sions 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 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 authority 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 this part 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.

Apportionment 14. Where before the passing of this act fees have been charged in any public of school fees. elementary school not provided by the local education authority, 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, determined by the board of education, to the managers.

Schools at

tions.

15. The local education authority may maintain as a public elementary school tached to institu- under the provisions of this act, but shall not be required so to maintain, any marine school, or any school which is part of, or is held in the premises of, any institution 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. Power to en- 16. If the local education authority fail to fulfil any of their duties under the force duties un- elementary education acts, 1870 to 1900, or this act, or fail to provide such additional der elementary education acts. public-school accommodation within the meaning of the elementary education aet, 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.

Exlucation committees.

PART IV.-General.

17. (1) Any council having powers under this act shall establish an education committee or education committees, constituted in accordance with 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 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 a pears desirable, 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;

(c) for the inclusion of women as well as men among the members of the committee;

(d) for the appointment, if desirable, of members 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 purposes of this act, provide for the constitution of a separate education committee for any area within a county, or for a joint education committee 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 committee, shall satisfy themselves that due regard is paid to the importance of the general coordination of all forms of education. (7) If a scheme under this section has not been made by a council and approved by the board of education within twelve months after the passing of this act, that board may, subject to the provisions 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 borough of Newport shall provide that the county governing body constituted under the Welsh intermediate education act, 1889, for 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.

18. (1) The expenses of a council under this 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 of the elementary education act, 1876, as respects the 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 concerned), 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 which is the local education authority for the purposes of that Part; and

(e) the county council shall charge such portion as they think fit, not being less than one-half or more than three-fourths, of any expenses incurred by them in respect of capital expenditure or rent on account of the provision or improvement of any public elementary school on the parish or parishes which, in the opinion of the council, are served by the school; and

(d) the county council 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 maintained by a local education authority, including any parliamentary grant, but excluding sums specially applicable for purposes for which provision 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 expenditure 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 of those accounts and to all matters incidental thereto and consequential thereon, including the penal provisions, shall apply in lieu of the provisions of the municipal corporations act, 1882, relating to accounts and audit.

Expenses.

Borrowing.

Arrangements

between

cils.

(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 education authority to any education committee established 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.

19. (1) A council may borrow for the purposes of the elementary education acts, 1870 to 1900, or this act, in the case of a county council as for the purposes of the local government act, 1888, and in the case of the council of a county borough, borough, 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 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 subsections two and three of section two hundred and thirty-four of the public health act, 1875.

20. An authority having powers under this act

(a) May make arrangements with the council of any county, borough, district, or coun- parish, whether a local education authority 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

Provisional or

(b) If the authority is the council of a noncounty 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 in favor 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 education, shall, as respects those powers, be part of the area of the county council.

21. (1) Sections two hundred and ninety-seven and two hundred and ninety-eight ders and schemes of the public health act, 1875 (which relate to provisional orders), shall apply to any provisional 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.

Provision as to

(2) Any scheme or provisional order under this act may contain such incidental or consequential 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 having the same effect as an original scheme.

22. (1) In this act and in the elementary education acts the expression "elemenelementary and tary school" shall not include any school carried on as an evening school under higher education the regulations of the board of education. powers respectively.

Miscellaneous provisions.

(2) The power to provide instruction 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.

23. (1) The powers of a council under this act shall include the provision of vehicles or the payment of reasonable travelling expenses for 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 interest 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 education 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 this 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.

(5) The mortmain and charitable uses act, 1888, and so much of the mortmain and charitable uses act, 1891, 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 1888, of land for the purpose of a schoolhouse 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.

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

(9) Subsections one and five of section eighty-seven of the local government act, 1888 (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 education act, 1870, shall apply to any public inquiry so held or held under any other provision of this act.

21. (1) Unless the context otherwise requires, any expression to which a special Interpretation. 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) 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 appointment of managers by the authorities concerned.

(3) In this act the expressions "powers," "duties," "property," and "liabilities" shall, unless the context otherwise requires, have the same meanings as in the local government act, 1888.

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

(5) In this act, unless the context otherwise requires, the expression "trust deed" includes any instrument regulating the trust or management of a school or college.

Provisions as 25. (1) The provisions set out in the first and second schedules to this act relating to proceedings, to education committees and managers, and to the transfer of property and officers, transfer, &c., ap and adjustment, shall have effect for the purpose of carrying the provisions of this plication of enact into effect.

(2) In the application of the elementary education 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

actments and repeal.

26. For the purposes of this act the council of the Isles of Scilly shall be the local Application of education authority for the Scilly Islands, and the expenses of the council under act to Scilly Isthis act shall be general expenses of the council.

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

lands.

Extent, commencement, and short title.

ED 1902-65

(2) This act shall, except as expressly provided, come into operation on the appointed day, 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 twentysixth 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.

LOCAL SCHOOL ADMINISTRATION UNDER THE NEW EDUCATION LAW. The complicated administrative system for which the education law of 1902 provides was summed up in a speech by Mr. Bryce during the proceedings in the House of Commons. His analysis, which is cited below from a report of the session, referred to the bill as it stood before the amendment which gave two civil managers to every church school, a concession to which Mr. Bryce's speech materially contributed.

The Government said that their aim was to simplify the system of education, to define functions, and to remove occasion of friction. What is their scheme of authority? We have four authorities. At the top there is the board of education at Whitehall, which loses some of its control, but how much the Government will not or can not tell us. It is perfectly clear that Whitehall will have far less opportunity for using its influence for the improvement of schools, and it will no longer be able, as in times past, to work up inferior schools, for it will no longer be in the same direct contact with local managements. Below Whitehall we come to the county and borough councils. The councils have no powers except to raise and borrow money. They will not know anything about the condition of the schools. They will not know why the money is to be spent nor will they know whether the money is doing good, for they will have no contact with the schools. Then we have the education committees.The education committees, we are told, are to be supreme in everything except finance. They will have information, but without the powers to carry out any scheme that they believe required. They may propose expenditure, but it will not rest with them to vote the money. If the county council does not see the necessity for the expenditure which they propose or if the county council has other objects in view, such as local improvement, it may refuse the schemes which the education committees lay before it. When the county council refuses, the education committees will be paralyzed. A scheme for separating the county council and the education committees is a scheme for divorcing financial responsibility from administrative responsibility. The committee will have knowledge without power and the council will have power without knowledge. At the bottom of the series we come to the local managers. The local managers are one of the most intricate parts of this measure, for the local managers consist of two different sets of persons. About voluntary managers there is little doubt; they will be perfectly independent of the education committees. They are not appointed by the education committees, and they can not be removed by them. They are, we are told, to carry out the directions of the education committees as regards secondary education, but how can they be compelled to carry out these directions? At present if a board of management does not obey the instructions from Whitehall its grant is stopped, and it suffers; but if it disobeys the direction given by the education committee under this scheme, the education committee will suffer. If the local managers persist in disobedience, the only course which the education committees and the county council can follow will be to provide a school for themselves and charge the cost of building and maintaining the school upon the rates. Is it not perfectly clear that the local managers occupy a position of very great strength and importance? See how little power education committees have. Local managers may dismiss good masters or introduce religious instruction into the school which may be opposed to the wishes of all the Church of England parents of the parishes, and the education committee will not be able to interfere. As long as there is an average attendance at a school of 30, the county council must continue to support that school, even if they believe it to be needless.

a Daily News (London), May 6, 1902.