VOCATIONAL EDUCATION ACT, 1930

AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO CONTINUATION EDUCATION AND TECHNICAL EDUCATION. [21st July, 1930.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

PART I. Preliminary.

1 Short title.

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

2 Definitions.

2.—In this Act—

the expression “the Minister” means the Minister for Education;

the word “inspector” means a person authorised in writing (either generally or for a special purpose) by the Minister to exercise all or any of the powers and perform all or any of the duties conferred or imposed on an inspector by this Act;

the word “county” means an administrative county but does not include a county borough;

the expression “local authority” means and includes the council of a county, the council of a county borough, and the council of an urban district;

the expression “the Act of 1889” means the Technical Instruction Act, 1889;

the expression “the Act of 1891” means the Technical Instruction Act, 1891;

the expression “the Act of 1899” means the Agriculture and Technical Instruction (Ireland) Act, 1899;

the expression “the Act of 1925” means the Local Government Act, 1925 (No. 5 of 1925);

the expression “the Act of 1927” means the Local Government Act, 1927 (No. 3 of 1927);

the expression “local financial year” means a period of twelve months ending on any 31st day of March;

the expression “rateable value” means the annual rateable value under the Valuation Acts;

the expression “principal teacher” includes any deputy principal or other teacher for the time being acting as or for a principal teacher;

the word “sickness” includes any physical or mental malady or, injury;

the word “trade”includes any industry, trade, craft or business;

the expression “scheduled urban district” means an urban district mentioned in the First Schedule to this Act;

the expression “election year” means the year 1931 or any ensuing third successive year;

the expression “young person” means a person who has attained the age of fourteen years and has not attained the age of sixteen years;

the word “parent” in relation to a young person means the individual having the legal custody of such young person and, where owing to the absence of such individual or for any other reason such young person is not living with or is not in the actual custody of such individual, includes the individual with whom such young person is living or in whose actual custody such young person is;

the word “employment” in relation to a young person means employment and occupation in any labour exercised by way of trade or for the purpose of gain to such young person or to any other person;

the expression “offence under this Part of this Act” includes an offence under any section or sub-section contained in the Part of this Act in which such expression occurs;

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

3 Continuation education.

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

4 Technical education.

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

• (2) The Minister may from time to time by order declare that the expression “technical education” shall for the purposes of this Act include instruction in such subjects connected with such pursuits, employments and occupations (other than agriculture) as may be specified in such order and whenever any such order is made the meaning of the said expression shall for the purposes of this Act be extended in conformity with the provisions of such order.

• (3) The Minister may from time to time, after consultation with the Minister for Agriculture, by order declare that the expression “technical education” shall for the purposes of this Act also include instruction in such subjects bearing on or relating to agriculture as may be specified in such order and whenever any such order is made the meaning of the said expression shall for the purposes of this Act be extended in conformity with the provisions of such order.

5 Date of attainment of any particular age.

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

PART II. Vocational Education Committees.

6 Vocational education areas.

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

• (2) Every scheduled urban district shall be an urban district vocational education area for the purposes of this Act.

• (3) Every county (excluding so much, if any, thereof as is for the time being included in a scheduled urban district) shall be a county vocational education area for the purposes of this Act.

• (4) In this Act the expression “vocational education area” includes a borough vocational education area, an urban district vocational education area, and a county vocational education area.

7 Establishment of vocational education committees.

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

• (2) Every vocational education committee shall be styled and known by such style or name as the Minister shall appoint, but unless and until the Minister appoints the style and name of any particular committee, such committee shall be styled and known—

• (a) in the case of the committee for a borough vocational education area, by the style or name “The City of (name of the county borough) Vocational Education Committee”; and

• (b) in the case of the committee for an urban district vocational education area, by the style or name “The Town of (name of the urban district) Vocational Education Committee”; and

• (c) in the case of the committee for a county vocational education area, by the style or name “The County (name of the county) Vocational Education Committee.”

• (3) Every vocational education committee shall be a body corporate by its said style or name, and shall have perpetual succession and an official seal (which shall be judicially noticed), with power to acquire and hold land for the purpose of its powers and duties.

8 Constitution of vocational education committees.

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

• (2) The vocational education committee for an urban district vocational education area shall consist of fourteen members elected by the council of the urban district which is such urban district vocational education area, of whom not less than five nor more than eight shall be persons who are members of such council.

• (3) The vocational education committee for a county vocational education area shall consist of—

• (a) fourteen members elected by the council of the county which is or includes such county vocational education area, of whom not less than five nor more than eight shall be persons who are members of such council; and

• (b) where such vocational education area contains one or more urban districts which are not scheduled urban districts—

• (i) if the number of such urban districts does not exceed four, two members elected by the council of each of such urban districts, each of whom may at the discretion of such council be a person who is or a person who is not a member of such council, or

• (ii) if the number of such urban districts exceeds four, one member elected by the council of each such urban district who in every case may at the discretion of such council be a person who is or a person who is not a member of such council.

• (4) A local authority electing under this section persons to be members of a vocational education committee shall have regard to the interest and experience in education of the person proposed to be so elected and to any recommendations made by bodies (including associations or bodies of employers or of employees) interested in manufactures or trades in the area of such committee and shall, where it appears desirable and circumstances permit, so make such election as to provide for the representation of such bodies on such committee.

9 Elections of members of committees.

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

• (2) The following provisions shall have effect in relation to the elections by local authorities of members of vocational education committees (other than the first such elections and elections to fill casual vacancies), that is to say:—

• (a) every council of a county or an urban district which is not a borough shall in every election year elect at the annual meeting of such council held in that year such number of members of such vocational education committee as such council is entitled under this Act so to elect, and such election shall be included in the business to be transacted at every such annual meeting of such council; and

• (b) every council of a county or other borough shall in every election year elect at the quarterly meeting of such council held between the 23rd day of June and the 15th day of July in that year such number of members of such vocational education committee as such council is entitled under this Act so to elect, and such election shall be included in the business to be transacted at every such quarterly meeting of such council.

• (3) In this section the expressions “annual meeting” and “quarterly meeting” have the meanings respectively assigned to them by the Local Government (Ireland) Act, 1898.

10 Term of office of members of committees.

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

• (2) The term of office of every member of a vocational education committee (other than a member elected at the first election of members of such committee or a member elected to fill a casual vacancy) shall commence at the termination of the meeting of the local authority at which he was elected.

• (3) Every member of a vocational education committee (other than a member elected to fill a casual vacancy) shall, unless he sooner dies, resigns, or becomes disqualified, hold office until the next meeting of the local authority by whom he was elected at which such authority is required by this Act to elect (otherwise than to fill a casual vacancy) members or a member of such committee.

11 Resignation and disqualification of members of committees.

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

• (2) Whenever a member of a vocational education committee who was, at the time of his election as such member, a member of the local authority by which he was so elected, ceases to be a member of such local authority he shall be disqualified for continuing to be and shall forthwith cease to be a member of such committee but shall, if not otherwise disqualified, be eligible for re-election.

• (3) If a member of a vocational education committee is absent from all meetings of such committee for a period of six consecutive months he shall, unless his absence was due to illness or was approved of by the committee, be disqualified at the expiration of such period from continuing to be a member of such committee and shall also be disqualified for one year from such expiration for being a member of such committee.

• (4) A member of a vocational education committee shall, if not otherwise disqualified, be eligible for election as a member of such committee at or in contemplation of the expiration by effluxion of time of his term of office as such member.

12 Filling of casual vacancies in committees.

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

• (2) In electing a person to fill a casual vacancy in the membership of a vocational education committee, the local authority electing such person shall have regard to the provisions of this Act in relation to the number of members of such committee who are required to be members of such authority.

• (3) A person elected to fill a casual vacancy in the membership of a vocational education committee shall, unless he sooner dies, resigns, or becomes disqualified, hold office as a member of such committee for the residue of the term for which the member whose death, resignation, or disqualification occasioned the vacancy would have held office as such member if he had not died, resigned, or become disqualified.

13 Meetings of vocational education committees.

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

• (2) Every vocational education committee shall, in every local financial year and before the 1st day of December in such year, hold a meeting in this Act referred to as the annual meeting.

• (3) Every vocational education committee shall hold at least one meeting in every month other than the months of July, August and September.

• (4) Every vocational education committee shall hold at least one meeting during the period commencing on the 1st day of July and ending on the 30th day of September in every year.

• (5) Subject to the provisions of this section and the next following section, every vocational education committee shall hold such and so many meetings, at such times, and in such places as it thinks proper.

14 Triennial meetings of vocational education committees.

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

• (2) Every vocational education committee shall on or before the 31st day of May in every election year appoint a day (not being earlier than three days nor later than ten days after the completion of the elections in such year of the members of such committee) for the holding of the triennial meeting in such year by such committee.

• (3) Where in any election year no day has been appointed under the foregoing sub-section for the holding of a triennial meeting of a vocational education committee in that year, the day for the holding of such meeting in such year shall be the seventh day after the completion of the elections in such year of the members of such committee.

• (4) Where a triennial meeting of a vocational education committee is for any reason (including a quorum not being present) not held on the day appointed under this section for the holding of such meeting the chief executive officer of such committee shall as soon as may be summon a meeting of such committee for a convenient hour on the day which appears to him to be the earliest convenient date for the purpose and the meeting held in pursuance of such summons shall be for all purposes a triennial meeting held on a date appointed under this section.

• (5) Where the members of a vocational education committee are required by this Act to be elected by two or more local authorities and in any election year such local authorities do not all hold such elections on the same day, the date of the completion of the election of such members shall for the purposes of this section be the last day on which any of such elections is held.

15 Chairman of vocational education committees.

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

• (2) Whenever the office of chairman of a vocational education committee becomes vacant through the death, resignation, or disqualification of the chairman, such committee shall, at its next meeting after the occurrence of such vacancy, elect one of its members to be the chairman of such committee.

• (3) Every person elected to be the chairman of a vocational education committee shall, unless he sooner dies, resigns, or becomes disqualified, hold office as such chairman until the commencement of the next triennial meeting of such committee after the meeting at which he is so elected.

• (4) The chairman of a vocational education committee may at any time resign his office as such chairman by letter addressed to the chief executive officer of such committee and every such resignation shall take effect at the commencement of the meeting of such committee commencing next after the receipt of such resignation by such officer.

• (5) Whenever the chairman of a vocational education committee ceases during his term of office as such chairman to be a member of such committee he shall be disqualified for being and shall forthwith cease to be such chairman.

• (6) Whenever, at an election of the chairman of a vocational education committee, there is an equality of votes for two or more persons, one of those persons shall be elected by lot.

16 Vice-chairman of vocational education Committees.

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

• (2) Whenever a vice-chairman is elected by a vocational education committee, the provisions of this Act in relation to the term of office, resignation, and disqualification of the chairman of such committee shall apply in respect of such vice-chairman in like manner as they apply in respect of such chairman.

17 Temporary Chairman at first meetings and triennial meetings.

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

• (2) At every triennial meeting of a vocational education committee the chief executive officer of such committee shall, until the chairman of such committee has been elected, act as chairman of such meeting.

• (3) A person acting in pursuance of this section as chairman of a meeting of a vocational education committee shall not be entitled to vote on any question which is to be decided by a vote of the members of such committee.

18 Procedure at meetings of committees.

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

• (2) At a meeting of a vocational education committee—

• (a) the chairman of such committee shall, if he is present, be the chairman of the meeting;

• (b) if the chairman of such committee is not present or if the office of chairman is vacant, the vice-chairman (if any) of such committee shall, if he is present, be the chairman of the meeting;

• (c) if the chairman of such committee is not present or the office of chairman is vacant and there is no vice-chairman of such committee or the vice-chairman is not present, the members of the committee who are present shall (subject to the provisions of this Act in relation to the first meeting and to triennial meetings) choose one of their number to be the chairman of the meeting.

• (3) Every question at a meeting of a vocational education committee shall be determined by a majority of the votes of the members present and voting on the question, and in the case of an equal division of votes the chairman of the meeting shall have a second or casting vote save where the question is the election of the chairman of the committee.

• (4) A vocational education committee may act notwithstanding one or more vacancies amongst its members.

• (5) An inspector shall be entitled to be present at any meeting of a vocational education committee or of a sub-committee of any such committee and to address such meeting, but shall not be entitled to vote on any matter to be decided at such meeting.

• (6) Subject to the provisions of this Act, the Minister may by regulations made by him under this Act prescribe the procedure to be observed at meetings of vocational education committees.

• (7) Subject to the provisions of this Act and of regulations made thereunder, every vocational education committee shall regulate, by standing orders or otherwise, the procedure to be observed and the business to be transacted at its meetings.

19 Meetings abandoned for want of quorum.

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

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

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

• (2) Every vocational education committee shall keep all such registers and records as shall be prescribed, and all such registers and records shall be open to inspection at all reasonable times by an inspector.

• (3) Every vocational education committee shall make to the Minister such reports and returns and furnish to the Minister such information as he may from time to time require.

21 Sub-committees of vocational education committees.

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

• (2) The Minister may from time to time by order require a vocational education committee to appoint a sub-committee to exercise and perform in relation to any part of the vocational education area of such committee such specified powers, duties and functions of such committee as in the opinion of the Minister can be better or more conveniently exercised or performed by a sub-committee and whenever any such order is made and in force it shall be the duty of such committee to comply with the requirements thereof.

• (3) The Minister may, as and when he thinks fit, revoke an order made by him under the foregoing sub-section and thereupon such order shall cease to be in force.

• (4) A sub-committee appointed by a vocational education committee shall consist of not more than twelve members, and may, at the discretion of such committee, consist exclusively of persons who are members of such committee or partly of persons who are and partly of persons who are not members of such committee.

• (5) The acts of every sub-committee of a vocational education committee shall be subject to confirmation by such committee save where such committee with the sanction of the Minister dispenses with the necessity for such confirmation.

22 Payment of travelling expenses to members of certain committees.

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

• (2) No contribution shall be payable under this section in respect of any period of twelve months ending on the 30th day of June in any year to a member of a vocational education committee in respect of his attendance at meetings of such committee held during such period unless he has attended at least five such meetings.

• (3) No contribution shall be payable under this section in respect of any period of twelve months ending on the 30th day of June in any year to a member of a sub-committee appointed by a vocational education committee in respect of his attendances at meetings of such sub-committee held during such period unless the Minister, on the application of such committee, authorises contributions to be paid under this section to members of such sub-committee.

• (4) For the purposes of this section the period commencing on the day appointed under this Act for the holding of the first meeting of a vocational education committee and ending on the 30th day of June, 1931, shall be deemed to be a period of twelve months.

• (5) Any person who knowingly makes or allows to be made a false statement for the purpose of obtaining the payment to himself or another of a sum under or in pursuance of this section, shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds, or, at the discretion of the court, to imprisonment with or without hard labour for a term not exceeding one year.

• (6) Any person who is convicted of an offence under this section shall thereafter be disqualified from being elected or being a member of any vocational education committee or a sub-committee thereof, or of any council, body, or committee which is a local authority within the meaning of the Act of 1925, and shall also be disqualified from holding any office or employment under any vocational education committee or any such council, body, or committees as aforesaid.

23 Officers of vocational education committees.

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

• (2) The numbers, qualifications, salaries or remuneration, and appointment of all officers shall be subject to the approval of the Minister.

• (3) Every vocational education committee shall take from its chief executive officer and any other of its officers who receives or pays money on its behalf such security as may be directed by the Minister.

• (4) A vocational education committee may dismiss any servant of such committee and, with the approval of the Minister, remove any officer of such committee.

• (5) A vocational education committee shall be deemed to be a local authority within the meaning of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), and for that purpose the expression “the Minister” in that Act shall in relation to a vocational education committee mean the Minister for Education.

24 First chief executive officers of certain committees.

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

• (2) In the case of a vocational education committee for a county vocational education area to which no person by virtue of the foregoing provisions becomes the chief executive officer, the secretary of the council of the county which is or includes such vocational education area shall at the first meeting of such committee act as secretary to such committee.

25 Application of Part IV. of the Act of 1925.

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

• (2) Section 50 of the Act of 1925 shall not apply in respect of vocational education committees and their officers, and in lieu thereof it is hereby enacted that every sum payable under the said Part IV. of the Act of 1925 as applied by this section in respect of an allowance or gratuity granted thereunder to a person who was previously an officer of a vocational education committee shall be paid by the local authority which under this Act pays the annual local contribution to the expenses of such committee and shall be raised by means of the same rate and be paid out of the same fund and be charged on the same area as such annual local contribution is raised by means of, paid out of and charged upon, but no such sum shall be reckoned for the purposes of any enactment (including this Act) limiting the amount of such rate.

• (3) There shall be paid out of moneys provided by the Oireachtas to a local authority paying any allowance or gratuity in pursuance of the foregoing sub-section, in aid of the rate or fund out of which such allowance or gratuity is so paid, one half of every payment made by such local authority in respect of such allowance or gratuity.

• (4) Section 47 of the Act of 1925 as amended by section 9 of the Act of 1927 shall not apply in respect of vocational education committees and their officers, and in lieu thereof it is hereby enacted that—

• (a) whenever an allowance or a gratuity is payable in pursuance of sub-section (2) of this section by a local authority (in this sub-section called the paying body) to any person under Part IV. of the Act of 1925 as applied by this section in respect of his ceasing to hold office under a vocational education committee and in ascertaining the service of such officer at the date of such cesser any service under another local authority (in this section called the contributing body) has been aggregated and reckoned, the contributing body shall refund to the paying body a part of one-half of such allowance or gratuity reckoned according to the service and pay of such officer under the contributing body and to the circumstances under which he ceased to hold office under the paying body, and such part shall be settled by agreement between the two bodies, or in default of agreement by the Minister for Local Government and Public Health, and

• (b) for the purposes of the foregoing paragraph an officer's service under a committee of a contributing body shall be deemed to have been service under such contributing body and an officer's service under a joint committee of two or more contributing bodies shall be deemed to have been service under every such contributing body.

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

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

• (2) Save as otherwise expressly provided by this Act, no vocational education committee shall be deemed for the purposes of any enactment (including the Act of 1925 as amended by the Act of 1927) to be a local authority within the meaning of the said Act of 1925 as so amended or to be a committee of a county council, an urban district council, or a borough council, or a joint committee of any two or more of such councils.

27 Removal of officers and servants by the Minister.

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

• (2) The Minister shall not remove under this section from his office an officer or servant of a vocational education committee unless and until he has caused a local inquiry to be held under this Act in relation to the performance by such officer or servant of his duties as such officer or servant and considered the report of the person who held such local inquiry.

28 Acquisition of lands by vocational education committees.

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

• (2) For the purposes of the acquisition of land by a vocational education committee, sections 203, 214, and 215 of the Public Health (Ireland) Act, 1878, as amended by section 8 of the Public Health (Ireland) Act, 1896, and section 68 of the Act of 1925, shall apply as if herein re-enacted and made applicable to vocational education committees with the modification that the advertisements mentioned in sub-section (2) of section 203 of the Public Health (Ireland) Act, 1878, may be published in any month, and that the notices mentioned in the said sub-section shall be served in the next succeeding month.

• (3) In this section the expression “land” includes any easement in, to, or over land.

29 Acceptance of educational endowments by committees.

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

• (2) A vocational education committee shall have power to accept any real or personal property given to it as an educational endowment generally or upon trust for any purposes connected with continuation or technical or both continuation and technical education.

• (3) Nothing in this section shall enable a vocational education committee to be trustees for or to accept any educational endowment, charity, or trust the purposes of which are inconsistent with this Act or with the principles on which such committee is required by or under this Act to provide continuation education and technical education.

PART III. Continuation Education and Technical Education.

30 Duties generally of vocational education committees.

30.—It shall be the duty of every vocational education committee—

• (a) to establish and maintain in accordance with this Act a suitable system of continuation education in its area and to provide for the progressive development of such system; and

• (b) to supply or aid the supply in accordance with this Act of technical education in its area.

31 General schemes.

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

• (2) In preparing a scheme under this section a vocational education committee shall consider all such representations as shall be made to it in relation to such scheme by persons resident in its area having interest and experience in educational matters, and by persons concerned in local manufactures, trades and industries, and by persons qualified to represent the views of employers and employees in matters of educational interest relating to such area.

32 General powers in relation to continuation education.

32.—In performance of the duties in relation to continuation education imposed on vocational education committees by this Act every such committee may do all or any of the following things, that is to say:—

• (a) establish and maintain continuation schools in its area;

• (b) establish and maintain in its area courses of instruction in the nature of continuation education;

• (c) assist in maintaining schools in its area in which continuation education is provided.

33 Registration of certain persons attending continuation schools and courses.

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

34 General powers in relation to technical education.

34.—In performance of the duties in relation to technical education imposed on vocational education committees by this Act, every such committee may do all or any of the following things, that is to say:—

• (a) establish and maintain or assist in maintaining technical schools within its area;

• (b) establish and maintain or assist in establishing and maintaining in its area courses of instruction in the nature of technical education;

• (c) contribute to the expenses incurred by persons resident in its area in obtaining technical education at schools or courses within or outside such area;

• (d) with the special sanction of the Minister, aid persons resident in its area in obtaining further education at technical colleges or central technical institutions or technical training colleges or other centres of advanced technical education within or outside such area.

35 Existing supply of technical education.

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

36 Determination of subject matter of powers.

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

37 Deficiency in supply of continuation education or technical education.

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

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

• (3) A requisition made by the Minister under this section may require a vocational education committee to provide continuation education or technical education (as the case may be) by making with another vocational education committee an arrangement of such character and containing such terms as are specified in such requisition whereby continuation education or technical education (as the case may be) provided by such last-mentioned committee is made available for persons resident in the area of such first-mentioned committee, and where any such requisition is so made it shall be the duty of both such committees to enter into and give effect to such arrangement.

38 Higher technical education.

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

• (2) The following provisions shall apply to and be complied with in every day technical college, that is to say:—

• (a) such college shall not provide for the training in the technique of any trade or craft save to such extent as the same may be ancillary to its main object and be approved of by the Minister; and

• (b) admission to such college shall be confined to students who at the beginning of the school year are not less than sixteen years in age; and

• (c) students enrolled at such college shall be charged such fees as may be approved of by the Minister; and

• (d) no student shall be admitted to such college who does not possess such qualifications as may be prescribed by the Minister.

• (3) Persons selected or accepted by the Minister for training as teachers shall be afforded such facilities at a day technical college on such terms and in such manner as the Minister considers reasonable.

39 Establishment of scholarships.

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

40 Co-operation between committees.

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

41 Fees to be charged by committees.

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

• (2) No fees shall be charged by a vocational education committee for the admission to a compulsory course of instruction provided by it under Part V. of this Act of persons who attend such course in pursuance of an obligation imposed on them by the said Part V.

• (3) No fees shall be charged by a vocational education committee for the admission to a course of instruction provided by it under Part VI. of this Act of persons who attend such course in pursuance of an obligation imposed on them by the said Part VI.

• (4) A vocational education committee may, with the approval of the Minister, remit either in whole or in part any fees which it is entitled to charge under this section.

PART IV. Finance of Vocational Education Committees.

42 Rating authorities and areas of charge.

42.—(1) For the purposes of this Part of this Act—

• (a) the council of a county borough shall be the rating authority for the borough vocational education area which is co-terminous with such county borough; and

• (b) the council of a scheduled urban district shall be the rating authority for the urban district vocational education area which is co-terminous with such scheduled urban district; and

• (c) the council of a county shall be the rating authority for the county vocational education area which is co-terminous with or is included in such county.

• (2) In this Part of this Act the expression “area of charge” when used in relation to a rating authority means the vocational education area for which such rating authority is the rating authority.

43 Annual local contributions to vocational education committees.

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

• (2) The amount of the annual local contribution payable to a vocational education committee in respect of any particular local financial year—

• (a) shall not be less than a sum (in this Part of this Act referred to as the minimum annual liability) equal, where the rating authority is the council of a county borough or of a scheduled urban district, to the amount of a rate of three pence in the pound on the rateable value of the area of charge at the commencement of such year or, where the rating authority is the council of a county, other than the county of Cork, to the amount of a rate of one penny three farthings in the pound on the rateable value of the area of charge at the commencement of such year or, where the rating authority is the council of the county of Cork, to the amount of a rate of two pence in the pound on the rateable value of the area of charge at the commencement of such year; and

• (b) shall not exceed a sum (in this Part of this Act referred to as the maximum annual liability) equal, where the rating authority is the council of a county borough or of a scheduled urban district, to the amount of a rate of the number of pence in the pound specified for such year in Part I. of the Third Schedule to this Act on the rateable value of the area of charge at the commencement of such year or, where the rating authority is the council of a county, to the amount of a rate of the number of pence in the pound specified for such year in Part II. of the Third Schedule to this Act on the rateable value of the area of charge at the commencement of such year.

• (3) Every annual local contribution shall, where the rating authority is the council of a county borough or of a scheduled urban district, be raised by means of or out of any rate or fund applicable for the purposes of the Public Health (Ireland) Act, 1878, and in the case of a rate, assessed in the manner provided by that Act, and, where the rating authority is the council of a county, be raised equally over the whole of the area of charge by means of the poor rate.

44 Preparation of annual schemes by committees.

44.—(1) Every vocational education committee shall, on or before the 1st day of December in every local financial year, prepare and submit to the Minister an estimate (in this Act referred to as an annual scheme) in the prescribed form and containing the prescribed particulars of—

• (a) the moneys required to meet the expenses of such committee in the exercise of its powers and performance of its duties during or in respect of the then next ensuing local financial year;

• (b) the receipts of such committee during or in respect of the then next ensuing local financial year, having regard (amongst other matters) to the minimum annual liability and the maximum annual liability of the rating authority in respect of such year; and

• (c) the amount (in no case less than the minimum annual liability nor more than the maximum annual liability of the rating authority in respect of the then next ensuing local financial year) of the annual local contribution in respect of such next ensuing local financial year which will be required for the purposes of such scheme.

• (2) The Minister may, in respect of every annual scheme submitted to him under this section, either approve of such scheme without modification or approve of such scheme with such modifications as he shall think fit to make therein or refuse to approve of such scheme.

• (3) Whenever the Minister refuses to approve of an annual scheme, the committee by which such scheme was prepared shall forthwith prepare and submit to the Minister a new annual scheme, and this section shall apply to such new scheme in like manner as it applies to the original scheme.

• (4) When an annual scheme has been approved by the Minister, whether with or without modification, it shall be the duty of the committee by which such scheme was prepared to carry into effect such scheme as so approved.

45 Consideration of annual scheme by estimates sub-committee.

45.—(1) For the purpose of this section the members of a vocational education committee who—

• (a) in the case of a vocational education committee for a borough vocational education area or an urban district vocational education area, are members of the council of the county borough or the urban district which is such borough vocational education area or urban district vocational education area (as the case may be), and

• (b) in the case of a vocational education committee for a county vocational education area, are members of the council of the county which is or includes such county vocational education area and are elected by such council,

shall together constitute a special sub-committee (in this section referred to as the estimates sub-committee) of such vocational education committee.

• (2) Where the annual scheme prepared by a vocational education committee in respect of any local financial year (other than the local financial year commencing on the 1st day of April, 1931) provides for an annual local contribution in respect of such local financial year of an amount greater than the annual local contribution demanded by such committee in respect of the preceding local financial, year, such scheme shall, before being submitted to the Minister under the foregoing section, be first submitted to the estimates sub-committee of such committee and in such case it shall be the duty of the chief executive officer of such committee to summon a meeting of such estimates sub-committee for a convenient day and hour (not being more than seven days after the date of the meeting at which such scheme was prepared) for the consideration of such scheme.

• (3) If at a meeting of an estimates sub-committee of a vocational education committee held in pursuance of the foregoing sub-section such sub-committee by resolution, passed by a majority of the members thereof present and voting, request such vocational educational committee to reduce the amount of the annual local contribution mentioned in the scheme submitted to it to a specified amount not lower than the annual local contribution demanded in respect of the then current local financial year, such committee shall amend such scheme in accordance with such request and make such other amendments therein as may appear to them to be necessary.

46 Demand by committee for annual local contribution.

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

• (2) Every vocational education committee shall, upon receiving from the Minister a certificate under this section, forthwith send to the rating authority for the vocational education area of such committee a demand in the prescribed form for an annual local contribution of the amount specified in such certificate for or in respect of the local financial year to which such certificate relates.

• (3) Every rating authority to which a demand is made under this section by the vocational education committee for the vocational education area for which such authority is the rating authority shall pay to such committee at the prescribed time or times and in the prescribed manner the amount of such demand without any deduction whatsoever.

47 Treasurer of vocational education committees.

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

• (2) A vocational education committee may from time to time accept the resignation or revoke the appointment of a banking company as treasurer and appoint another such company as treasurer.

• (3) A vocational education committee may take from its treasurer such security as may be approved by the Minister.

• (4) When appointing a treasurer, a vocational education committee shall fix with such treasurer the amount of interest to be allowed for money from time to time lying to the credit of such committee with such treasurer.

48 Vocational education fund.

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

• (2) All sums received by a vocational education committee under this Act from any source shall be paid to the treasurer of such committee and, save as is hereinafter otherwise provided, the receipt alone of such treasurer shall be a good discharge to the person paying the same, and all such sums shall be paid by such treasurer into the vocational education fund of such committee.

• (3) Notwithstanding anything contained in the foregoing sub-section of this section, the receipt of an officer of a vocational education committee duly authorised by such committee to receive payments of a particular class shall be a good discharge to a person making a payment of such class to such officer, but it shall be the duty of such officer forthwith to pay the amount of such payment to the treasurer of such committee.

• (4) No payments shall be made out of the vocational education fund of a vocational education committee except by the treasurer of such committee on the direction in writing of such committee, and every payment so directed shall be made out of such fund by such treasurer and every such direction by such committee to such treasurer shall be a sufficient authority to such treasurer to make the payments thereby directed to be made to the person or persons mentioned therein.

• (5) A vocational education committee may authorise payments out of the vocational education fund maintained by it to be made for all or any of the following purposes, and for no other purpose whatsoever, that is to say:—

• (a) to defray expenditure incurred by such committee under and in accordance with an annual scheme prepared by it and approved by the Minister; or

• (b) to defray administrative and incidental expenses incurred for the purposes of this Act by such committee with the previous consent, either general or special, of the Minister; or

• (c) to defray any other expenditure required or authorised by this Act to be incurred by such committee.

• (6) The Minister may from time to time authorise a vocational education committee to incur, in any local financial year, administrative and incidental expenses up to but not exceeding an amount specified by the Minister in such authority, and every such authority shall for the purposes of this section operate as a general previous consent to all administrative and incidental expenses incurred by such committee in such year up to the amount so specified.

49 Powers of borrowing.

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

50 Borrowing by vocational education committee for permanent works.

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

• (2) The powers of a vocational education committee under this section shall be exercised in accordance with regulations made by the Minister.

• (3) A vocational education committee borrowing money under this section may, where it so thinks proper, borrow such money from the Commissioners of Public Works in Ireland, and those Commissioners may, if they think fit, lend such money to such committee under the Public Works (Ireland) Acts, 1831 to 1886 and notwithstanding anything in those Acts such loan may be made for such term as the Commissioners think fit.

51 Grants by rating authorities.

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

• (2) Where a vocational education committee is, by virtue of this Act, under a liability in respect of a loan contracted before the passing of this Act and expended on works of a permanent character, the rating authority for the vocational education area of such committee may, with the consent of the Minister for Local Government and Public Health, at any time make a grant to such committee for or towards the discharge of the amount of such liability then outstanding.

• (3) A grant made by a rating authority to a vocational education committee under this section shall be applied by such committee for the purpose for which such grant was made and for no other purpose.

• (4) A rating authority may borrow for the purposes of making a grant under this section—

• (a) in the case of the council of a county, as if those purposes were purposes for which it is authorised to borrow under Article 22 of the Schedule to the Local Government (Application of Enactments) Order, 1898, and money borrowed under this section by the council of a county for the purposes of any such grant shall not be reckoned as part of the total debt of such council for the purposes of the said Article; and

• (b) in the case of the council of a county borough or a scheduled urban district, as if those purposes were purposes for which it is authorised to borrow under the Public Health (Ireland) Act, 1878, and money borrowed under this section by such council for the purposes of any such grant shall not be reckoned as part of the total debt of such council for the purposes of any limitation on its borrowing powers.

• (5) A rating authority borrowing money for the purposes of making a grant under this section may where it so thinks proper borrow such money from the Commissioners of Public Works in Ireland and those Commissioners may, if they think fit, lend such money to such rating authority under the Public Works (Ireland) Acts, 1831 to 1886, and notwithstanding anything in those Acts such loan may be made for such term as the Commissioners think fit.

• (6) Whenever a rating authority which has borrowed money for the purpose of making a grant under this section pays any sum in repayment of the money so borrowed or in payment of the interest thereon, the Minister may, with the consent of the Minister for Finance and out of moneys provided by the Oireachtas, make to such rating authority in aid of the rate or fund out of which such sum was so paid by such rating authority a payment of such amount as the Minister with the consent aforesaid shall think proper but not exceeding one-half of the said sum so paid by such rating authority.

52 Application of certain moneys.

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

53 Application of parliamentary grants.

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

• (2) In making such regulations regard may be had to (amongst other things) the following matters:—

• (a) the annual local contribution payable to each vocational education committee,

• (b) the amount of the rate required to raise such annual local contribution, and

• (c) the population of the vocational education area of such committee.

54 Expenses of delegates to certain conferences.

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

55 Subscription to certain agencies and associations.

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

• (2) A vocational education committee may, with the consent of the Minister, subscribe to any association or institution concerned in questions of continuation education and technical education or either of them.

56 Travelling expenses and maintenance of teachers attending certain classes.

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

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

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

58 Audit of accounts of vocational education committees.

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

• (2) The Minister for Local Government and Public Health shall from time to time as occasion requires ascertain and determine what proportion of the salary paid to the auditor appointed to audit the accounts of a vocational education committee should be charged in respect of such audit, and the amount of such proportion of such salary shall be paid by such vocational education committee to the said Minister.

PART V. Enforcement of Continuation Education.

59 Interpretation of this Part of this Act.

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

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

• (3) In this Part of this Act the expression “committee of agriculture” means any committee set up (whether before or after the passing of this Act) by statute under that name to exercise functions in relation to the purposes of agriculture and other rural industries.

60 District to which this Part of this Act applies.