SCHOOL ATTENDANCE (AMENDMENT) ACT, 1967

AN ACT TO AMEND THE SCHOOL ATTENDANCE ACT, 1926. [25th July, 1967.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 The Principal Act.

1.—In this Act “the Principal Act” means the School Attendance Act, 1926.

2 Service of warning under section 17 of Principal Act.

2.—(1) Service of a warning under section 17 of the Principal Act may be effected by sending a copy thereof by registered prepaid post in an envelope addressed to the person to be served at his last known residence or place of business in the State and the warning may be posted by the appropriate enforcing authority, within the meaning of the Principal Act, or a person authorised by that authority in that behalf.

• (2) Where service of a warning upon a person is effected pursuant to subsection (1) of this section—

• (i) the service shall be deemed to be good service on the person unless it is proved that the warning was not delivered,

• (ii) the warning shall be deemed to be served upon the person at the time at which the envelope containing it would be delivered in the ordinary course of post, and

• (iii) a certificate purporting to be signed by the person who posted the envelope containing the warning and to be so signed not earlier than ten days afterthe day on which the envelope is posted and exhibiting the certificate of posting of the envelope and stating, if it be the case, that the envelope has not been returned undelivered to the sender, shall be evidence until the contrary is proved, of the addressing, registering and posting, in accordance with subsection (1) of this section, of the envelope.

3 Attendance of children at District Court in certain cases.

3.—(1) For the purposes of section 17 (4) of the Principal Act an order may be made under section 18 of that Act in relation to a person after conviction of the person for a second or subsequent offence under the said section 17 in respect of the same child, and, if a person fails to comply with any order under the said section 18, a justice of the District Court may issue a warrant directing and authorising the Superintendent of the Garda Síochána in whose district the child to whom the order relates resides to procure the attendance of the child at a sitting of the District Court at a time and place specified in the warrant.

• (2) Where a warrant is issued under this section, the Superintendent of the Garda Síochána to whom it is addressed and any member of the Garda Síochána acting on the instructions of that Superintendent shall be entitled to take such steps as the Superintendent or member, as the case may be, reasonably considers necessary to ensure the attendance of the child to whom the warrant relates at the sitting of the District Court to which it refers.

4 Increase of certain penalties under the Principal Act.

4.—(1) Section 17 of the Principal Act is hereby amended by the substitution in subsection (2) of “five pounds ” for “twenty shillings” and of “ten pounds ” for “forty shillings” and the substitution in subsection (3) of “ten pounds ” for “forty shillings”.

• (2) Section 18 of the Principal Act is hereby amended by the substitution in subsection (1) of “five pounds ” for “twenty shillings”.

• (3) Section 20 of the Principal Act is hereby amended by the substitution of “five pounds” for “twenty shillings”.

5 Short title and collective citation.

5.—(1) This Act may be cited as the School Attendance (Amendment) Act, 1967.

• (2) The School Attendance Acts, 1926 and 1936, and this Act may be cited together as the School Attendance Acts, 1926 to 1967.