No. 33/1950:

VOCATIONAL EDUCATION (AMENDMENT) ACT, 1950

ARRANGEMENT OF SECTIONS

1 Principal Act.

2 Amendment of section 43 of, and the Third Schedule to, the Principal Act.

3 Amendment of section 44 of the Principal Act.

4 Amendment of section 46 of the Principal Act.

5 Amendment of section 6 of the Vocational Education (Amendment) Act, 1947.

6 Repeals.

7 Short title and collective citation.

FIRST SCHEDULE

SECOND SCHEDULE

AN ACT TO AMEND THE VOCATIONAL EDUCATION ACTS, 1930 TO 1947.

[27th December, 1950.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act, the expression "the Principal Act" means the Vocational Education Act, 1930 (No. 29 of 1930), as amended by subsequent enactments.

2.—(1) The following three subsections shall be inserted in section 43 of the Principal Act in lieu of subsections (1) and (2)—

"(1) There shall be paid, in every local financial year commencing on or after the 1st day of April, 1951, 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 shall not be less than a sum (in this Part of this Act referred to as the minimum annual liability) equal,—

( a ) 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 the immediately preceding local financial year, or

( b ) 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 the immediately preceding local financial year, or

( c ) 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 the immediately preceding local financial year.

(2A) The amount of the annual local contribution payable by the rating authority to a vocational education committee mentioned in column (2) of the Third Schedule to this Act at a particular reference number in respect of a local financial year commencing on or after the 1st day of April, 1951, shall not exceed a sum (in this Act referred to as the maximum annual liability) equal to a rate of the number of pence in the pound specified at that reference number in, if such year is the local financial year commencing on the 1st day of April 1951, column (3) of the said Schedule or, if such year is a subsequent local financial year, column (4) of the said Schedule on the rateable value of the area of charge at the commencement of the immediately preceding local financial year."

(2) There shall be inserted in The Principal Act, as the Third Schedule thereto, the particulars set out in the First Schedule to this Act.

(3) Subsections (1) and (2) of this section shall be deemed to have come into operation on, and shall have effect as on and from, the 1st day of November, 1950.

3.—(1) The following new subsection shall be inserted in section 44 of the Principal Act—

"(1A) Where the annual scheme prepared by a vocational education committee in respect of any local financial year (being the local financial year commencing on the 1st day of April, 1952, or any subsequent local financial year) provides for an annual local contribution of an amount greater than the annual local contribution demanded by such committee in respect of the immediately preceding local financial year (in this subsection referred to as the previous year) by more than the amount of a rate of one penny in the pound on the rateable value of the area of charge at the commencement of the previous year, then, unless the amount mentioned in such scheme does not exceed the amount of a rate of, in case the rating authority is the council of a county borough or a scheduled urban district, nine pence in the pound or, in case the rating authority is the council of a county, seven pence in the pound on the rateable value of the area of charge at the commencement of the previous year, such committee, when submitting the annual scheme to the Minister, shall also furnish a copy thereof to the rating authority."

(2) Subsection (1) of this section shall come into operation on the 1st day of April, 1951.

4.—(1) The following subsection shall be inserted in section 46 of the Principal Act in lieu of subsection (1)—

"(1) When the Minister has considered an annual scheme in respect of a local financial year (being the local financial year commencing on the 1st day of April, 1952, or any subsequent local financial year) submitted by a vocational education committee—

( a ) he shall issue to such committee 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 such local financial year of such amount as the Minister thinks proper to specify in such certificate having regard to the estimates of expenses and receipts contained in such scheme and to the subsequent provisions of this subsection,

( b ) the amount to be specified in the certificate shall not be less than the minimum annual liability of such rating authority in respect of such local financial year, nor exceed the maximum annual liability of such a rating authority in respect of such local financial year,

( c ) in case the amount of the annual local contribution mentioned in the scheme does not exceed the amount of the annual local contribution demanded by such committee in respect of the immediately preceding local financial year (in this subsection referred to as the previous year) by more than the amount of a rate of one penny in the pound on the rateable value of the area of charge at the commencement of the previous year, or, if it does, does not exceed the amount of a rate of, where the rating authority is the council of a county borough or of a scheduled urban district, nine pence in the pound or, where the rating authority is the council of a county, seven pence in the pound on the rateable value of the area of charge at the commencement of the previous year, the amount to be specified in the certificate shall not exceed whichever of the two following amounts is the greater—

(i) the amount of the annual local contribution mentioned in such scheme,

(ii) the amount of the annual local contribution in respect of the previous year,

( d ) in any case to which paragraph (c) of this subsection is not applicable, the amount to be specified in the certificate shall not exceed the annual local contribution demanded by such committee in respect of the previous year by more than the amount of a rate of one penny in the pound on the rateable value of the area of charge at the commencement of the previous year unless not later than the 31st day of December next following the submission of the scheme the rating authority has passed a resolution approving of such excess and has sent a copy of the resolution to the Minister and, notwithstanding such resolution (if passed), shall not exceed the annual local contribution demanded by such committee in respect of the previous year by more than the amount of a rate of two pence in the pound on the rateable value of the area of charge at the commencement of the previous year."

(2) Subsection (1) of this section shall come into operation on the 1st day of April, 1951.

5.—In paragraph (a)of subsection (4) of section 6 of the Vocational Education (Amendment) Act, 1947 (No. 1 of 1947), the words "one mile" shall be substituted for the words "three miles".

6.—The enactments mentioned in column (2) of the Second Schedule to this Act are hereby repealed to the extent specified in column (3) of the said Schedule and as on and from the respective dates specified in column (4) of the said Schedule.

7.—(1) This Act may be cited as the Vocational Education (Amendment) Act, 1950 .

(2) The Vocational Education Acts, 1930 to 1947, and this Act may be cited together as the Vocational Education Acts, 1930 to 1950.

FIRST SCHEDULE

PARTICULARS TO BE INSERTED IN THE VOCATIONAL EDUCATION ACT, 1930 .

Section 2.

THIRD SCHEDULE.

MAXIMUM ANNUAL LIABILITY OF RATING AUTHORITIES IN RESPECT OF ANNUAL LOCAL CONTRIBUTIONS FOR LOCAL FINANCIAL YEAR COMMENCING ON THE 1ST APRIL, 1951, AND SUBSEQUENT LOCAL FINANCIAL YEARS.

Section 6.

SECOND SCHEDULE

ENACTMENTS REPEALED.