s. 17(4), relieved of common
law penalties for sitting on the committee. In other words their
presence on the committee is 'permitted^ not required by the Act, and
they can only come on to the committee by means of s. 17 (3)(b).
If the committee has all powers delegated to it, i.e., becomes the
absolute TdXe-spending authority, it is desirable that no paid
servant sit on the committee. The services of such persons can
and should be secured in an advisory capacity by each county
constituting a consultative committee similar to that created
under s. 4 of the Board of Education Act, 1900, for the purpose
of advising on purely professional matters ; it should be com-
posed of teachers and others, as stated below. This committee

Education Committees. 63

councillors sit for a division lying in an authority
borough, or district, they are disqualified from voting
in the council on any matters relating to elementary
education (s. 23 (3) ). This is believed to be a financial
disqualification, for it relates only to " questions arising
before the county councils," i.e., rates and loans. If
this be correct, such councillors have full powers to act
and vote on committees. In counties^ committees may
be constituted for portions of the area ; and in the case
of all the local education authorities joint committees
may be formed. In the case of such a joint committee
for a whole area, it is sufficient if the councils together
appoint a majority (s. 17 (5) ). The Board must give
publicity to the scheme so as to allow opportunity for
objections before it is approved.

might meet twice or four times a year, or as the Education
Committee required, and advise on questions of text books,
syllabuses, time tables, curricula, scholarship subjects, and
general schemes of work.

It would probably be necessary to pay the travelling and out
of pocket expenses of such committee, and possibly in addition
a fee of one guinea a day.

The following scheme is suggested :

(a) Teachers in elementary schools :

From rural districts — male (head and

assistant) 2

,, ,, female „ 2

urban „ male „ 2

,, ,, female „ 2

(b) Teachers in secondary schools :

From boys' schools - - „ ^j^™ lst^G^ad._

,, .girls' „ - - „ 2

Elementary school inspector - ,, 1

„ ,, sub-inspector „ 1

Secondary school inspector - ,, 1

(d) Representatives of the University College 2

(e) Representative of art schools - - 1

(f) „ „ technical teachers - - 1

64 Summary of Education Act, 1902.

In Wales, Monmouth, and Newport the education
committee of any county or county borough takes
the place of the county governing body, consti-
tuted under the Welsh Intermediate Education Act,
1889. Schedule I. A. provides that education com-
mittees may make their own rules of procedure as
to quorum, place of meeting, etc., subject to any
directions from their council. The chairman has a
second or casting vote. A vacancy in the numbers
does not invalidate proceedings. Minutes are to be
kept. Unlike the managers, the education committees
may appoint sub-committees, and may include in any
sub-committee persons not members of their own body.

It is important to notice that under Sched. II., s. 15,
the councils of the future local education authorities
can at once, before the Act comes into force, proceed
to get any information they may reasonably require
from managers of public elementary schools, whether
provided or not, and from school attendance com-
mittees, so as to be well forward in calculating their
future liabilities.

yill. — General Provisions.

Delegation and surrender of powers (s. 20). — As
already mentioned, any "council (/) having powers
under" the Act may make arrangements with the
council of any county, borough, district or parish for
the delegation to the latter of any of the former's
powers of management ; while the authority (Part III.)
boroughs or districts may, with the approval of the
Board of Education, surrender their powers over

(/) That is, the four local education authorities, and also
borouglis and sanitary districts with a poj)ulation below 10,000 and
20,000 to the extent of the Id. rate respectively, but not managers.

General Provisions. 65

elementarj education to the county council into whose
area they will then fall, and will themselves cease to
be local education authorities (s. 20 (b) ).

Provisional orders and schemes (s. 21). — The
difference between a provisional order and a scheme
is that the former requires the consent of Parliament,
while the latter can be made by the Board of Education
alone, and when approved by them is as legally effec-
tive as if incorporated in the Act itself. The Board
may revoke or alter any scheme already made (s. 21 (3) ).
Schemes are required, e.g., for the constitution of the
education committees of the council (s. 17). With
regard to orders for the variation or in substitution of
trust deeds under s. 11 a special provision is made. In
certain cases an order of the Board of Education is
required which is not an ordinary provisional order, for
the positive consent of Parliament is not necessary ;
Parliament is merely given the opportunity to object,
and the draft order must be laid on the table of both
Houses. If within thirty days after the draft either
of a new order or of an order revoking and amending
a former order has been laid upon the table of each
House, either House resolves the draft or any part of it
should not be proceeded with, no further proceedings
can be taken thereon {g). For the Board's form of
interim order appointing managers, see E. A. Order
(Provisional) 1, Appendix A.

Provisional orders are required, e.g., if a local education
authority, under the Education Act, 1902, proceeds to

{g) The view of the Board is that this provision as to tabling
orders before the two Houses of Parliament only applies to an
order revoking, varying or amending another order, and not to
all orders. It is submitted the words do not bear this construc-
tion. See the point discussed in the notes to s. 11 below.

E.A. F

66 Summary of Education Act, 1902.

set in motion the powers of compulsory purchase given
by the Elementary Education Act, 1870 (c. 75), s. 20 ;
or, under the Act of 1902, s. 17, if the council neglect
for twelve months to procure a scheme for an education
committee.

Sections 297 and 298 of the Public Health Act,
1875 (c. 55), are to apply (s. 21 (1)) to provisional
orders under this Act, the Board of Education being
substituted for the Local Government Board. By
the provisions of the Public Health Act no provi-
sional order is to be made unless public notice of
the purport of the proposed order has been given for
two weeks previously in a local newspaper. Objections
are to be considered and, if necessary, a public inquiry
held. Parliamentary assent is necessary, and an order
once made may be revoked by a similar order made in
the same way. If a petition be presented to Parliament
against any order contained in a confirmatory Bill, the
Bill may be referred to a Select Committee and the
petitioner may appear against the Bill as if it were a
private Bill (A). The Board of Education may allow
reasonable costs of the authority with regard to the
provisional order and preliminary inquiry (s. 298 of
Public Health Act, 1875).

The Mortmain and Charitable Uses Act of 1888, and
so much of the Mortmain and Charitable Uses Act of
1891 as requires land assured by will to be sold within
a year of a testator's death, are not to apply to the
assurance of any land for the purpose of a school-house
for an elementary school (s. 23 (5) ). The Board of

(h) There was no similar provision in the Elementary
Education Act, 1870 (g. 75), s. 20.

General Provisions. 67

Education may hold an inquiry for the exercise of
any of their powers under the Act, and s. 73 of the
Elementary Education Act, 1870, is to apply (see
above, p. 20).

The Act does not extend to Scotland or Ireland, nor,
save as expressly provided, to London. The Act comes
into operation, except as expressly provided, on the
APPOINTED DAY (i), which is March 26th, 1903 (the
beginning of the Government financial year), or such
other date within eighteen months as the Board may
appoint (s. 27 (2) ). Different days may be appointed
for different purposes, and for different provisions of
the Act, and for different councils. The periods during
which local authorities may authorise school boards to
carry on continuation schools and evening classes as
provided by the Education Act, 1901 (c. 11), and
renewed by the Education Act, J 901 (Renew^al) Act,
1902 (c. 19), shall continue till the appointed day,
and in London till March 26th, 1904.

IX. — Temporary Provisions as to Transfer of
Property.

Schedule II. contains a series of provisions dealing
with transfers of property from the old to the new
authorities. The property, powers, rights, and liabilities
(whether arising under a local Act, or a trust deed,
or otherwise), of school boards and school attendance
committees shall be transferred to the council exercising
the powers of the school board. And if that council
be an authority, borough or district which surrenders
its Part III. powers to the county council, all the

(i) See the Board's Circular, No. 474, Appendix A.

6S Summary of Education Act, 1902.

property, powers, rights, and licabilities of the school
board or attendance committee will go over to the
county council (Sched. II. (1) and (2) ).

No further election of members of school boards can
now be held, and members now in office shall continue
in office till " the appointed day," the Board of Educa-
tion having powfir to make any order necessary for
carrying this provision into effect (Sched. II. (10) ) {k).

As to non-provided schools the local education
authority are to be entitled to the use after the appointed
day of the furniture, apparatus, etc., in use in the
school up to that time, but the property therein will
remain in the managers (Sched. II. (14) ).

School boards and school attendance committees are
to furnish the future local education authority during
the interim period with any information the latter may
desire (Sched. II. (15) ). The officers o£ any authority
whose property, rights, and liabilities are transferred to
any council shall themselves be transferred, and become
the officers of that council ; the council may, however,
abolish their office, subject to such compensation as
may be payable in accordance with s. 120 of the
Local Government Act, 1888, which is incorporated
Sched. II. (21) ).

X. — Modification of Acts and Repeals.

Schedules III. and IV. contain provisions modifying
or repealing the whole or portions of earlier Education
Acts, especially the Elementary Education Act, 1870

{h) See Circular of Board of Education, Times, January 6tli,
1903. For casual vacancies, Sclied. III. of the Elementary
Education Act, 1876, is to be resorted to.

Modification of Acts and Repeals. 69

(c. 75), large portions of which are repealed, and the
Technical Education Acts, 1889 and 1891, which are
repealed in toto.

XI. — The Financial and Rating Provisions (Z).

The magnitude of the reform in the finance of
education which the Act will effect has not, as yet,
been sufficiently appreciated. As regards higher
education, the greater part of the country escapes at
present any contribution from the rates, while, in some
parts even the fund applicable to such education, viz.,
the local taxation grant, goes in relief of the rates.
The Act definitely prevents any such relief of the rates,
and implicitly, owing to the point at which it has
(with the Cockerton judgment) fixed the dividing line
between higher and elementary education, makes it
impossible for any authority to avoid levying a rate
under Part II. as well as Part III. The customs and
excise grant is practically pledged to the support of one
side of secondary education proper. The literary and
humanistic side will soon make its claims heard. But it
is the education on the border line which will demand
immediate support. Pupil teacher centres and other
institutions for training teachers must go on, and by
s. 22 (3) this is made a charge on the rate under Part II.
There is urgent need for further training colleges, and
combinations of authorities must soon be formed to
provide them. Evening schools, again, by s. 22 (1)
are definitely ruled out from the Part III. rate, even
if the education given in them is elementary. In the
counties these schools have hitherto been supported by

(Z) See generally hereon, Circular 470 of the Board as to
powers and duties of a county council, Appendix A.

70 Summary of Education Act^ 1902.

the councils out of tlie local taxation grant, but in the
boroughs with school boards they have been almost
wholly left to the elementary rate ; now they must fall
into their proper place, and come upon the higher
education rate. The same thing applies to higher grade
board schools ; these cannot be given up or left derelict,
so must be supported in the same way.

Now, as regards the support obtainable for such
education from the rates, there is no departure from
the general principles of the Technical Instruction
Acts, 1889 and 1891. The amount of the possible rate
is, however, increased. The county borough councils
have now an unlimited rate. The councils of the
counties have a 2d. rate (capable of increase with the
consent of the Local Government Board to any extent)
leviable over the whole of their areas, including any
part of that area separately rated or rateable by
its own urban authority. Every borough and urban
council (whether or not a Part III. authority) has the
power of raising a rate of Id. in its area, whether also
rated by the county council or not. The county and
county borough councils retain in their hands the whole
of the local taxation grant, and have continued to them
the powers of the Technical Instruction Act, 1891, of
carrying over for a like purpose any unexpended
balance of the annual grant ; they must, however,
though not necessarily in the year of its receipt, spend
the whole of this grant on higher education. Presum-
ably with this grant will go, as at present (and as
advised by the Royal Commission), the allocation of
all money paid by the Board of Education, South
Kensington, in respect of day or evening schools or
classes. Further, the county councils retain the

Financial and Rating Provisions. 71

differential rating powers conferred by the Technical
Instruction Act, 1889. By s. 18 (1) (a) the area
specially served by any school or college may be called
upon to pay a higher rate than the rest of the county ;
it will be noted that for the building of a higher school
there is no limit of three-fourths fixed as the rate
leviable solely on the parishes benefited, as in the case
of an elementary school. There is no limit as to the
amount which may be horroiued on the security of the
rate for the purposes o£ the Act, other than that
involved in the discretion of the Local Government
Board.

As regards elementary education, for the first time
the whole of the population is placed upon the same
footing as regards payment of rates. Hitherto, out of
a population outside London of about 28,000,000, more
than 9,000,000 have escaped paying any school board
rates. It is generally forgotten, however, that the
whole population has always paid small rates for school
attendance purposes.

By this Act the local authority everywhere has to
maintain and keep efficient all elementary schools.
This means that such authority, first of all, takes all
grants earned by each school, and so far as these are
not sufficient for maintenance, supplies the deficiency
by means of a general rate over all its area. All autho-
rities naturally have unlimited rating powers.

Every county and county borough council is an
authority for this purpose of the Act, but councils of
boroughs with populations of over 10,000, and councils
of urban districts with populations of over 20,000 have
separate (not concurrent) powers of rating. Thus, if

72 Summary of Education Act, 1902.

they elect to rate themselves, the county council can
raise no Part III. rate in their areas. If they choose,
however, they may either combine for a term of years
in a joint committee (s. 17 (5) ) with the county
council, settling by agreement the proportion of rates
to be paid ; or (s. 20 (b) ) they may abandon their rating
powers for good to the county council, and thus become
part of the county area for all purposes. Without
relinquishing the rating powers, any council can
arrange with another council to take over the manage-
ment (but not control) of any of its institutions ; this is
obviously intended mainly for the delegation of minor
powers by a county council (s. 20 (a) ).

Once an authority has decided on exercising its
Part III. powers, it must settle the basis of main-
tenance. Various fancy bases have been suggested by
interested parties. The cost per child in voluntary
schools outside London, is stated to be £2 65. IJf?.,
but in board schools, £2 15^. 0\d. ; the latter
figure, it is assumed, is the lowest which spells
efficiency; therefore, every authority should at once
estimate its expenditure at this figure. Others go
farther, and suggest a levelling up to the figure of the
London School Board. It is, however, notorious that
some of the most efficient school boards have a main-
tenance rate lower than those in the opposite category,
while enlargement of area and concentration of admini-
stration should result in very large saving. Hence,
the only way to go to work in a practical manner, is to
estimate for the first year either on the basis of maintain-
ing the absolute status quo, and simply giving to each
school so much from the rates as will compensate for the
loss of subscriptions, and other contingent losses under

Financial and Rating Pko visions. 73

the Act ; or perhaps better, of maintaining the average
status quo, and allocating for each scholar the average
amount now spent, considering board and voluntary-
schools together. This being done, the total main-
tenance expenditure in the area affected can be
estimated.

From this is deducted —

(1) Parliamentary grants on all children (Arts. 98

to 135).

(2) Fee grant (10s. a head).

(3) New grant (45. a head) (s. 10).

(4) New grant (variable) (s. 10).

(5) Agricultural rating grant (a fixed sum).

(6) Proportion of school fees (s. 14).

(7) Proportion of endowments (s. 13).

(8) Letting of schoolrooms, sale of books, etc.

As regards number (4), this is an equitable provision
whereby a rich suburban or factory-built district with few
elementary school children in it loses part of its grant
for the advantage of poorer and more crowded localities.
By s. 10 (1) (b) it is necessary to compute the total sum
.x which is produced in the area by a 1^. rate ; also the
total sum r/ which would be produced in that area by
a IO5. grant per scholar. Subtract .v from y, reduce
the difference to the number of 2^.'s, i.e., multiply the
number of £'s by 120. Then the figure so obtained,
considered in terms of 1^*^., gives the variable grant
per scholar in the area.

74 Summary of Education Act, 1902.

A practical instance is given.

Reigate. — 2,760 scholars in average attendance ; Id.
rate produces £872 ISs. M. x, or 6s. ^d. a
scholar. A IO5. grant per scholar = £1,380 y.
y - X = £507 \s. 8d., or 22 x 2d. per scholar
.*. 22 X l^d. per scholar (25. 9d.) is the new
variable grant producing £379 IO5.

There is a liability to a further reduction or " docking "
of this grant, but it need not be discussed here.

As regards items (6) and (7), the local authority has,
by s. 14, the option of abolishing fees or of sharing them
with managers. In most counties the total amount is not
worth consideration. In Leicestershire out of a total in-
come required for maintenance of nearly £80,000, fees
represent less than £350 ; in Surrey out of £159,000,
fees and book sales represent less than £1,500.

As regards item (7) it is quite impossible to say how
much will come to local authorities and how much to
managers. There is the initial difficulty that many
endowments are of a complex kind, providing for other
charitable purposes besides elementary education. Con-
sequently the endowments will have to be apportioned
as follows : First, the part, if any, payable for purposes
other than the elementary school must be deducted ;
of the remainder, if the trust is for capital purposes,
e.g., for buildings, that will all go to the managers ; if for
maintenance pure and simple within s. 7, then it goes
to the local education authority ; if for the benefit of
the school generally, there must be an apportionment
by the Board (s. 13) (jn).

(m) See, as to endowments and form of application in cases of
difficulty, E. A. 7 and 8, Appendix A.

Financial and Rating Provisions. 75

When the authority has calculated the amount
receivable from all these sources for maintenance
purposes, it is able to estimate the deficit to be made
up from the rates. It is often supposed that the
authority will themselves levy a certain special rate
ear-marked " education " upon individuals. As a
matter of fact this is not so. The overseers, in the
ordinary process of collecting the poor rate, will so
increase the amount on the rate paper as to meet the
precept of the council concerned as regards the parishes
for which they are responsible. Persons desirous of
not paying this rate must refuse to pay all their poor
rate, and it will be the overseers and not the local
authority who will enforce payment. The county
fund, the borough fund (or i£ there is none, a rate
similarly assessed), or in urban districts a rate assessed
as in the Elementary Education Act of 1896, are to
bear the expenses, so that railways and waterworks, for
instance, pay on their whole value.

In calculating the amount of rate required there
must be added to the sum computed as above, i.e.^ the
maintenance deficit —

(1) central administration charges ;

(2) local administration charges (including salaries

of provided-school clerks and attendance
officers) ;

(3) by s. 18 (1) (c) a proportion (J to i) of capital

expenditure or rent for provision or improve-
ment of accommodation ;

(4) by s. 18 (1) (d) a proportion (^ to J) of the

liabilities for loans or rent of transferred
school boards ;

(5) a wear-and-tear fund (s. 7 (1) (d) ).

76 Summary of Education Act, 1902.

It is only when the whole of at least the first four
sources of expenditure are added on and come to a
less rate than M. in the £ that the final proviso of
s. 10 (1) (b) comes in, and the aid grant is reduced by
the sum of a ^d. for every 1^. the rate is below dd. It
is scarcely conceivable that this reduction will ever take
place.

Considering the country as a whole, the average
maintenance rate will be just under 3^., local and
central administration will not average ^d., but the
capital charges will vary precisely as do those of school
boards now.

In due course every local authority will be well
advised to provide a depreciation, or wear-and-tear,
account, in respect either to its whole area or locally
in respect of districts. The general upkeep of the
fabric of provided schools, and the tenants' repairs
of non-provided schools will be paid out of this fund.
Otherwise after, say, three years or so there will be a
serious but temporary rise in the rate. By s. 18 (5) it
is possible to delegate this duty as well as the periodical
payments for maintenance to managers, groups of
managers, or district committees, and the members of
such bodies are duly liable for their expenditure at the
county audit. The most convenient course will pro-
bably be for managers to present an annual estimate
covering all the above items except central administra-
tion and quarterly estimates in accordance therewith,
and to receive in return four lump sum payments per
annum, the final one being paid only on receipt of the
balance sheet.

Tkansition Period. 77

THE TRANSITION PERIOD.

The Interpretation Act, 1889, s. 37, runs as follows :
'^ Where an Act passed after the commencement of this
Act is not to come into operation immediately on
the passing thereof, and confers power to make any
appointment, to make, grant, or issue any instrument,
that is to say, any Order in Council, order, warrant,
scheme, letters patent, rules, regulations, or hyelawSy
to give notices, to prescribe forms, or to do any other
thing for the purposes of the Act, that power may,
unless the contrary intention appears, be exercised at
any time after the passing of the Act, so far as may
be necessary or expedient for the purpose of bringing
the Act into operation at the date of the commence-
ment thereof, subject to this restriction, that any
instrument made under the power shall not, unless
the contrary intention appears in the Act, or the
contrary is necessary for bringing the Act into opera-
tion, come into operation until the Act comes into
operation."

Acts of Parliament like the Education Act, which
involve a succession of operations, one contingent on
the other, can and must have certain parts of their
machinery put in order before it is possible for the final
and conclusive operation, which is the main object of
the Act, to take place " on the appointed day " (n) ; and
s. 37 above must be borne in mind. In the Education
Act the earliest appointed day is March 26th, 1903, and
on that or a later day the taking over of the " board "
schools into the possession of the education authorities,
and the rate-aiding of the *' voluntary " schools are

(n) See Circular 474 of the Board as to when the appointed
day is to take effect, Appendix A.

78 Transition Period.

ihe essential operations. But it is impossible for this
to be done under circumstances of effective control
unless certain preparations which involve putting parts
of the Act into operation have been made before-
hand. In order to meet the difficulties which various
authorities may encounter in this preliminary work,
the appointed day may be put off for eighteen months
without the local authority being declared in default
under s. 16, which would result in the coercive powers
of the Board of Education being brought into play.
This later date is in no sense an invitation to delay.

It may be assumed that every county authority which
has powers under Part II. is fully acquainted with
the needs of its area as regards higher education
generally. In the report of the Royal Commission
of 1895 there is ample information on this point, and
the South Kensington inspectors can bring this up to
date. The administration of technical education has
practically involved acquaintance with all higher
education. There are exceptions, however. The higher
grade schools of the school boards, and pupil teachers'
oentres or other means for training pupil teachers are
now classed as higher education. The officials of the
councils should obtain at once from the Board particulars
of the work thus carried on. Many pupil teachers'
centres are carried on by sub-committees of diocesan
bodies, and full information as to their work can be
obtained from the secretaries to the aid grant associa-
tions (o). As all the work on the border lines between
higher and elementary education and questions relating
to the training of teachers present the most difficult

(o) For list of these associations, see Appendix E. See also
Circular 472 of the Board, Appendix A.

Transition Period. 79

problems of the future, personal visits on the part of
county officials will be necessary at once. The " con-
current penny" boroughs and urban districts need not
trouble themseh-es in this matter, as financial reasons
will make it necessary for them to co-operate with the
major authorities.

As regards Part III., detailed inquiries into the con-
dition of every elementary school in their areas should
be set on foot at once by the authorities. Many counties,
even before the Bill was passed, took this step, and
received full and valuable information, but given as a
matter of courtesy only. Now^ by Schedule II. (15)
managers and school attendance committees must furnish
to their local authority presumptive " such information
as that council may reasonably require." A schedule of
questions, based somewhat on Form 9 (B) of the Board,
and somewhat on the annual requisition form of the
aid grant associations, should be issued to every corre-
spondent and school board clerk. Elaborate detail is
not wanted now, but rather material for a general
survey of the field. Some of the main questions to be
asked relate to the tenure of the school buildings, the
qualifications of teachers, the relations between the
accommodation and average attendance, and the income
and expenditure for the past year. It is important, as
regards expenditure, to so frame the questions as to
receive separate figures relating to " local authority "
purposes such as salaries, books, apparatus, etc. ; and
" managers' " purposes such as alterations and improve-
ments of the buildings ; it will, however, be quite
futile to try and get any separate figures relating to
" fair wear and tear " (s. 7 (1) (d) ). The best insight
into the actual state of a school will be obtained by
securing a statement as to the expenditure of the

80 Transition Period.

special aid grant during the past three years. As
regards board schools, full details o£ loans should be
required, and the administrative expenses should be
analysed to show salaries separately. It is not so
important to obtain at once details of the work of
school attendance committees. The cost, even, is
no guide for the future. Dozens of officers giving
odds and ends of their time each to some petty
district must cost very much more in salaries, and in
the contingent expenses (prosecutions, etc.), than would
a limited number of whole-time officials of knowledge
and discretion, each serving a considerable area. As
all the policy in such matters will have to be drastically
altered, it is as well to leave the new committee to
inquire into everything, except the actual gross
expenditure and the salaries of officers (p).

A return of quite a different kind should be ready
for the new committee when it comes into office. This
relates to persons suitable to be appointed managers
in provided and non-provided schools respectively.
Immediately the schools are taken over on the
appointed day, and the old managers go out of office,
new ones must be ready to take their place. The new
committee may or may not delegate the whole of the
appointment of managers (s. 20 (a) ) to every borough,
district, or parish council in the area ; in the larger
counties this will almost certainly be the case. But
under either circumstance some public body will require
a return of fit persons. As regards provided schools,
especially in the larger districts, it will be wise policy
to keep in office the best o£ the members of the late
school boards.

(|j) See Circular 477 of the Board as to payment of grants
before the appointed day, Appendix A.

Transition Period. 81

The Act in operation. — The first step taken
generally by the local education authorities has been to
appoint expert officers. The usual staff appointed has
consisted of a secretary or director, with at least two,
or in some cases, three, educational assistants, and a
further principal lieutenant to take charge of finance.
The larger counties equipped with such a staff have
naturally delegated all possible powers to their com-
mittees. In the smaller counties and county boroughs,
however, the clerk of the council has been practically
made the head of the Education Department. For the
superior posts a number of officials of both branches of
the Board of Education have been transferred to the
local authorities.

The next step has been the organisation of sub-
committees for various purposes. Generally, it has
been found that the following sub-division is sufficient :

1. A finance sub-committee, dealing often also

with legal, parliamentary and other general
purposes.

2. A higher sub-committee, occasionally split into

three parts for agricultural, secondary day
school, and evening class purposes. In a few
counties these three matters are dealt with by
co-ordinate sub-committees ; and in two cases
there is a separate county education committee
for agricultural matters ; it is doubtful policy
thus to emphasize the general " aloofness " of
the agricultural mind from general education.

3. An elementary sub-committee dealing with all

matters under Part III. of the Act with the
possible exception of school attendance.
School attendance has occupied a great deal of the

E.A. O

82 Transition Period.

attention of the local authorities during the past four
months. They have found that, except in a few
compact urban areas, the whole matter is in a very
unsatisfactory state. The county revenue loses often
thousands a year under this head. In most counties,
the elementary sub-committee is finding it impossible
to keep in touch with the whole area, and to supervise
and direct prosecutions in remote districts (q). Two
methods of meeting the difficulty have been adopted.
In certain cases the county has, like the borough,
appointed a separate school attendance committee,
containing certain members of the authority ; and the
body has had power to split itself up into executive
district sub-committees. This system has the disad-
vantage of practically removing the ultimate control
over this important matter from the authority. A
better system is for the county committee to split itself
up geographically, either by parliamentary divisions,
poor law unions, or petty sessional divisions, and for
the members in each such geographical division to
^' add to their number " sufficient suitable persons to
form a representative local body in touch with all the
attendance officers. Such local committees can safely
be trusted with large executive powers, and given the
control of all the attendance officers in their areas ;
they would report quarterly to the authority.

As to the attendance officers themselves, only in one
or two cases has the policy been adopted of determining
their offices wholesale, for abolitions of offices are

(q) It has to be borne in mind that the education authority is
itself responsible for school attendance, and no prosecution can
take place except through a committee (or at least on the authority
of two members of a committee) composed wholly or partly of
membei's of the authority. Hence, no delegation of powers to
school managing bodies or boards of managers irrespective of their
composition is possible.

Transition Period. 83

expensive ; but to secure effective supervision the
divisional, or geographical committees have been sup-
plied with directors or superintendents of school
attendance officers. These superintendents act as
clerks, secretaries, and treasurers of the geographical
committees, and report quarterly through them to the
authority as to how the work is performed in their
areas. By such a policy the central office is relieved
from all its work, and a general uniform standard of
efficient attendance is established over a wide area of
the county.

Higher education under the Act. — The sub-commit-
tees appointed to deal with this part of the Act find
their positions very different in different counties. A
not inconsiderable number of important counties have,
under the Technical Instruction Acts, built, enlarged,
and equipped secondary schools and founded a complete
system of scholarships. In these cases the new body
has simply to continue the same policy, and the call
upon the Part II. rate need not be very high. In
other cases, however, where the term " technical " has
been taken in its narrowest sense, the new authority
has no knowledge even of the needs of its ai:ea in re-
spect of secondary education proper (r) . Nobody knows
how far the very large extension of non-local boarding
schools founded in recent years by religious corpora-
tions or joint stock companies has relieved the pressure

{r) No commission or expert has taken into account the extensions
of elementary (day or evening class) education into what was
formerly a field dedicated to secondary education. Nobody knows
how far private schools purporting to be secondary really give no
education beyond that of the standards, but from figures laid
before the Royal Commission and statistics collected by Mr. Sadler
in his celebrated return, it is safe to say that three-quarters of
the private secondary' education is not up to the standard of a
good board school.

G 2

84 Transition Period.

on the local secondary supply. Local authorities will
be wise to pay no attention to first grade schools,
especially boarding schools. These cater for a class
that can afford to pay for its own education, and to be
successful must be largely non-local. It is second
grade and third grade day schools which the localities
require. Experience has shown that a fairly safe basis
for the provision of second grade public education is
that any town of 20,000 inhabitants living within a
three-mile radius requires a second grade boys' school
with accommodation for 200, and a similar girls' school
with accommodation for 150.

Such a provision will not hamper private effort, and
will not, except perhaps for a few children at the top
of each school, touch first grade education. As to
scholarships leading to such secondary schools from the
elementary schools, the supply at present in many areas
equals the legitimate demand, and in some, especially
in London, exceeds it (s). But the principal work of
immediate urgency in higher education has been the
reorganisation of the pupil teachers' system. The
training of pupil teachers having been up to* the time
of the Cockerton judgment considered as part of ele-
mentary education, the technical education authorities
very rarely got into close touch with them (t). The

(s) It is doubtful if at present scholarships, giving a full secondary
(not merely technical, trade, or manual) education, up to the age of
sixteen or over, can usefully be awarded to more than one child
per 1,000 in the elementary schools. Of course for a much larger
number, one or two years' continuation education is required and
in most places provided.

(t) It is true that in some of the principal counties, the county
councils provided in their institutes drawing and physiography
classes open to the pupils in the various pupil teachers' centres,
and thus did a most useful work ; while in three counties certain
grants, with questionable legality, were actually made towards
the general centre expenses. But on the whole, this work was
considered to fall within the sphere of influence of the school

Transition Period. 85

centres themselves, except in large towns, were either
carried on durino; one or two evenino-s a week and on
Saturdays, or else for a few hours daily and on Satur-
days for a half day. Such a truncated system could
not be allowed to continue, but yet for the present
generation of pupil teachers it had to be kept alive.
Hence the principal counties have taken over the
centres, while expert teachers for special subjects have
been added to their staff, and wherever possible the
evening classes have been turned into day centres (u).

Elementary Education. — The first function which the
elementary sub-committees have had to perform has
been the appointment of managers. This has been a
difficult task. In all cases varying interests have had
to be conciliated, and in the rural districts there has
often been found a dearth of persons willing to serve,
and at the same time literate enough to be competent.
Certain general principles (well set out by the Stafford-
shire Education Committee) have generally governed
these appointments. Some counties have put, as far
as possible, members of the education committee on

boards, and (where they would do it) of the Diocesan Aid Grant
Associations, while the majority of pupil teachers in rural voluntary
schools picked up what little information they could during the
odds and ends of the principal teachers' spare (?) time.

(w) But this is, of course, only a makeshift. There is a consensus
of opinion in the leading counties that there must at once be
established a special system of scholarships taking youths and girls
of thirteen years of age, who are capable of being made into
teachers, from the elementary and placing them in the secondary
schools. There the children should for three years join in the
ordinary work and life of the school without doing any teaching.
At sixteen they should be "bound" for two j-ears, and work as
half-timers two or three days a week continuing their studies in a
special class at the secondary school, and teaching in the elementary
school the rest of their time. Naturally the scholarship for the
last two years of this time should be of considerable value. Such
students when entering a training college ought to have passed the
London Matriculation or similar examination, and should all leave
the college with a degree as well as a teaching diploma.

86 Tkansition Period.

managing bodies. In the case of council schoo
former school board members have been generally
re-appointed (v).

As regards denominational questions, where a con-
siderable number of children of different denominations
attend a school, the county manager has been appointed
from the denomination other than that of the schools.

As to structural condition, the council schools,
especially in rural districts, have not been found to
be in the best condition. The voluntary schools have
often been found equally defective, especially in sani-
tary matters and in ventilation, and the county autho-
rities have had to call upon managers to put their
houses in order with fair promptitude (iv).

The staffing of the schools has occupied a great deal
of attention ; in a few cases the committees have had
to act as arbitrators between managers and teachers,
preventing, where they could, any dismissals except
for really serious causes.

In the same connection scales of salaries have been
drawn up with a view to preventing injustice as
between one teacher and another. Every county also
has had to go through the elaborate formalities of the
Act in relation to the taking over or enlarging of
schools and the provision of new schools, (see pp. 110,
111, infra). In most cases managers prefer to con-
centrate their energies on the existing schools, and are

(y) This has led to a little friction in some cases ; these ex-school
board members cannot realise that they have not now the same free
hand to spend their county rate as they formerly had to spend the
local rate, and that now they have to serve two masters, the local
authority as well as the Board of Education,

(iv) Here much misapprehension has arisen as to " wear and tear,"
managers often thinking that this term means something contri-
buted towards current repairs, while the education authorities have
had to hold that a year's experience is necessary before considering
he ir contribution at all.

Transition Period. 87

asking for new schools to be " provided " by the
authority.

Action by voluntary school managers. — And first
they must decide whether they intend to carry on
the school as a public elementary school or not. The
Memorandum o£ the Board of Education (paragraph 4)
is ambiguously worded (ji*), and has been taken
to mean that managers of existing voluntary schools
are always, or in the majority of cases, compellahle to
carry on their schools as public elementary schools.
This is not correct, and can hardly have been intended.
Such compulsion can only arise (a) under the provisions
of the School Sites Acts, under which most of the sites
for voluntary schools were originally conveyed. But,
as we saw Q/), those Acts only require the education of
poor persons in religious and useful knowledge^ a require-
ment which would appear to be satisfied, if the premises
were used for Sunday schools on Sunday, and for, say,
a working-men's institute during the week : (b) under
the trust deeds. These, it is true, -do often secure the
premises for use "as a school," e.g.^ the National
Society's Conveyance {z) says, ''^for a school for the edu-
cation of children and adults, or children only, of the
labouring, manufacturing, and other poorer classes."
But other purposes besides a school are usually specified
in the deed, e.g.^ " religious and secular instruction of
all kinds," " promotion of any philanthropic, charitable,
or benevolent purpose," etc. {a). If the school premises
were used more or less regularly for these purposes
durino- the week, and for Sundav schools on Sundav,

(.f) Memorandum of December 20tli, 1902. See Appendix A.,
Form E. A. 1, para. 4.

(?/) See above, p. 24. {z) Forms 1 and 3.

(a) See National Society's Conveyance, Form 3.

88 Transition Period.

it is difficult to see how any proceedings, which must
in any case be commenced in the name of the Attorney-
General, or with the consent of the Board, under s. 17
of the Charitable Trusts Act, 1855, the Attorney-
General being a party, could successfully be taken for
breach of trust (Z^.

It is true some of the earlier deeds do actually require
that the premises shall be used as a "p2/?>//c elementary
school,'^ but that is because State aid was given for
their erection on these terms ; in these deeds the
amount of the grant may be returned to the Board of
Education, but if this is done the managers can then
retain the schools, subject to such general uses as
above mentioned, and express provision is made in
the deeds for repayment and release in this way (c).
Assuming that the managers do decide to continue the
use of the premises as a jmhlic elementary school, then
they have three options —

(1) To transfer the school entirely to the local

authority, thus making it a provided school,
subject, of course, if the premises are only
leasehold, to any rent payable to the owner
for the buildings. Possibly in some cases the
owner or owners will also surrender the
property.

(2) To transfer the school to the local authority

on conditions as to user. Here also it becomes
a provided school during the hours for which
it is surrendered, and the managers or trustees

(6) Needless to say, it is not suggested that this is the right
course to take ; it is only necessary to clear up a misconception.

(c) See Blue Book 1902: Precedents of Trust Deeds, ed. 1337 ;
Church of England Deeds, pp. 2, 8 ; Roman Catholic Deed,
p. 19 ; Wesleyan Deed, p. 31 ; British Schools, p. 40.

Transition Period. 89

have only jurisdiction during the hours they
retain for their own use (d).

(3) To continue to maintain it as a non-provided
school.

In both (1) and (2) it is important to remember
that under the conditions of transfer and surrender
now in force (see p. 15 above), and which will remain
in force untouched by the Act of 1902, everything
depends on whether the trust deed of the school does
or does not allow the managers to transfer or let ; if it
does, then a lease can be made, proA-ided it is for not
more than twenty-one years, under s. 19 of the Elemen-
tary Education Act of 1870 (c. 75). The Board of
Education has no voice in the matter, and a proper
rent can legally be paid, or arrangements made as to
religious teaching (e) .

Forms of conveyance of the National Society now
in force allow the trustees, with the consent of the
National Society, to '^ grant or convey for educational
purposes " to any body corporate or person authorised
by law to accept the same " the whole of the estate or
interest hereby vested in them or any smaller interest
in the said school " (/). This would permit of a lease
to the local education authority under s. 19 of the Act of
1870, for which the consent of the Board of Education
would be unnecessary, and a rent could be charged.

{d) See notes to s. 7 l3elow for a plan of sucli a transfer.

(e) Section 29 of the Charitable Trusts Amendment Act,
1855 (c. 124), prevents a lease for more than twenty-one years
without the consent of the Charity Commissioners, or now,
where the charity is purely an educational one, as in the case
of an elementary school trust, without the consent of the Board
of Education.

(/) National Society's Conveyance, Forms now in force (1 and 3).
There is no such power in the National Society's form of convey-
ance, where the incumbent conveys part of the glebe as a school
site.

90 Transition Period.

The Roman Catholic and AVesleyan forms of deed
present more difficulty : they both contain powers of
leasing and sale, but more stringently drawn. Probably,
however, even in these cases, with the proper consents,
arrangements could be made with the local education
authority under s. 19 of the Act of 1870 (g). If
no power of leasing exists in the deed, then any
arrangement made must be carried out under s. 23 of
the Act of 1870, and the consent of the Board will be
necessary. It is presumed the present Board will follow
the tradition of the Department, and, when their consent
is necessary, allow none but a nominal rent {h) and no
conditions as to religious teaching.

In case (3) the question of the trust deed is vital.
Many voluntary schools have no trust deeds, in the case
of other schools they are of a vague and general character,
and in practically all they are inconsistent with the Act.

Assuming that it is decided to carry on the school as
a non-provided public elementary school, a trust deed is
important for two purposes : (a) to secure the character
of the teaching (s. 7 (6)) ; (b) for the appointment of the
four or more foundation managers (s. 11). It is only with
regard to this latter head (appointment of managers) that
the Memorandum and Order of the Board of Education
(E.A. 1 and E.A. Order (Provisional) 1, Appendix A.)
apply; it is only with regard to this piece oi machinery \hait
the Board is to have regard to the principles on which the
school has been conducted, and that the Board in its
memorandum discourages new deeds, and recommends
an order under s. 11 (E.A. 1, para. 10). With regard
to the character of the teaching, it is most important

{(j) See Blue Book : Precedents of Trust Deeds, 1902, pp. 17,
31. The forms of the British and Foreign School Society (p. 39)
and of the Jewish Schools (p. 41) contain no similar provisions.

Qi) Section 23 of the Elementary Education Act, 1870 (c. 75),
says " either at a nominal rent or otherwise.'^

Transition Period. 91

to secure this, when desired, by deed ; i£ a deed exists,
it cannot be altered without going to the Board of
Education for a new scheme (?'), but in many cases
managers have NO deed. If a deed never existed,
and the premises are held by a private owner or owners
as private property, while they allow the managers the
use of the school, the owners can either retain the pro-
perty in their own hands, allowing the managers to use
it as before (when an order will be required from the
Board) ; or, better, can forthwith execute a deed (k).

The number of these schools, still privately owned,
which possess no deeds has proved to be larger than
w\as expected. In many country districts landowners
have put up schools on part of their estate and often
entirely maintained the school, without any legal con-
veyance or declaration of trust. Steps should at once
be taken in such cases before the Act comes into force
to protect the owner's interest. The Board of Education
strongly urge this in the latest memorandum on the
subject (E.A. 13, Appendix A.).

There is nothing to prevent his carrying on the school
as before and merely obtaining an order from the Board
appointing his nominees as managers ; but in that case
there is no safeguard as to the character of the religious
teaching (J).

Assuming a deed or agreement is executed (E.A.

(^) Schools receiving annual Parliamentary grants, i.e., public
elementary schools, were exempt from tlie provisions of the
Endowed Schools Acts ; but by s. 75 of the Elementary Education
Act of 1870 (c. 75), the Education Department (now the Board)
were given power to make new schemes in such cases.

(/j) See Memorandum of the Board, E.A. 1, para. 14 ; and Memo-
randum as to schools held by private owners, E.A. 13, Apj)endix A.

(/) Moreover, it is hardly conceivable that in such a case the
local education authority will give rate aid to maintain and
increase the school, unless the landlord makes some agreement
with them, giving a reasonable prospect of permanence. If there
is nothing but the order of the Board appointing managers, the
private owner could shut the school up at a moment's notice.

92 Transition Period.

13 (2) ), it will serve two objects : (i) to convey the
premises ; (ii) to declare the trusts as to the manage-
ment of the school. (i) The landlord may either
convey in perpetuity or for a long term, with a power
of revocation, if desirable ; or, what is more usual, may
grant a yearly tenancy, terminable at three months'
notice ; in either case the School Sites Act may be
utilized, if the landlord has only a limited interest in the
land (see above, p. 25). The conveyance should not be
to the four foundation managers, as they will change
and the legal estate in either the freehold or the lease-
hold will have to be transferred from the old managers
to the surviving and new managers on each vacancy.
To avoid this difficulty the conveyance may be made to
a corporate body of trustees, such as a diocesan trust,
or to the vicar, or vicar and churchwardens of the parish
(i£ made under the School Sites Act, 1841, for they are
made corporations with perpetual succession by that
Act for this purpose) ; or the conveyance may be made
to two or three private trustees nominated by the
landlord, or even to one only (?«) (E.A. 13, para. 4,
Appendix A.) ; or, finally, the landlord may make a de-

(m) It lias been suggested (Times, February 13tb, Marcb 18tli,
1903), tbat it is dangerous to have a single trustee tenant, even
for a short yearly tenancy, on the ground that if the tenant
die, both the term and the document creating it would be at an
end ; the managers, on the document creating them coming to an
end, would cease to exist, and consequently the school would, in
law, cease too (s. 7 (4) ) ; and when a new lease was granted this
would mean a new school under s. 8. This is, of course, absurd.
A tenancy, eyen from year to year, does not end on the death of
the tenant, but rests in his personal representatives ; the managers
and school would go on under the trust clauses, and the term
could be assigned to a new trustee tenant.

A more difficult case is where a lease, not at a rack-rent and
not under the School Sites Act, has been granted by a life tenant
of settled estates. If he has no power under his settlement to
grant such a lease the lease will end with his life (Settled Land
Act, 1882, s. 7 (2)) ; but even so, it appears the managers and
school would, on the death of the limited owner, go on till the

Transition Period. 93

claratiou that he holds the premises in future iu trust for
a school. Where only a lease is created a deed is not
necessary, a simple ageeement with a 6d. stamp being
sufficient.

(ii) The second, or trust, portion of the deed or
agreement must contain the following : a provision
directing the trustees to allow the use of the premises
as a non-provided school under the Act, or, if thought
desirable, under the wider trusts of the School Sites
Act (see p. 25, above) ; another provision providing for
the appointment of the four foundation managers
usually on the landlord's nomination, and another
securing the character of the religious teaching and the
appeal allowed by s. 7 (6) of the new Act. Power
should also be taken to let to the local education autho-
rity (see p. 15, above) ; the rent should be specified ; the
liabilities of the managers or trustees to repair, and the
rights of the landlord to re-enter for breach of the agree-
ment, stated ; and all minerals, sand or timber on or
under the land should also be reserved to the landlord.

On the other hand, managers or trustees may hold the
premises and carry on the school on implied trusts, it not
being known how the trust was created, but merely that
the premises have always been used as a school. In this
case, again, if the managers or trustees can show any title
to convey into trust, a deed should at once be executed
securing the character of the teaching ; machinery for
appointing foundation managers might at the same

managers were actually ejected by his successor, and s, 8 of the
Education Act would not apply till then. The successor avouM
probably renew the lease, but the point is, that there appears to
be no cessation of the managers and of the school by operation
of law immediately on the life tenant's death. So long as the
managers are in physical possession and control of the premises
it must be under and for the purposes of the deed ; they could
not, on the life tenant's death, use the premises, e.g., for a public-
house, and the school can and must continue.

94 Transition Period.

time be inserted, if not inconsistent with the implied
trusts, so as to avoid going to the Board for an order
under s. 11 (n). Till March 18th, 1903, the managers
or trustees are the only people that can apply to the
Board for an order; after that period the local education
authority may come in and accelerate the movements
of the managers, if necessary (s. 11 (2) ).

In many cases the deed has existed, but been lost.
In the case of lost deeds, their terms may often be
discovered by reference to the Record Office, Chancery
Lane, London, W.G., for all trust deeds of property
conveyed in trust for charitable purposes are required,
since 9 Geo. 2 (1736), c. 36, to be enrolled, under the
Mortmain Act of that date (o), though very many have
not been in fact properly enrolled.

Trust deeds of schools can be seen by application to
the Legal Search Room of the Record Office for charge of
Is. each deed and searchers are at liberty to make copies.

From 1866 onwards the name of the "grantor" is
necessary to trace the deed.

The charge for a certified copy of deeds is 6d. per
folio of 72 words for deeds executed during the reign of
George III. and onwards ; for deeds executed previous
to this the charge is Is. per folio.

The officials in the Legal Search Room are very
courteous in answering inquiries by post gratis, and
in informing applicants whether deeds affecting their
schools exist ; but applicants should always state the
approximate date of the deed and the probable name
of the grantor.

The Memorandum, E. A. 1 (vide Apppendix A.), gives

(n) As to how far managers holding schools on implied trust
can now execute a deed altering or amplifying those trusts, see
notes to s. 11.

(o) And see now Mortmani and Charitable Uses Acts, 1888
and 1891.

Transition Period. 95

general directions for applying for an order under
s. 11 of the Act, and the National Society have issued
instructions as to the kind of order which it is
desirable for Church of England schools to apply for
(Appendix A.). The Board have also issued now the
form of interim order to be made in such cases (E.A.
Order (Provisional) 1, Appendix A.) ; and also form
of final order (see Appendix F.). It may be taken
for granted that the local authority do not want
to be troubled to act in this matter, and manao-ers
should utiHse the three months grace and applv for an
order as rapidly as possible. The managers need not
assume that the authority will want to limit the number of
managers to six, which is certainly too small for practical
purposes. They might informally consult the council as
to its views, but in any case they should keep an option
in the recommendation they send to the Board for a
multiple of six to be assented to. It is also doubtful
if they are wise from their own point of view in giving
a power of election to subscribers of as small a sum
as 2s. 6d., as suggested by the National Society ;
and it might be worth while, in some cases at any rate,
to let IO5. subscribers appoint two managers (out of
six), and the parents one manager, the clergyman beino-
a foundation manager ex ojicio. There is further a
considerable danger that subscribers may now tend to
disappear altogether. Retirement by rotation, which
is easily secured if twelve managers are appointed,
is also very desirable. It will be highly convenient if
schools of the same denomination in one district hold
a conference as to the possibility of grouping themselves
under s. 12 of the Act (p).

{p) For a draft scheme for grouping voluntary schools under
s. 12, see Appendix C. and s. 12.

( 96 )

SECTION III.
EDUCATION ACT, 1902.

(2 Edw. 7, c. 42.)

An Act to make further provision luith respect to
Education in England and Wales.

[18th December 1902.]

Be it enacted by the King's most Excellent
Majesty, by and with the advice and consent of
the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the
authority of the same, as follows :

PART I.

Local Education Authority.

J^ocai 2, For the purposes of this Act the council of

authorities.

every county and of every county borough shall
be the local education authority :

Provided that the council of a borough with a
population of over ten thousand, or of an urban
district with a population of over twenty thousand,
shall, as respects that borough or district, be the

Local Education Authority. 97

local education authority for the purpose of Sect. 1.
Part III. of this Act, and for that purpose as
respects that borough or district, the expression
" local education authority " means the council of
that borough or district.

County boroughs are defined by the Local Government
Act, 1888 (c, 41), s. 31, and comprise all boroughs which,
on June 1st, 1888, had a population of 50,000 ; or which
have subsequently attained that size, and by a provisional
order of the Local Government Board been declared to be
county boroughs. Non-county boroughs were also first
made a distinct class by the Local Government Act, 1888
(c. 41), the limit in that case being 10,000 : there is pro-
vision in that case, also, for new boroughs, which grow to
10,000, being added to the class. For the definition of
'• urban district,'' see Local Government Act, 1894 (c. 73),
s. 21 : the definition will not, however, for purposes of the
Education Act be the same, as it will not include non-
county boroughs ; see, however, s. 18 (1).

There are 62 counties, including the Scilly Isles, and
69 county boroughs in England, whose councils will be
the local education authorities for both elementary and
higher education in their area. With regard to the Edu-
cation Act, there are 137 non- county boroughs, with a
population of over 10,000, and 64 urban sanitary districts
with a population of over 20,000, whose councils are local
education authorities in their area for Part III. purposes
only (for list, see Appendix D), The population limit is
that now existing (s. 23 (8)), and there is no provision for
making new authority boroughs or districts under this Act ;
these authority (Part III.) boroughs and districts may
surrender their powers and merge in the county (s. 20 (b) ).
The boroughs with a population below 10,000 amounting
to 108, and the urban sanitary districts with a population
below 20,000, amounting to 745, have, as also have the
above Part III. authority boroughs and districts, supple-
mentary powers to supply or aid the supply of higher
education to the extent of a penny rate (s. 3), but they
are not local education authorities for this purpose.

E.A.

98 Education Act, 1902.

Sect. 2.
PART II.

Higher Education.

SdTigher ^' — ^-^^ ^'^^ "^^^^ ^^^^^ education authority shall
education, consider the educational needs of their area and
take such steps as seem to them desirable, after
consultation with the Board of Education, to
supply or aid the supply of education other than
elementary, and to promote the general co-
ordination of all forms of education, and for that
purpose shall apply all or so much as they deem
necessary of the residue (b) under section one of
53 & 54 vici. the Local Taxation (Customs and Excise) Act,

c. 60. ^ . ^

1890, and shall carry forward for the like purpose
any balance thereof which may remain unexpended,
and may spend such further sums as they think
fit : Provided that the amount raised by the
council of a county for the purpose in any year
out of rates under this Act shall not exceed the
amount which would be produced by a rate of
twopence in the pound, or such higher rate as the
county council, with the consent of the Local
Government Board, may fix.

(2) A council, in exercising their powers under

this Part of this Act, shall have regard to any

existing supply of efficient schools or colleges, and

to any steps already taken for the purposes of

52 & 53 Vict, liiorher education under the Technical Instruction

c. 76. »

54&55Yict.Acts, 1889 and 1891.

(a) By this section (1) the local education authority are
obliged [by the Bill, as originally introduced, the authority
was only given the power] to consider the educational needs
of the area; they may (2) su2)ply education other than
elementary ; or (3) aid such supply ; that is, may build

Higher Education. 99

schools, colleges, or technical institutions, or make grants Sect. 2.

to existing ones ; and (4) promote the general co-ordination

of all forms of education, e.rj., by continuation schools; Note.
but for purposes (2), (3), and (4), they are only to take
such steps as seem to them desirable, after consultation \\\i\\
the Board ; the initiative, in other words, rests entirely
with the local education authority ; the most the Board
can do is to exercise a friendly check ; the Board could
not ommdamus the authority under s. 16, e.g., to leyy the
twoj^enny rate for higher education. The authority must,
howeyer, now spend all the " whiskey money " on higher
education. This is the only obligation the council are under,
in addition to considering the educational needs of the area.
Section 1 (2), (3), of the Local Taxation (Customs and
Excise) Act, 1890 (c. 60), which made permissive the
spending on technical instruction of the " whiskey money "
giyen to the counties and boroughs, is repealed, as is also
the whole of the Technical Instruction Acts, 1889
(c. 76) and 1891 (c. 4). In addition to the spending
of the " whiskey money " on education being now made
compulsory, the chief differences resulting from the new
Act and Ihe repeal of the Technical Instruction Acts
are : (a) representation of the council on the governing
bodies of schools or colleges aided is no longer required as
it was under the Technical Instruction Act, 1889, s. 1 (1) (e) );

(b) the old Id. rate is no longer leviable, in addition
to the new 2d. rate, in counties and county boroughs ;

(c) there is no longer any prohibition against helping
private schools which are run for prolit (Technical
Instruction Act, 1889 (c. 76), s. 1 (1) (f), repealed).
Higher education includes all forms of education other
tlian elementary. Without limiting the definition of the
words, the Act specifies the following as coming within
the scope of higher education : Evening schools (s. 22 (1) ) ;
elementary education for scholars over sixteen at the close
of the school year or not in accordance with the Code,
unless the earlier Acts expressly provide otherwise
(s. 22 (2) ) ; or given in any but a public elementary school
(s. 22 (3) ) ; training teachers (s. 22 (3) ) ; provision of
vehicles and payment of travelling expenses of teachers
or children (s. 23 (1) ) ; providing in part or whole scholar-
ships or fees for students at schools or colleges within or
without the area (s. 23 (2)). For definition of elementary
education, public elementary school, see p. 5 above.

There is no limit imposed on the power of the county
boroughs to rate themselves for secondary education. It
was stated in the House of Commons by Sir William
Holdsworth that in Manchester, for instance, a restriction
to 2d. would involve a deficiency of at least £17,000, and

H 2

100

Education Act, 1902.

Sect. 2.
Note.

Concurrent
powers ot
smaller
boroughs
and urban
districts.

Religious
instruction.

that a rate of 4d. to 6d. would be required (Hansard,
vol. ex., p. 338).

(b) " Residue " means annual residue left after payment
of £300,000 for police superannuation under the Local
Taxation (Customs and Excise) Act, 1890 (c. 60), s. 1,
unrepealed. As to balances unexpended and unappro-
priated on the " appointed day," see Sched. II. (5).

3. The council of any non-county borough or

urban district shall have power as well as the

county council to spend such sums as they think

fit for the purpose of supplying or aiding the

supply of education other than elementary :

Provided that the amount raised by the council of

a non-county borough or urban district for the

purpose in any year out of rates under this Act

shall not exceed the amount which would be

produced by a rate of one penny in the pound.

See note to s. 1 above. For the course to be adopted
by the smaller non-county boroughs below 10,000 and
urban districts below 20,000, see Transition Period above,
p. 77. Both large and small non-county boroughs and
sanitary districts are liable to the county rate for higher
education up to 2d., in addition to their own Id. rate, if
levied. The smaller non-county boroughs and districts are
also liable to the county elementary education rate, but
not the authority boroughs and districts (s. 18 (1) (b)).

4. — (1) A council, in the application of money
under this Part of this Act, shall not require that
any particular form of religious instruction (a) or
worship or any religious catechism or formulary
which is distinctive of any particular denomination
shall or shall not be taught, used, or practised in
any school, college, or hostel (b) aided but not pro-
vided by the council, and no pupil shall, on the
ground of religious belief, be excluded from or
placed in an inferior position in any school,

Higher Education. 101

college, or hostel provided by the council, and no Sect. 4.
catechism or formulary distinctive of any par-
ticular religious denomination shall be tauoht in
any school, college, or hostel so provided, except
in cases where the council, at the request of
parents of scholars, at such times and under such
conditions as the council think desirable, allow
any religious instruction to be given in the school,
college, or hostel, otherwise than at the cost of the
council : Provided that in the exercise of this
power no unfair preference shall be shown to any
religious denomination.

(2) In a school or college receiving a grant
from, or maintained by, a council under this Part
of this Act,

(a) A scholar attending as a day or evening

scholar shall not be required, as a con-
dition of being admitted into or remaining
in the school or college, to attend or
abstain from attending any Sunday
school, place of religious worship, re-
ligious observance, or instruction in
religious subjects in the school or college
or elsewhere ; and

(b) The times for religious worship or for any

lesson on a religious subject shall be

conveniently arranged for the purpose

of allowing the withdrawal of any such

scholar therefrom.

(a) For similar provisions, see the conscience clause,
Elementary Education Act, 1870 (c. 75), s. 7, above p. 9 ;
the Cowper-Temple clause, s. 4 of the 1870 Act, above,
p. 10 ; and ss. 15, 16 of the Endowed Schools Act, 1869
(c. 56). For analysis of the provisions of this section, see
above, Transition Period.

102 Education Act, 1902.

Note.

Sect. 4. (h) Much was made in debates in the House of the fact
that of the existing training colleges forty-three are
denominational, and only two undenominational (Report
of the Board of Education, 1902, p. 46). The word
" hostel '^ is used in this section with a view to allowing
the local education authorities to build undenominational
hostels or lodgings close to the denominational colleges,
whose courses of lectures the j^upils living in the hostels
could attend.

PART III.
Elementary Education.

Powers and 5. The local education authority shall through-
eiementary out their area have the powers and duties (a) of a

education. i i i i i i

school board and school attendance committee under
the Elementary Education Acts, 1870 to 1900, and
any other Acts, including local Acts, and shall also
he responsible for and have the control of all secular
instruction in public elementary schools (h) not
provided by them, and school boards and school
attendance committees shall be abolished.

(a) By Sched. II. (1) the property, powers, rights, and
liabilities (whether arising under any local Act or trust
deed, or not) of any school board or school attendance
committee existing at the appointed daj shall be trans-
ferred to the council exercising the powers of the school
board. For the general powers of school boards trans-
ferred to local education authorities, see above, pp. 4 — 26.
No further elections to school boards are to take place
(Sched. II. (10), and see Circular Letter of Board of
Education, TimeSy January 6, 1903, and p. 68, above),

(h) For the definition of public elementary schools, see
above, p. 9. For powers of local education authorities to
provide elementary education under the Elementary
Education Acts, 1870 to 1900, see s. 22 (2). The Cockerton
judgment (see above, p. 6) is still important as defining
the bounds between elementary and secondary education.
With regard to instruction given under those Acts (apart
from express exceptions thereunder), the present Act
modifies that judgment as to (a) the age limit for elemen-
tary education (s. 22 (2) ) ; (b) the Code is now to furnish

Elementary Education. 103

the niaxinuim as -well as the iiiinimum limit ; and (c) cer- Sect. 5.

tain education expenses must always be treated as expenses

of secondary education, e.g.^ evening classes (s. 23) (see R. v. Note.
Cockerton, [1900] 1 K. B. p. 356). The judgment of the
Court of Appeal in the Cockerton Case (p. 734), does not
agree with that of Wills, J. (p. 339). The latter thought
that s. 3 of the Act of 1870, which required the principal
portion only of the instruction in an elementary school to
be elementar}', would authorise the teaching of higher
subjects in the board schools, that the only two restric-
tions were that the education must be for children and
must comprise the obi igatory minimum in the Code. The
Court of Appeal said that s. 3 did not authorise any but
elementary education in board schools, and that elemen-
tary education must be defined, both its minimum and its
maximum, by the Code ; but that this limitation did not
apply to voluntary schools. It is submitted that the view
of Wills, J., is the correct one ; but in any case the judg-
ments agree that voluntary public elementary schools
might give higher education, provided that was not the
principal portion of the instruction, and this, ap]>arently,
will continue to be the law with non-provicled schools.
There is no provision in the Act of 1902 that the local
education authority shall be obliged to pro\4de secular
instruction in non-provided public elementary schools on
the same terms and suhject to the same conditions as in
provided schools. Section 5 merely says the authority
"shall be responsible for and have the control of all secular
instruction in public elementary schools not provided by
them " ; nor will s. 22 (2) impose any fresh limit ; it is
arguable that this exception would be an " express provi-
sion to the contrary " under s. 3 of the Act of 1870 ; and
in any case, instruction in non-provided schools will now
be given, not under the Elementary Education Acts, 1870
to 1900 (in which case alone s. 22 (2) applies), but under
the Act of 1902. As the local authority are now respon-
sible for the maintenance of non-provided schools (s. 7 (1)),
it would seem to follow that the authority might pay sums
out of the rates for such higher education as may legally
be carried on in them.

6. — (1) All public elementary schools pro-Manage-
vided by the local education authority shall, ^chooie.
where the local education authority are the
council of a county, have a body of managers (a)
consisting of a number of managers not exceeding

104 Education Act, 1902.

Sect. 6. four appointed by that council, together with a
number not exceeding two appointed by the
minor local authority.

Where the local education authority are the
council of a borough or urban district they may,
if they think fit, appoint for any school provided
by them a body of managers consisting of such
number of managers as they may determine.

(2) All public elementary schools not provided
by the local education authority shall, in place of
the existing managers, have a body of managers
consisting of a number of foundation managers
not exceeding four appointed (b) as provided by
this Act, together with a number of managers
not exceeding two appointed —

(a) where the local education authority are the

council of a county, one by that council
and one by the minor local authority (c) ;
and

(b) where the local education authority are the

council of a borough or urban district,
both by that authority.

(3) Notwithstanding anything in this section —

(a) schools may be grouped (d) under one body

of managers in manner provided by this
Act ; and

(b) where the local education authority con-

sider that the circumstances of any
school require a larger body of mana-
gers than that provided under this
section, that authority may increase the
total number of managers, so, however^

Elementary Education. 105

that the number of each class of Sect. 6.
managers is proportionately increased.

(a) For jDOwers of managers, see Sclied. I. B. It is
to be noted that the managers are not made corporate
bodies, and have not, as a body, any power to hold land.

(b) For appointment of managers of non-provided
schools, see s. 11, and Memorandum E. A. 1, Appendix A.

(c) Minor local authorihj is defined by s. 24 (2) to mean
as respects any school, the council of any borough, or
urban district, or the parish council, or (where there is no
parish council) the parish meeting of any parish which
appears to the county council to be served by the school.
If the area of more than one minor local authority is served
by the school, the county council shall make provii^ion
for joint appointment of managers.

(d) For powers as to grouping schools, see s. 12 ; and for
draft scheme for such a group of managers, see Appendix C.

7.— (1) The local education authority (a) shall ^JfJ^^^^f '
maintain and keep efficient all public elementary ^chooia.
schools within their area which are necessary, and
have the control of all expenditure required for
that purpose, other than expenditure for which,
under this Act, provision is to be made by the
managers ; but, in the case of a school not pro-
vided by them, only so long as the following
conditions and provisions are complied with :
(a) The managers of the school shall carry out
any directions of the local education
authority as to the secular instruction to
be given in the school, including any
directions with respect to the number
and educational qualifications of the
teachers to be employed for such in-
struction, and for the dismissal of any
teacher on educational grounds, and if
the managers fail to carry out any such

106 Education Act, 1902.

Sect. 7. direction the local education authority

shall, in addition to their other powers,
have the power themselves to carry out
the direction in question as if they were
the managers ; but no direction given
under this provision shall be such
as to interfere with reasonable facilities
for religious instruction during school
hours ;

(b) The local education authority shall have

power to inspect the school (/>) ;

shall be required to the appointment of
teachers, but that consent shall not be
withheld except on educational grounds ;
and the consent of the authority shall
also be required to the dismissal of a
teacher unless the dismissal be on
grounds connected with the giving of
religious instruction in the school ;

(d) The managers of the school shall provide

the school-house free of any charge,
except for the teacher's dwelling-house
(if any), to the local education authority
for use as a pablic elementary school,
and shall, out (c) of funds provided by
them, keep the school-house in good
repair, and make such alterations and
improvements in the buildings as may
be reasonably required by the local
education authority : Provided that
such damage as the local authority
consider to be due to fair wear and

Elementary Education. 107

tear (d) in the use of any room in the Sect. 7.
school-house for the purpose of a public
elementary school shall be made good
by the local education authority ;
(e) The managers of the school shall, if the
local education authority have no suit-
able accommodation in schools provided
by them, allow that authority to use any
room in the school-house out of school
hours free of charge for any educational
purpose, but this obligation shall not
extend to more than three days in the
week (e).

(2) The managers of a school maintained but
not provided by the local education authority, in
respect of the use by them of the school furniture (/)
out o£ school hours, and the local education
authority in respect of the use by them of any
room in the school-house out of school hours, shall
be liable to make good any damage caused to the
furniture or the room, as the case may be, by
reason of that use (other than damage arising
from fair wear and tear), and the managers shall
take care that, after the use of a room in the
school-house by them, the room is left in a proper
condition for school purposes.

(3) If any (g) question arises under this section
between the local education authority and the
managers of a school not provided by the authority,
that question shall be determined by the Board of
Education.

(4) One of the conditions required to be ful-
filled by an elementary school in order to obtain

108 Education Act, 1902.

Sect. 7. a parliamentary grant shall be that it is main-
tained under and complies with the provisions of
this section.

(5) In public elementary schools maintained
but not provided by the local education authority,
assistant teachers and pupil teachers may be
appointed, if it is thought fit, without reference to
religious creed and denomination, and, in any
case in which there are more candidates for the
post of pupil teacher than there are places to be
filled, the appointment shall be made by the local
education authority, and they shall determine the
respective qualifications of the candidates by
examination or otherwise.

(6) Religious instruction given in a public
elementary school not provided by the local edu-
cation authority shall, as regards its character, be
in accordance with the provisions (if any) of the
trust deed (Ii) relating thereto, and shall be under
the control of the managers : Provided that nothing
in this sub-section shall afi'ect any provision in a
trust deed for reference to the bishop or superior
ecclesiastical or other denominational authority
so far as such provision gives to the bishop or
authority the power of deciding whether the
character of the religious instruction is or is not in
accordance with the provisions of the trust deed.

(7) The managers of a school maintained but
not provided by the local education authority shall
have all powers (/) of management required for the
purpose of carrying out this Act, and shall (subject
to the powers of the local education authority

Elementary Education. 109

under this section) have the exclusive power of Sect. 7.
appointing and dismissing teachers.

(a) For analysis of tlie provisions of this section, see
above, Summary of the Education Act, 1902.

(6) The Board of Education and the local education
authority will have concurrent powers to inspect all
schools, whether provided or not. Members of the council
or of the education committee of local education authorities
will not have free right of entry into non-provided schools,
but only such right of entry as the council or its committee
may think proper to permit.

(c) Most of the " funds " of the managers of non-provided
schools must still come from voluntary sources, for which
the foundation managers must be mainly responsible. If
schools are grouped under s. 12, it will probably be far
easier to raise subscriptions, collections, etc., for the group
funds. Other sources of managers' funds will be (i) endow-
ment or a portion of it (s. 13) ; (ii) a portion of fees, where
payable (s. 14) ; (iii) rent for teacher's house (s. 7 (1) (d) ) ;
and (iv) as a temporary provision, any parliamentary
grant accrued before the appointed day for the Act to
come into operation, and not recpiired for outstanding
liabilities (Sched. 11.(12)).

(d) Fair ivear and tear. — For legal definition of what is
" wear and tear " in an ordinary lease, see Davies v. Davies
(1888), 38 Ch. D., at p. 500. 'The legal definition does
not, however, appear here to be material, as the local
education authority are onl}^ liable to make good damage
which they consider to be due to this cause ; it is possible
the court might see fit to reconsider a decision of the local
authority if the latter exercised this discretion very
improperlj^, e.g., refused to admit any damage at all due
to this cause. For a legal decision as to what is "gfocxZ
repair," see Froudfoot v. Hart (1890), 25 Q. B. D., p. 42.

(e) This may lead to some difficulty in the case of autho-
rity boroughs and districts, — these have no powers save for
elementary education (Part III.) ; but an evening school
under the regulation of the Board of Education is expressly
excluded from elementary education (s. 22 (1)); unless,
therefore, non-provided schools are in a difterent position
to provided schools, as suggested above, s. 5, notes, the
council of the authority borough or district could not
provide such a school during the evenings on which they
have the premises, though the county council could.

110 Education Act, 1902.

Note.

Sect. 7. (/) See Schecl. IL (14) as to user of the existing
furniture in uon-provicied schools.

(g) This means, apparently, any question save as to
what damage is due to fair wear and tear.

(h) For power to execute trust deeds where none exists^
in order to secure the character of the teaching, see below,
s. 11 and notes.

(i) For powers of managers generally, see Sched. I. B.

If manai;;ers fail to carry on the non-provided school, they
may lease for twenty-one years to the local education autho-
rity, if they have power to do so in their trust deed under
s. 19, or transfer it under s. 23, of the Elementary Education
Act, 1870 ; in this case no rent is allowable. See above, notes
on Transition Period, and p. 15. The transfer may in either
case be for the whole time of the school ; or for a portion of
the time per day, say, from 9 to 4 on five days a week.

In the latter case the school becomes a provided school
only during the period of the day or week during which
it is transferred. An arrangement not infrequently made
when the trust does allow of letting, and therefore no
consent from the Board of Education was necessary, is as
follows : The school is let at a fair rent, say £30 a year for
five days a week, from 9.30 to 4. The hiring authority
agrees to appoint a member of the denomination to which
the school belongs as head teacher. On his appointment
he is allowed by the denomination managers to have the
use of the school teacher's house for a low, or no, rental
this being part of the consideration for the arrangement.
The head teacher, when so aj)pointed, gives religious
denominational instruction from 9 to 9.30, during which
period the school is not a jDublic elementary school.

Managers of non-provided schools must keep separate
accounts in relation to local authority and managers-
purpose, though for purpose of necessary cash advances,
either of these accounts can be kept jointly with those
of the managers of other schools. Managers get a certain
contribution towards their expenditure on the fabric of
the schools under the wear and tear provision (s. 7 (1) (d) ),
but under s. 7 (1) (d) they lose the chance of letting the
school for three nights a week.

Provision of 8. — (1) Where the local education authority or

new schools. "^

any other persons propose to provide a new public
elementary school (a), they shall give public notice
of their intention to do so, and the managers of
any existing school, or the local education

Elementary Education. Ill

authority (where they are not themselves the per- Sect. 8.
sons proposing to provide the school), or anv
ten ratepayers in the area for which it is proposed
to provide (/>) the scl.ool, may, within three months
after the notice is given, appeal to the Board of
Education on the ground that the proposed school
is not required, or that a school provided by the
local education authority, or not so provided, as
the case may be, is better suited to meet the wants
of the district than the school proposed to be
provided, and any school built in contravention of
the decision of the Board of Education on such
appeal shall be treated as unnecessary.

(2) If, in the opinion of the Board of Education,
any enlargement of a public elementary school is
such as to amount to the provision of a new
school, that enlargement shall be so treated for the
purposes of this section.

(3) Any transfer (c) of a public elementary
school to or from a local education authority shall
for the purposes of this section be treated as the
provision of a new school.

(a) At present, a Protestant denominational public ele-
mentary school may be the school for, e.g., a ■\\-hole Eoman
Catholic area : provided there is sufficient accommodation
in the school, and the conscience clause is observed, the
Eoman Catholic parents will have no right, under the
law as it standi:, to claim a school of their own. This
section provides machinery for their setting up a school
(see Mr. Balfour's statement, Hansard, vol. cxiii., p. 1450).
There is no danger of a quantity of small weak schools
springing up, as an adequate veto is given to the Board of
Education, provided the local education authority or ten
ratepayers object ; and set the Board in motion. If the
Board declare the new school unnecessary it will earn no
grants (see Elementary Education Act, 1870 (c. 75), s. 98).
If a school has once been set up, and has already received
the sanction of the Board as a public elementary school,

112 Education Act, 1902.

Note.

Sect. 8. and has thirtv scholars, it cannot be declared unnecessary
(s. 9).

(b) As to capital cost of providing new schools, sec
s. 18 (1) (c). The parish or parishes served by the new
school must pay half to three-quarters of the capital
expense of building, the county council the rest ; this
will probably make it easier to secure the building of
provided, then of non-provided, schools. A parish will
prefer to have a large share of the burden borne by the
county as a whole rather than have to raise the whole
amount by voluntary subscription.

(c) Transfer, i.e., by a denomination to the local educa-
tion authority. Many weak voluntary schools will
probably so transfer, and if they have at least thirty
scholars the Board cannot hold them unnecessary (s. 9)
and refuse to let them be taken over. Any transfer of a
school is to be treated as the provision of a new school so
as to give the Board a veto. For powers to transfer where
there is, or is not, power to sell or let in the trust deeds
of the school, see above (p. 15) and notes on the Transition
Period (p. 88), and above s, 7, note (i).

Necessiti of 9. The Board of Education shall, without

schools.

unnecessary delay, determine, in case of dispute,
whether a school is necessary (a) or not, and, in so
determining, and also in deciding on any appeal
as to the provision of a new school, shall have
regard to the interest of secular instruction, to the
wishes of parents as to the education of their
children, and to the economy of the rates ; but a
school for the time being recognised as a public ele-
mentary school (h) shall not be considered unneces-
sary in which the number of scholars in average
attendance, as computed by the Board of
Education, is not less than thirty.

(a) See notes to s. 8, above. The wishes of the parents
and the economy of the rates may often be conflicting
considerations.

(6) Instead of the words " for the time being recognised
as a public elementary school " the original Bill had the
words " actually in existence." This latter was ambiguous

Elementary Education. 113

and might have led to schools being run wp, and then if Sect. 9.

they could secure thirty scholars the local education

authority would have had to support them. Now the Note.
proviso as to thirty scholars only applies to schools
already recognised.

10. — (1) In lieu of the grants under the Aid grant
Voluntary Schools Act, 1897, and under section ^ 5.
ninety-seven of the Elementary Education Act, cM^^^^^^'
1870, as amended by the Elementary Education 6o& ei vict.
Act, 1897, there shall be annually paid to every
local education authority, out of moneys provided
by Parliament —

(a) a sum equal to four shillings per scholar ;

and

(b) an additional sum of three halfpence per

scholar for every complete tv^^opence per
scholar by which the amount which
would be produced by a penny rate on
the area of the authority falls short o£
ten shillings a scholar : Pro\dded that,
in estimating the produce of a penny
rate in the area of a local education
authority not being a county borough,
the rate shall be calculated upon the
county rate basis, which, in cases where
part only of a parish is situated in the
area of the local education authority,
shall be apportioned in such manner as
the Board of Education think just.
But if in any year the total amount of parlia-
mentary grants payable to a local education
authority would make the amount payable out of
other sources by that authority on account of
their expenses under this Part of this Act less

E.A. I

114 Education Act, 1902

Sect. 10. than the amount which would be produced by a
rate of threepence in the pound the parliamentary
grants shall be decreased, and the amount payable
out of other sources shall be increased by a sum
equal in each case to half the difference.

(2) For the purposes of this section the number
of scholars shall be taken to be the number of
scholars in average attendance, as computed by
the Board of Education, in public elementary
schools maintained by the authority.

For explanation of the provisions of this section, see
above, notes on the financial provisions of the Act. The
Treasury will f)ay to the local authorities a large part
of the grant as soon as tlie schools are taken over. See
Appendix, A., Circular 472, p. 215, as to payment of
instalments before the end of the year ; and Circular 470,
p. 201, as to finance generally.

Foundation H. — (1) The foundation manao-ers of a school

managers. , ^

shall be managers appointed under the provisions
of the trust deed of the school, but if it is shown
to the satisfaction of the Board of Education that
the provisions of the trust deed as to the appoint-
ment of managers are in any respect inconsistent
with the provisions of this Act, or insufficient or
inapplicable for the purpose, or that there is no
such trust deed available, the Board of Education
shall make an order under this section for the
purpose of meeting the case.

(2) Any such order may be made on the appli-
cation of the existing owners, trustees, or managers
of the school, made within a period of three
months after the passing of this Act, and after
that period on the application of the local educa-
tion authority or any other person interested in

Elementary Education. 115

the management of the school, and any such Sect. 11.
order, where it modifies the trust deed, shall have
effect as part of the trust deed, and where there
is no trust deed shall have effect as if it were
contained in a trust deed.

(3) Notice of any such application, together
wdth a copy of the draft final order proposed to be
made thereon, shall be given by the Board of
Education to the local education authority and
the existing owners, trustees, and managers, and
any other persons who appear to the Board of
Education to be intei'ested, and the final order
shall not be made until six weeks after notice has
been so given.

(4) In making an order under this section
with regard to any school, the Board of Education
shall have regard to the ownership of the school
building, and to the principles on which the
education given in the school has been conducted
in the past.

(5) The Board of Education may, if they think
that the circumstances of the case require it, make
any interim order on any application under this
section to have temporary effect until the final
order is made.

(6) The body of managers appointed under
this Act for a public elementary school not pro-
vided by the local education authority shall be the
managers of that school both for the purposes of
the Elementary Education Acts, 1870 to 1900,
and this Act, and, so far as respects the manage-
ment of the school as a public elementary school,
for the purpose of the trust deed.

I 2

116 Education Act, 1902.

Sect. 11. (7) Where the receipt by a school, or the
trustees or managers of a school, of any endow-
ment or other benefit is, at the time of the passing
of this Act, dependent on any qualification of the
managers, the qualification of the foundation
managers only shall, in case of question, be
regarded.

(8) The Board of Education may, on the
application of the managers of the school, the
local education authority, or any person appearing
to them to be interested in the school, revoke,
vary, or amend any order made under this section
by an order made in a similar manner ; but before
making any such order the draft thereof shall, as
soon as may be, be laid before each House of
Parliament, and, if within thirty days, being days
on which Parliament has sat, after the draft has
been so laid before Parliament, either House
resolves that the draft, or any part thereof, should
not be proceeded with, no further proceedings
shall be taken thereon, without prejudice to the
making of any new draft order.

Note that the provisions of this section only relate to
^^poivers of appointing managers." There is no general
power given under this section to the Board for settling
new schemes for the management of non-provided schools ;
if that is done, it must be under the powers of settling
schemes now transferred to the Board. Under this section
the Board can make an order modifying or taking the
place of a deed in four cases : when the provisions of the
deed are (1) inconsistent with the Act ; (2) insufficient ;
(3) inapplicable ; (4) no deed is availalDle. See, on the
whole section, Memorandum of the Board, E. A. 1,
Appendix A. ; and Recommendations of the National
Society, Appendix A, ; also interim order for appointment
of managers, E. A. Order (Provisional) 1, p. 181. When
extant, almost every deed is inconsistent with the Act, and
an order is required. For cases of Lost Deeds, see above,

Elementary Education. 117

Transition Period (p. 88). Where no deeds exist, many Sect. 11.

managers will desire to execute new deeds in order to secure

the character of the teaching (s. 7). If the schools are Note.
private property, the owners can of course do this. See
Memorandum E. A. 1, paragraph 14 ; and E. A. 13, p. 199.

But where (a) managers or trustees hold on implied
trusts, they must act with care. There are also (b) many
cases where the trust deeds provide for the conveyance of
the property for a school, but in no way secure the character
of the religious teaching, and managers may wish to execute
a new deed to provide for this.

But as to (b) alteration and amplification of existing
deeds, charity trustees cannot, generally speaking, alter
existing deeds, even Avith the consent of everyone who
seems capable at the time of benefiting, unless there is an
express power in the deed allowing revocation and altera-
tion (Re Hartshill Encloivment (1861), 30 Beav., p. 130).
And in the case of (a) implied trusts, the general rule in
all charitable trusts is that where no deed exists^, the law
will determine the existence and nature of the trusts on
which the property is held from the past practice with
regard to administration and use ; and will, if necessary,
presume the existence of a trust deed embodying those
terms (Attorney-General v. Mercers Co. (1870), 18 W. R.,
at p. 449).

Managers would probably be acting within their powers
in embodying the existing practice, constituting the
implied trusts, in a deed. As to how far they may
amplify the terms of the trust, provided nothing inserted
in any way clashes with the existing implied trusts, see
Attorney-General v. Gould (1860), 28 Beav. 485.

As to sub-s, (8), and the requirement that orders shall
be laid before the Houses of Parliament, if literally inter-
preted the words seem to require all orders to be so laid,
and not only revoking, varying, or amending orders : this
is, however, not the view of the Board of Education, who
propose only to lay the revoking or amending orders before
Parliament.

The words are to be carefully noted ; to revoke, vary,
or amend an order, another order has to be made, and
made in a " similar manner " to other orders under the
section ; when any such order is made (i.e., in a similar
manner to the other orders under the section), then it must
go before Parliament, thus implying that all orders made
under the section must do so. It seems reasonable that
Parliament should always be allowed the chance of con-
sidering orders involving the complete setting aside of
trusts and trust deeds ; nor is there any reason to dis-
tinguish revoking or varying orders from original orders,

118 Education Act, 1902.

Sect. 11. or to say tliey are more important. On the other hand, it

may be argued that if Parliament had meant all orders to

Note, come before it, the Act should have said so more directly.

Grouping of 12. — (1) The local education authority may

schools ^ r IIP i.r

under one group uuder 0110 bodj 01 managers any public

ment. elementary schools provided by them, and may

also, with the consent of the managers of the

schools, group under one body o£ managers any

such schools not so provided.

(2) The body of managers of grouped schools
shall consist of such number and be appointed in
such manner and proportion as, in the case of
schools provided by the local education authority,
may be determined by that authority, and in the
case of schools not so provided, may be agreed
upon between the bodies of managers of the
schools concerned and the local education autho-
rity, or in default of agreement may be determined
by the Board of Education.

(3) Where the local education authority are
the council of a county, they shall make pro-
vision for the due representation of minor local
authorities on the bodies of managers of schools
grouped under their direction.

(4) Any arrangement for grouping schools not

provided by the local education authority shall,

unless previously determined by consent of the

parties concerned, remain in force for a period of

three years.

Grouping will probably be very advisable in the case of
fair-sized towns, but will be impossible in the more scat-
tered country districts. Groups will probably have many
advantages in the way of continuity, raising funds, and, in
the case of non-provided schools, in securing the denomi-
national influence from being unnecessarily interfered with;

Elementary Education. 119

and if properly arranged, grouping should not destroy local Sect. 12.

interest. For a scheme of grouping, see below, Appendix C.

The consent of the local education authority is always Note.
necessary for such grouping.

13. — (1) Nothino- in this Act shall affect anyEndow-

^ , ^ ^ . "^ nients.

endowment, or the discretion of any trustees in
respect thereof: Provided that, where under the
trusts or other provisions affecting any endowment
the income thereof must (a) be applied in whole
or in part for those purposes of a public elementary
school for which provision is to be made by the
local education authority, the whole of the income
or the part thereof, as the case may be, shall be
paid to that authority, and, in case part only of
such income must be so applied and there is no
provision under the said trusts or provisions for
determining the amount which represents that
part, that amount shall be determined, in case of
difference between the parties concerned, by the
Board of Education (?>) ; but if a public inquiry is
demanded by the local education authority, the
decision of the Board of Education shall not be
given until after such an inquiry, of which ten
days' previous notice shall be given to the local
education authority and to the minor local autho-
rity and to the trustees, shall have been first held
by the Board of Education at the cost of the local
education authority.

(2) Any money arising from an endowment,
and paid to a county council for those purposes
of a public elementary school for which provision
is to be made by the council, shall be credited by
the council in aid of the rate levied for the pur-
poses of this Part of this Act in the parish or

120 Education Act, 1902.

Sect. 13. parishes which in the opinion of the council are
served by the school for the purposes of which
the sum is paid, or, if the council so direct, shall
be paid to the overseers of the parish or parishes
in the proportions directed by the council, and
applied by the overseers in aid of the poor rate
levied in the parish.

(a) See notes to s. 7 as to the income of managers of
non-provided schools for repairs and capital expenses ; and
see Memorandum of the Board as to endowments, E. A. 7,
p. 189 ; and form of application for advice, E. A. 8, p. 193.

(6) The Board of Education may, of course, also frame
new schemes, whether for elementary or secondary school
endowments.

All elementary endowments practically go in relief of
the rates. The local authority's share is credited to the
poor rate of the parish served by the school, the managers'
share relieves their subscription of the necessity of keeping
up the fabric. It cannot be called the proper intention of
an endowment to relieve persons or communities of their
obligations to the State.

meKf°°' ^^* ^^^®^^ before the passing of this Act fees
school fees, have been charged in any public elementary
school not provided by the local education autho-
rity, that authority shall, while they continue to
allow fees to be charged in respect of that school,
pay such proportion of those fees as may be
agreed upon, or, in default of agreement, deter-
mined by the Board of Education, to the managers.

Fees are of the same nature as subscriptions, and are so
charged to help managers towards keeping up the school.
Hence they are equitably entitled still to share them, but
as the fee grant, the property of the authority, is reduced
in consequence of this charge, that body has a claim also
upon the fees.

^t ^h^d to ^* ^^® local education authority may maintain
institutioDs. as a pubHc elementary school under the provi-

Elementary Education. 121

sions of this Act, but shall not be required so to Sect. 15.
maintain, any Marine school, or any school which is
part of, or is held in the premises of, any institu-
tion in which children are boarded, but their
refusal to maintain such a school shall not render
the school incapable of receiving a parliamentary
grant, nor shall the school, if not so maintained,
be subject to the provisions of this Act as to the
appointment of managers, or as to control by the
local education authority.

16. If the local education authority fail to fulfil Power to

enforce

any of their duties under the Elementary Educa- duties under

"^ Elementary

tion Acts, 1870 to 1900, or this Act, or fail to Education

. . . -^cts.

provide such additional public school accommoda- 33 & 34 yict.

tion (a) wdthin the meaning of the Elementary*^'"''

Education Act, 1870, as is, in the opinion of the

Board of Education, necessary in any part of

their area, the Board of Education may, after

holding a public inquiry, make such order as

they think necessary or proper for the purpose of

compelling the authority to fulfil their duty, and

any such order may be enforced by mandamus.

(a) See above, p. 11, as to what is sufficient accommoda-
tion under the Elementary Education Acts.

PART IV.

General.

17. — (1) (a) Any council having powers under Education
this Act shall establish an education committee
or education committees, constituted in accordance
wath a scheme made by the council and approved
by the Board of Education : Provided that if a
council having powers under Part II. only of this

122 Education Act, 1902.

Sect. 17. Act determine that an education committee is
unnecessary in their case, it shall not be obligatory
on them to establish such a committee.

(2) All matters relating to the exercise by the
council of their powers under this Act, except the
power of raising a rate or borrowing money,
shall stand referred to the education committee,
and the council, before exercising any such powers,
shall, unless in their opinion the matter is urgent,
receive and consider the report of the education
committee with respect to the matter in question.
The council may also delegate to the education
committee, with or without any restrictions or
conditions as they think fit, any of their powers
under this Act, except the power of raising a rate
or borrowing money.

(3) Every such scheme shall provide —

(a) for the appointment by the council of at

least a majority of the committee, and
the persons so appointed shall be persons
who. are members of the council, unless,
in the case of a county, the council shall
otherwise determine ;

(b) for the appointment by the council, on the

nomination or recommendation, where
it appears desirable (b), of other bodies
(including associations of voluntary
schools), of persons of experience in
education, and of persons acquainted
with the needs of the various kinds of
schools in the area for which the council
acts ;

among the members of the committee ;

General. 123

(d) for the cappointment, if desirable, of mem- Sect. 17.
bers of school boards existing at the
time of the passing of this Act as
members of the first committee.

(4) Any person shall be disqualified for being
a member of an education committee, who, by
reason of holding an office or place of profit, or
having any share or interest in a contract or
employment, is disqualified for being a member of
the council appointing the education committee,
but no such disqualification shall apply to a
person by reason only of his holding office in a
school or college aided, provided, or maintained
by the council.

(5) Any such scheme may, for all or any pur-
poses of this Act, provide for the constitution of
a separate education committee for any area
within a county, or for a joint education com-
mittee for any area formed by a combination of
counties, boroughs, or urban districts, or of parts
thereof. In the case of any such joint committee,
it shall suffice that a majority of the members are
appointed by the councils of any of the counties,
boroughs, or districts out of which or parts of
which the area is formed.

(6) Before approving a scheme, the Board of
Education shall take such measures as may appear
expedient for the purpose of giving publicity to
the provisions of the proposed scheme, and, before
approving any scheme which provides for the
appointment of more than one education com-
mittee, shall satisfy themselves that due regard is
paid to the importance of the general co-ordina-
tion of all forms of education.

124 Education Act, 1902.

Sect. 17. (^7^ If a scheme under this section has not been
made by a council and approved by the Board of
Education witliin twelve months after the passing
of this Act, that Board may, subject to the pro-
visions of this Act, make a provisional order for the
purposes for which a scheme might have been made.
(8) Any scheme for establishing an education
committee of the council of any county or county
borough in Wales or of the county of Monmouth
or county (c) borough of Newport shall provide
that the county governing body constituted under

52 & 53 Vict, the Welsh Intermediate Education Act, 1889, for

C. 40. ' '

any such county or county borough shall cease to
exist, and shall make such provision as appears
necessary or expedient for the transfer of the
powers, duties, property, and liabilities of any
such body to the local education authority under
this Act, and for making the provisions of this
section applicable to the exercise by the local
education authority of the powers so transferred.

{a) For explanation of this section see above, Analysis of
the Act, and Transition Period, and for draft scheme for
an education committee, see Appendix B. ; see also
Memorandum of the Board as to education committees,
February 9th, 1903, p. 182.

(6) " Where it appears desirable " — As the Board of
Education has a veto, this must mean desirable to both
the Board and the local education authority ; cf., the
language of s. 2 (1) above : there the Board have no veto,
and therefore it is clearly stated that the steps have only
to appear desirable " to them," i.e., the local education
authority.

" 5. For the purposes of this Act there shall be appointed
in every county in Wales and in the county of Monmouth
a joint education committee of the county council of such
county consisting of three persons nominated by the
county council, and two persons, being persons well

General. 125

acquainted witli tlie conditions of "Wales and the wants of Sect. 17.

the people, preference being given to residents within the

county for w^hich such joint committee is to be appointed, Note.
nominated by the Lord President of her Majesty's Privy
Council, Any vacancy in the joint education committee
among the persons appointed by the county council may
be filled up by the county council, and any vacancy
among the persons nominated by the Lord President may
be filled up by the Lord President."

18. — (1) {a) The expenses of a council under this Expenses.
Act shall, so far as not otherwise provided for, be
paid, in the case of the council of a county out of
the county fund, and in the case of the council of
a borough out of the borough fund or rate, or, if
no borough rate is levied, out of a separate rate
to be made, assessed, and levied in like manner as
the borough rate, and in the case of the council
of an urban district other than a borough in
manner provided by section thirty-three (h) of the
Elementary Education Act, 1876, as respects the 39 & 4o vict.
expenses mentioned in that section : Provided
that—

(a) the county council may, if they think fit

(after giving reasonable notice to the
overseers of the parish or parishes con-
cerned), charge any expenses incurred
by them under this Act with respect to
education other than elementary on any
parish or parishes which, in the opinion
of the council, are served by the school
or college in connexion with which the
expenses have been incurred ; and

(b) the county council shall not raise any sum

on account of their expenses under
Part III. of this Act within any
borough or urban district the council of

126 Education Act, 1902.

Sect. 18. which is the local education authority

for the purposes of that Part ; and

tion as they think fit, not being less than
one-half or more than three-fourths, of
any expenses incurred by them in re-
spect of capital expenditure or rent on
account of the provision or improve-
ment of any public elementary school (c)
on the parish or parishes which, in the
opinion of the council, are served by the
school ; and

(d) the county county shall raise such portion

as they think fit, not being less than
one-half or more than three-fourths, of
any expenses incurred to meet the
liabilities on account of loans or rent of
any school board transferred to them,
exclusively within the area which
formed the school district in respect
of which the liability was incurred, so
far as it is within their area.

(2) All receipts in respect of any school main-
tained by a local education authority, including
any parliamentary grant, but excluding sums
specially applicable for purposes for which pro-
vision is to be made by the managers, shall be
paid to that authority.

(3) Separate accounts shall be kept by the
council of a borough of their receipts and expen-
diture under this Act, and those accounts shall be
made up and audited in like manner and subject
to the same provisions as the accounts of a county
council, and the enactments relating to the audit

General. 127

of those accounts and to all matters incidental Sect. 18.
thereto and consequential thereon, including the
penal provisions, shall apply in lieu of the pro-45&46Vict.
visions o£ the Municipal Corporations Act, 1882,
relating to accounts and audit.

(4) Where under any local Act the expenses
incurred in any borough for the purposes of the
Elementary Education Acts, 1870 to 1900, are
payable out of some fund or rate other than the
borough fund or rate, the expenses of the council
of that borough under this Act shall be payable
out of that fund or rate instead of out of the
borough fund or rate.

(5) Where any receipts or payments of money
under this Act are entrusted by the local educa-
tion authority to any education committee estab-
lished under this Act, or to the managers of any
public elementary school, the accounts of those
receipts and payments shall be accounts of the
local education authority, but the auditor of those
accounts shall have the same powers with respect
to managers as he would have if the managers
were officers of the local education authority.

(a) For explanation of these provisions generally, see
above, notes on Finance and Eating Provisions ; and see
as to sources of income, Circular 470 as to powers of a
council, p. 201.

(6) Section 33 of Elementary Education Act, 1876
(c. 79), provides as follows :

" 33, . . . Provided, that the expenses (if any) of a
school attendance committee appointed by an urban
sanitary authority shall be paid out of a fund to be
raised out of the poor rate of the parish or parishes
comprised in the district of such authority according to
the rateable value of each parish, and the urban sanitary
authority shall, for the purpose of obtaining payment of
such expenses, have the same power as a board of guardians
have for the purpose of obtaining contributions to their

128 Education Act, 1902.

Sect. 18, common fund under the Acts relating to the relief of

the poor, and the accounts of such expenses shall be

Note, audited as the accounts of other expenses of the sanitary
authority . . ."

It is now partly repealed (see Sched. IV.).
(c) See notes to s. 8, above.

Borrowing. 19. — (1) A couiicil may borrow for the pur-
poses of the Elementary Education Acts, 1870 to
1900, or this Act, in the case of a county council

51 & 52 Vict, as for the purposes of the Local Government Act,
1888, and in the case of the council of a county
borough, boroughj or urban district as for the
purposes of the Public Health Acts, but the
money borrowed by a county borough, borough,
or urban district council shall be borrowed on the
security of the fund or rate out of which the
expenses of the council under this Act are
payable.

(2) Money borrowed under this Act shall not
be reckoned as part of the total debt of a county
for the purposes of section sixty-nine (a) of the
Local Government Act, 1888, or as part of the
debt of a county borough, borough, or urban
district for the purpose of the limitation on
borrowing under sub-sections two and three (b) of

38 & 39 Vict, section two hundred and thirty-four of the Public

'•''■ Health Act, 1875.

(a) Section 69 (1) of the Local Government Act, 1888
(c. 41), provides as follows :

"69. — (1) The county council may from time to time,
with the consent of the Local Government Board, borrow,
on the security of the county fund, and of any revenues of
the council, or on either such fund or revenues, or any
part of the revenues, such sums as may be required for the
following purposes, or any of them, that is to say ;

" (a) for consolidating the debts of the county ; and

General. 129

** (b) for purchasing any land or building any building, Sect. 19.

which the council are authorised by any Act to

purchase or build ; and Note.

*' (c) for any permanent work or other thing which the
county council are authorised to execute or do,
and the cost of which ought in the opinion of the
Local Government Board to be spread over a
term of years ; and
"(d) for making advances (which they are hereby
authorised to make) to any persons or bodies of
persons, corporate or unincorporate, in aid of the
emigration or colonisation of inhabitants of the
county, with a guarantee for repayment of such
advances from any local authority in the county,
or the Government of any colony ; and
" (e) for any purpose for which quarter sessions or the
county council are authorised by any Act to
borrow,
but neither the transfer of powers by this Act nor any-
thing else in this Act shall confer on the county council
any power to borrow without the consent above mentioned,
and that consent shall dispense with the necessity of
obtaining any other consent which may be required by the
Acts relating to such borrowing, and the Local Govern-
ment Board, before giving their consent, shall take into
consideration any representation made by any ratepayer
or owner of property rated to the county fund."

The remainder of the section contains limiting provisos.
(h) Sub-sections (2) and (3) of s. 234 of the Public Health
Act, 1875, provide as follows :

" (2) The sum borrowed shall not at any time exceed,
with the balances of all the outstanding loans
contracted by the local authority under the
Sanitary Acts and this Act, in the whole the
assessable value for two years of the premises
assessable within the district in respect of which
such money may be borrowed :
"(3) Where the sum proposed to be borrowed with
such balances (if any) would exceed the assessable
value for one year of such premises, the Local
Government Board shall not give their sanction
to such loan until one of their inspectors has held
a local inquiry and reported to the said Board."

20. An authority havino; powers under thisAnange-

-^ <=> i- ments

^Ct between

councils.

(a) may make arrangements (a) with the council

S.A. K

130 Education Act, 1902.

Sect. 20. of any county, borough, district, or

parish, whether a local education autho-
rity or not, for the exercise by the
council, on such terms and subject to
such conditions as may be agreed on,
of any powers of the authority in respect
of the management of any school or
college within the area of the council ;
and
(b) if the authority is the council of a non-
county borough or urban district may,
at any time after the passing of this
Act, by agreement with the council of
the county, and with the approval of the
Board of Education, relinquish (b) in
favour of the council of the county any
of their powers and duties under this
Act, and in that case the powers and
duties of the authority so relinquished
shall cease, and the area of the authority,
if the powers and duties relinquished
include powers as to elementary educa-
tion, shall, as respects those powers, be
part of the area of the county council.

(a) For suggestions as to such arrangements, see above,
notes on Transition Period ; see also Circular 470 as to
powers of a council, at p. 207.

(6) Such surrender of powers by Part III. authorities
will often be advisable on educational grounds, though
it is doubtful if (b) will be acted on in preference to
procedure by joint committees under s. 17 (5). See above,
notes on Transition Period.

ordJrsand ^l.— (1) Scctious two hundred and ninety-
echeraes, seven and two hundred and ninety-eight of the

General. 131

Public Health Act, 1875 (which relate to pro- Sect. 21.
visional orders), shall apply to any provisional 38& soviet,
order made under this Act as if it were made
under that Act, but references to a local authority
shall be construed as references to the authority
to whom the order relates, and references to the
Local Government Board shall be construed as
references to the Board of Education.

(2) Any scheme or provisional order under
this Act may contain such incidental or conse-
quential provisions as may appear necessary or
expedient.

(3) A scheme under this Act when approved
shall have effect as if enacted in this Act, and any
such scheme, or any provisional order made for
the purposes of such a scheme, may be revoked
or altered by a scheme made in like manner and
havino; the same effect as an original scheme.

Sections 297 and 298 of tlie Public Health Act, 1875

(c. 55), provide as follows :

" 297. With respect to provisional orders authorised to

be made by the Local Government Board under this Act,

the following enactments shall be made :

" (1) The Local Government Board shall not make any
provisional order under this Act unless public
notice of the purport of the proposed order has
been previously given by advertisement in two
successive weeks in some local newspaper circu-
lating in the district to which such provisional
order relates :
*'(2) Before making any such provisional order, the
Local Government Board shall consider any
objections which may be made thereto by any
persons affected thereby, and in cases where the
subject matter is one to which a local inquiry is
applicable, shall cause to be made a local inquiry,
of which public notice shall be given in manner
aforesaid, and at which all persons interested shall
be permitted to attend and make objections :

K 2

132 Education Act, 1902.

Sect. 21, " (3) The Local Government Board may submit to

Note.

Parliament for confirmation any provisional ordei
made by it in pursuance of this Act, but any such
order shall be of no force whatever unless and
until it is confirmed by Parliament :
"(4) If while the Bill confirming any such order is
pending in either House of Parliament, a petition
is presented against any order comprised therein,
the Bill, so far as it relates to such order, may be
referred to a Select Committee, and the petitioner
shall be allowed to appear and oppose as in the
case of private Bills :
"(5) Any Act confirming any provisional order made
in pursuance of any of the Sanitary Acts or of
this Act, and any Order in Council made in
pursuance of any of the Sanitary Acts, may be
repealed altered or amended by any provisional
order made by the Local Government Board and
confirmed by Parliament :
" (6) The Local Government Board may revoke, either
wholly or partially, any provisional order made
by them before the same is confirmed by Parlia-
ment, but such revocation shall not be made
whilst the Bill confirming the order is pending
in either House of Parliament :
" (7) The making of a provisional order shall be prima
facie evidence that all the requirements of this
Act in respect of proceedings required to be
taken previously to the making of such provisional
order have been complied with :
*' (8) Every Act confirming any such provisional order

shall be deemed to be a public general Act."
"298. The reasonable costs of any local authority in
respect of provisional orders made in pursuance of this
Act, and of the inquiry preliminary thereto, as sanctioned
by the Local Government Board, whether in promoting or
opposing the same, shall be deemed to be expenses properly
incurred for purposes of this Act by the local authority
interested in or aff"ected by such provisional orders, and
such costs shall be paid accordingly ; and if thought
expedient by the Local Government Board, the local
authority may contract a loan for the purpose of defraying
such costs."

Provitilou as i • a i • i t-^t

toeiemen- 22. — (1) In this Act and in the Jlileinentary

taiyand

higher Education Acts the expression " elementary

education \ , '^

powers school " (o) Shall not include any school carried on

respectively. ^ ' "^

General. 133

as an evening (h) school under the regulations of Sect. 22.
the Board of Education.

(2) The power to provide instruction (c) under
the Elementary Education Acts, 1870 to 1900,
shall, except where those Acts expressly provide
to the contrary, be limited to the provision in a
public elementary school of instruction given
under the regulations of the Board of Education
to scholars who, at the close of the school year,
will not be more than sixteen years of age :
Provided that the local education authority may,
with the consent of the Board of Education,
extend those limits in the case of any such school
if no suitable higher education is available within
a reasonable distance of the school.

(3) The power to supply or aid the supply of
education other than elementary includes a power
to train teachers, and to supply or aid the supply
of any education except where that education is
given at a public elementary school.

(a) See note to s. 2, above.

(6) See Education Code Act, 1890 (c. 22), s. 1, now-
repealed.

(c) So far as provided schools, at any rate, are concerned,
the Act now appears, if the judgment of the Court of
Appeal in the Cockerton Case is correct, to restrict instruc-
tion (subject to powers of the Board to extend) as provided
in this section, (1) to elementar}' education prescribed in
the Code, in other words, the Code is now the maximum
as well as the minimum limit ; (2) to children not above
sixteen at the end of the school year. See, as to higher
instruction in non-provided schools, notes to s. 5.

23. — (1) The powers of a council under thisMiscei-

^ / ^ ^ ^ ^ laneous

Act shall include the provision of vehicles or the p^^^^^^o^^-
payment of reasonable travelling expenses for

134 Education Act, 1902.

Sect. 23. teachers or children attending school or college
whenever the council shall consider such provision
or payment required by the circumstances of
their area or of any part thereof.

(2) The power of a council to supply or aid
the supply of education, other than elementary,
shall include power to make provision for the
purpose outside their area in cases where they
consider it expedient to do so in the interests of
their area, and shall include power to provide or
assist in providing scholarships for, and to pay
or assist in paying the fees of, students ordinarily
resident in the area of the council at schools or
colleges or hostels within or without that area.

(3) The county councillors elected for an
electoral division consisting wholly of a borough
or urban district whose council are a local educa-
tion authority for the purpose of Part III. of
this Act, or of some part of such a borough or
district, shall not vote in respect of any question
arising before the county council which relates
only to matters under Part III. of ihis Act.

(4) The amount which would be produced by
any rate in the pound shall be estimated for the
purposes of this Act in accordance with regulations
made by the Local Government Board.

51 & 52 Vict. (5) The Mortmain and Charitable Uses Act,

c. 42.

64 & 55 Vict. 1888 (a), and so much of the Mortmain and Chari-

*^'^^' table Uses Act, 1891 (b), as requires that land

assured by will shall be sold within one year from

the death of the testator, shall not apply to any

assurance, within the meaning of the said Act of

General. 135

1888, of land for the purpose of a school-house Sect. 23.
for an elementary school.

(6) A woman is not disqualified either by sex
or marriage, for being on any body of managers
or education committee under this Act.

(7) Teachers in a school maintained but not
provided by the local education authority shall
be in the same position as respects disqualification
for office as members of the authority as teachers
in a school provided by the authority.

(8) Population for the purposes of this Act
shall be calculated according to the census of
nineteen hundred and one.

(9) Sub-sections one and five of section eighty-
seven of the Local Government Act, 1888 (c) 5i&52Vict.

^ -^ C. 41.

{which relate to local inquiries), shall apply with
respect to any order, consent, sanction, or approval
which the Local Government Board are authorised
to make or give under this Act.

(10) The Board of Education may, if they
think fit, hold a public inquiry for the purpose
of the exercise of any of their powers or the
performance of any of their duties under this

Act, and section seventy-three of the Elementary 33 & 34 vict.
Education Act, 1870 (d), shall apply to any public
inquiry so held or held under any other provision
of this Act.

(a) The Mortmain Act of 1888 places restrictions on
assurances of land (whether by will or iJiter vivos) for
charitable purposes ; it allows the conveyance of one acre
for a public elementary school (s. 6).

(6) Section 5 of the Mortmain and Charitable Uses Act,
1891 (c. 73), provides that :

" 5. Land may be assured by will to or for the benefit

136 Education Act, 1902.

Sect. 23. of any charitable use, luit, except as hereinafter provided,

such land shall, notwithstanding anything in the will

Note, contained to the contrary, be sold within one year from
the death of the testator, or such extended period as may
be determined by the High Court, or any judge thereof
sitting at chambers, or by the Charity Commissioners."

"87. — (1) Where the Local Government Board are
authorised by this Act to make any inquiry, to determine
any difference, to make or confirm any order, to frame any
scheme, or to give any consent, sanction, or apj^roval to
any matter, or otherwise to act under this Act, they may
cause to be made a local inquiry, and in that case, and also
in a case where they are required by this Act to cause to
be made a local inquiry, sections two hundred and ninety -
three to two hundred and ninety-six, both inclusive, of
the Public Health Act, 1875, shall apply as if they were
herein re-enacted, and in terms made applicable to this
Act."

"(5) Where the Board cause any local inquiry to be
held under this Act, the costs incurred in relation to such
inquiry, n eluding the salary of any inspector or officer of
the Board engaged in such inquiry, not exceeding three
guineas a day, shall be paid by the councils and other
authorities concerned in such inquiry, or by such of them
iind in such proportions as the Board may direct, and the
Board may certify the amount of the costs incurred, and
any sum so certified and directed by the Board to be paid
by any council or authority shall be a debt to the Crown
from such council or authority."

(d) Section 73 of the Elementary Education Act, 1870
(c. 75), runs as follows :

" 73. Where a public inquiry is held in pursuance of the
provisions of this Act the following provisions shall have
effect :

" (1) The Education Department shall appoint some

person who shall proceed to hold the inquiry :
"(2) The person so appointed shall for that purpose
hold a sitting or sittings in some convenient place
in the neighbourhood of the school district to
which the sul)ject of inquiry relates, and thereat
shall hear, receive, and examine any evidence
and information offered, and hear and inquire
into any objections or representations made
respecting the subject of the inquiry, with j^ower
from time to time to adjourn any sitting.

General. 137

Notice shall be published in such manner as Sect. 23-

the Education Department direct of every such

sitting (except an adjourned sitting) seven days Note.
at least before the holding thereof :

" (3) The person so appointed shall make a report in
writing to the Education Department setting
forth the result of the inquiry, and stating his
opinion on the subject thereof, and his reasons
for such opinion, and the objections and repre-
sentations, if any, made on the inquiry, and his
opinion thereon ; and the Education Department
shall cause a copy of such report to be deposited
with the school board (if any), or, if there is
none, the town clerk of the borough, or the
churchwardens or overseers of the parishes to
which the inquiry relates, and notice of such
deposit to be published :

"(4) The Education Department may make an order
directing that the costs of the proceedings and
inquiry shall be paid, according as they think
just, either by the district as if they were expenses
of a school board, or by the applicants for the
inquiry ; and such costs may be recovered in the
former case, as a debt due from the school board,
or, if there is no school board, as a debt due from
the rating authority, and, in the case of the
applicants, as a debt due jointly and severally
from them ; and the Education Department may,
if they think fit, before ordering the inquiry to
be held, require the applicants to give security
for such expenses, and in case of their refusal
may refuse to order the inquiry to be held."

And see above, p. 20.

24. — (1) Unless the context otherwise requires, interpreta-
any expression to which a special meaning is
attached in the Elementary Education Acts, 1870
to 1900, shall have the same meaning in this
Act.

(2) In this Act the expression " minor local
authority " means, as respects any school, the
council of any borough or urban district, or the
parish council or (where there is no parish council)

138 Education Act, 1902.

Sect. 24. the parish meeting of any parish which appears
to the county council to be served by the school.
Where the school appears to the county council
to serve the area of more than one minor local
authority the county council shall make such
provision as they think proper for joint appoint-
ment of managers by the authorities concerned.

(3) In this Act the expressions "powers,"
" duties," "property," and "liabilities " (a) shall,
unless the context otherwise requires, have the

ii& 62 Vict, same meaninos as in the Local Government Act,

c. 41. » '

1888.

(4) In this Act the expression " college "
includes any educational institution, whether
residential or not.

(f>) In this Act, unless the context otherwise
requires, the expression " trust deed " includes
any instrument regulating the trusts or manage-
ment of a school or college (b).

(a) These words, as defined in s. 100 of the Local
Government Act, 1888 (c. 41), are :

"The expression 'powers' inchides rights, jurisdiction,
capacities, privileges, and immunities :

"The expression 'duties' includes responsibilities and
obligations :

"The expression 'property' includes all property, real
and personal, and all estates, interests, easements, and
rights, whether equitable or legal, in, to, and out of
property real and personal, including things in action,
and registers, books, and documents ; and when used
in relation to any quarter sessions, clerk of the peace,
justices, board, sanitary authority, or other authority,
includes any property which on the appointed day
belongs to, or is vested in, or held in trust for, or
would but for this Act have, on or after that day,
belonged to, or been vested in, or held in trust for,
such quarter sessions, clerk of the peace, justices,

General. 139

board, sanitary authority, or other authority ; and Sect. 24.
the expression ' property ' shall further include, in the - —
case of the county of Chester, any surplus revenue of -Note.
the River Weaver Trust, which is or would but for
this Act be payable to the quarter sessions :

*'The expression 'liabilities' includes liability to any
proceeding for enforcing any duty or for punishing
the breach of any duty, and includes all debts and
liabilities to which any authority are or would but for
this Act be liable or subject to', whether accrued due
at the date of the transfer or subsequently accruing,
and includes any obligation to carry or apply any
money to any sinking fund or to any particular
purpose."

(h) See Memorandum, E. A. 1, para. 6, Appendix A.

25. — CI) The provisions set out in the First Provisions
and Second Schedules to this Act relatincr toceedings,

" transfer,

-education committees and manao;ers, and to the etc., appii-

^ ' . cation of

transfer of property and officers, and adjustment, enactments
«haU have effect for the purpose of carrying the
provisions of this Act into effect.

(2) In the application of the Elementary Edu-
cation Acts, 1870 to 1900, and other provisions
referred to in that schedule, the modifications
specified in the Third Schedule to this Act shall
have effect.

(3) The enactments mentioned in the Fourth
Schedule to this Act shall be repealed to the
extent specified in the third column of that
schedule.

26. For the purposes of this Act the Council ^f^lJJt ^^^^
of the Isles of Scilly shall be the local education f^l^^^^^
authority for the Scilly Islands, and the expenses
of the council under this Act shall be general
expenses of the council.

140

Education Act, 1902.

Extent,
commence
ment, and
short title.

Sect. 27. 27.— (1) This Act shall not extend to Scotland
or Ireland, or, except as expressly provided, to
London.

(2) This Act shall, except as expressly provided,
come into operation on the appointed day (a),
and the appointed day shall be the twenty-sixth
day of March nineteen hundred and three, or such
other day, not being more than eighteen months
later, as the Board of Education may appoint,
and different days may be appointed for different
purposes and for different provisions of this Act,
and for different councils.

(3) The period during which local authorities
may, under the Education Act, 1901, as renewed by
the Education Act, 1901 (Renewal) Act, 1902 (/>),
empower school boards to carry on the work of
the schools and classes to which those Acts relate
shall be extended to the appointed day, and in the
case of London to the twenty-sixth day of March
nineteen hundred and four.

(4) This Act may be cited as the Education
Act, 1902, and the Elementary Education Acts,.
1870 to 1900, and this Act may be cited as the
Education Acts, 1870 to 1902.

(a) See Circular of the Board, 474, p. 213.

(6) These Acts allowed certain continuation schools and
evening classes, the expenses for which were disallowed
under the Cockerton judgment, to be carried on temporarily.

1 Edw. 7,

C. 11.

2 Edw. 7,
C. 19.

Provision as to Committees and Managers. 141

Sched. 1.

SCHEDULES.

FIEST SCHEDULE. section 25.

Provision as to Education Committees and
Managers.

A. — Education Conwiittees.

(1) The council by whom an education committee
is established may make regulations as to the
quorum, proceedings, and place of meeting of that
committee, but, subject to any such regulations,
the quorum, proceedings, and place of meeting of
the committee shall be such as the committee
determine.

(2) The chairman of the education committee at
any meeting of the committee shall, in case of an
equal division of votes, have a second or casting
vote.

(3) The proceedings of an education committee
shall not be invalidated by any vacancy among its
members or by any defect in the election, appoint-
ment, or qualification of any members thereof.

(4) Minutes of the proceedings of an education
committee shall be kept in a book provided for that
purpose, and a minute of those proceedings, signed
at the same or next ensuing meeting by a person
describing himself as, or appearing to be, chairman
of the meeting of the committee at which the
minute is signed, shall be received in evidence
without further proof.

142 Education Act, 1902.

Sched. 1. (5) Until the contrary is proved, an education
committee shall be deemed to have been duly
constituted and to have power to deal with any
matters referred to in its minutes.

(6) An education committee may, subject to any
directions of the council, appoint such and so many
sub-committees, consisting either wholly or partly
of members of the committee, as the committee
thinks fit.

B. — Managers.

(1) A body of managers may choose their chair-
man, except in cases where there is an ex ofi&cio
chairman, and regulate their quorum and proceed-
ings in such manner as they think fit, subject, in
the case of the managers of a school provided by
the local education authority, to any directions of
that authority.

Provided that the quorum shall not be less than
three, or one-third of the whole number of managers,
whichever is the greater.

Managers are not given power to appoint committee*
though education committees are. Managers may, however,
be grouped (s. 12).

(2) Every question at a meeting of a body of
managers shall be determined by a majority of the
votes of the managers present and voting on the
question, and in case of an equal division of votes
the chairman of the meeting shall have a second
or casting vote.

(3) The proceedings of a body of managers shall
not be invalidated by any vacancy in their number,
or by any defect in the election, appointment, or
qualification of any manager.

Provision as to Committees axd Managers. 143

(4) The body of managers of a school provided Sched. 1.
by the local education authority shall deal with

such matters relating to the management of the
school, and subject to such conditions and restric-
tions, as the local education authority determine.

(5) A manager of a school not provided by the
local education authority, appointed by that autho-
rity or by the minor local authority, shall be
removable by the authority by whom he is
appointed, and any such manager may resign his
office.

(6) The body of managers shall hold a meeting
at least once in every three months.

(7) Any two managers may convene a meeting
of the body of managers.

(8) The minutes of the proceedings of every body
of managers shall be kept in a book provided for
that purpose.

(9) A minute of the proceedings of a body of
managers, signed at the same or the next ensuing
meeting by a person describing himself as, or
appearing to be, chairman of the meeting at which
the minute is signed, shall be received in evidence
without further proof.

(10) The minutes of a body of managers shall
be open to inspection by the local education
authority.

(11) Until the contrary is proved, a body of
managers shall be deemed to be duly constituted
and to have power to deal with the matters referred
to in their minutes.

144 Education Act, 1902.

Sched. 2.

Section 25.

SECOND SCHEDULE.

Provisions as to Transfer of Property and
Officers, and Adjustment.

(1) The property, powers, rights, and liabilities
(including any property, powers, rights, and liabili-
ties vested, conferred, or arising under any local
Act or any trust deed) of any school board or school
attendance committee existing at the appointed day
shall be transferred to the council exercising the
powers of the school board.

As to transfers of cash balances, see Circular 475, p. 218.

(2) Where, under the provisions of this Act, any
council relinquishes its powers and duties in favour
of a county council, any property or rights acquired
and any liabilities incurred, for the purpose of the
performance of the powers and duties relinquished,
including any property or rights vested or arising, or
any liabilities incurred, under any local Act or trust
deed, shall be transferred to the county council.

(3) Any loans transferred to a council under this
Act shall, for the purpose of the limitation on the
powers of the council to borrow, be treated as
money borrowed under this Act.

(4) Any liability of an urban district council
52 & 53 Vict, incurred under the Technical Instruction Acts,
54 & 55 Vict ^^^^ ^^^ 1891, and charged on any fund or rate,
^- ^- shall, by virtue of this Act, become charged on the

fund or rate out of which the expenses of the
council under this Act are payable, instead of on
the first-mentioned fund or rate.

(5) Section two of this Act shall apply to any
balance of the residue under section one (a) of the

Provisions as to Transfer of Property, etc. 145

Local Taxation (Customs and Excise) Act, 1890, Sched. 2.
remaining unexpended and unappropriated by any 53 & 54 vict.
council at the appointed day. ^'^^'

(a) Section 1 (1) and (4) of the Local Taxation (Customs
and Excise) Act, 1890 (c. 60), is as follows, sub-ss. (2) and
(3) being repealed :

" 1. — (1) Out of the English share of the local taxation
(customs and excise) duties paid to the local taxation
account on account of any financial year —

"(a) The sum of three hundred thousand pounds shall
be applied for such purposes of police super-
annuation in England as herein-after mentioned ;
"(b) The residue shall, unless Parliament otherwise
determines, be distributed between county and
county borough funds, and carried to the Ex-
chequer contribution accounts of those funds
respectively, and applied under the Local Govern-
ment Act, 1888, as if it were part of the English
share of the local taxation probate duty, and shall
be the subject of an adjustment between counties
and county boroughs, according to section thirty -
two of the said Act, by the Commissioners under
that Act."
•'(4) The council for any county to which the "Welsii
Intermediate Education Act, 1889, applies may contribute
any sum received by such council under this section in
respect of the said residue or any part of that sum towards
intermediate and technical education under that Act, in
addition to the amount which the council can under that
Act contribute for such education."

(6) Where the liabilities of a school board trans-
ferred to the local education authority under this
Act comprise a liability on account of money
advanced by that authority to the school board,
the Local Government Board may make such
orders as they think fit for providing for the repay-
ment of any debts incurred by the authority for
the purposes of those advances within a period
fixed by the order, and, in case the money advanced
to the school board has been money standing to
the credit of any sinking fund or redemption fund

E.A. L

146 Education Act, 1902.

Sched. 2. or capital money applied under the Local Govern-
5i&^nct.ment Acts, 1888 and 1894, or either of them, for
^' *^- the repayment to the proper fmid or account of the

56 & 57 Vict. ^, -' T ,

c. 73. amount so advanced.

Any order of the Local Government Board made

under this provision shall have effect as if enacted

in this Act.

(7) Where a district council ceases by reason of

this Act to be a school authority within the meaning

56 & 57 Vict, of the Elementary Education (Blind and Deaf

g^^^'egyi,^ Children) Act, 1893, or the Elementary Education

C.32. (Defective and Epileptic Children) Act, 1899, any

property or rights acquired and any liabilities

incurred under those Acts shall be transferred to

the county council, and, notwithstanding anything

in this Act, the county council may raise any

expenses incurred by them to meet any liability of

a school authority under those Acts (whether a

district council or not), and transferred to the

county council, off the whole of their area, or off

any parish or parishes which in the opinion of the

council are served by the school in respect of which

the liability has been incurred.

(8) Sections eighty-five to eighty-eight {a) of the

56 & 57 Vict. Local Government Act, 1894 (which contain tran-

^'^^' sitory provisions), shall apply with respect to any

transfer mentioned in this schedule, subject as

follows :

(a) Eeferences to " the appointed day " (b) and to

*'the passing of this Act" shall be con-
strued, as respects a case of relinquish-
ment of powers and duties, as references
to the date on which the relinquishment
takes effect ; and

(b) the powers and duties of a school board or

school attendance committee which is

Provisions as to Transfer of Property, etc. 147

abolished, or a council which ceases Sched. 2.
under the provisions of this Act to
exercise powers and duties, shall be
deemed to be powers and duties trans-
ferred under this Act ; and
(c) sub-sections four and five of section eighty-
five shall not apply.

(a) Sections 85 to 88 of the Local Government Act, 1894
(c. 73), are as follows :

"85. — (1) Every rate and precept for contributions
made before the appointed day may be assessed, levied,
and collected, and proceedings for the enforcement thereof
taken, in like manner as nearly as may be as if this Act
had not passed.

" (2) The accounts of all receipts and expenditure before
the appointed day shall be audited, and disallowances,
surcharges, and penalties recovered and enforced, and
other consequential proceedings had, in like manner as
nearly as may be as it this Act had not passed, but as soon
as practicable after the appointed day ; and every autho-
rity, committee, or officer whose duty it is to make up any
accounts, or to account for any j^ortion of the receipts or
expenditure in any account, shall, until the audit is
completed, be deemed for the purpose of such audit to
continue in office, and be bound to perform the same
duties and render the same accounts and be subject to the
same liabilities as before the appointed day.

" (3) All proceedings, legal and other, commenced before
the appointed day, may be carried on in like manner, as
nearly as may be, as if this Act had not passed, and any
such legal proceeding may be amended in such manner as
may appear necessary or proper in order to bring it into
conformity with the provisions of this Act.

" (4) Every valuation list made for a parish divided by
this Act shall continue in force until a new valuation list
is made.

" (5) The change of name of an urban sanitary authority
shall not affect their identity as a corporate body or derogate
from their powers, and any enactment in any Act, whether
public general or local and personal, referring to the mem-
bers of such authority shall, unless inconsistent with this
Act, continue to refer to the members of such authority
under its new name.

"86. — (1) Nothing in this Act shall prejudicially affect
any securities granted before the passing of this Act on
the credit of anv rate or property transferred to a council
L 2

148

Education Act, 1902.

Note.

Sched. 2. or parish meeting by tliis Act ; and all such securities, as
well as all unsecured debts, liabilities, and obligations
incurred by any authority in the exercise of any powers or
in relation to any i^roperty transferred from them to a
council or parish meeting shall be discharged, paid, and
satisfied by that council or parish meeting, and where for
that purpose it is necessary to continue the levy of any
rate or the exercise of any power which would have existed
but for this Act, that rate may continue to be levied and
that power to be exercised either by the authority who
otherwise would have levied or exercised the same, or by
the transferee as the case may require.

"(2) It shall be the duty of every authority whose
powers, duties, and liabilities are transferred by this Act
to liquidate so far as practicable before the appointed day,
all current debts and liabilities incurred by such authority.

"87. All such byelaws, orders, and regulations of any
authority, whose powers and duties are transferred by this
Act to any council, as are in force at the time of the
transfer, shall, so far as they relate to or are in pursuance
of the powers and duties transferred, continue in force as
if made by that council, and may be revoked or altered
accordingly.

" 88. — (1) If at the time when any powers, duties,
liabilities, debts, or property are by this Act transferred
to a council or parish meeting, any action or proceeding,
or any cause of action or proceeding is pending or existing
by or against any authority in relation thereto the same
shall not be in anywise prejudicially affected by the passing
of this Act, bat may be continued, prosecuted, and enforced
by or against the council or parish meeting as successors of
the said authority in like manner as if this Act had not
been passed.

" (2) All contracts, deeds, bonds, agreements, and other
instruments subsisting at the time of the transfer in this
section mentioned, and affecting any of such powers, duties,
liabilities, debts, or property, shall be of as full force and
effect against or in favour of the council or parish meeting,
and may be enforced as fully and effectually as if, instead
of the authority, the council or parish meeting had been a
party thereto."

(h) See Circular of the Board, 474, p. 213, as to the
appointed day when the Act is to come into operation.

(9) The disqualification of any persons who are,
at the time of the passing of this Act, members of
any council, and who will become disqualified for
office in consequence of this Act, shall not, if the

Provisions as to Transfer of Property, etc. 149

council so resolve, take effect until a day fixed by Sched. 2.
the resolution, not being later than the next ordinary
day of retirement of councillors in the case of a
county council, the next ordinary day of election of
councillors in the case of the council of a borough,
and the fifteenth day of April in the year nineteen
hundred and four in the case of an urban district
council.

(10) No election of members of a school board
shall be held after the passing of this Act, and
the term of office of members of any school board
holding office at the passing of this Act, or appointed
to fill casual vacancies after that date, shall con-
tinue to the appointed day, and the Board of
Education may make orders with respect to any
matter which it appears to them necessary or
expedient to deal with for the purpose of carrying
this provision into effect, and any order so made
shall operate as if enacted in this Act. (a)

(11) Where required for the purpose of bringing
the accounts of a school to a close before the end of
the financial year of the school, or for the purpose
of meeting any change consequent on this Act, the
Board of Education may calculate any parliamen-
tary grant in respect of any month or other period
less than a year, and may pay any parliamentary
grant which has accrued before the appointed day at
such times and in such manner as they think fit.

(12) Any parliamentary grant payable (b) to a
public elementary school not provided by a school
board in respect of a period before the appointed day
shall be paid to the persons who were managers of
the school immediately before that day, and shall
be applied by them in payment of the outstanding
liabilities on account of the school, and so far as
not required for that purpose shall be paid to the

150 Education Act, 1902.

Sched. 2. persons who are managers of the school for the
purposes of this Act and shall be applied by them
for the purposes for which provision is to be made
under this Act by those managers, or for the benefit
of any general fund applicable for those purposes :
Provided that the Board of Education may, if they
think fit, pay any share of the aid grant under the

60 & 61 Vict. Voluntary Schools Act, 1897 (c), allotted to an asso-
ciation of voluntary schools, to the governing body of
that association, if such governing body satisfy the
Board of Education that proper arrangements have
been made for the application of any sum so paid.

(«) See note (a) to s. 5 above, p. 102.

(b) As to grants under the Voluntary Schools Act, 1897,
see Circular 472, p. 204. Where there is a recognised
association under the Act, the grant is paid to the asso-
ciation, not to the school (s. 1 (3) ).

" 1. — (1) For aiding voluntary schools there shall be
annually paid out of moneys provided by Parliament an
aid grant, not exceeding in the aggregate five shillings per
scholar for the whole number of scholars in those schools."

Any balances of grants handed over to the new man-
agers, on the Act coming into operation, must be applied,
either directly for the expenses (foundation and not main-
tenance) for which "provision must be made by those
managers," i.e., in respect of their own school ; or may be
handed over by them to a general fund, such as a Diocesan
Association (see Circular 472, p. 209), "for those purposes''
— that is, for foundation expenses in their own school :
the Diocesan Association could only hold the balance as
bankers, and could not adjust balance between different
schools.

(13) Any school which has been provided by a
school board or is deemed to have been so provided
shall be treated for the purposes of the Elementary
Education Acts, 1870 to 1900, and this Act, as a
school which has been provided by the local educa-
tion authority, or w^hich is deemed to have been so
provided, as the case may be.

Provisions as to Transfer of Property, etc. 151

(14) The local education authority shall be Sched. 2.
entitled to use for the purposes of the school any
school furniture and apparatus belonging to the
trustees or managers of any public elementary
school not provided by a school board, and in use

for the purposes of the school before the appointed
day.

(15) During the period between the passing of
this Act and the appointed day, the managers of
any public elementary school, whether provided by
a school board or not, and any school attendance
committee, shall furnish to the council, which will
on the appointed day become the local education
authority, such information as that council may
reasonably require.

(16) The officers of any authority whose property,
rights, and liabilities are transferred under this Act
to any council shall be transferred to and become
the officers of that council, but that council may
abolish the office of any such officer whose office
they deem unnecessary.

(17) Every officer so transferred shall hold his
office by the same tenure and on the same terms
and conditions as before the transfer, and while
performing the same duties shall receive not less
salary or remuneration than theretofore, but if any
such officer is required to perform duties which are
not analogous to or which are an unreasonable
addition to those which he is required to perform
at the date of the transfer, he may relinquish his
office, and any officer who so relinquishes his office,
or whose office is abolished, shall be entitled to
compensation under this Act.

(18) A council may, if they think fit, take into
account continuous service under any school boards

152 Education Act, 1902.

Sched. 2. or school attendance committees in order to calcu-
late the total period of service of any officer entitled
to compensation under this Act.

(19) If an officer of any authority to which the
J%«^ 60 Vict. Poor Law Officers' Superannuation Act, 1896, ap-
plies (a) is under this Act transferred to any council,
and has made the annual contributions required to
be made under that Act, the provisions of that Act
shall apply, subject to such modifications as the
Local Government Board may by order direct for
the purpose of making that Act applicable to the
case.

(a) Section 2, paragraph 1, of the Poor Law Ofl&cers
Superannuation Act, 1896 (c. 50), provides that :

" 2. Subject to the provisions of this Act, every officer
and servant in the service or employment of the guardians
of a union or parish who shall become incapable of dis-
charging the duties of his office with efficiency, by reason
of permanent infirmity of mind or body, or of old age, or
who shall have attained the age of sixty years and have
completed an aggregate service of forty years, or who shall
have attained the lull age of sixty-five years, shall be
entitled on resigning or otherwise ceasing to hold his office
or employment, to receive during life out of the common
fund of the union, a superannuation allowance according
to the scale laid down in this Act."

(20) Any local education authority who have
established any pension scheme, or scheme for the
superannuation of their officers, may admit to the
benefits of that scheme any officers transferred
under this Act on such terms and conditions as
they think fit.

(21) Section one hundred and twenty of the
61 & 62 Vict. Local Government Act, 1888 (a), which relates to

c. 41. .

compensation to existing offiers, shall apply as
respects officers transferred under this Act, and
also (with the necessary modifications) to any other
officers who, by virtue of this Act or anything done

Peovisions as to Transfer of Property, etc. 153

in pursuance or in consequence of this Act, suffer Sched. 2.
direct pecuniary loss by abolition of office or by
diminution or loss of fees or salary, in like manner
as it applies to officers transferred under this Act,
subject as follows :

(a) any reference in that section to the county

council shall include a reference to a
borough or urban district council ; and

(b) references in that section to " the passing of

this Act" shall be construed, as respects
a case of relinquishment of powers and
duties, as references to the date on which
the relinquishment takes effect ; and

construed as a reference to property trans-
ferred; and

(d) any expenses shall be paid out of the fund or

rate out of which the expenses of a council
under this Act are paid, and, if any com-
pensation is payable otherwise than by
way of an annual sum, the payment of
that compensation shall be a purpose for
which a council may borrow for the pur-
poses of this Act.

(ft) Section 120 of the Local Government Act, 1888
(c. 41), provides that :

" 120. — (1) Every existing ofl&cer declared by this Act
to be entitled to compensation, and every other existing
officer, whether before mentioned in this Act or not, who
by virtue of this Act, or anything done in pursuance of or
in consequence of this Act, suffers any direct pecuniary
loss by abolition of office or by diminution or loss of fees
or salary, shall be entitled to have compensation paid to
him for such pecuniary loss by the county council, to whom
the powers of the authority, whose otficer he was, are
transferred under this Act, regard being had to the condi-
tions on which his appointment was made, to the nature
of his office or employment, to the duration of his service,
to any additional emoluments which he acquires by virtue

154 Education Act, 1902.

Sched. 2. of this Act or of anything done in pursuance of or in con-
- sequence of this Act, and to the emoluments which he

INOTE. might have acquired if he had not refused to accept any
office offered by any council or other body acting 'under
this Act, and to all the other circumstances of the case, and
the compensation shall not exceed the amount which,
under the Acts and rules relating to her Majesty's Civil
Service, is paid to a person on abolition of office.

" (2) Every person who is entitled to compensation, as
above mentioned, shall deliver to the county council a
claim under his hand setting forth the whole amount
received and expended by him or his predecessors in office,
in every year during the period of five years next before
the passing of this Act, on account of the emoluments for
which he claims compensation, distinguishing the offices
in respect of which the same have been received, and
accompanied by a statutory declaration under the Statutory
Declaration Act, 1835, that the same is a true statement
according to the best of his knowledge, information, and
belief.

"(3) Such statement shall be submitted to the county
council, who shall forthwith take the same into considera-
tion, and assess the just amount of compensation (if any),
and shall forthwith inform the claimant of their decision.

"(4) If a claimant is aggrieved by the refusal of the
county council to grant any compensation, or by the
amount of compensation assessed, or if not less than one-
third of the members of such council subscribe a protest
against the amount of the compensation as being excessive,
the claimant or any subscriber to such protest (as the
case may be) may, within three months after the decision
of the council, appeal to the Treasury, who shall consider
the case and determine whether any compensation, and if
so, what amount ought to be granted to the claimant, and
such determination shall be final.

"(5) Any claimant under this section, if so required by
any member of the county council, shall attend at a
meeting of the council and answer upon oath, which any
justice present may administer, all questions asked by any
member of the council touching the matters set forth in
his claim, and shall further produce all books, papers, and
documents in his possession or under his control relating
to such claim.

" (6) The sum payable as compensation to any person
in pursuance of this section shall commence to be payable
at the date fixed by the council on granting the compensa-
tion, or, in case of appeal, by the Treasury, and shall be a
specialty debt due to him from the county council, and

Pkovisioxs as to Transfer of Property, etc. 155

may be enforced accordingly in like manner as if the Sched. 2.
council had entered into a bond to pay the same.

"(7) If a person receiving comi^ensation in pursuance •'^ote.
of this section is aj)pointed to any office under the same or
any other county council, or by virtue of this Act, or
anything done in pursuance of or in consequence of this
Act, receives any increase of emoluments of the office held
by him, he shall not, while receiving the emoluments of
that office, receive any greater amount of his compensation,
if any, than, with the emoluments of the said office, is
ec[ual to the emoluments for which compensation was
granted to him, and if the emoluments of the office he
holds are equal to or greater than the emoluments for
which compensation was granted, his compensation shall
be suspended while he holds such office.

" (8) All expenses incurred by a county council in
pursuance of this section shall be j)aid out of the county
fund, as a payment for general county purposes."

Section 100 of the Local Government Act, 1888 (c. 41),
defines "office" to include "any place, situation or
employment, and the expression officer shall be construed
accordingly." The fact that an office is held legally only
at pleasure, though practically for life, does not disentitle
to compensation (R. v. Mayor of Norwich (1838), 8 A. & E.
633). Teachers are "officers." Secretaries and other
officials of voluntary schools, which become provided
schools under the Act, can claim no compensation under
sub-s. (16) above, for the voluntary school managers are
not an " authority whose property, rights, and liabilities
are transferred " to the local education authority : see
Sched. II. (1). They can only claim, if at all, for abolition
under sub-s. (21) as officers, who, by virtue of this Act,
suffer direct pecuniary loss by abolition of office. The
definition of " office " above would be wide enough to
include voluntary school officials ; but the difficulty is that
the word " officer " has been confined in the past to officers
of public bodies. Where Parliament has meant to allow
compensation to officials of private bodies, as in the case of
the London Water Companies, it has expresslv said so
(Metropolis Water Act, 1902 (c. 41), ss. 47, 48). There
is this further difficulty, that if such a voluntary school
official be held to be an "officer," compensation is to be paid
him, under s. 120 of the incorporated Act, by the " council
to whom the powers, whose authority he was, are trans-
ferred." But here it is obvious there is no such transfer ;
see above. But that difficulty appears to have been over-
ruled in West v. Wilts County Council (1893), 10 T. L. R.
19. The final decision in all cases lies with the Treasury,

156 Education Act, 1902.

Sched. 2. to whom appeal lies ; it is impossible to say on what

lines of interpretation the Treasury may proceed. It is

Note, to be noted that if voluntary school officials are once taken
over by the local education authority, they would then
aj)pear to become "officers" under sub-s. (17), and could
then, on subsequent relinquishment or abolition of office,
claim compensation.

As to the scale of compensation allowed, that is pre-
scribed by the Superannuation Acts, 1859 (c. 26), and
1884 (c. 57), and is fixed by the Treasury minute as
follows : For abolition, one-sixtieth of the salary is allowed
for each year of service, with an additional amount of one-
sixtieth for the first five years, rising to ten-sixtieths for
twenty years service and upwards, but in no case is the
compensation to exceed two-thirds of the salary and
emoluments of the office.

56 & 57 Vict. (22) Section sixty-eight of the Local Government
Act, 1894 {a) (which relates to the adjustment of
to property and liabilities), shall apply with respect
any adjustment required for the purposes of this
Act.

(«) See Circular of the Board, 475, p. 218.

Section 68 of the Local Government Act, 1894 (c. 73),
provides that :

"68. — (1) Where any adjustment is required for the
purpose of this Act, or of any order, or thing made or done
under this Act, then, if the adjustment is not otherwise
made, the authorities interested may make agreements for
the purpose, and may thereby adjust any property, income,
debts, liabilities, and expenses, so far as affected by this
Act, or such scheme, order, or thing, of the parties to the
agreement.

"(2) The agreement may pro\dde for the transfer or
retention of any propert}'-, debts, or liabilities, with or
without any conditions, and for the joint use of any
property, and for payment by either party to the agree-
ment in respect of property, debts, and liabilities so
transferred or retained, or of such joint user, and in
respect of the salary or remuneration of any officer or
person, and that either by way of an annual payment or,
except in the case of a salary or remuneration, by way of a
capital sum, or of a terminable annuity for a period not
exceeding that allowed by the Local Government Board :
Provided that where any of the authorities interested is a

Provisions as to Transfer of Property, etc. 157

board of guardians, any such agreement, so far as it relates Sched. 2.

to the joint use of any property, shall be subject to the

approval of the Local Government Board. Note.

" (3) In default of an agreement, and as far as any such
agreement does not extend, such adjustment shall be
referred to arbitration in accordance with the Arbitration
Act, J 889, and the arbitrator shall have power to disallow
as costs in the arbitration the costs of any witness whom
he considers to have been called unnecessarily, and any
other costs which he considers to have been incurred
unnecessarily, and his award may provide for any matter
for which an agreement might have provided.

"(4) Any sum required to be paid by any authority for
the purpose of adjustment may be paid as part of the
general expenses of exercising their duties under this Act,
or out of such special fund as the authority, with the
approval of the Local Government Board, direct, and if it
is a capital sum the payment thereof shall be a purpose
for which the authority may borrow under the Acts
relating to such authority, on ithe security of all or any of
the funds, rates, and revenues of the authority, and any
such sum may be borrowed without the consent of any
authority, so that it be repaid within such period as the
Local Government Board may sanction.

"(5) Any capital sum paid to any authority for the
purpose of any adjustment under this Act shall be treated
as capital, and applied with the sanction of the Local
Government Board, either in the repayment of debt or
for any other purpose for which capital money may be
applied."

THIED SCHEDULE. section 25.

Modification of Acts, etc.

(1) Eeferences to school boards and school
districts shall be construed as references to local
education authorities and the areas for which they
act, except as respects transactions before the
appointed day, and except that in paragraph (2)
of section nineteen (a) of the Elementary Education 39 & 40 vict.
Act, 1876. and in sub-section (1) of section two (6) of

158 Education Act, 1902.

Sched. 3. the Education Code (1890) Act, 1890, references to
53 & 54 Vict, a school district shall, as respects the area of a
local education authority being the council of a
county, be construed as references to a parish.

(a) Paragraph 2 of s. 19 of the Elementary Education
Act, 1876 (c. 79), is as follows :

"(2) Where the jDopulation of the school district in
which the school is situate, or the population within two
miles, measured according to the nearest road, from the
school is less than three hundred, and there is no other
public elementary school recognised by the Education
Department as available for the children of that district,
or that population (as the case may be), a special parlia-
mentary grant may l3e made annually to that school to the
amount, if the said population exceeds two hundred,
of ten pounds, and, if it does not exceed two hundred, of
fifteen pounds."

(6) Sub-section (1) of s. 2 of the Education Code (1890)
Act, 1890 (c. 22), is as follows :

"2. — (1) Where the population of the school district in
which a public elementary school is situate, or the popula-
tion within two miles measured according to the nearest
road from the school, is less than five hundred, and there
is no other public elementary school recognised by the
Education Department as available for the children of
that district or that population (as the case may be), a
special parliamentary grant may be made annually to that
school to the amount of ten pounds."

(2) Eeferences to the school fund or local rate
shall be construed as references to the fund or rate
out of which the expenses of the local education
authority are payable.

(3) In section thirty-eight of the Elementary
Education Act, 1876, references to members of
school board shall be construed as references to
members of the education committee, or of any
sub-committee appointed by that committee for
school attendance purposes.

(4) The power of making byelaws shall (where
the local education authority is a county council)

Modification of Acts, etc. 159

include a power of making different byelaws for Sched. 3.
different parts of the area of the authority.

(5) The following provision shall have effect in

lieu of section five of the Elementary Education '^K^ ^^ "^i^^^-
Act, 1891 :

" 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."

(6) The words " in the opinion of the Board of
Education " shall be substituted for the words " in
their opinion " in the first paragraph of section
eighteen of the Elementary Education Act, 1870 {a) . IW^^ ^^'*-

(a) The first paragraph of s. 18 of the Elementary
Education Act, 1870 (c. 75), is as follows :

" 18. The school board shall maintain and keep efficient
every school provided by such board, and shall from time
to time provide such additional school accommodation as
is, in their opinion, necessary in order to supply a sufficient
amount of public school accommodation for their district.^'

(7) Section ninety-nine (a) of the Elementary
Education Act, 1870, shall apply to the fulfilment
of any conditions, the performance of any duties,
and the exercise of any powers under this Act as
it applies to the fulfilment of conditions required in
pursuance of that Act to be fulfilled in order to
obtain a parliamentary grant.

(a) Section 99 of the Elementary Education Act, 1870,
provides as follows :

"99. The managers of every elementary school shall
have power to fulfil the conditions required in pursuance
of this Act to be fulfilled in order to obtain a parliamen-
tary grant, notwithstanding any provision contained in
any instrument regulating the trusts or management of
their school, and to apply such grant accordingly."

160 Education Act, 1902.

Sched. 3. (8) A reference to the provisions of this Act as
to borrowing shall be substituted in section fifteen
of the Elementary Education Act, 1876, for the

36 & 37 Vict, reference to section ten of the Elementary Educa-

^•^^- tion Act, 1873, and a reference to the Local

Government Board shall be substituted for the
second reference in that section to the Education
Department, and also for the reference to the
Education Department in section five of the

56 & 57 Vict. Elementary Education (Blind and Deaf Children)
Act, 1893.

(9) A reference to the provisions of this Act
relating to the enforcement of the performance of
the local education authority's duties by man-
damus shall be substituted in section two of the

43 & 44 Vict. Elementary Education Act, 1880, for the reference

c. 23.

39 & 40 Vict *° section twenty-seven of the Elementary Educa-
c-79 "tion Act, 1876.

(10) The substitutions for school boards, school
districts, school fund, and local rate made by this
schedule shall, unless the context otherwise
requires, be made in any enactment referring to
or applying the Elementary Education Acts, 1870
to 1900, or any of them, so far as the reference or
application extends.

(11) Eeferences in any enactment or in any
provision of a scheme made under the Charitable
Trusts Acts, 1853 to 1894, or the Endowed Schools
Acts, 1869 to 1889, or the Elementary Education
Acts, 1870 to 1900, to any provisions of the

52 & 53 Vict. Technical Instruction Acts, 1889 and 1891, or
r*. /-= TT- . either of those Acts shall, unless the context

54 & o5 Vict. '

c-4- otherwise requires, be construed as references to

the provisions of Part II. of this Act, and the

Modification of Acts, etc. 161

provisions of this Act shall apply with respect Sched. 3.
to any school, college, or hostel established, and
to any obligation incurred, under the Technical
Instruction Acts, 1889 and 1891, as if the school,
college, or hostel had been established or the
obligation incurred under Part II. of this Act.

(12) The Local Government Board may, after
consultation with the Board of Education, by order
make such adaptations in the provisions of any
local Act (including any Act to confirm a Pro-
visional Order and any scheme under the Muni-45&46yict.

•^ C. 50.

cipal Corporations Act, 1882, as amended by any
subsequent Act) as may seem to them to be
necessary to make those provisions conform with
the provisions of this Act, and may also in like
manner, on the application of any council who
have power as to education under this Act and
have also powers as to education under any local
Act, make such modifications in the local Act as
will enable the powers under that Act to be
exercised as if they were powers under this Act.

Any order made under this provision shall
operate as if enacted in this Act.

E.A.

162

Education Act, 1902.

Section 25.] FOUETH SCHEDULE.

Enactments Repealed.
Tart I.

Session and
Chapter.

52 & 53 Vict. c. 76 -

53 & 54 Vict. c. 60

54 & 55 Vict. c. 4

Short Title.

The Technical
Instruction Act,
1889.

The Local Tax-
ation (Customs
and Excise)
Act, 1890.

The Technical
Instruction Act.
1891.

Extent of Repeal.

The whole Act.

In section one, sub-sections two
and three.

The whole Act.

Part II.

Session and
Chapter.

Short Title.

Extent of Repeal.

33 & 34 Vict. c. 75 -

The Elementary
Education Act,
1870.

Section four ; section five except
so far as it defines public school
accommodation ; section six ;
sections eight to thirteen ; sec-
tions fifteen and sixteen ; section
eighteen from " If at any time "
to the end of the section ; in
section nineteen the words
" whether in obedience to any
requisition or not " ; sections
twenty -nine to thirty-four ; in
section thirty-five the words " a
clerk and a treasurer and other "
and the words from " but no
such appointment " to " member
of the board " ; sections forty to
forty-eight ; sections forty-nine
to fifty-one ; in section fifty-two
the words " under the provisions
of this Act with respect to
the appointment of a body of

Enactments Repealed.

163

Session and
Chapter.

33 & 34 Vict. c. 75

36 & 37 Vict. c. :

37 & 38 Vict. c. 90 ■

39 & 40 Vict. c. 79 -

Short Title.

The Elementary
Education Act,
1870 — cont.

Extent of Repeal.

The Elementary-
Education Act,
1873.

The Elementary
Education
(Orders) Act,
1874.

The Elementary
Education Act,
1876.

managers " ; sections fifty-three
to fifty-six ; sections sixty to
sixty-six ; in section sixty-nine
the words " in the metropolis "
and the words from " appointed
under this Act" to "returns
under this Act " ; in section
seventy-three the words " of the
school district " the words from
" (if any) or if " to " inquiry
relates," and the words " or if
there is no school board as a debt
due from the rating authority " ;
sections seventy - seven and
seventy-nine ; sections eighty-
seven, eighty-eight, and ninety ;
section ninety-three ; the first
proviso of section ninety-seven ;
the First Schedule ; the Second
Schedule, except the Third Part ;
the Third Schedule.

Sections five to twelve ; sections
seventeen and eighteen ; sections
twenty-one and twenty-six ; the
First Schedule ; the Second
Schedule ; the Third Schedule.

The whole Act.

Section seven, from " and (2) in
every " to " appointing the com-
mittee," and the words " and
school attendance comiiiittee " ;
in section fifteen the words
"not exceeding fifty" ; section
twenty-one ; section twenty-
three to "or pay any fees";
section twenty-seven ; in section
twenty-eight, the words "but
subject in the case of a school
attendance committee to the ap-
proval herein-after mentioned "
and the words " or the otficers
of the council or guardians
by whom the committee are
appointed " ; sections thirty,
thirty-one, thirty-two, thirty-

M 2

164

Education Act, 1902.

Session and
Chapter.

39 & 40 Vict. c. 79

43 & 44 Vict. c. 23 -

53 & 54 Vict. c. 22-

54 & 55 Vict. c. 56 -
56 & 57 Vict. c. 42 -

59 & 60 Vict. c. 16 -

60 & 61 Vict. c. 5 -
60 & 61 Vict. c. 16-

62 & 63 Vict. c. 32 -

63 k 64 Vict. c. 53 -

Short Title.

The Elementary
Education Act,
lS76—cont.

The Elementary

Education Act,

1880.
The Education

Code (1890)

Act, 1890.
The Elementary

Education Act,

1891.
The Elementary

Education

(Blind and Deaf

Children) Act,

1893.
The Agricultural

Rates Act,1896.

The Voluntary
Schools Act,
1897.

The Elementary
Education Act,
1897.

The Elementary
Education (De-
fectiveand Epi-
leptic Children)
Act, 1899.

The Elementary
Education Act,
1900.

Extent of Repeal.

three (except as applied by this
Act), and thirty-four ; section
thirty-six ; in section thirty-
seven the words " or local
authority " ; in section thirty-
eight the words •' or local autho-
rity " and " or school attendance
committee " ; sections forty-one,
forty-two, forty-three, and forty-
four ; section forty -nine ; the
Second Schedule ; the Third
Schedule.
Section three.

Section one.

Sections five, six, and seven.

Section four from "(b) for an
area " to the end of the section.

Sub-sections (3) and (4) of section
five.

Section six.

In section seven the words " a
school board for a school district
which is a parish or," and sub-
section (3).

Section one.

The whole Act.

In section six the proviso.

Section three.

( 165 )

APPENDIX A.

MEMORANDA AND CIRCULARS OF THE
BOARD OF EDUCATION.

PAGE

1. — Memorandum as to Foundation Managers

E.A. 1...166

2. — Form of application to Board to appoint
Managers (also recommendatio7i of the
National Societij for insertion in the appli-
cation) F.A.2,..l74:

3. — Interim order for appointment of Managers

under s. 11 E.A. Order {Provisional) 1...181

4. — Memorandum as to Education Committees

Feb. 9, 1903.... 182

5. — Memorandum as to Endowments E.A. 7. ..189

6. — Form of application for advice or direction as

to Endowments ^.^.8. ..193

7. — Memorandum as to Schools held by private

owners ^.^.13.. .199

8. — Circular as to powers and duties of a County

Council Circular 470. ..201

9. — Circular as to Associations of Voluntary

Schools Circular 47 2... 209

10. — Circular as to the appointed day when the Act

is to come into operation Circular 474. ..213

11. — Circular as to payment of grants before the

appointed day Circular 477. . .215

12. — Circular to School Boards Circular 475... 218

166 Appendix A.

Appndx.

A. I. [N.B. — Footnotes to the folloioing Memoranda and Circulars
of the Board of Education are often inserted hy the
Board themselves ; footnotes inserted hy the Editors
are signed Edd.]

MEMORANDUM (a).

E.A. L
Board of Education,

Whitehall, S.W.

^Qth December, 1902.

EDUCATION ACT, 1902, SECTION 11.
Foundation Managers.

1. The Education Act, 1902, materially alters the
conditions under which voluntary public elementary
schools are at present managed, and this preliminary
memorandum has been prepared by the Board of Educa-
tion in order to assist owners, trustees, and managers of
such schools to decide whether they will apply for an
order under section 11 of the Act, and in order to facili-
tate the work of making and considering such ap^^lications.
It must be regarded as subject to such modification as.
further experience may show to be necessary.

New con- 2. Every such voluntary school will henceforth be

manage- managed by a body normally consisting of six persons, of
authori^i^?^ whom four will be " foundation managers " representing
managers.
" Founda-
tion

manafers." ment under the Act is the chief subject of this memo-
randum. The remaining two managers will be represen-
tative of local authorities. (As regards the possibility
of a larger number of managers than six, see below,
paragraph 17 (a).) The "foundation managers" will,

(a) This memorandum only relates to powers of appointing
managers under s. 11. That section gives no power to recon-
stitute the trust deeds in any other respects. — Edd.

managers, the interests of those bv whom the school was established

"Founda- " c ^ >

tion or IS at present managed. The manner oi their appoint-

Memorandum as to Foundation Managers. 167

although appointed in a different manner, act together Appndx.
with the two other managers for all the purposes of -A- ^•
conducting a public elementary school and with them will
compose the body which is spoken of in the Act as " the
managers of the schools."

3. If the school has a "trust deed" (an expression "Founda-
explained below, paragraph 6), and the deed permits of mTiiagers"
the appointment of four foundation managers and gives ™"^J^jJjgj
sufficient and practicable directions as to the manner of

their appointment, the intervention of the Board will not
usually be required, and the present managers will only
have to see that four such managers are properly appointed
to act with the two other managers. If, however, this is
not the case, then the proper course for the present owners
or trustees or managers is to apply to the Board of Educa-
tion for an order under section 11 of the Act for the
purposes of meeting the case. It is expected that such an
order will be found necessary for a large majority of
voluntary schools. Any failure to make or delay in
making application where such is necessary, may result
in serious embarrassment and inconvenience to the district
served by the school.

If the owners or trustees or managers do not think fit
to apply to the Board for such an order within three
months of the passing of the Act, the local education
authority, or any person interested, may after that period
make application.

4. It is to be remembered that (except in the case of Tnistees

such privately-owned schools as are the absolute property nSiiagers

of the owner, and are subject to no trusts whatsoever), ^^^^.g^J^,

managers and trustees of elementary schools usually hold close
*i 1 1 • . • -. -. -I schools.

the school premises upon trust, either themselves to carry

on a school therein or to permit it to be carried on. It is

therefore not open to either body, or even to both bodies

acting together, to close the school as or when they please.

An attempt to close the school capriciously or for insutfi-

cient reasons may involve the consequences attendant on

168 Appendix A.

Appndx. a breacli of trust (6). If trustees or managers are unable or
A. I. unwilling to carry on the school it is their duty at once
to apply to the Board of Education (who for this purpose
may exercise the powers formerly possessed by the Charity
Commissioners) to be relieved of their trust or for direction
in the matter.

The following paragraphs of this memorandum assume
that it is intended to carry on the school in accordance
with the trusts, except in so far as those trusts are modified
by the Act.

Sectiouii. 5. Section 11 provides that "if it is shown to the satis-
faction of the Board of Education that the provisions of
the trust deed as to the appointment of managers are in
any respect inconsistent w^ith the provisions of this Act, or
insufficient or inapplicable for the purpose, or that there
is no such trust deed available, the Board of Education
shall make an order under this section for the purpose of
meeting the case."

Trust deeds. 6. Under section 24 (5) the expression " trust deed "
includes " any instrument regulating the trusts or manage-
ment of a school."

For the purposes of the Act therefore the term "trust
deed" includes not only deeds in the ordinary sense, but
also any of the following instruments if they provide for
the appointment of trustees or give directions for the
management of a school or its endow^ment, viz. :

(i) Orders of the Court of Chancery ;
(ii) Orders of a county court under the Charitable

Trusts Acts, 1853 and 1860 ;
(iii) Orders of the Charity Commissioners ;
(iv) Schemes made under the Endowed Schools Acts ;

(J) This paragraph requires some explanation. See above,
Transition Period, p. 86. In any case the Attorney- General or
the Board, the Attorney-General being a party, would have to
consent to an action for a breach of trust in such a case. — Edd.

Memorandum as to Foundation Managers. 169

(v) Schemes made by tlie Education Department under Appndx.
section 75 of the Elementary Education Act of -A- !•
1870 ;
(vi) In the case of privately-owned schools, a lease or
agreement in writing by which a school is let to
managers for the purposes of a school may be
usually regarded as a trust deed, and any trust
declared therein attaches to the whole of the
tenants' interest whatever it may be. The proper
course of action in such cases is indicated below
(paragraph 11).

7. Application for an order under section 11 may be Who may
made within three months of the passing of the Act by '^^^^'

■" the existing owners, trustees or managers of a school."
The trustees are those persons in whom the property in
the school premises is now vested. These persons may
also be entitled to act as managers, but in the case of most
elementary schools the two bodies are distinct.

For the purposes of this Act it is indifferent whether
the application is made by the trustees or by the managers,
but in any case the application should be signed by a
majority of the body which applies. It is also obviously
desirable that before applying the managers and trustees
should consult one another, and also the owner if there is
one.

8. Application should be made on the special form pro- Form of
vided for the purpose (Form E. A. 2), and it is important

that full information under the several heads should be
given. Any failure to supply information required may
lead to considerable delay in dealing with the case.
Applications should be either sent directly to the Secre-
tary, Board of Education, "Whitehall, or transmitted
through the secretary of any voluntary school association
to which the school may belong. The latter course is
perhaps the most convenient, in order that the applications
may reach the Board in batches corresponding to geo-
graphical or administrative divisions, and that time may
be saved in dealing with them.

170 Appendix A.

Appndx. 9. In cases where an order is required (see below, para-
A. I. graph 1 7) to adapt the provisions of the deed to the new
Recom- conditions of management created by the Act, and where
meudations. ^jje trust deed departs from the usual type or contains'
unusual provisions as to the management of the school, it
is desirable that special recommendations should be made
by the applicant as to the ]3ro visions to be embodied in
the order. In other cases recommendations may con-
veniently be made (in the case of denominational schools)
in or by reference to one of the forms adopted by the
National Society, or associations of Church of England,
Iloman Catholic, Wesleyan, or other schools. It is desir-
able that where schools have trust deeds of a similar type
uniformity in the provisions relating to the appointment
of foundation managers should be secured, as far as is
possible consistently with due regard to the trust deed and
local circumstances.

No deed, but 10. "Where there is no trust deed and the school is not
trStS^ claimed as private property, but is held on implied trusts
(i.e., such as may .be presumed from usage), it is un-
desirable that the persons now managing the school should
attempt to make a trust deed (c) ; they should either apply
to the Board for an order under section 11 of the Act, or,
in case of doubt or difficulty as to their rights and duties,
for direction under the Charitable Trusts Acts.

Existing n. Where school premises are held by lease or agree-

ment from a private owner, it is not open to the owner,,
pending the term of the tenancy, to modify the trusts on
which the premises are held. In such cases, if the con-
ditions of letting do not allow of the aj^pointment of the
number of foundation managers required by the Act, it
is the duty of the owner or the managers to apply to the
Board for an order under section 11 (see also below,
paragraph 14).

(r?) See notes to s. 11 for power of managers to make
deeds. — Edd.

Memorandum as to Foundation Managers. 171

12. Ill cases of doubt or difficulty where the trust deed Appndx.
is defective or insufficient in any particulars, the trustees •^- I-
should not attemjDt to supplement it by a new deed, but Defective
should apply for direction to the Board of Education ^eei.
(exercising the powers formerly belonging to the Charity
Commissioners in respect of purely educational endow-
ments).

13. The defects in a deed may be cured by an order Schemes,
under section 11 ; where this is not possible it is open to

the trustees to ajDply to the Board of Education for a
scheme, but no schemes will be made at present unless
it is clearly shown that an order would be insufficient to
secure the proper management of the school.

14. Where school premises are the property and in the No trusts-
possession of a private owner free from any trusts, express which ^are
or implied, for educational purposes, several courses are '^,^.Q'^,gj,*^ ^^
open to him (d). ^'wner

(i) He may retain them in his own hands and as his
absolute property, permitting them to be used
by managers appointed by himself. In this case,
as there is no trust deed, he will have to apply
to the Board of Education for an order appointing
foundation managers. This course is perhaps
the least convenient.

(ii) He may execute a declaration of trust making
himself, either alone or jointly with others,
trustee of the school, either in perpetuity or for
a fixed period.

(iii) He may convey the school to trustees in perpetuity.

(iv) He may let the school to managers by lease or
agreement for a term of years, or from year to
year, at a nominal or a substantial rent. This

(rf) See above, p. 91, and E.A. 13, p. 199, below. — Edd.

172 Appendix A.

Appndx. rent must now be paid by the managers out of

A. I. funds other than those provided by the local

education authority, and must not be charged in
the school accounts.

In the second, third, and fourth cases above-mentioned
he may insert in the trust deed, lease or agreement, such
provisions as to management and mode of appointing
managers as he thinks fit. If these provisions are con-
sistent with and sufficient for the purposes of the Act, no
order under section 11 will be required. It is obviously
desirable that in any case he should act under competent
legal advice, and the Board of Education cannot undertake
to advise an owner as to the manner in which he should
carry out his intention.

It may be noted that if the owner lets the school to a local
education authority it becomes a " provided " school subject
to the " Cowper-Temple clause," and all the other provisions
of the Act applicable to such schools will attach to it.
The relations between the owner and the local authority
will be merely those of landlord and tenant.

Lost deed. 15. An order under section 11 will be required in all
cases where there is no trust deed or where the trust deed
is not available. Where a trust deed is known to have
existed, every effort should be made to discover it (e).
Where the trust deed cannot be found, particulars should
be given in the application form of any draft, abstract, or
other documents from which the trusts of the school may
be collected.

Where deed 16. Where no trust deed is known to have existed, it is

existed. important that full particulars of the usage which has

prevailed in the management of the school at different

periods should be supplied. The direction contained in

section 11 (4) that the Board " shall have regard to . . .

(e) See above, p. 94, as to Searches in the Record Office for
Lost Deeds.— Edd.

Memorandum as to Foundation Managers. L73

the principles on which the education given in the school Appndx.
has been conducted in the past," is specially applicable to ^' ■*■•
such cases.

17. It is apprehended that where there is a trust deed Order

an order will usually be required in the following cases : supplement

deed.

(a) Where the trust deed contemplates a number of

managers either greater or less than four.

Four is the normal number of foundation managers Number of
contemplated by the Act and will usually be managers.
found the most convenient. Under the pro-
visions, however, of section 6 (3) (b), the local
education authority may increase the total
number of managers, the foundation managers
and local authority's managers being proportion-
ately increased. In the circumstances to which
section 6 (2) (b) of the Act applies (viz., where
the local education authority are the council of a
borough or urban district) the number of managers
of the two classes respectively might be 6 and 3 ;
but where the local education authority are the
council of a county, the number of managers
must be increased (if increase is thought desirable)
to 8 and 4 respectively, or to some other multiple
of 4 and 2. It will probably be found in most
cases that 12 is an inconveniently large number
of managers. Orders of the Board under sec-
tion 11 will be so drawn as to meet the case of
future increase in the number of managers.

(b) "Where the trust deed gives (i) no directions as

to the appointment of managers, or (ii) such
directions as cannot be fulfilled.

circumstances, the trust deed has become inap-
plicable for the purposes of the management of
the school, or a strict adherence to the letter of
the deed would defeat its intention.

174

Appendix A.

Appndx.
A. I.

Interim
orders.

Clerk.

18. In order to avoid delay in bringing this Part of the
Act into operation, it is probable that most orders under
this section will, in the first instance, be made in the form
of "interim orders," which will not be confirmed until
the local education authorities have had time to make
preparation for tlie proper consideration of the notices
and draft final orders, which, under the section, will be
sent to them as well as to the owners, trustees, and
managers.

In ordinary cases, notices and draft final orders will
also be sent by the Board of Education to the parish
council or parish meeting or other minor local authority
of the area in which the school is situated, as representing
" other persons interested."

19. It will greatly assist the Board if bodies of trustees
and managers will appoint some person to receive and
distribute all notices and orders on their behalf.

Additional copies of this memorandum and of the form of
application under section 11 maij be obtained, free of charge,
from the Board of Educcttion.

* Name some
person
authorised
to receive
draft orders
and notices
on behalf of
the trustees
and
managers.

t Strike out
words not
applicable.

II.

FORM OF APPLICATION TO THE BOAED OF
EDUCATION FOR AN ORDER UNDER S. 11
OF THE EDUCATION ACT, 1902.

E.A. 2.

County .

Parish .

School .

School Number .

*Clerk (name and address).

Association (if any) .

Denomination (if any) .

sh^uid^state ^^'^^ undersigned, being owners, trustees, managers^ of

whether the said school, and having regard to the statement of facts

the}- sign as ' o o

owners,

Form of Application as to Managers.

175

set out below, do hereby apply to the Board of Education Appndx
for an order constituting a body of foundation managers A. II.
under s. 11 of the Education Act, 1902.
As witness our hands this day of

1902.

Recommendations.

trustees or
managers.
The applica-
tion should
be signed by
at least a
inajority of
the trustees
or managers.

t Recom-
mendations
should be
strictly con-
fined to the
following
space.

The applicants recommend that provisions to the follow- Recom-

ing effect should be embodied in the order : may be

made by
[See next form for draft of recommendation suggested by ^Ae reference to

National Society to he inserted here.'] adopted by

the National
Society,
Roman

Statement of Facts. catholic,

Weslej-an,
A. — Form to he used icJiere there is a Trust Deed or o^/ie?" Associations

written instrument declaring the Trusts.
-§ Deed, state —

of which
copies have
previously
been
deposited

(a) date of deed (of conveyance, lease or declaration with the

c ^ ^K " Board of

ot trust) . i:ducation.

(b) date of enrolment (if enrolled) . § if tlie ^^eed

^ ' ^ ' is lost, state

Sites Acts and whether voluntary or for valuable abstract is

. , . ill existence,

consideration .

(d) date of any order of Court of Chancery, county

court. Charity Commissioners appointing trustees,
or affecting the school or its endowment .

(e) whether the deed is in the form of a model deed

of any society or denomination, or places the
school in union with the National or any other
society .

(f) name and address of person having the custody of

the deed, or the j^lace where it is kept .

176

Appendix A.

Appndx.
A. II.

» This head
is to be
filled up if
the school
premises are
held by
lease or
agreement
or at will,
t If the
school pre-
mises were
conveyed to
the vfcar,
church-
wardens or
overseers,
and their
successors
or any of
them, it is
sufficient to
state this
fact, and the
three
following
heads (b),
(c), (d) need
not be filled
up, unless
the deed
has been
modified by
scheme.

2. — * Owner, state —

(a) name and address of owner or lessor or his

agent .

(b) date and term of lease or agreement .

3. — Trustees, state—

(a)t who were the trustees appointed by the deed or

the persons to whom the school premises were

conveyed or leased .

(b) directions given by the deed as to future appoint-

ment of trustees .

trustees .

(d) names and addresses of present trustees (other than

vicar, churchwardens and overseers ex officio) and
mode of appointment .

(e) any special powers given to trustees, e.g.., powers of

acting as or appointing managers .

(f ) if the trustees of the school are as such trustees of

any endowment applicable in connection with the
school, the name of such endowment .

(g) if the original trust deed has been modified by any

scheme, particulars of such scheme .

4. Managers, state —

(a) full number of managers, and the mode of appoint-
ment and qualifications 'prescribed by deed,
Full number.

ex officio
nominated
elected

Total

state qualifying office .

state by whom nominated .

state by whom elected .

denominational qualification

of electors .

qualifying subscription of

electors .

denominational qualification

of managers .

qualifying subscription of
managers .

Form of Application as to Managers.

177

(b) whether the chairman of the managers is elective or Appndx.

ex officio .

(i) legally appointed under ^
deed

(ii) Acting managers not 1
legally appointed,
giving mode of
appointment -

(d) any special powers given to managers .

A. II.

1900. 1901. 1902.

(a) number of subscribers of —

(i) amount specified in

deed - _ .

(ii) sums of 2s. 6d. and

upwards - - -

in each of last three years.

(b) number of surviving donors of £5 in one sum and

upwards to the funds of the school or towards
purchase of site and erection or extension of
buildings .

sum and upwards .

*6. Character of School and Instruction, state — *Thishead

, need not

(a) any general directions of the deed as to the principles be filled

on which the school is to be conducted . S'se of

schools

(b) any directions of the deed as to religious instruction ^f^f^^,^^

and the persons by whom it shall be given or the National
superintended .

178

Appendix A.

Appndz.
A. II.

tThe

particulars
asked for
in the
following
Form B. 3
should be
given here.

The state-
ment of
facts should
be certified
by one of the
trustees or
managers of
the school
or by some
person
appointed
by them.

(c) t if there are no directions as to religious instruction,
state the usage which has prevailed during the
last twenty years .

I certify that the above statement is correct to the best
of my knowledge.

Signature .

Address .

B. — jPorwi to he used where there is no Trust Deed or other
written instrument declaring the Trusts.

1. Origin of School, state —

(a) earliest date at which the school is known to have
existed .

(b) mode of establishment of school, if known .

culars of expenditure on buildings, and the
sources from which it was provided .

(d) date and effect of any order of the Court of Chancery,

county court or Charity Commissioners relating
to the school, its endowments, or management

2. Managers, state —

(a) names, addresses, and mode of appointment of

persons now acting as managers .

(b) manner in which vacancies among managers have

usually been filled up .

3. Character of School, state —

(a) whether the school has been united with the National

or any other society, and if so, at what date and
on what conditions .

(b) the usage which has prevailed during at least the

last twenty years as regards religious instruc-
tion .

e.g. (i) whether religious instruction has been given
in accordance with the principles of the Church
of England or any other denomination .

National Society's Recommendation. 179

(ii) whether it has been superintended by the minister Appndx.
or any other person ex officio . ■^* ■'••*■•

4. Donors and Subscribers, state —

1900. 1901. 1902.

(a) number of subscribers of sums of

2s. 6d and upwards in each of
the last three years

(b) number of surviving donors of £5 in one sum and

upwards to the funds of the school or towards
purchase of site and erection or extension of
buildings .

sum and upwards .

I certify that the above statement is correct to the best ^j^g g(.^jg.

of my knowledge. mentof

-^ o facts should

Signature . be certified

. , , by one of the

Aadress . managers or

by some

[This space may be used for giving any material informa- appointed

tion or explanations which cannot conveniently be com- *^^'''^®°^-

pressed into the above forms. It should not be used for

recommendations, which should be strictly confined to the

space on page 175.]

NATIONAL SOCIETY'S EECOMMENDATION FOR
INSERTION IN E.A. 2, ABOVE.

The National Society recommends that, in cases where
the managers of church schools have to apply for an order
from the Board of Education to bring the constitution of
the committees of management into agreement with the
requirements of the Education Act, 1902, a management
clause on the lines following should be applied for:

The foundation managers under the Education Act,
1902, shall consist of the principal officiating minister of

180 Appendix A.

Appndx. the ecclesiastical parish or district in which the school is

■^' ■'"'■• situated, ex officio, and three (or such other number as may

he required to make up the number of foundation managers

as provided under the Act) other persons, being bond fide

members of the Church of England, who shall in the first

instance be* nominated by the persons who are the

managers of the school at the time of the application to

*Oiie of the Board of Education (or* ivho shall in the first instance

natives to be ^^ elected hy the annual subscribers to the school at the time of

struck out. ^j^ application to the Board of Education or other persons

loho are entitled under the terms of the school trust deed to vote

t One of in the election of or appoint managers). tThe persons so

natives to be nominated (or elected) shall hold office for three years, and

stiuc ou . t^i^gpgafter the non-official foundation managers shall be

elected triennially by such of the annual subscribers to

the foundation of at least two shillings and sixpence (/)

during the two years immediately preceding the election

as are bond fide members of the Church of England, and

such of the contributors to the foundation at any time of

not less than five pounds in one sum as are bond fide

members of the Church of England. Provided that any

society which may have contributed to the foundation at

any time not less than ten pounds in one sum shall have

the right to a vote and may nominate one of its officers or

other person to exercise the right of voting in its behalf

(or, ivacancies in the number of the non-official foundation

managers shall be filled by nomination on the part of the

remaining foundation managers of another person or persons

being bond fide a member or members of the Church of

England).

(/) See above, Transition Period, as to this qualification for
electing the foundation managers, and Circular 472 below. —
Edd.

Interim Order Appointing Managers. 181

___ Appndx.

III. A. III.

This Order may be referred to as E.A. Order
(Provisional) No. 1.

BOARD OF EDUCATION.

INTEEIM ORDER MADE UNDER SECTION 11
OF THE EDUCATION ACT, 1902.

Whereas application has been made to the Board of
Education by the owners, trustees or managers of the
schools specified in the Second Schedule hereto for an
order appointing foundation managers of the said schools :

Now the Board of Education do hereby order as
follows —

1. The appoictment of foundation managers of each
of the schools specified in the Second Schedule hereto
shall be made in accordance with the provisions specified
in the First Schedule hereto.

2. This order shall take effect as an interim order for
the purposes of section 11 of the Education Act, 1902,
from the appointed day on which Part III. of the said
Act comes into operation in the area in which the said
schools are situated, and shall continue in force until a
further or final order is made under that section.

3. If in the case of any of the said schools it is
hereafter shown to the satisfaction of the Board of
Education that, after the date of the application and
before the appointed day, the owner of that school has
executed a trust deed within the meaning of the said
Act, giving sufficient directions for the appointment of
foundation managers, or that the circumstances have
otherwise so changed as to render an order on the
application unnecessary, this order shall not apply, and
shall be deemed not to have applied, to that school.

Given under the Seal of OfiBce of the Board of Educa-
tion this Ninth day of March, 1903.

182

Appendix A.

Appndx.
A. III.

THE FIRST SCHEDULE.

1. The first foundation managers shall consist of four
persons appointed by the persons who at the date of this
order are de facto managers of the school, that is to say,
managers as defined by section 3 of the Elementary Educa-
tion Act, 1870((/), provided that, if the principal officiating
minister of the ecclesiastical parish or district in which
the school is situated is a manager of the school ex officio^
he shall be one of the said four persons. Any vacancy
occurring among the first foundation managers appointed
as aforesaid, shall be filled by the appointment of some
person, by the remaining foundation managers.

2. Any disputes as to the right of any person to appoint
the first foundation managers under the terms of this
order, or to act as one of the first foundation managers
ex officio, shall be referred to and determined by the Board
of Education.

Appndx.
A. IV.

Heading.

IV.

MEMORANDUM ON EDUCATION COMMITTEES
UNDER THE EDUCATION ACT, 1902.

Various applications have been made to the Board of
Education for suggestions with respect to the constitution
of education committees and the framing of schemes for
the purpose.

The details of any scheme must be settled by the
councils by whom the schemes are made. But with a
view to assisting councils who have not as yet framed
schemes for themselves and desire assistance, the Board
make the following suggestions as to the main matters
which should be provided for by the scheme.
1. The heading of the scheme should be —
(Ji) County Education Committee,

or
Qi) Borough Education Committee,

or
(h) Urban District Education Committee.

(^) Note. — This definition is as follows :

" The term ' managers ' includes all persons who have the
management of any elementary school, whether the legal interest
in the school house is or is not vested in them.

(^) Here insert the name of the area for which the committee
is appointed.

Memorandum on Education Committees. 183

Proposed Scheme for the Constitution of mi Education Com- ^ jy
mittee under the Education Act, 1902.

2. The following clause contains suggestions for the Constitution
coLstitution of the committee, all or any of which can be mittee.
adopted, as circumstances require :

The education committee (hereinafter called the
committee) shall, when, complete, consist of
members, including persons of experience in education,
and persons acquainted with the needs of the various
kinds of schools in the , appointed by the

councd (hereinafter called the council), being :
(i) Members of the council ;

(i) Ex-officio members {e.g., the chairman or vice-
chairman of the council) ;
(i) Nominated members, one nominated by each
of the following bodies, e.g. :

The council of the University of ;
(i) Recommended members, one ( j) recommended
by each of the following bodies, e.g. :
The Chamber of Commerce of ;

The Agricultural Society of ;

The Association of ;

The Governing Body of the ;

An electing body consisting of ;

(i) Members appointed after consultation with —

The ;

(k) Selected members, of whom at least shall

be women.
The following interests :
University education ;

The secondary education of boys and girls in its
higher and lower grades ;

(/) Here insert number (if any),

(j) It may often be found convenient to define the mode in
which the members are to be recommended, and to insert after
"one" some such phrase as the following: "selected by the
Council from not lees than two nor more than four persons," —
Edd.

(^) Here insert number (if any).

184 Appendix A.

Appndx. Technical instruction and commercial and industrial

^' ^^' education having special regard to the industries of

the ;

The training of teachers ;

Elementary education in council schools and in
voluntary schools ;

shall always be represented either among the menbers
appointed from the council or among members appointed
from outside the council.

In the event of any of the nominating or recommending
bodies ceasing to exist, the county council shall substitute
such other body as in their opinion is of the same character
or represents the same interests as the body vhich has
ceased to exist.

3. It will possibly be advisable to make it clear whether
a member of the council is to be eligible as a nominated
or recommended member of the committee, or whether it
is necessary for a nominated or recommended member to
be a member of the nominating or recommending body.
The following paragraphs, each drawn in an alternative
form, are suggested for the purpose of making this^ clear ;
they could be added to the foregoing clause :

(1) < ^ [-member of the council shall be eligible as a

nominated or recommended member of the
committee.

(2) A nominated or recommended members % , y

be a member of the nominating or recommending
body.

T^rm of 4. Some provision should be made with respect to the

term of office of the members of the committee.

Members of the council who are appointed as such will
necessarily go out of office if they cease to be members of
the council. The term of office of such a member should,
therefore, unless a shorter term is fixed, be made coincident
with his ordinary term of office as a councillor.

office,

Memorandum on Education Committees. 185

It will, however, be noticed that in boroughs, and in Appndx.
urban districts where the members retire in rotation, and -A- IV.
not simultaneously, it will be very difficult to formulate
any plan in practice which provides for the simultaneous
retirement of all members of the committee, and also pro-
vides for the term of office of a councillor as a member of
the committee being coincident with his term of office as a
member of the council.

As regards outside members it may be convenient that
their term of office should, in counties, and in urban
districts where the members retire simultaneously, expire
at the same time as the term of office of members of the
committee who are members of the council. On the other
hand, this is not at all necessary, and, from the point of
view of continuity of policy, may be inadvisable.

If simultaneous retirement is not adopted, the term of
office for outside members can be fixed without regard to
the term of office of members of the committee who are
members of the council, and, if necessary, different terms
of office may be fixed for different classes of outside
members.

There is also another alternative, namely, to leave the
term of office of members of the committee to the discretion
of the appointing council.

To meet these various cases the following alternative
clauses are suggested :

The term of office of members of the committee shall
be years, except that the first members, instead of

being appointed for years, shall be appointed each

for a term of office ending on the next ordinary day of
retirement of councillors (1).

Or,
The term of office of members of the committee who
are members of the council appointed by the council as

(Z) It will be found that a provision of this sort is practically
only applicable in counties, and in urban districts, where the
members retire simultaneously.

186

Appendix A.

Appndx.
A. IV.

Casual
vacancies.

such, shall be the same as their term of office as members
of the appointing council (m).

The term of office in the case of members of the com-
mittee not appointed by the council as members of the
council shall be —

(a) in the case of nominated members, years ;

(b) in the case of recommended members, years ;

a7id so on :

Or,

The term of office of each member of the education
committee shall be such as may be determined in
each case by the council appointing the committee.

5. A provision limiting the term of office of members
appointed to fill casual vacancies will not be required
except in cases where the whole committee go out of office
together, or where regular rotation is provided for. If
any such provision is required, it might be in the following
form :

Members appointed to fill casual vacancies shall be
appointed only for the remainder of the term of office
of the outgoing member, and subject to the same
provisions as regulated the appointment of that
member.

Election of
a member.

6. It is possible that in some cases the scheme will
provide for one of the nominated or recommended persons
being elected by some body of persons with no machinery
available for the purpose, e.g., by the headmasters of
secondary schools in the area, or by the teachers in
elementary schools in the area, or by the managers of a
large number of schools. If this is the case, it will be
well to provide for the mode in which the election is to
take place {e.g., by voting papers or by calling a meeting),

(ni) Possibly some shorter term may be desirable in the case
of aldermen.

Memorandum on Education Committees. 187

and for the determination of the persons who are qualified Appndx.
to elect. But this is a matter which may, of course, be A. IV.
left to the council appointing the committee ; at any rate,
power should be given to the council to alter any
regulations laid down with regard to this matter in the
scheme.

If it is necessary to make provision on this subject the
following clause is suggested :

" The person to be nominated or recommended as a
member of the committee by an electing body consisting
of shall be elected in accordance with regulations

framed from time to time by the council for the purpose,
or [in accordance with the regulations contained in the
schedule to this scheme ; but those regulations shall be
subject to alteration by the council from time to time]."

If it is decided that the regulations shoidd be attached
i the scheme, the Board of Educatior
desired, to suggest a form of regulations.

to the scheme, the Board of Education will be glad, it

"OO"

7. It will probably be found advisable to make some Determina
provision as to the determination of office of members (not office.
being members of the council who are appointed as such)

in addition to that made by the Act as respects disqualifi-
cation. A clause could easily be framed for the purpose
on the lines of section 46 of the Local Government Act,
1894, or the following clause could be adopted :

Any member who is incapacitated from acting, or
who communicates in writing to the committee a wish
to resign, or who is absent from all meetings of the
committee during a period of months (except for

some reason approved by the committee), or who being,
when appointed, a member of the council ceases to be
a member of the council, shall thereupon cease to be a
member of the committee.

8. The foregoing provisions seem to be all the provisions
which are required in an ordinary scheme.

188 Appendix A.

Appndx. All matters relating to the proceedings of the committee
A. IV. are matters which are more properly determined by the
appointing council under paragraph (1) of the First
Schedule to the Act than determined by the scheme.

The powers to be exercised, and the duties to be per-
formed, by the council, so far as they are not regulated by
the Act, are also matters which should be regulated by the
council from time to time and should not be included in
the scheme.

The same remark applies with even greater force to any
provision in the scheme as to the delegation of powers.

It wiU no doubt be found in future most convenient
that all the provisions relating to the constitution, duties,
and proceedings of the committee should be collected in
one document for the use of the committee. It will, there-
fore be very useful if the council, after the committee have
got into working order, could print under one cover :

(1) The scheme for the constitution of the committee ;

and

(2) The provisions of the Act specially affecting the

education committee, e.g.^ section 17 (2) and (4)
and Schedule I., A. (1)— (6) ; and

(3) Any standing orders or regulations made by the

county council under Schedule I., A., paragraph
(1).

Egbert L. Morant.
February 9thj 1903.

Memorandum on Endowments. 189

Appndx.

V. ^•

Form E.A. 7.

MEMORANDUM.

EDUCATION ACT, 1902, SECTION 13.
ENDOWMENTS.

Board of Education,

Whitehall, London, S.W.,
16th February, 1903.

1. This memorandum has been prepared to assist trus-
tees of endowments, applicable or applied in connection
with elementary schools, and also local education autho-
rities in cases of difference of opinion or doubt as to the
effect of section 13 of the Education Act, 1902.

It is concerned solely with the proper procedure in such
cases and does not attempt to state the principles on
which the decision of questions arising under the section
will be based.

2. By section 13 of the Education Act, 1902, it is
provided :

(1) Nothing in this Act shall affect any endowment, or
the discretion of any trustees in respect thereof :
Provided that, where under the trusts or other
provisions affecting any endowment the income
thereof must be applied in whole or in part for
those purposes of a public elementary school for
which provision is to be made by the local educa-
tion authority, the whole of the income or the
part thereof, as the case may be, shall be paid to
that authority, and in case part only of such
income must be so applied and there is no pro-
vision under the said trusts or provisions for
determining the amount which represents that
part, that amount shall be determined in case of

190 Appendix A.

Appndz. difference between the parties concerned, by the

■^' • Board of Education ; but if a public inquiry is

demanded by the local education authority, the
decision of the Board of Education shall not be
given until after such an inquiry, of which ten
days' previous notice shall be given to the local
education authority and to the minor local autho-
rity and to the trustees, shall have been first held
by the Board of Education at the cost of the
local education authority.
(2) Any money arising from an endowment, and paid
to a county council for those purposes of a public
elementary school for which provision is to be
made by the council, shall be credited by the
council in aid of the rate levied for the purposes
of Part III. of this Act in the parish or parishes
which in the opinion of the council are served by
the school for the purposes of which the sum is
paid, or, if the council so direct, shall be paid to
the overseers of the parish or parishes in the
proportions directed by the council, and applied
by the overseers in aid of the poor rate levied in
the parish.

3. This clause, it should be observed, deals solely with
the income of such endowments as under the trust must
necessarily be applied either in whole or in j)art to purposes
for which the local education authority have to provide.
Income, which must or may be applied to purposes for
which managers have to provide pr to educational pur-
poses other than those for which the local authority have
to provide is not dealt wdth by the section. Any income
which is necessarily applicable to local authorities' purposes
will be payable to the local authority and (in the case of
a county council) applied by them in reduction of the
rates in the area served by the school.

4. Trust deeds are often expressed in vague and general
terms, giving no direction which would clearly require the
application of the income of the endowment to one or

Memorandum on Endowments. 191

other of the purposes above-named ; and sometimes there Appndx.
are no written trusts. ^i_'

In such circumstances trustees cannot safely assume that
they have a discretion in the matter. This is a question
of interpretation, and one which can be decided only on
the merits of each case. In every case of difference of
opinion or doubt trustees may ap]3ly to the Board of
Education for direction in the matter, and if they act
upon such direction they are completely protected against
personal liability. Such application may be made under
the Charitable Trusts Acts, the j urisdiction under which
has, in the case of endowments held solely for educational
purposes, been transferred to the Board of Education
by the Board of Education Act, 1899, and the Board of
Education (Powers) Orders in Council, 1900 to 1902. In
case such an application is found desirable the form pro-
vided on page 2 of Form E.A. 8 should be used. In case
of doubt and pending such direction, the only safe course
for the trustees to pursue is to leave in their hankers^ hands
any moneys not exjpended by them before the 26th March,
1903 {or such later date as may be fixed as the " appointed
day" for section 13 of the Act to come into operation in this
particular area), or received by them on or after that date.

5. Before, however, applying to the Board of Education
it is very desirable that trustees should place themselves
in communication with the particular local education
authority which has or may have an interest in the matter.
In all cases it is very desirable that any application for
advice or direction should be made jointly by the local
education authority and the trustees. Each local education
authority has a financial interest in the decision of ques-
tions relating to endowments applicable in connection
with elementary schools within its area. The Board would
therefore not be justified in giving their advice or direction
to either party upon an ex parte statement. The adoption
of this policy by the Board will necessarily lead to some
delay in the decision of questions under'this section, and
there will be cases in which it would be impossible or very

192 Appendix A.

Appndx. undesirable for the Board to suspend all decision or action
■^* * • until tlie local education authority is in a position to deal
with the matter. The Board, however, recognise that in
ordinary circumstancep it is most desirable that full time
should be allowed to the local authorities for the exami-
nation of the facts and the expression of their views.

In many cases careful consideration by both parties may
show that the intervention of the Board is not required.

6. It is to be observed that under section 5 of the
Charitable Trusts Act, 1860, the Board can decline to
exercise jurisdiction in very contentious cases and may
leave the matter to be decided by the courts. On the
other hand, no legal proceedings relating to the admini-
stration of endowments held for purely educational purposes
can be commenced or entertained by any court or judge
without the certificate of the Board of Education (or in
the case of mixed charities without the consent of the
Charity Commissioners), unless the Attorney-General,
acting ex ofl&cio, thinks fit to move in the matter.

7. It is also to be observed that under the provisions of
section 23 of the Charitable Trusts Act, 1853, and section 31
of the Charitable Trusts Amendment Act, 1855, the Board
have power, on the application of the parties interested, to
authorise compromises of any claims against charities held
for purely educational purposes or against the trustees or
administrators thereof. This power will possibly be found
useful in dealing with obscure or complicated questions
arising under section 13, especially where the difficulty of
the questions is out of proportion to the amount of money
involved, and the attention of local education authorities
and trustees is particularly drawn to it.

If a compromise order is desired application should
be made by both parties in the manner provided in
Form E.A. 8.

8. For the purpose of facilitating the determination of
the questions arising under section 13 the Board have
prepared a form of return in which information may con-

Memorandum on Endowments. 193

veniently be given as to the nature of any endowment, tlie Appndx.
trusts to which it is subject, the income and expenditure A. V.
thereof for the last three years, and its financial position
as on the 25th March, 1903.

9. The Board are aware that in many cases it may be
diflBcult or even impossible to give the particulars of
expenditure in such detail as the form of return suggests.
In such cases the Board will be satisfied with a statement
of such figures as are available.

It is very desirable that before Form E.A. 8 is returned
to this office, duplicate copies should be filled up and
retained by the local education authority and the trustees
respectively for purposes of reference.

VI. _ _ ^ Appndx.

Form E.A. 8. A. VI.

EDUCATION ACT, 1902, SECTION 13.

ENDOWMENTS.

FORM OF APPLICATION FOR ADVICE OR
DIRECTION, OR FOR A COMPROMISE
ORDER.

This Form is to be used, in case of doubt or difference
of opinion, by trustees of endowments or by local educa-
tion authorities who desire the advice or direction of the
Board of Education.

Particulars of the trusts and of the income and expendi-
ture should be given, as far as possible, in the Forms of
Return A. and B.

County .

Parish or place .

Local education authority .

Title of endowment or name of founder .

School in connection with which the endowment is
applied .

School number .

Clerk to the trustees of the endowment ■! ^^^ *

I Address .

194

Appendix A.

Appndx.
A. VI.

* strike out
words not
applicable.

*It is essen-
tial that
both parties
should con-
cur in the
application
for this
order.

Application for (1) Advice or Direction, or
(2) Compromise Order.

County .

Parish .

Endowment .

In the matter of the Charitable Trusts Acts, 1853 to
1894, the Board of Education Act, 1899, the Board of
Education (Powers) Orders in Council, 1900 — 1902, and
the Education Act, 1902.

"VVe, being —

(1) trustees or persons acting in the administration of

the above-mentioned endowment,

(2) the council of the ^Gountij, Borough, Urban District

of , and being the local education authority

for the area served by the school in connection
with which the said endowment is applied or
applicable, in pursuance of a resolution of the

said council, passed the day of 19 — ,

hereby apply to the Board of Education

(a) for advice or direction on the following points :
*(b) for an order compromising any claim of the said
local education authority against the said charity
or the trustees or administrators thereof.
(1) As witness our hands this day of 19 — .

This form should be signed by at
least a majority of the trustees
or persons acting in the admini-
stration.

(2) As witness our common seal this day of

19—.

Common seal of

the council

making application.

Witness to the affixing of the seal .

(a) Statement of points upon which the advice or
direction by the Board of Education is required.

Form of Application for Advice. 195

(b) Statement of claim and proposal for compromise or Appndx,
adjustment (16 & 17 Vict. c. 137, s. 23, and 18 & A^^I.
19 Vict. c. 124, s. 31).

1. .

2. .

3. .

4. .

A. — Trusts.
State :

1. Date of will, deed, or instrument of foundation .

2. If there is no instrument of foundation, the approxi-

mate date of foundation and origin of the endow-
ment .

3. If there is no instrument of foundation, any available

documentary evidence of trusts (e.g., churchwardens'
books) .

4. Dates of any orders (n) or schemes affecting the trusts,

and made by County Court, Court of Chancery,
Charity Commissioners, or Board of Education, or

under the Endowed Schools Acts .

State briefly the effect of such orders or schemes.

5. Summary of trusts relating to application of income

as declared by the original instrument of foundation
or subsequent scheme.

6. If there is no instrument of foundation, or if the

trusts have not been strictly adhered to, state the
usage which has prevailed in the application of the
income at different periods, giving particulars of
any existing records of such usage.

7. State whether the endowment is attached to any

particular public elementary school —

(a) By express trust .

(b) By discretion of the trustees .

8. State whether the trustees of the endowment are

trustees of any public elementary school .

(a) Under the trusts of the endowment .

or (b) Under a separate trust or de facto .

(??,) Orders relating merely to management of property other
than school buildings need not be mentioned. Only the last
order appointing trustees need be mentioned.

o 2

196 Appendix A. YI.

B. — Accounts. I.— Income and Expenditure.

Particulars should be given, so far as material is available, for each
of tlie last tliree com^Dlete years, reckoning by tlie date to which
the accounts are usually made up.

1900. 1901. 1902.
£ s.d. £ s. d. £ s, d.

1. Gross income from endowment

2. Total cost of management of property othe?' than

school premisesy viz. : Repairs, rates, taxes,
insurance, clerk, office expenses, interest and
sinking fund on loans, etc

3. Net income from endowment...

1900. 1901. 1902.
£s.d. £ s. d. £ s. d.

4. Payments to non-educational chari-

table purposes under trust or
scheme

(a) Obligatory

(b) Discretionary

Total

5. Net income applicable to educational purposes by

trust or scheme

6. (o) Actual payments to edu-

cational purposes —

(a) To higher education —

(i) Maintenance of
secondary or
technical school
(ii) Exhibitions
Total

(b) To purposes of elemen-

tary education as
specified below (head
7)

7. (o) Actual payments from

endowment to purposes of
or connected with ele-
mentary education —
(i^) (a) (i) Repairs of school
buildings

J°l 1900. 1901. 1902.
^jl'j^' £s.d.£ s. d. £ s. d.

((>) State in the column provided for the purpose, whether the payment
was made under directions of the Trust, T., or of Scheme, S., or in exercise
of the trustee's discretion, D.

(j;) If it is not possible to analyse the payments in such detail as is here
suggested, it will be sufficient to give the totals under heads (a) and (c).

Form of Application for Advice. 197

(0)

T., S,

1900. 1901. 1902. 1900. 1901. 1902.

orD! * ^- ^^- £ «• f^- £ «• f^- £«.(?.£ s. d. £ s. d.

(^) (ii) Alterations and
improvements
in buildings ...
(iii) Repayment of
and interest on
loans in respect
of school build-
ings ...
(iv) Kent (if any)
of school build-
ings

(v) Rates, taxes and
insurance on
school build-
ings

Total

(M) (^) Extensions and ad-
ditions to buildings
iP) (c) (i) Salaries of
teachers
(ii) Books and sta-
tionery
(iii) Apparatus and

furniture

(iv) Fuel, light and

cleaning

Total

(d) Various payments for
benefit of elemen-
tary scholars —
(i) Library
(ii) Prizes or re-
wards...
(iii) Expenses of
Sunday school
(iv) Clothing elemen-
tary scholars...
(y) Apprenticing or
advancement
of elementary
scholars
(vi) Miscellaneous
(specify)

Total

(^) Roughly speaking, the distinction between " alterations and im-
provements " and " extensions and additions," is that the latter do, and
the former do not, involve a substantial increase in the number of school
places.

198 Appendix A. VI.

1900. 1901. 1902.
, £s.d.£s.d.£s.d.

8. Balance in hand of income applicable to educational

purposes

9. Debt on school buildings —

(a) For which trustees of endowment are

responsible ...

(b) For which trustees of endowment are not

responsible

II- — Balance Sheet showing Position of Endowment
ON March 25th, 1903.

T., S.
orD. £ 3.

Moneys owing to the endowment

Moneys owing by the endowment

Balance (Credit or Debit) on the 25th March, 1 903

III. (r) — Analysis of Balance applicable to
Elementary Educational Purposes.

(State whether the balance is applicable to any of the
following objects by Trust, T., or Scheme, S., or at
the Discretion of the Trustees, D.)
(a) As in head 7 on page 196.
(b)
(c)
(d)

(i) Library
(ii) Prizes or rewards .
(iii) Sunday school

(iv) Clothing elementary scholars

(v) Apprenticing elementary scholars

(vi) Miscellaneous

Total

Balance applicable at absolute discretion of trustees to any
elementary educational purposes

(7-) This head is to be filled up only when the entire net income from
endowment is applied or applicable to purposes of or connected with
elementary education, or where the income is appropriated by trust in
definite shares.

Schools held by Private Owners. 199

Appndx.
^^^' Form E.A. 13. ^'^^'

MEMORANDUM.

Board of Education,

Whitehall, S.W.

26th February, 1903.

EDUCATION ACT, 1902. SECTION 11.

Schools held by Private Owners free from any
Trusts (s).

1. Frequent inquiries have been addressed to the Board
with reference to the meaning of paragraph 14 (1) of the
Memorandum (Form E.A. 1) issued by them on the
20th December, 1902. In paragraj)h 14 of the Memo-
randum the various courses open to private owners of
schools were set out, and it was stated that the least
convenient course for an owner to adopt was to retain the
school premises in his own hands and apply to the Board
for an order under section 11, appointing foundation
managers.

2. The Board were led to this conclusion by the
following considerations :

(a) An order under section 11 can make provision for
the appointment of managers only, and cannot include
any provisions relating (for instance) to the character of
the instruction to be given in the school, or the use
of the premises out of school hours.

(b) It is possible that in some cases a difference of
opinion as to the form of order might arise between the
Board and the owner of the school, which it is very
desirable to avoid ; and it would therefore be more
convenient that the owner should declare his own
wishes as to the constitution of the managing body.

(.9) See above, p. 91, for full directions to private owners :
they are not prevented by s. 11 (2) from executing deeds freely
till the " appointed day." — Edd,

200 Appendix A.

Appndx. Board. A draft of such varying order must, under
•A- vll. section 11 (8) of the Act, be laid before each House of
Parliaments for thirty days during which Parliament is
sitting. In the event of either House deciding that the
draft, or any part thereof, should not be proceeded with,
the draft would have to be dropped and a fresh draft
made which would be subject to the same procedure.

3. For these reasons, among others, the Board consider
that the most convenient course for a private owner, who
wishes to retain the property in and control over his own
schools, is to let the school premises at a nominal (or
substantial) rent for the purposes of a school. The con-
ditions of the letting may be expressed in any simple
agreement, which for the purposes of the Act would fall
under the definition of a trust deed. This agreement
must contain provisions for the constitution and continu-
ance of a body of four foundation managers, and may also
give full expression to the owner's wishes, so far as these
are consistent with the provisions of the Act, as to the
principles on which the school is to be conducted, the use
of the premises out of school hours, and other matters in
which he is interested. If such an agreement is made, an
order of the Board under section 11 will not be required.
The agreement may be for a tenancy from year to year,
terminable by notice on either side, and if it does not work
satisfactorily it can be terminated and a fresh agreement
substituted without difficulty or delay.

4. The Board do not think it desirable that they should
issue any model form of agreement for use by private
owners. The agreement should, however, provide (a) for
the appointment of the first four foundation managers,
(b) for filling up any vacancies which may occur in their
number. It would usually be convenient that school
premises should be let to a single tenant (who may be the
nominee of the landlord) for use as a school under the
management of the foundation managers. If the premises
were let directly to the foundation managers, a change
among the managers would also involve a change among
the tenants, and this might give rise to some practical
inconvenience. The premises might of course also be let to

Schools held by Private Owners. 201

an incorporated society, bnt there is no practical reason Appndx.
why they should not be let to an individual. A. VII.

5. The Board have of course no desire to evade any of
the duties imposed on them by section 11 of the Act, and
if any private o^vTier prefers to dispense with an agreement
and to apply for an order under section 11, the Board will
act on such an application. If, however, he adopts the
course suggested in this Memorandum and makes an
agreement, it is desirable that he should at once inform the
Board of the fact. When the agreement is executed it is
important either that particulars of the agreement should
be furnished in the Form of Return E. A. 2, already issued,
or that a copy of the agreement should be sent to this
office for purposes of record and future reference.

Appndx.

VIII. ^Z^^-

CIRCULAR No. 470.

This memorandum is intended to set before county
councils such of their powers and duties, and such of the
powers and duties of the Board of Education, as it may be
desirable for the councils to bear in mind when framing
schemes for the establishment of an education committee.

The following notes are limited by this purpose ; they
are not a summary of the Act, nor do they touch upon
several matters in respect of which it may be possible at a
later stage for the Board of Education to assist county
councils, if invited to do so, by advice, suggestion and
co-operation.

The following memorandum concerns the council of a
county only.

COUNCIL OF A COUNTY (0-
I. — Powers and Duties.
(1) As to higher education.

To consider the needs of the area, and to take such steps
as seem to them desirable, after consulting the Board of

(0 The Board has published similar circulars as to councils
of county boroughs, and authority boroughs and urban districts
<Part III.), 470a and 470b ; these are the same in almost every
detail, and therefore are not printed.- — Edd.

202 Appendix A.

Appndx. Education, to supply or aid the supply of education otlier
* m* than elementary.

To promote the co-ordination of all forms of education {u).
(As to matters included in education other than elemen-
tary, see s. 22 (2), (3), s. 23 (1), (2).)

(2) As to elementary education.

To take over and exercise the powers and duties of
school boards and school attendance committees, and to
control all secular instruction in public elementary schools.
(Sect. 5.)

To appoint four managers for each school provided by
them (s. 6 (1)), and also one manager or more for each
school not provided by them. (Sect. 6 (2) (a) and (3) (b).>

To maintain and keep efficient all public elementary
schools within their area under the conditions set forth in
section 7.

To provide such additional school accommodation as
may be necessary, subject to the provisions of section 8 (1),
section 16.

II. — Main Sources of Income.

A. For higher education.

(1) The residue under 53 & 54 Vict. c. 60, s. 1.

(2) The county rate, which for this purpose must not
exceed 2d. in the pound unless by consent of the Local
Government Board.

(v) (3) Parliamentary grant for instruction in science and
art subject to conditions laid down by the Board of
Education.

(4) Where a borough or urban district which is a local
education authority relinquishes to the county its powers

(ii) No authority beneath the rank of a county or county
borough has this power. Hence a Part III. authority not
co-operating with its county defeats this purpose of the Act.
— Edd.

(r) This confirms our prediction that Clause VII. of the
Directory will now universally apply. — Edd.

Powers axd Duties of a County Council. 203

under Part 11. of the Act (x), an additional rate for that Appndx.
borough or district not exceeding Id. in the pound. ■^* VHI.

B. For elementary education.

(1) The Parliamentary grants payable in respect of
public elementary schools.

(2) The aid grant under section 10.

(3) Fees, where the local education authority allows
fees to be charged ; but in the case of a non-provided
school, such proportion only of the fees as is agreed upon
under section 14.

(4) The use of the school house in the case of non-
provided schools during school hours subject to the
provisions of section 7 (1) (d) as to payment for wear and
tear, and for the rent of the teacher's house (if any).

(5) The county rate.

III. — Manxer of Exercise of Powers.

(a) Every county council shall establish an education
committee or committees in accordance with a scheme to
be made by the council and approved by the Board of
Education.

(b) Every matter relating to the exercise of powers
under the Act shall stand referred to the education com-
mittee except the power of raising a rate or borrowing
money ; and the council shall, unless the matter is urgent,
consider the report of the committee before acting.

(c) The council may delegate to the committee, under
any conditions it pleases, any of its powers under the Act
except that of raising a rate or borrowing money.

So the council —
must frame a scheme for the establishment of a

committee ;
must refer every educational matter to the committee

except the raising a rate or borrowing money ;

(«•) This is only altering the body charged with the rate, no
the amount of rate. — Edd.

204 Appendix A.

Appndx. may, in case of urgency, act without awaiting the

^' * ^^^' report of the committee ;

may delegate, on any terms it pleases, its powers under

the Act to the committee ; but
miist not delegate its power of raising a rate or
borrowing money.
Under all circumstances the council is responsible,
whether for its own action, or for that of the committee.

IV. — The Scheme of Establishment.
Necessary Provisions.

(1) There must be a majority on the committee of
members of the council, unless the council of the county
otherwise determine.

(2) The council must appoint :

(a) persons of experience in education ;

(b) persons acquainted with the needs of the various

kinds of schools within the area.
These may be obtained :

(a) by selection by the council from among its own

members (ij), or from outside ; or

(b) by nomination or recommendation of other bodies

where it appears desirable.

(3) There must be at least one woman on the committee.
Optional Provisions.

(a) Among the bodies who may be invited to nominate
or recommend are included associations of voluntary
schools (s. 17 (3) (b)).

(b) Among the persons whom it may be desirable to ap-
point as members of the first committee are the members of
school boards existing at the time of the passing of the Act.

(y) This is very important. A council may have on it all the
necessary elements except women. Hence a committee might
consist of, say, twenty county councillors and one woman, and
nobody else. — Edd.

(i;) No walled-in committees separating by their personnel
the elementary from the secondary members are likely to be
admitted by the Board. — Edd.

Powers and Duties of a County Council. 205

or separate educaticn committees may be established, for Appndx.
the whole or any part of a county, to deal with special A. Vlil.
departments of work. The latter mode of distribution is
guarded by the provisions of s. 17 (6).

(d) A joint committee may be formed for all or any
purposes by a combination of counties, boroughs, or urban
districts.

In the case of such a joint committee it is necessary that
a majority of the members should be ajpjpointed by the
councils of the counties, boroughs or districts concerned ;
it does not appear necessary that a majority should be
members of those councils.

(The formation of such committees may be convenient
in the case of boroughs or urban districts which may not
desire to relinquish permanently (a) their powers under
the Act, but may, nevertheless, desire to work in close
co-operation with the county in which they are situated.)

V. — Nomination or Recommendation of
OTHER Bodies.

It is probable that the representation of certain educa-
tional interests (h) within the area of the council may be
effected most satisfactorily by the nomination of a member
of the committee by some society within the area or repre-
sentative of some educational interest (b) within the area.

This course may save the council some trouble in
selection, and may also be most satisfactory to the society
which is to be represented. In other cases it might be
more convenient that a society should be invited to
recommend a representative, or to recommend certain
persons from among whom the council might choose a
representative.

(a) This i3 very important. This method of co-operation
may be very generally adopted. — Edd.

(J) There is no warrant for this word in the Act. '• Grades
of schools " and " types of education " would be better ex-
pressions.— Edd.

206 Appendix A.

Appndx. In the case of nomination it must be assumed that the
A. VIII. council places itself in the hands of the body whom it
invites to nominate (c).

In the case of recommendation, suggestions might be
made on both sides with a view to the choice of some-
one acceptable to the council and representative of the
interest (d) concerned.

In each case the appointment is made by the council,
but either method would ensure that the person appointed
was considered to be really representative by the interest (d)
concerned.

VI. — Duties of the Board of Education in respect
OF Schemes.

(1) To give publicity to the provisions of the proposed
scheme (s. 17 (6) ) (e).

(2) To hold an inquiry if necessary (s. 23 (10) ) (e).

(3) To be satisfied that where the scheme provides for
more than one committee due regard is paid to the
importance of co-ordinating all forms of education (see
s. 17 (6) ).

It would not be desirable to perpetuate the severance of
elementary from higher education by the creation of
separate committees for each (/). But it may often be
convenient to establish sw&-committees (g) which might
under the supervision of the Education Committee, ad-
minister the various forms of education.

(^) It is submitted that 17 (3) (b) is fully met by the council
ensuring that persons of certain qualifications shall always be
on the committee. — Edd.

(<?) See note (&), ante, p. 205.— Edd.

(e) This means publishing twice in two papers of different
politics, and posting for one month in every post office in the
area. It is presumed that this inquiry will be no more formid-
able than those held under Clause VII. of the Directory. — Edd.

(/) See note (c), a7ite, p. 201.— Edd.

(/7) A consultative sub-committee and a large sub-com-
mittee for school attendance purposes will also be found useful.
— Edd.

Powers and Duties of a County Council. 207

(4) In the event of a scheme not having been made, or Appndx.
not having been approved within twelve months after the A. VIII.
passing of the Act, to make a Provisional Order for the
purposes of a scheme.

(A ground on which the Board might be asked to
withhold its approval of a scheme would be the non-
representation or inadequate representation of some of the
educational interests (h) Avithin the area. An educational
body or association might complain —

(a) That the interests (h) with which it was concerned
were wholly unrepresented ;

(b) That the person chosen to represent it was not really
representative (i) ;

Points such as these should be carefully considered in
framing a scheme.)

VII. — Further Powers of County Council.

Delegation to the council of any borough, district or
parish, on conditions to be agreed upon, of the powers of
management which it possesses in respect [of any school
or college within the area of such borough, district or
parish (j).

Acquisition — by arrangement and with the approval of
the Board of Education — of the powers of a borough
or urban district which is a local education authority
under the Act, and which may relinquish to the county its
powers under Part II. or Part III., or both.

VIII.— Disqualifications.

The circumstances which would disqualify a person for
membership of the council disqualify for membership of

(70 This word goes further than the Act. — Edd.
(/) This word also does not appear in the section of the
Act.— Edd.

Q") This should be practically universal. — Edd.

208 Appendix A.

Appndx. the committee appointed by the council, except that no
A. .VIII. person is disqualified by his holding office in a school or
college aided, provided or maintained by the council (k).

A person is disqualified for voting in the County
Council (I) on any question relating only to Part III. if
he is elected for a division which consists wholly of a
borough or urban district or of a part of such borough
or district which is a local education authority for Part III.
of the Act (m). (See s. 23 (3).)

IX. — Draft Scheme.
Among the more important matters for which a draft
scheme should provide are the following :

1. The number of the proposed committee.

2. How many are required to be members of the counciL

3. The educational interests (n) which it is proposed
should be represented (?i).

4. How it is proposed to secure their representation (n) —
by selection, recommendation or nomination.

5. What security is provided for the permanence (n) of
such representation (n).

6. What provision is made for the appointment of women.

7. If more committees than one — are they constituted
for separate areas or for separate administrative duties —
their proposed numbers and composition — the number,
duties and composition of sub-committees (o).

8. The term of office of members of the committee,
and the arrangements for retirement and the filling of
vacancies, occurring casually or at stated times.

(IS) This refers to old disqualifications (contracts, etc.)
under the Municipal Corporations Acts or Elementary Education
Act, 1870.— Edd.

(Z) But apparently net in committee ; see above, p. 63. — Edd.

(?«) This is a new or ad hoc disqualification. — Edd.

(ji) Words not in the Act. — Edd.

(o) No reference to this need be made in the scheme if one
committee only is proposed. — Edd.

As TO Associations of Voluntary Schools. 209

IX.

CIRCULAR No. 472.

CIRCULAR TO ASSOCIATIONS OF VOLUNTARY
SCHOOLS (V.S.A. '97).

Education Act, 190 2.

Board of Education,

Whitehall, London, S.W.

February, 1903.
Sir, ^

It has been intimated to the Board of Education that in
view of the provisions of the Education Act, 1902, it may-
be thought desirable in the case of some associations, that
there should be an alteration either in the existing areas,
or in the powers and functions of the governing body.
Any proposals to that effect will be carefully considered
by the Board of Education, but it is necessary to point out
that any such reconstruction would recjuire the assent of
the managers of the schools composing the association.

The majority of the present governing bodies retire
from office on 31st March next, and the constitution of the
association in such cases generally provides for the election
of a new governing body before that date. It is suggested
that the governing bodies should in these cases take the
opportunity of placing any views they may entertain on
the subject of reconstruction before the managers when
assembled for the purpose of such election, and obtaining
from them authority to deal with the matter.

Where this is not practicable, special arrangements
should be made for ascertaining the views of the
managers, either through sub-associations where such
exist, or by summoning a special meeting of representa-
tive managers.

It must be pointed out that the special functions of
associations under the Voluntary Schools Act will not
cease until the appointed day, and that where this day is
later than 1st April next the governing body may be

E.A. p

Appndx.
A IX.

210 Appendix A.

Appndx called upon to advise as to the distribution of some aid
grant (j)) under the Voluntary Schools Act for the ensuing
financial year.

As an alternative the Board of Education may, if they
think fit, pay such grant direct to the governing body, if
satisfied that proper arrangements have been made for its
apj)lication. If the governing body desire to receive such
grant direct, they should prepare to submit a statement as
to the proposed arrangements, which should include pro-
vision for the vesting of the money in some responsible
body of trustees, and for its suitable application as a fund
for the benefit of the associated schools.

It is well to point out that the aid grant payable will be
the proportionate amount due for the j^eriod intervening
between the beginning of tlie new financial year and the
appointed day. This day may be any day not more than
eighteen months later than the 26th March next, as the
Board of Education may appoint, and may differ in
different areas. The later it is fixed, the larger will be
the amount of aid grant payaljle under the Voluntary
Schools Act. In the case of the other grants the amount
payable will be the full amount earned by the school
between the end of the last school year and the appointed
day.

Any further balances which the old managers may have
in hand on the appointed day are held l)y them in a
fiduciary capacity for the purposes of the school as a
Public Elementary School, and should therefore be handed
over to their successors to be used at their discretion for
those purposes connected with the school for which pro-
vision has to be made by them under the Act,

No other application of the money would be permissible
without a scheme under the provisions of the Charitable
Trusts Acts, which could only be made if the original
purposes were no longer available, — if, for instance, the
school was closed or transferred to the local authority.

(^^) This grant ceases on the appointed day ; see p. 35, above.
— Edd.

As TO Associations of Yoluxtary Schools. 211

Even when the special functions of the governing body Appndx.
under the Voluntary Schools Act will have lapsed, theie ■^- l^-
will still remain much valuable work that may be done
by these bodies with regard to the responsibilities placed
upon the managers of voluntary schools under the Act.
These responsibilities are of a twofold nature.

Firstly, the managers must provide the school-house
(other than any residence for the teacher) free of any
charge to the local authority. How they do so, is a
matter that concerns the managers only, and will of
course depend upon the nature of their tenure of the
buildings provided.

Secondly, having provided a school-house free of charge
the managers must, out of .funds provided by them,
keep it in good repair and make such alterations and
improvements as may reasonably be required by the local
authority. It is with regard to these duties that govern-
ing bodies can best render assistance to school managers
by undertaking the administration of a common fund, of
which the aid grant above referred to will form the
nucleus, and in which managers can invest or deposit any
further sums which may from time to time come into
their possession. There will thus be created a mutual
insurance fund, upon which the managers of individual
schools can depend for assistance towards the expense of
such repairs and alterations as they may be called upon
from time to time to carry out.

The formation of such fund is expressly contemplated
by clause 12 of Schedule II. of the Act. It is there
provided that the balance of any grant paid to the original
managers, which may remain after the discharge of all
liabilities of whatever nature that have been incurred by
them on account of the school, shall be paid to the new
managers, to be applied to those purposes for which they
are responsible under the Act, or for the benefit of any
general fund applicable for those purposes. In the
governing body of the association to which the school
belongs there exists an organization which is well adapted

p 2

212 Appendix A.

Appndx. for the administration of such common fund, and which
A. IX. is expressly recognised in the clause as a body to whom
any aid grant that may be due can be entrusted . It is
clear, however, that the " fund " could not be applied to
the provision of new schools by building or hiring, or
to such enlargements of existing ones as would come under
the provisions of s. 8 (2) of the Act. On the other hand,
the expense of keeping the school in good repair, and
making necessary alterations and improvements is one
which may be properly assisted out of such common fund.

Such contributions may be made not only from any
grants which may come into the hands of the new
managers under the circumstances above referred to, but
also from such voluntary subscriptions as they may from
time to time obtain, and from any endowment, whether
by way of rent or otherwise, to which they may be
entitled. It must, however, be borne in mind that any con-
tribution from endowment (q) is in the nature of a deposit
or an investment of a trust fund, and could only legally
be made, on the express understanding that the managers
would be entitled to claim an amount from the common
fund at least equivalent to the amount so contributed,
whenever they may require it for the purposes of their trust.

The points, therefore, to which the Board of Education
desire to invite the early attention of governing bodies are
as follows :

1. The submission of proposals for any alteration in
the present area of the association, or in the constitution
and functions of the governing body, after having con-
sulted and obtained the consent of the managers of the
associated schools.

2. Application for the direct payment of any further
aid grant that may be allotted under the Voluntary
Schools Act, directly to the governing body — such
application should contain a clear statement of the
arrangements which it is proposed to make for its
proper application.

(^) This is equally true of balances over from parliamentary
grants ; see note to Sched. II., s. 12. p. 150, above. — Edd.

As TO Associations of Voluntary Schools. 213

3. The proposals, if, any, of the governing body as to Appndz.
the creation and management of a common fund for A. IX.
repairs and alterations, for the benefit of all such schools
belonging to the association as may desire to contribute
to it.

I am to suggest that each governing body of an
association should take steps to make the contents of
this circular known to the managers of the constituent
schools.

I have the honour to be.
Sir,
Your obedient servant,

Egbert L. Morant.
To the Secretary of the

Governing Body of the Association.

X. Appndx.

CIKCULAR No. 474. ^'^'

CIRCULAR TO LOCAL EDUCATION
AUTHORITIES.

EDUCATION ACT, 1902.

Board of Education,

Whitehall, London, S.W.

4:th March, 1903.
Sir,

The Board of Education desire to call the attention of
your council to the fact that the Education Act will come
into operation on the 26th of March next in any area for
which some later day has not previously been appointed
by the Board under section 27 (2) of the Act.

The Board consider that it will be convenient for
administrative purposes that the appointed day for the
purposes of the Act should be the first day of a calendar
month in all cases except those in which it is desired to
bring the Act into operation in an existing school board
district about the commencement of October, when it will

214 Appendix A.

Appndx. be more convenient that the 30th of September should be
■A- X. chosen. They understand that many councils are finding
it possible to make all the necessary arrangements for
beginning their educational administration for all pur-
poses under the Act on 1st April next, and it is hoped that
this date, or one as soon after as is consistent with the
formalities in connection with the approval of schemes for
the constitution of Education Committees, will be widely
adopted.

It is desired that every local education authority will,
as soon as possible, but in no case later than 12th March,
intimate to the Board of Education the day which they
wish to have appointed for their area ; and, if this is later
than 1st May, 1903, will furnish a statement showing
fully the reasons which, in their opinion, render the post-
ponement desirable.

Where a local education authority is not in a position
at present to intimate the precise day which is desired, the
Board of Education can pro forma appoint a day subject
to a subsequent order, and by such subsequent order fix
the precise day which may ultimately be decided upon.
The essential point is that the Board should know, at
once, if any local education authority does not desire the
1st April. This day will in every case, so far as the sub-
stantial provisions of the Act are concerned, be substituted
for the 26th March, if no further postponement is
necessary.

The Board of Education will be prepared so to use their
powers of making interim orders under section 11 (5) of
the Act as to obviate any necessity for delay owing to the
permanent arrangements for the appointment of foundation
managers of voluntary schools not being complete.

The Board would urge that so far as possible the same
day should, in the interests of simplicity, be suggested for
all purposes of the Act, but in cases where the council
show to the satisfaction of the Board that their duties in
regard to elementary education cannot advantageously be
assumed for some weeks or months to come, the Board

Instalments of Grants. 215

of Education will be prepared to name the 1st of April, or Appndx.
as early a date as may be practicable, for the purposes of A^-
Part II. of the Act, and a later day for the purposes
of Part III.

I am to add that an Education Committee under the
Act can be set up as soon as the scheme establishing it is
approved, and in advance of the appointed day for the
general purposes of the Act.

I have the honour to be,
Sir,
Your obedient servant,

Egbert L. Morant.

XI.

CIRCULAR No. 477. Appndx.

A. XL
CIRCULAR TO LOCAL EDUCATION

AUTHORITIES.

Board of Education,

Whitehall, London, S.W.

Uth March, 1903.

Sir,

I am directed by the Board of Education to state for
your information that it is proposed to pay to local
education authorities instalments of annual grant after the
appointed day ; but any such payment must be limited by
the condition that it should not increase the total amount
that would in ordinary circumstances be paid out of the
Exchequer in respect of any school during the financial
year ending 31st March, 1904.

The Board are therefore prepared to pay such instal-
ments in respect of all schools maintained by your council
whose school years end not later than 31st December, 1903.
Where an instalment of fee grant becomes payable in the
ordinary course in respect of any such school on or after

216 Appendix A.

Appndx. the appointed dav, the Board will pay at the same time an
A.^Sl. instalment of annual grant equal in amount (usually) to
twice the instalment of fee grant ; i.e., at the rate of 5.3. a
quarter for each unit of average attendance.

The effect of this arrangement, where the appointed day
is 1st April, 1903, is shown in the accompanying schedules.
Schedule A. gives the dates on which instalments will be
paid in respect of schools of the various school years.
Schedule B. is a re-arrangement of Schedule A., so as to
show to what schools the various instalments paid on each
date refer.

Where the appointed day is later than 1st April, 1903,
the mode of payment will be seen by striking off, from
either schedule, all payments on dates preceding the
appointed day.

It should be observed that the schedule relates only to
instalments of annual grant : the balance of the grants due
in respect of each school year will be paid at about the
same time as the whole annual grant and balance of fee
grant have been paid in previous years.

It would be a convenience to this Board, and would
conduce to the earlier settlement of financial arrangements,
if you could furnish, with as little delay as possible, a
statement showing the anticipated abnormal deficiency on
the first year's working of the new Act in the area under
your council.

I have the honour to be.
Sir,
Your obedient Servant,

Egbert L. Morant.

Payment of Grants before Appointed Day.

217

[Assuming 1st April, 1903, to he appointed day.] Appndx-

A. XI.

SCHEDULE A.

dates the instalm^
schools of each school year will be paid.)

(Showing at what dates the instalments in respect of
ehc

School }-ear ending

Dates of payment of instalments.

31st March, 1903 -

None.

30th April, 1903 -

None.

31st May, 1903

None.

30th June, 1903

OS. on 1st April.

31st July, 1903

5^. on 1st May.

31st August, 1903 -

5.?. on 1st June.

80th September, 1903 -

OS. on 1st April.

OS. on 1st July.

31st October, 1903 -

5s. on 1st May.

5^. on 1st August.

30th November, 1903 -

OS. on 1st June.

OS. on 1st September.

31st December, 1903

5^. on 1st April.

5,9. on 1st July.

5.?. on 1st October.

31st January, 1904-

None.

(or later)

SCHEDULE B.

(Showing to what school years the payments on each
date refer.)

Date of payment.

End of school year to which
instalments paid on this date refer.

1st April, 1903

30th June (o5.)

30th September (5*.)

31st December (5.j.)

1st May, 1903 ...

31st July (55.)

31 St October (5.5.)

1st June, 1903

31st August (5^.)

30th November (5*.)

1st July, 1903

30th September (5*.)

31st December (5.?.)

1st August, 1903 -

31st October (5.s.)

1st September, 1903

30th November (5^.)

1st October, 1903 -

31st December (5^.)

1st November, 1903

None.

(or later)

218 Appendix A.

Appndx.
A. XII.

XII.

CIKCULAR No. 475.
CIRCULAR TO SCHOOL BOARDS.

TRANSFER OF CASH BALANCES TO LOCAL
EDUCATION AUTHORITIES.

Whitehall, London, S.W.

2Srd March, 1903.
Sir,

Inquiries are being made as to the position of school
boards, in regard to cash balances which pass to the local
education authorities on the transfer of powers under the
Education Act of 1902.

The Board of Education desire to call attention to the
fact that section 68 of the Local Government Act, 1894, as
applied by the Second Schedule (22) to the Education Act,
1902, makes adequate provision for the adjustment of all
such balances, to be effected by agreement between the
school boards and the new authorities. It follows that
school boards need not hesitate to issue their ordinary
precepts to the rating authorities or any further precepts
that may be required to enable them to ensure the
liquidation in full of all current debts and liabilities
before the appointed day.

I have the honour to be,
Sir,
Your obedient servant,

Robert L. Morant.

The Clerk to the School Board.

Draft Scheme for Education Committee. 219

Appn dx.
B.

APPENDIX B.

DRAFT SCHEME FOR A COUNTY EDUCATION
COMMITTEE (S. 17).

THE [insert name of county] EDUCATION
COMMITTEE SCHEME (a).

Part I.

1. There shall, as soon as may be after the date of the

approval by the Board of Education of this scheme, be

constituted for the advancement of all grades of education

for the inhabitants of the administrative county of [*]* Insert the

^ »- -J name of the

a committee, which shall be called the "[*] Education county.

Committee," consisting of not less than twenty-seven nor

more than thirty-seven (b) members, not less than twenty oi

whom shall be called representative members and not

more than seven selected members, provided that amongst

the members of the committee there shall always be

persons acquainted with the needs of, and experienced in,

all types of education and grades of schools in the area,

including the following :

University education,

Agricultural education.

Technological education,

First grade secondary schools,

Second grade secondary schools.

Evening schools.

Girls' higher education,

(«) This scheme is in effect that already adopted by the
Surrey County Council.

(&) The numbers are, of course, capable of variation provided
the council appoint a majority. Though appointed by the
council the majority need not be members of the council
(s. 17 (3) (a)). When there is a joint committee for the whole
county of all authorities, under s. 17 (5), it is sufficient if the
councils of all the authorities appoint the majority ; that is the
arrangement suggested above.

districts.

220 Appendix B.

Appndx. Girls' lower education,

•"• Council elementary schools,

Voluntary elementary schools,
and if the representation of such types of education at any
time is not secured by the members appointed under
s. 2 (a) it shall be secured by means of the members
selected under s. 5, and, if it appears desirable to the
council, after consultation with persons or bodies repre-
sentative of the type of education concerned.

2. The representative members shall be appointed :

(a) Twenty by the county council from its own members.

nameTof (^) '^^^'^ ^^ ^^^^ ^^ ^^^^^ ^^ *^^ [tj Councils in the

Part III. county beinff education authorities for the pur-

uoroiis'ns or «/ «_? a.

sanitary pose of Part III. of the Education Act, 1902, as

agree to combine with the county council in the

constitution of a joint committee for all purposes

of the Act.

3. The first selected members shall be :
[Insert the seven first selected members hy name; they

should he leading educationists residing in the county, one
representing the university interest, another a hig public
school, another technical education, a fourth a leading
chamber of commerce, etc. At least one or more should be
ladies representing ladies^ colleges or schools. If jJ^ef erred the
scheme can permit outside bodies, e.g., voluntary associations,
to nominate one or more representatives. Paragraph 5 must
then be altered accordingly."]

4. Every appointment of a Kepresentative Member shall

be made at a meeting held in accordance with the ordinary
practice of the electing body, and all Representative Mem-
bers so appointed, if they are members of the electing
body, shall cease to be members of the committee if they
cease to be members of the electing body, and are not
forthwith re-appointed to be members of such body.

5. After the appointment of the first committee every
appointment of a Selected Member shall be made by
the county council on the recommendation of the educa-
tion committee and shall be for three years, provided

Draft Scheme for Education Committee. 221

always that no person engaged as a teacher in the county in Appndx.
any institution in receipt of annual maintenance grants ^•
from the county council under the Act of 1902 be
eligible to be a Selected Member, and that no person be
disqualified from being a Selected Member by reason of
his becoming a member of the county council, provided
also that the first election of Selected Members shall be
for the period expiring on the 8th of March, 1906.

6. (a) Representative members of the committee (2 (a))
appointed by the county council, other than ex officio
members, shall hold office for three years subject to the
provisos in clauses 4 and 8, and one-third as nearly as may
be of such members shall go out of office on the 8th day
of March in each year, but every member so retiring shall
be eligible for re-election, provided that the first election
of Representative Members shall be for the period expiring
on the 8th of March, 1906 ; (b) any member of the com-
mittee may resign his membership by a notice in writing
addressed to the Secretary of the Committee, who shall
forthwith give notice thereof to the body by whom such
member was elected or appointed.

7. Casual vacancies shall only be filled for the remainder
of the term for which the vacating member was appointed
to serve.

8. The county council shall determine the order of
retirement of the first Representative Members appointed
by it, provided that no such retirement shall take place
before the 8th March, 1904.

9. Representative Members appointed by the councils in
the county being education authorities for the purpose of
Part III. of the Education Act, 1902, shall hold office
for one or three years as may be decided by the appointing
authority (c).

(c) Clauses 10 to the end, which formed part of the Surrey
draft scheme, have been omitted from the tinal scheme adopted
by the Surrey County Council, as being matters of internal
regulation not necessary to be inserted in the scheme ; they have

222 Appentdix B.

Appndx. 10, From the date of tlie coming into office of tlie repre-

sentative members in 2 (a) above, the powers of the present
technical education committee are vested in the county
education committee.

11. The committee shall present to the county council,
and for publication, a general report of their proceedings
every quarter, and for the county council meeting in each
month of May a detailed estimate of their proposed
expenditure for the current year, and, subject to the above
conditions, it shall have delegated to it all powers under
the Education Acts, 1870 to 1902, except those of making
a rate or borrowingr monev.

Part IL — Funds.

12. The county council shall pay to the committee
constituted as above :

(a) For the purposes of higher education :

(1) All sums when and as received by the county

council in any year under the provisions of
the Local Taxation (Customs and Excise) Act,
1890.

(2) The proceeds of anj^ rate under Part II. of the

Act levied over the whole rateable area of the
county, when and as received.

(3) Any special rates levied over special areas of the

county in connection with higher education in
those areas, when and as received.

(b) For the purposes of elementary education :

(1) Such sum as may be required after an estimate
has been submitted by the finance committee
of the county council.

been retained in the text, as they may contain information of
use to other councils.

Draft Scheme for Education Committee. 223

(2) Any special rates levied over special areas of the Appndx.
county for tlie provision or improvement of "•
public elementary schools, when and as
received.
The committee shall keep distinct and separate accounts
for (a) and (b) as above.

13. There shall also be paid to the committee :

For the purposes of higher education :

When and as received, all grants paid by the Board
of Education, South Kensington, in respect of any
school or institution in the county working under
the provisions of clause YII. of the day or evening
school regulations of the Board of Education, South
Kensington.

For the purposes of elementary education :

When and as received, all grants from the Board of
Education, Whitehall, in respect of elementary
education, including the parliamentary grant, the
fee grant, the new special aid grant, the Agricultural
Eating Act grant, and all sums received from
endowments affected by clause 13 of the Act.

224 Appendix C.

Appndx.
C.

APPENDIX C.

(a) SCHEME FOR A GROUP OF MANAGERS
OF NON-PROVIDED SCHOOLS UNDER THE
EDUCATION ACT, 1902, s. 12.

*iDsertthe 1. A group of managers shall, with the consent of
thriocai [*] ^e constituted as provided by section 12 of the

education Education Act, 1902, for the following non- provided
authority. , , o t

schools :

[Set out names of schools.]

2. Save as herein provided the body of six managers of
each of the said non-provided schools shall continue to
exercise all the rights and duties of managers with regard
to their own schools [(&), but they shall not exercise any of
their powers of appointing or dismissing teachers, or of
controlling religious instruction without the consent of the
group].

*liisert the 3. The body of managers for each school shall, with the
the local consent of ["^J, appoint not less than three managers as
authority, delegates to the group, — two, or a similar proportion, to
represent the foundation managers ; one, or a similar pro-
portion, to represent the non-foundation managers.

»insertthe 4. The group shall be responsible to the [*] for

theioSii providing the school-house, for repairs and improvements,

authority ^^^ damage to furniture within section 7 (2), for keeping

the rooms in proper condition for school purposes (c), and

(a) Such groups will probably only be of use in moderate
sized towns where joint action will secure financial stability
without loss of local interest. Where possible the group might
coincide with the existing Diocesan Voluntary Associations (or
Their Ruridecanal Sub-associations) under the Act of 1897.
For a list of these, see Appendix E. The Board themselves
suggest the Voluntary Associations as the basis of grouping for
financial purposes. See above, Circular 472, p. 211.

(J) Where desired this clause may be omitted.

Managers of Nox-Provided Schools. 225

for all other financial liability imposed on the managers of Appndx.
each school. C-

5. With the consent of ['^J all funds accruing to each *lnsert the
of the schools, whether from fees, grants, endowments, or the local
subscriptions, shall be paid to the group ; the group shall |ut£ity
hold any funds accruing to any school under Sched. 11. (12)

in trust for that school absolutely ; and all other funds
accruing to any school also in trust for that school, but
with power to transfer not more than a quarter of any
such fees, grants, endowments, or subscriptions (when by
law transferable) so accruing to any school, to any other
of the schools above-named : Provided always that such
transfer of such portion of any such funds shall not be
made without the consent of at least two-thirds of the
whole group.

6. Wliere advisable, the group shall take action under
the provisions of section 8, with a view to the provision of
new schools.

7. The group shall have power to appoint a chairman
and treasurer, to make rules for its own procedure, and to
appoint committees.

8. This agreement shall terminate at the end of three
years or sooner, on notice from all the bodies of managers,

and with the consent of the ["^J. The arrangement, -insert the
when terminated, may be renewed at any time by the J^^f^cai

parties thereto. education

authority.

E.A.

226

Appendix D.

APPENDIX D.

THE LOCAL EDUCATION AUTHORITIES FOR HIGHER
AND ELEMENTARY EDUCATION TOGETHER WITH
THE NAMES AND ADDRESSES OF CLERKS AND
ORGANISING SECRETARIES.

A. — The Sixty-two Administrative Counties.
England and Wales.

County.

Clerk.

Organising Secretary.

Anglesey-

J. Lloyd Griffith.

Bedford -

W. W. Marks -

Frank Spooner,

Shire Hall, Bedford.

Berks -

J. T. Morland -

G. J. Hill,

.SO, The Forbury, Reading.

Brecknock

H. Edgar Thomas.

Bucks -

William Crouch -

C. G. Watkins,

Technical Education Office,
Aylesbury.

Cambridge

Edward Hugh Jackson

Austin Keen,

County Education Office,
Cambridge.

Isle of Ely -

E.H.Jackson(Wisbech)

Cardigan

H. C. Eryer.

Carmarthen -

T. Jones.

Carnarvon

J. H. Bodwel-Roberts.

Cheshire -

Reginald Potts -

R. P. Ward,

Organising Secretary's
Office, Nantwich Road,
Crewe.

Cornwall

C. L. Cowlard -

John Gill.

Gwealhellis, Helston.

Cumberland -

Charles Bernard Hodg.

C. Courtenay Hodgson,

son.

The Courts, Carlisle.

Denbigh -

W. R. Evans.

Derby -

N. J. Hughes-Hallett -

Evan W. Small,

County Offices, Derby.

Clerks and Organising Secretaries. 227

County.

Clerk.

Organising Secretary.

JDevon -

H. Michelmore -

J. F. Young.

County Technical Offices,
Exeter.

Dorset -

E. Archdall Ffooks -

B. R. Swift,

Shire Hall, Dorchester.

Durham -

Ralph Simey

J. A. L. Robson,

Shire Hall, Durham.

Essex -

Henry Gibson

J. H. Nicholas,

County Offices, Chelmsford.

Flint

T. T. Kelly.

Glamorgan

T. M. Franklen.

Gloucester

Edward T. Gardom.

Hereford-

J. F. Symonds

John "Wiltshire,

Shire Hall, Hereford.

Hertf orcl -

Charles Elton Longmore

Albert Dean,

Easttield, St. Albans.

Huntingdon -

J, Percy Maule.

Kent

W. B. Prosser -

F. W. Crook,

53, Parliament Street, S.W.

Lancashire

Harcourt E. Clare

H. Lloyd Snape,

County Offices, Preston.

Leicester -

W. J. Freer

A. J. Baker,

33, Bowling Green Street,
Leicester.

Lincoln (Kest-

J. Phillips -

Hudson Donaldson,

even).

St. Catherine's Road,
Grantham.

Lincoln (Lind-

C. Scorer -

S. Maudson Grant,

sey).

17, Mint Street, Lincoln.

Lincoln (Hol-

H. C, Johnson (Boston)

land).

London -

G. L. Gomme

William Garnett,

116, St. Martin's Lane,
W.C.

Merioneth

Robert Jones.

Middlesex -

Sir Richard Nicholson -

B. S. Gott,

Guildhall, AVestminster,
S.W.

Monmouth

H. Stafford Gustard -

A. B. Badger,

County Offices, Newport.

Montgomery -

G. D. Harrison.

Norfolk -

C. Foster -

Edward Pillow,

Shire Hall, Norwich.

Northampton -

H. P. Markham -

Byron R. Simpson,

County Hall, Northampton.

Soke of Peter-

L. J. Deacon.

borough.

Pembroke

\V. D. George.

Q 2

228

Appendix D.

County.

Clerk.

Organising Secretary.

Northumber-

Stephen Sanderson

Charles Williams,

land.

Moot Hall. Newcastle-on-
Tyne.

Nottingham -

Jesse Hind - - -

Shire Hall, Nottingham.

Oxford -

Thos. M. Davenport -

Percy Elford,

8, New Road, Oxford.

Radnor -

Edward Wood.

Rutland -

B. A. Adam.

Salop

E. Cresswell Peele

F. R. Armytage, Shire Hall,
Shrewsbury.

Somerset -

W. Dunn -

C.H. Bothamley,

Somerset County Educa-
tion Committee, Weston-
super-Mare.

Southampton

(Hampshire).

Isle of Wight -

H. Barber, LL.B.

D. T. Cowan, Winchester.

William H. Wooldridge

J. T. Custance, Newport.

Stafford -

Matthew F. Blakistou -

G. Balfour,

County Technical Offices,
Statford.

Suffolk (East

James Cherry

W. E. Watkins

and West).

White House Tower
Churchyard, Ipswich.

Surrey -

Sir R. H. Wyatt -

H. Macan,

County Hall, Kingston-on-
Thames.

Sussex (East

Frederic Merrifield

Edwin Young,

and West).

County Hall, Lewes.

Warwick

A. S. Field -

A. H. Whipple,

Education Office, Warwick.

Westmoreland

J.Bolton -

C. J. R. Tipper,

Kent Street, Kendal.

Wilts -

R. W. Merriman -

C. H. Corbett,

County Offices, Trowbridge.

W orcester

S. Thornely

James Mason,

County Hall, Worcester,

York, E. R. -

J. J. Bickersteth.

York, N. R. -

W. C. Trevor -

W. Mennell,

County Offices, Northaller-
ton.

York, W. R. -

Francis Alvey Darwin -

W. Vibart Dixon,

West Riding Offices, Wake-
field.

Clerks and Organising Secretaries.

229

B.— The Sixty-nine County Boroughs.
England and Wales.

Borough.

Clerk.

Organising Secretary.

Barrow - in-

C. F. Preston.

Furness.

Bath

Benjamin Hick Watts -

Godfrey A. Day,

Municipal Technical
Schools, Bath.

Birkenhead -

Alfred Gill -

A. H. Crosby,

Municipal Science and Art
Schools, Birkenhead.

Birmingham -

Edward Oxford Smith.

Blackbm-n

Robert E. Eox -

Arthur W. King,

Municipal Technical
Schools, Blackburn.

Bolton -

R. G. Hinnell -

F. Wilkinson,

Municipal Technical
Schools, Bolton.

Bootle -

J. H. Farmer

J. J. Ogle,

Free JPublic Library and
Technical School, Bootle.

Bournemouth -

Henry Beale.

Bradford

Frederick Stevens.

Brighton

F. J. Tillstone.

Bristol -

Daniel Travers B urges.

Buckingham -

T. R. Heam.

Burnley -

Alfred Steele Sheldon.

Bury (Lanes.) -

J. Haslam.

Cambridge

J. E. L. Whitehead,

M.A.
Henry Fielding.

Austin Keen.

Canterbury

Cardiff - .

J. L. Wheatley -

J. A. Jenkins,

University College, South
Wales, and Monmouth-
shire, Cardiff.

Chester -

S. Smith.

Coventry

L. Beard.

Croydon -

E. Mawdesley.

Derby -

H. F. Gadsby -

F. W. Shurlock,

Municipal Technical
College, Derby.

Devonport

A. B. Pilling.

Dudley -

H. C. Brettell.

Exeter -

G. R. Shorto

Gateshead

W. Swinburne -

230

Appendix D.

Borough.

Clerk.

Organising Secretary.

Gloucester

G. S. Blakeway.

A. Ballinger,

Municipal School, Glou-
cester.

Grimsby

W, Grange.

(Great).

Halifax -

Keighley Walton -

J. Crowther,

Municipal School, Halifax.

Hanley -

A. Challinor.

Hastings -

Benjamin F. Meadows.

Huddersfield -

Frederick C. Lloyd.

Hull(Kingston-

E. Laverack.

upon-Hull).

Ipswich -

W. Bantoft.

Leeds

\Vm. John Jeeves.

Leicester

James Bell.

Liverpool

E. R. Pickmere -

W. Hewitt,

Municipal Buildings, Liver-
pool.

Lincoln -

J. T. Tweed.

Manchester -

William Henry Talbot -

J. H. Reynolds,

Municipal Technical
School, Princess Street,
Manchester.

Middles brough

George Bainbridge.

Newcastle-

Hill Motum.

upon-Tyne.

Newport (Mon.)

A. A. Newman -

W. Bush,

Technical Schools, Newport
(Mon.).

Northampton -

W. Shoosmith

Norwich -

G. B. Kennett.

Nottingham -

Sir S. G. Johnson

Philip H. Stevenson,

University College, Notting-
ham.

Oldham -

A. Nicholson.

Oxford -

Richard Bacon -

Arthur F. Kerry,

City Technical School,
Church Street, Oxford.

Plymouth

J. H. Ellis.

Portsmouth -

A. Hellard.

Preston -

H. Hamer.

Beading -

H. Day.

Rochdale

James Leach

A. Barnish,

Municipal Technical
School, Nelson Street,
Rochdale.

Clerks and Orgaxisixg Secretaries.

231

Borough.

Clerk.

Organising Secretary.

St. Helens

George W. Bailey

Jefferson J. Broomhead,

Municipal Technical
Scliool, Gamble Institute,
St. Helens.

Salford -

L. C. Evans

W. Wilson.

Royal Technical Institute,
Salford.

Sheffield -

W. G. Collingwood.

Southampton -

R. R. Linthorne -

South Shields -

J. Moore Hayton, B.A.

Stockport

Robert Hvde.

Sunderland

F. M. Bowey

B. Branford,

The Technical College,
Sunderland.

Swansea -

J. Thomas.

WalsaU -

J. R. Cooper

John Turner,

Municipal Science and Art
Institute, Bradford Place,
Walsall.

West Brom-

Alfred Caddick.

wich.

West Ham -

Fredk. E. Hilleary,

A. E. Briscoe,

LL.D.

Municipal Technical
School, West Ham, E.

Wigan -

John James Charnock.

Wolverhampton

Horatio Brevitt.

Worcester

John Warwick -

Thomas Duckworth,

Municipal Technical
School, Victoria In-
stitute, Worcester.

Yarmouth

Henry B. Batten.

(Great).

York -

W. H. Andrew.

232

Appendix D.

ADDITIONAL LOCAL EDUCATION AUTHOEITIES
FOR ELEMENTARY EDUCATION ONLY.

(a) The 137 Non.

-COUNTY Boroughs with Populations

OF over 10,000.

Accrington.

Darlington.

Ashton-under-Lyne.

Darwen.

Bacup.

Deal.

Banbury.

Dewsbury.

Bangor.

Doncaster.

Barnsley.

Dover.

Barnstaple.

Dukinfield.

Batley.

Durham.

Bedford.

Ealing.

Berwick-upon-Tweed.

Eastbourne.

Beverley.

East Retford

Bexhill.

Eccles.

Blackpool.
Boston.
Bridgwater.
Bridlington.

Falmouth.

Faversham.

Folkestone.

Brighouse.

Glossop.

Burslem.

Grantham.

Bury St. Edmunds.
Cambridge.

Gravesend.
Guildford.

Carlisle.

Harrogate.

Chatham.

Hartlepool.

Chelmsford.

Harwich.

Cheltenham.

Haslingden.

Chesterfield.

Hemel Hempstead.

Chichester.

Hereford.

Chipping Wycombe.

Heywood.

Chorley

Hove.

Clitheroe.

Hyde.

Colchester.

Ilkeston.

Colne.

Jarrow.

Congleton.

. Keighley.

Crewe.

Kendal.

Local Education Authorities.

233

Kidderminster.

Bochester.

King's Lynn.

Boyal Leamington Spa.

Kingston-on-Thames.

Byde.

St. Alban.

Lancaster.

Leigh.

Lewes.

Longton.

Loughborough.

Lowestoft.

Salisbury.

Scarborough.
Shrewsbury.
Smethwick.
Southend-on-Sea.

Luton.

Southport.
Stafford.

Macclesfield.

Stalybridge.

Maidenhead

Stockton-on-Tees.

Maidstone.

Stoke-upon-Trent.

Mansfield.

Sutton Coldfield.

Margate.

Swindon.

Middleton.

Morecambe.

Taunton.

Morley.
Mossley.

Thornaby-on-Tees.

Tiverton.

Todmorden.

Neath.

Torquay.

Nelson.

Truro.

Newark.

Tanbridge Wells.

Newbury.

Tynemouth.

Newcastle-under-Lyme.

Newport.

Wakefield.

Warwick.

Ossett.

Wednesbury.

Pembroke.

Wenlock.

Penzance.

Weymouth and Melcombe

Peterborough.

Begis.

Pontefract.

Whitehaven.

Poole.

Widnes.

Pudsey.

Winchester.

Kamsgate.
Bawtenstall.

Windsor, New.
Workington.

Eeigate.

Worthing.

Bichmond.

Wrexham.

234

Appendix D.

(b) The 64 Urban Districts with Populations
OVER 20,000.

Aberdare.
Abertillery.
Acton.
Aldershot.
Aston Manor.

Barking Town.

Barry.

Beckenham.

Bilston.

Bromley.

Cannock.
Cliadderton.
Chiswick.
Coseley.

East Ham.
Ebbw Vale.
Edmonton.
Enfield.
Erith.

Farnworth.
Felling.
Fenton.
Finchley.

Gillingham.

Gorton.

Gosport and Alverstoke.

Handswortb.

Hebburn.

Hendon.

Heston and Isleworth.

Hindley.

Hornsey.

Ilford.

Ince-in-Makerfield.

Kettering.

King^s Norton and Northfield,

Leyton.
Llanelly.

Merthyr Tydfil.

Moss Side.
Mountain Ash.

Nuneaton and Chilvers Coton,

Oldbury.

Pemberton.

Penge.

Pontypridd.

KadclifFe.
Ehondda
Kowley Kegis.

Shipley.

Stretford.

Swinton and Pendlebury.

Tipton.

Tottenham.

Twickenham.

Wallasey.

Wallsend.

Walthamstow.

Waterloo-with-Seaforth.

Watford.

Willesden.

Wimbledon.

Withington.

Wood Green.

List of Approved VoluntapvY Associations. 235

APPENDIX E.

LIST OF APPROVED VOLUNTARY ASSOCIATIONS.

(Section 17 (3) (b) ; Schedule II. (12).)

Church of England.

29.

North Salop.

30.

Norwich (Diocesan).

Bangor (Diocesan).

31.

Nottingham.

Bath and Wells (Diocesan).

32.

Oxford (Diocesan).

Bedford.

33.

Peterborough (Diocesan).

Berkshire.

34.

Kipon (Diocesan).

Bristol (Diocesan).

35.

Rochester (Diocesan).

Canterbury (Diocesan).

36.

St. Asaph (Diocesan).

Carlisle.

37.

St. David's (Diocesan).

Chester (Diocesan).

38.

Salisbury (Diocesan).

Chichester (Diocesan).

39.

Staffordshire.

10.

Derby.

40.

Sudbury.

11.

Dorset.

41.

Surrey (Winchester).

12.

Durham (Diocesan).

42.

Truro (Diocesan).

13.

Ely.

43.

Wakefield (Diocesan).

14.

Essex (St. Albans).

44.

Worcester (Diocesan).

15.

Exeter (Diocesan).

45.

York (Diocesan).

16.

Gloucester (Diocesan).

17.

Hampshire.

Wesleyan.

18.

Hereford.

46.

London & S. E.

19.

Herts (St. Albans).

47.

Midland.

20.

Huntingdon.

48.

North East.

21.

Isle of Wicrht.

49.

North Central.

22.

Lincoln (Diocesan).

50.

North West.

23.

Liverpool (Diocesan).

51.

South West.

24.

Landaff (Diocesan).

25.

London (Diocesan).

Roman Catholic.

26.

Ludlow.

52.

Birmingham (Diocesan).

27.

Manchester (Diocesan).

53.

Clifton and Newpoi

28.

Newcastle (Diocesan).

(Diocesan).

236

Appendix E.

54. Hexliam and Newcastle

(Diocesan).

55. Leeds and Middlesbrongh

(Diocesan).

56. Liverpool (Diocesan).

57. Nottingham and North-

ampton (Diocesan).

58. Salford (Diocesan).

59. Shrewsbury and Menevia

(Diocesan).

60. Southwark (Diocesan).
€1. South West.

62. Westminster (Diocesan).

British.

63. Bristol and District.

64. Cheshire and District.

65. Eastern Counties.

66. Lancashire and District.
London and District.
Midland Counties.
Northern Counties.
North Wales.

71. South Wales and Mon.

72. South Western.

73. West Biding of Yorkshire.

74. Jewish.

75. Isles of Scilly.

67.
68.
69.
70.

Foundation Managers. 237

Appndx.
F.

APPENDIX F.
FOUNDATION MANAGERS.

(a) FINAL ORDER MADE UNDER SECTION 11
OF THE EDUCATION ACT, 1902.

E. A. 20 A

Whereas aioplication has been made to the Board of
Education by the owners, trustees, or managers of the
schools sjDecified in the Second Schedule hereto for an
order appointing foundation managers of the said schools :

Now the Board of Education do hereby order as
follows —

1. The appointment of foundation managers of each
of the schools specified in the Second Schedule hereto
shall be made in accordance with the provisions specified
in the First Schedule hereto.

2. This order shall take effect from this date as a
final order for the purposes of section 11 of the Educa-
tion Act, 1902.

Given under the Seal of Office of the Board of Educa-
tion this day of , 1903.

THE FIRST SCHEDULE.

1. The provisions contained in the First Schedule of Continua-
the interim order already made in the matter of the school interim
shall continue in force for a year from the appointed day

on which Part III. of the said Act came into qperation.

2, On and after the expiration of the said period the Foundation
foundation managers shall (subject as hereinafter provided) ^^ ^
consist of one tx officio manager and three representative
managers.

(a) These final orders vary in form to suit different cases ; the
form here given contains very usual provisions. — Edd.

E..A Q 7

238

Appendix F.

Appndx.
F.

Ex officio
manager.

Repre-
sentative
managers.

Qualified
persons.

3. The ex officio manager shall be the person who is the
principal officiating minister of the ecclesiastical parish or
district within which the school is for the time being
situated. If the said minister refuses to act, or is absent
from all meetings of the managers during a period of six
months, the archdeacon of the archdeaconry within which
the school is situated may from time to time appoint some
qualified person to act as his substitute for the current
triennial period, and so in respect of each subsequent
triennial period, provided that if the minister in whose
place the substitute is appointed vacates the office of
minister, his successor shall forthwith be ex officio manager
in j)lace of the said substitute.

4. The representative managers shall be qualified persons
elected by qualified subscribers (6) to the funds of the school
at a meeting to be held triennially for that purpose.
Their term of office shall be three years, but they shall
remain in office till their successors are elected or other-
wise appointed, and shall be eligible for re-election or
re-appointment.

If at the date of any meeting for the election of repre-
sentative managers there are less than eight qualified
subscribers, or if the qualified subscribers fail to elect, the
right of the qualified subscribers shall, for that turn, be
exercised by the persons who are at the time the founda-
tion managers of the school.

5. " Qualified persons " shall mean persons residing in
or near the said ecclesiastical parish or district, or having
a beneficial interest to the extent of a life estate at the
least in real property situated in the said parish or district,
and being and continuing to be bo7id fide members of the
Church of England, and no person who is required to
possess these qualifications shall be entitled to act as a
foundation manager until he has signed a declaration that
he is a member of the Church of Emrland.

(])) This is the commonest form for choosing the three repre-
sentative foundation managers. Sometimes, however, they are
co-opted, or one is nominated by the minister or vicar and
churchwardens, and the other tvvo are co-opted or elected by
subscribers. — Edd.

Foundation Managers. 239

6. " Qualified subscribers " shall mean — Appndx.

(a) Persons who have voluntarily contributed a sum of ^•

not less than two shillings and sixpence to the
funds of the school in each of the three last tion of
preceeding school years. subscribers.

(b) Persons who have voluntarily contributed to the

funds of the school not less than five pounds in
one sum.

tributed to the funds of the school not less than
ten pounds in one sum.

7. The foundation managers shall keep a list (corrected ^^^J*^^.^

^ ^ n 1 subscribers.

up to date) of Cjualified subscribers, and this list shall be

open to inspection by all persons interested. No person

as respects his right to vote shall be regarded as a qualified

subscriber unless his name is included in the said list.

8. It shall be the duty of the foundation managers, by Meetings

, , . . . ^v. . . 1 . -IT a^*i voting,

public notice given a sufficient time, being not less than

twenty-one days before the expiration of the term of office

of the first foundation managers appointed under the said

interim order, and afterwards before the end of each

triennial period, to call a meeting of subscribers for the

purpose of electing foundation managers. Each subscriber

shall have one vote only in respect of each vacancy.

Subscribers may give their votes either personally at
the meeting or by writing delivered before the commence-
ment of the meeting to the person named for that purpose
by the foundation managers in the notice convening the
meeting.

Any society or body may exercise its power of voting
through its secretary or some other j)erson authorised by
it in writing for that purpose.

One of the foundation managers chosen by them shall
preside at the meeting for the election, and it shall be his
duty before the close of the meeting to declare the result
of the election.

The names of persons elected or appointed to be founda-
tion managers shall be communicated to the clerk of the
local education authority by the foundation managers.

240

Appendix F.

Appndx.
F.

Increase of
number.

Casual
vacancies.

Determi-
nation of
office.

Default
in election
or appoint-
ment.

Disputes.

9. If at any time tlie local education authority, under
the provisions of section 6 (3) (b) of the Education Act,
1902, increase the total number of managers, the additional
number of foundation managers required shall be provided
by the co-ojDtation from time to time by the foundation
managers of a sufficient number of qualified persons, who
shall hold office for the same term and subject to the same
conditions as if they were rejDresentative managers.

10. If any casual vacancy occurs among the representa-
tive managers or managers co-opted under clause 9 hereof,
it shall be filled by the appointment by the remaining
foundation managers of some other qualified person to
hold office for the remainder of the term.

11. Any foundation manager, other than a manager
ex officio^ who ceases to be qualified as aforesaid, or who is
absent from all meetings of the managers during a period
of one year, or who is adjudicated a bankrupt, or who is
incapacitated from acting, or who sends to the foundation
managers his written resignation, shall thereupon cease to
be a foundation manager.

12. If for any reason there is a failure to hold any
election required by this order, or make any appointment
so required, any person interested may apply to the Board
of Education, and the Board of Education may by order
give such directions as are necessary for the purpose of
holding the election or making the appointment, and any
election held or appointment made under such directions
shall be as valid as if it had been held or made in pursuance
of this order.

13. Any dispute arising out of or in relation to the
election, appointment, or qualifications of foundation
managers or subscribers, shall be referred to and deter-
mined by the Board of Education.

Until the contrary is proved foundation managers shall
be deemed to have been duly elected or appointed.

( 241 )

EDUCATION (LONDON) ACT, 1903.

(3 Edw. 7, c. 24.)

An Act to extend and adapt the Education Act,
1902, to London, [14th August 1903.]

1. The Education Act, 1902 (in this Act Application

^ ^ ' ^ of Educa-

referred to as the principal Act), shall, so far asji^^^^ct,
applicable, and subject to the provisions of this London.
Act, apply to London.

The principal Act did not, in its general provisions, extend
to London (see s. 27 (1), p. 140, above). The local education
autliority for London is the London County Council (s. 1,
p. 96, above), acting through its education committee, save
for the purposes of finance (s. 17, p. 121, above). The
original bill contained proWsions for the representation of
the borough councils on the education committee, but
these were withdrawn. Section 17 will therefore aj)ply in
its entirety. The effect of this section is that, subject to
the approval of the Board of Education, the committee
may consist of none but members of the council, together
with one woman outsider. Doubtless, however, the council
will co-opt on to the committee a strong body of outside
experts, under s. 17 (3) (b) (p. 122, above). The metro-
politan borough councils have none of the powers as to
elementary education possessed by ordinary boroughs with
over 10,000 inhabitants, under s. 1 of the principal Act
(p. 96, above) (see Sched. I., s. 1, below).

Provisions

2. — (1) Every public elementary school pro- ''^I^.^^q.
vided by the local education authority within the "SVf"^

provided
Q 9 schools.

242 Education (London) Act, 1903.

Sect. 2. area of any metropolitan borough shall have a
body of managers. The number of those managers
and the manner in which schools, in cases where
it is desirable, should be grouped under one body
of managers shall be determined by the council
of each borough, after consultation with the local
education authority, and subject to the approval
of the Board of Education.

Two-thirds of every such body shall he
appointed by the borough council and one-third
by the local education authority ; but due regard
shall be had in selecting managers to the inclusion
of women in the proportion of not less than one-
third of the whole body of managers, and, in the
case of the first body of managers, also of
members chosen from the then existing bodies
of managers, and the borough council and the
local education authority shall carry out any
directions given by the Board of Education for
the purpose of giving effect to this provision.

The provisions of this sub-section reiDlace for London
s. 6 (1) of the princij^al Act (see Sched. I., 3, below).
Subject to the veto of the Board of Education and to the
requirements of the above paragraph as to the inclusion
of women, there is nothing to prevent a borough council
grouping all the provided schools in its area under one
strong body of managers, which could, in effect, be a com-
mittee of the council. Section 12 of the principal Act as
to grouping is not to apply to provided schools in London
(see Sched. L, 3, below).

(2) The site of any new public elementary
school to be provided by the local education
authority shall not be determined upon until after
consultation with the council of the metropolitan

Provisions as to Management. 243

borough in which the proposed site is situated, Sect. 2.
aud in the case of compulsory purchase, if the
council of the metropolitan borough does not
concur in the proposed compulsory acquisition,
the Board of Education shall not make the order
authorising the purchase unless they are satisfied
that the concurrence of the council of the borough
should be dispensed with : Provided that, except
in the case of compulsory acquisition, the site
required for the enlargement of a public elemen-
tary school shall not be deemed to be a site
required for a new public elementary school
within the meaning of this sub-section.

(3) Schools provided by the local education
authority for blind, deaf, epileptic, and defective
children, and any other schools which, in the
opinion of the Board of Education, are not of a
local character, shall not be treated for the
purposes of this section as public elementary
schools.

Nothing is said in this section as to managers in non-
provided schools. Section 6(2) and s. 11 of the principal
Act, therefore, apply with the necessary modifications
(pp. 104, 114, above). Every non-provided or voluntary
school in the metropolis %viil have to have a body of six
managers — four foundation managers selected under an
order (s. 11, pp. 52, 114, and see E. A. 20, App. F, p. 237,
for a form of final order) sanctioned by the Board of
Education to represent the denominational interest or the
original trustees or owners ; and two others. Of these,
one will be appointed by the London County Council and
one by the minor local authority (s. 6 (2) (a) ), the latter
being the borough council under s. 24 (2), p. 137, above
(see Sched. I., 1 (a), below) ; or in the City, the Common
Council (s. 4 (2), below).

There is nothing in Sched. I., below, to exempt volun-
tary or non-provided schools in London from the operation
of s. 12 of the principal Act ; therefore several voluntary

244 Education (London) Act, 1903.

Sect. 2. schools may be grouped under one set of managers (see

above, pp. 53, 118, and for a scheme for grouping, App. C,

Note. p. 224).

^^oundary 3. — (1) As from the passing of this Act, any
public elementary school provided by the London
School Board before the passing of this Act,
which is wholly or partly situated outside the
county of London, shall, for the purposes of this
Act, be treated as, and for the purposes of the
principal Act be deemed to have been, wholly
situated within the county of London and within
the nearest metropolitan borough.

(2) Any public elementary school provided by
the local education authority which is situated
partly in one metropolitan borough and partly in
another shall, for the purposes of this Act, be
deemed to be situated in such one of those
boroughs as the local education authority deter-
mine.

Modiflca- 4. — (1) The modifications of the principal Act

tionof ^ ^ r r

principal get out in the First Schedule to this Act shall

Act and

interpreta- have effect for the purposes of this Act.

(2) The expression " metropolitan borough "
in this Act shall include the city, and the
expression " council of a metropolitan borough "
shall include the mayor, aldermen, and com-
mons of the city of London in common council
assembled.

Commence- 5. — (1) This Act shall, except as expressly

ment, repeal . -, \ • , ,- ,i - 2. J

and short provided, comc into operation on tne appointed
day, and the appointed day shall be the first day

Commencement and Repeal, Etc. 245

of May nineteen hundred and four, or such other Sect. 5.
day, not being more than twelve months later, as
the Board of Education may appoint, and different
days may be appointed for dilferent purposes and
for different provisions of this Act.

(2) In addition to the repeals effected by the
principal Act, the Acts mentioned in the Second
Schedule to this Act shall be repealed to the
extent specified in the third column of that
Schedule.

(3) This Act may be cited as the Education
(London) Act, 1903 ; and the Education Acts,
1870 to 1902, and this Act may be cited as the
Education Acts, 1870 to 1903.

SCHEDULES.

FIEST SCHEDULE.

Modifications of the Peincipal Act.

1. Keferences in the principal Act to the council
of a borough shall not be construed as references
to the council of a metropolitan borough, except —

See note to s. 1, above.

(a) in paragraph (a) of section twenty (relating
to arrangements between councils) and in
sub-section two of section twenty-four
(relating to interpretation) ; and

See note to s. 2 (3), al)0ve.

246 Education (London) Act, 1903.

Sched. 1. (b) as respects the borough of Woolwich, so far
as is necessary to enable the council of
that borough to make any contribution
which they are authorised to make under
section nineteen of the London Govern-
ment Act, 1899.

2. The provisions of section two of the principal
xA.ct, as to limit of rate, shall not apply.

The councils of ordinary counties are, apart from special
leave of the Local Government Board, limited to a M. rate
for higher education. This limit does not apply to London
(p. 98, above).

3. Sub-section one of section six of the principal
Act (relating to the management of schools), and
so much of section twelve of that Act (relating to
the grouping of schools under one management) as
relates to public elementary schools provided by
the local education authority, shall not apply.

See notes to ss. 1, 2 (1), above.

4. The provisos to sub-section one of section
eighteen of the principal Act (relating to expenses),
and sub-section two of section thirteen of that Act
(relating to endowments), shall not apply, but the
Board of Education may, on the application of the
trustees of the endowment, or of the local educa-
tion authority, direct that any money which would
be payable under the said section thirteen to the
county council shall be applied in manner provided
by a scheme made by the Board if the Board con-
sider that it is expedient to make such a scheme.
In any such scheme, due regard shall primarily be

First Schedule. 247

had to the interests of the locaHty for which the Sched. 1.
benefits of the endowment were intended.

Section 13 (1) of the principal Act provides in certain
cases for the division of the income of endowments between
the managers and the local education authority. This
■will apply to London ; it is only sub-s. (2) of s. 13 which
does not apply. This provides for the money which is
payable to the local education authority, being credited to
particular parishes (p. 119, above).

5. The words *'a county council" in section
nineteen of the principal Act (which relates to bor-
rowing) shall, as respects borrowing by the local
education authority, be construed as if they were
"the London County Council."

6. Section twenty-seven of the principal Act
(relating to extent, commencement, and short
title) shall not apply except so far as sub-section
three of that section is already applicable to
London, and the words " the appointed day " shall
be substituted for " the twenty-sixth day of March
nineteen hundred and four" in that sub-section.

7. Where the London County Council delegate
to their education committee any powers, and the
acts and proceedings of the committee as respects
the exercise of those powers are not required to be
submitted to the council for their approval, sub-
section one of section two hundred and thirty-three
of the Municipal Corporations Act, 1882 (which
provides for the inspection and the taking of copies
of minutes) shall apply to the minutes of the com-
mittee relating to the exercise of those powers as
it applies to the minutes of the council.

Section 233 (1) of 45 & 46 Vict. c. 50, runs as follows :
(1) The minutes of proceedings of the council shall be

248 Education (London) Act, 1903.

Sched. 1. open to the inspection of a burgess on payment of a fee of

one shilling, and a burgess may make a copy thereof or

take an extract therefrom.

8. The Treasury shall be substituted for the
Local Government Boar4 in paragraph six of the
Second Schedule to the principal Act.

See p. 145, above.

9. Where governors or managers are appointed
by the local education authority on the governing
body of any institution aided by grant from the
local education authority, the provisions of the
scheme or trust deed of the institution imposing
any limit on the number of the members of the
governing body, or requiring any qualification for
those members, shall not apply as respects such
governors or managers.

10. Eeferences in the principal Act to the pass-
ing of that Act shall be construed as references to
the passing of this Act.

11. A manager of a public elementary school
provided by the local education authority shall not
be appointed for a longer period than three years,
but may be re-appointed.

Second Schedule.

SECOND SCHEDULE.
Enactments Eepealed.

249
Sched. 2.

Session and
Chapter.

Short Title.

Extent of Repeal.

33 & 3i Vict.

The Elementary Edu-

The definition of " metro-

c. 75.

cation Act, 1870.

polis" in section three.

Sections thirty - seven,
thirty-eight, and thirty-
nine.

Section fifty-eight.

The Third Part of the
Second Schedule, and
the Fifth Schedule.

36 & 37 Vict.

The Elementary Edu-

Section sixteen.

c. 86.

cation Act, 1873.

48 & 49 Vict.

The School Boards

Section two.

c. 38.

Act, 1885.

E.A.

Q 13

( 250 )

EDUCATION (PROVISION OF WORKING
BALANCES) ACT, 1903.

(3 Edw.

10.)

Provision
of working
balance by
borrowing.
2 Edw. 7,
C, 42.

Short title.

An Act to provide for the hor7'oiuing by Local
Education Autlwrities for certain pur ^

[21st July 1903.]

1. A local education authority may, with the
consent or sanction of the Local Government
Board, borrow under section nineteen of the
Education Act, 1902, or in such other manner as
that Board may approve, such sums as in the
opinion of that Board are required to provide
a working balance for carrying that Act into
effect, and the consent or sanction or approval so
given shall be conclusive as to the power of the
local education authority to borrow.

2. This Act may be cited as the Education
(Provision of Working Balances) Act, 1903.

INDEX.

ACCOMMODATION

authority to provide, 11, 12.
in elementary schools, 4, 11.
modification as to, by Act of 1902. ..121, 159.

ACCOUNTS

to be kept separate, 126.

the accounts of the local education authority. 127.

ADJUSTMENTS OF PROPERTY

to be made according to Local Government Act, 1888... 156.

AGRICULTURAL EDUCATION, 33.

powers as to, not transferred to the Board of Education, 33.

AGRICULTURAL RATES ACT, 35.

AGRICULTURAL RATING GRANT, 73, 82.

AID GRANT,

how computed, 73, 113.
new, under the Education Act, 1902. ..72, 81.
to be paid to local education authority, 126.
variable, 73.

APPLICATION EORM

for advice as to endowments, App. A., 193.

of managers to the Board of Education, App. A., 174.

APPOINTED DAY

for the Education Act, 1902, to come into force, 67, 68, 77, 140.
grants accrued before payable to managers, 150.
rates before, 81.
references to, 146.
returns before, 79, 151.

[1]

Index.

APPOINTMENT OF MANAGERS. See Managees.

APPORTIONMENT

of endowments, 119, 193.
school fees, 120.

APPROVED VOLUNTARY ASSOCIATIONS, App. E., 235.

ARRANGEMENTS,

local education authority may make with other councils, 72, 129.

ASSISTANT TEACHERS

appointed without reference to religious creed, 57, 108.

AUDITOR

to audit education committee's accounts, 127.
manager's account, 127.

AUTHORITY BOROUGHS (over 10,000), 43.

can levy concurrent \d. rate for secondary education, 43, 47, 49, 70.

defined, 97.

may rate themselves for elementary education, 72.

relinquish powers to county, 130.
need not appoint managers for provided schools, 46.
numbers fixed by census of 1901... 44.
powers confined to elementary education, 43, 97.

AUTHORITY DISTRICTS (over 20,000), 43.

can levy concurrent \d. rate for secondary education, 43, 47, 49, 70.

defined, 97.

may rate themselves for elementary education, 72, 97.

relinquish powers to county, 64, 130.
need not appoint managers for provided schools, 46, 104.
numbers fixed by census of 1901. ..44, 97.
powers confined to elementary education, 43, 97.

BISHOP,

appeal to, as to character of religious teaching in non-provided
schools, 58, 108.

BLIND AND DEAF CHILDREN,

Elementary Education Act, 1893... 146.

BOARD OF AGRICULTURE ACT, 1889. ..33.

[2]

Index.

BOARD OF EDUCATION,

constitution as central authority, 2, 40.
consultative committee of, and register of teachers, 3.
decides if new schools necessary, 60, 110, 112.
may hold inquiries, 20, 135.

make provisional orders for education committees, 124.
must approve schemes for education committees, 62, 121, 123.
sanction byelaws for compulsory attendance, 24.

transfer of schools if no power to lease in deeds, 16,

17, 88.
settle disputes between local education authority and non-
provided schools, 107.
orders of, to modify trust deeds, 53, 114, 181.

transferring powers to, 2, 29.
powers of, under the Education Act, 1902... 41.
president of, 2, 40.
to apportion endowments, 119, 189.

school fees, 120.
transfer of jurisdiction to. Orders of August 7th, 1900, July 24th,
1901, August 11th, 1902, and effect of, 29—31.

BOARD OF EDUCATION ACT, 1899...2, 40.

BOARD SCHOOLS, 10.

Cowper-Temple clause in, 10.

BOROUGH FUND,

education expenses to come from, 125.

BOROUGHS BELOW 10,000,

can levy concurrent 1^. rate for secondary education, 43, 70, 100.
need not have education committees, 61, 121.
numbers of, 97.

BOROUGHS OVER 10,000.. .43, 97.
See Authority Boroughs.

BORROWING

under the Education Act, 1902. ..128.

BYELAWS

must be sanctioned by the Board, 24.
to enforce school attendance, 23.

[3]

Index.
C.

CAPITAL EXPENDITURE,

when charged to parish concerned, 126.

CENSUS OF 1901

fixes the population limits for the Education Act, 1902... 44, 135.

CHAIRMAN,

powers of, 141, 142.

CHARITY COMMISSIONERS,
powers before 1902...1.

of Endowed Schools Commissioners transferred to, 28.
transferred to Board of Education, 29 — 31.

CHILDREN,

elementary education limited to, 8, 133.

CIRCULAR OF THE BOARD OF EDUCATION,

as to powers and duties of a county council (470), 201.

Associations of Voluntary Schools (472), 209.

the appointed day (474), 213.

payment of grants before the appointed day (477), 215.
to school boards (475), 218.

CLAUSE VII.

of Directory, 37.

COCKERTON JUDGMENT, 6, 40.
defined elementary education, 7, 8.
distinguished South Kensington from Whitehall, 6.
still the test, 103.

CODE OF EDUCATION DEPARTMENT, WHITEHALL, 7, 8.

COLLEGE,

defined, 138.

for secondary education, 101.

religious education in, 101.

COMPENSATION,

appeal to Treasury, 155.

claims for, how to be made, 154.

Local Government Act, 1888, to apply to, 152.

scale of, by Treasury minute, 156.

to existing officers, 151.

to officers under Poor Law Officers Superannuation Act, 152.

[4]

Index.

COMPULSORY ATTENDANCE,
byelaw to enforce, 23.
enforced, 22.
reasonable excuses for, 23.

CONCURRENT POWERS

of boroughs and urban districts, 43, 47, 49, 70, 100.

CONSCIENCE CLAUSE,

in endowed schools, 28.

public elementary schools, 9.

secondary schools under the Education Act, 1902... 51, 101.

CONSENT

of local education authority to appoint and dismiss teachers,

56, 57, 106.
CONSULTATION COMMITTEE
of Board of Education, 3.
teachers, 63.

CONTROL,

authorities with, under the Act of 1902. ..42, 43, 96.

COUNCIL OF THE ISLES OF SCILLY,
a local education authority, 43, 139.

COUNTY BOROUGH,

a local education authority, 43, 97.

may appoint managers, 104.

need not appoint managers in provided schools, 46, 52, 104.

no limit on expenditure in, 99.

powers as to secondary education, 43, 49.

secondary education in, 49, 70, 99.

COUNTY COUNCIL,

a local education authority, 43, 96.

appoint managers, 103.

endowments paid to, to go in aid of rates, 120, 190.

limitation to 2d. rate for secondary education, 49, 70, 98.

must appoint managers for provided schools, 46, 52, 103.

powers as to secondary education, 43, 49, 98.

property acquired under Elementary Education (Blind and Deaf

Children) Act, 1893, transferred to, 146.
should get returns as to elementary education, 79.
will know requirements as to secondary education, 78.

E.A. R [ 5 ]

Index.

COUNTY COUNCILLORS,

when disqualified to vote, 63, 134, 207.

COUNTY EDUCATION COMMITTEE,
draft scheme for, 219.

COUNTY FUND,

education expenses to come from, 125.

COWPER-TEMPLE CLAUSE

in board schools, 10.

modified in secondary schools and colleges, 101.

voluntary schools not subject to, 25.

DAY INDUSTRIAL SCHOOLS, 26.
DEEDS. See Trust Deeds.

DELEGATION OF POWERS

under Education Act, 1902. ..64, 130.

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