No. 34/1961:

LOCAL AUTHORITIES (EDUCATION SCHOLARSHIPS) (AMENDMENT) ACT, 1961

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Amendment of section 4 of Principal Act.

3 Amendment of section 10 of Irish Universities Act, 1908.

4 Grants to local authorities.

5 Short title, collective citation and commencement.

AN ACT TO MAKE FURTHER PROVISION IN RELATION TO THE GRANT BY LOCAL AUTHORITIES OF SCHOLARSHIPS AND OTHER ASSISTANCE TO STUDENTS AT APPROVED SCHOOLS AND UNIVERSITIES AND FOR THAT PURPOSE TO AMEND AND EXTEND THE LOCAL AUTHORITIES (EDUCATION SCHOLARSHIPS) ACT, 1944 , AND SECTION 10 OF THE IRISH UNIVERSITIES ACT, 1908.

[11th August, 1961.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

"the Act of 1908" means the Irish Universities Act, 1908; " the Minister" means the Minister for Education; "the Principal Act" means the Local Authorities (Education Scholarships) Act, 1944 .

2.—(1) Notwithstanding anything contained in section 4 of the Principal Act, a scheme under The Principal Act approved of under section 2 of the Principal Act after the commencement of this Act shall—

( a ) provide, in relation to the amount allocated in each local financial year by the corporation of a county borough or council of a county by which the scheme was prepared for payment in respect of scholarships under the scheme, that the amount shall be allocated by the corporation or council, as the case may be, without regard to whether the parents or guardians of the persons to whom the scholarships are awarded comply with the provisions prescribed under paragraph (c)of the said section 4 subject to the proviso that, if one fourth of the amount aforesaid becomes allocated to persons whose parents or guardians do not comply with the provisions prescribed under the said paragraph (c), the remainder of the amount aforesaid shall be allocated to persons whose parents or guardians comply with the provisions prescribed under the said paragraph (c), and

( b ) reserve to the corporation of a county borough or council of a county by which the scheme was prepared power to award, where the circumstances so warrant, with the approval of the Minister, the whole or part of any scholarship to a person whose parents or guardians do not comply with the provisions of paragraph (b) of the said section 4.

(2) section 4 of the Principal Act is hereby amended, as respects schemes under The Principal Act approved of under section 2 of the Principal Act after the commencement of this Act, by the deletion of paragraphs (d)and (e).

3.—Notwithstanding anything contained in subsection (2) of section, 10 of the Act of 1908—

( a ) the amount allocated under that subsection by a corporation of a county borough or council of a county in any local financial year beginning after the commencement of this Act for payment in the provision of assistance for students shall be allocated in accordance with the order of merit shown by the answering at the tests of ability referred to in that subsection and without regard to the need (if any) of the students for assistance: provided that, if one-fourth of the amount aforesaid becomes allocated to students who are not in need of assistance, the remainder of the amount aforesaid shall be allocated to students who are in need of assistance, and

( b ) the amount allocated by a corporation of a county borough or council of a county in any local financial year beginning after the commencement of this Act for payment in the provision of assistance for students under that subsection shall not exceed one-half of the amount allocated by the corporation or council, as the case may be, in that year for payment in respect of scholarships under a scheme or schemes approved of under section 2 of the Principal Act, in that year, and

( c ) a decision by a corporation of a county borough or council of a county in any local financial year beginning after the commencement of this Act whether a student is in need of assistance under that subsection shall be made in such manner and by reference to such matters (including the income and value of any property of the parents or guardians of the student) as may be determined by the corporation or council, as the case may be, with the approval of the Minister: provided that the council or corporation, as the case may be, shall decide that a student is not in need of assistance under that subsection if his parents or guardians have—

(i) an income of an amount exceeding such amount, or

(ii) property of a value exceeding such value,

as may be fixed from time to time under this paragraph for the purposes of that subsection by the corporation or council, as the case may be, with the approval of the Minister.

4.—(1) There shall be paid out of moneys provided by the Oireachtas to a corporation of a county borough or council of a county paying scholarships under a scheme or schemes under section 2 of the Principal Act or both paying such scholarships and providing assistance for students under section 10 of the Act of 1908—

( a ) in respect of the first local financial year beginning after the commencement of this Act a grant of an amount equal to—

(i) one-half of the total cost the corporation or council, as the case may be, of the payments or both the payments and assistance, as the case may be, in that year, or

(ii) the amount which would be produced by a rate of one penny in the pound levied in the functional area of the corporation or council, as the case may be in that year,

whichever is the less,

( b ) in respect of the second local financial year beginning after the commencement of this Act a grant of an amount equal to—

(i) one-half of the total cost to the corporation or council, as the case may be, of the payments or both the payments and assistance, as the case may be, in that year, or

(ii) the amount which would be produced by a rate of two pence in the pound levied in the functional area of the corporation or council, as the case may be, in that year,

whichever is the less,

( c ) in respect of the third local financial year beginning after the commencement of this Act a grant of an amount equal to—

(i) in case the total cost to the corporation or council, as the case may be, of the payments or both the payments and assistance, as the case may be, in that year does not exceed the amount which would be produced by a rate of four pence in the pound levied in the functional area of the corporation or council, as the case may be, in that year, one-half of that cost, and

(ii) in any other case—

(I) one-half of so much of the cost aforesaid as does not exceed the amount which would be produced by a rate of four pence in the pound levied in the functional area of the corporation or council, as the case may be, in that year and three-fifths of so much (if any) of the cost aforesaid as exceeds the amount which would be produced by a rate of four pence in the pound levied in the functional area of the corporation or council, as the case may be, in that year, or

(II) the amount which would be produced by a rate of three and one-half pence in the pound levied in the functional area of the corporation or council, as the case may be, in that year,

whichever is the less, and

( d ) in respect of any local financial year subsequent to the years aforesaid in which the corporation or council, as the case may be, pays, scholarships under a scheme or schemes under the said section 2 or both pays such scholarships and provides assistance for students under the said section 10 a grant of an amount equal to—

(i) in case the total cost to the corporation or Council, as the case may be, of the payments or both the payments and assistance, as the case may be, in that year does not exceed the amount which would be produced by a rate of four pence in the pound levied in the functional area of the corporation or council, as the case may be, in that year, one-half of that cost, and

(ii) in any other case—

(I) one-half of so much of the cost aforesaid as does not exceed the amount which would be produced by a rate of four pence in the pound levied in the functional area of the corporation or council, as the case may be, in that year and three-fifths of so much (if any) of the cost aforesaid as exceeds the amount which would be produced by a rate of four pence in the pound levied in the functional area of the corporation or council, as the case may be, in that year, or

(II) the amount which would be produced by a rate of five pence in the pound levied in the functional area of the corporation or council, as the case may be, in that year,

whichever is the less.

(2) A grant to the corporation of a county borough or council of a county under this section in respect of any local financial year shall be used by the corporation or council, as the case may be, in the defrayal of the cost of paying scholarships under a scheme or schemes under section 2 of the Principal Act in that year or both of paying such scholarships and providing assistance for students under section 10 of the Act of 1908, as the case may be.

5.—(1) This Act may be cited as the Local Authorities (Education Scholarships) (Amendment) Act, 1961 .

(2) The Principal Act and this Act may be cited together as the Local Authorities (Education Scholarships) Acts, 1944 and 1961.

(3) This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.