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29 1930

VOCATIONAL EDUCATION ACT, 1930

PART X.

Miscellaneous.

Special provision in relation to Dublin and Cork.

117. —(1) In this section—

the expression “the Dublin Act” means the Local Government (Dublin) Act, 1930 (No. 27 of 1930);

the expression “the City Corporation” means the Right Honourable the Lord Mayor, Aldermen, and Burgesses of Dublin;

the expression “the Borough Corporation” means the Corporation of Dun Laoghaire;

the expression “the City vocational education area” means the vocational education area which is co-terminous with the county borough of Dublin;

the expression “the City vocational education committee” means the vocational education committee for the City vocational education area;

the expression “the Borough vocational education area” means the vocational education area which is co-terminous with the Borough of Dun Laoghaire;

the expression “the Borough vocational education committee” means the vocational education committee for the Borough vocational education area;

the expression “the County vocational education area” means the vocational education area which is co-terminous with the County of Dublin exclusive of the Borough of Dun Laoghaire;

the expression “the County vocational education committee” means the vocational education committee for the County vocational education area;

the expression “the added rural area” has the meaning given to it by section 1 of the Dublin Act.

(2) The following provisions shall have effect in relation to the application of this Act in the county borough of Dublin, that is to say:—

(a) the areas which, at the passing of this Act, are respectively the urban district of Pembroke and the urban district of Rathmines and Rathgar shall for the purposes of this Act be deemed to be included in and to form part of the county borough of Dublin as from the passing of this Act;

(b) the added rural area shall, in accordance with the Dublin Act, become included in and form part of the county borough of Dublin on and from the 1st day of April, 1931;

(c) in the construction of references in this Act (including this section) to the county borough of Dublin, whether specifically or as included in a reference to county boroughs generally, regard shall be had to the provisions of paragraph (a) of this sub-section and also to the provisions of the Dublin Act whereby the added rural area becomes included in and forms part of the county borough of Dublin on and from the 1st day of April, 1931;

(d) in the preparation, consideration and approval of the annual scheme for the City vocational education area for the local financial year commencing on the 1st day of April, 1931, regard shall be had to the fact that the added rural area will be included in the county borough of Dublin in that year;

(e) section 24 of the Dublin Act shall not apply to any officer of the council of the urban district of Pembroke or of the council of the urban district of Rathmines and Rathgar or of a committee of either of those councils who is transferred by that Act to the service of the City Corporation and is subsequently transferred by this Act to the service of the City vocational education committee and in lieu thereof it is hereby enacted that every such officer shall, while he is in the service of the City Corporation by virtue of his said transfer thereto, perform the same duties and be entitled to the same salary and emoluments and the same conditions of service as he performed and was entitled to in the service of the said council or committee immediately before his said transfer therefrom;

(f) during the period between the day which is the appointed day for the purposes of the Dublin Act and the day which is the appointed day for the purposes of Part VII of this Act, the City Corporation shall itself administer without the intervention of any committee the services which will become transferred on the last-mentioned appointed day to the City vocational education committee by virtue of this Act;

(g) sub-sections (1) and (2) of section 40 of the Dublin Act shall not apply in relation to the election of the members of the City vocational education committee;

(h) at the first meeting of the City vocational education committee the Dublin City Manager and Town Clerk shall act as secretary to such committee.

(3) The following provisions shall have effect in relation to the application of this Act in the Borough of Dun Laoghaire, that is to say:—

(a) for the purposes of this Act the Borough of Dun Laoghaire shall be deemed to come into existence on the passing of this Act;

(b) section 24 of the Dublin Act shall not apply to any officer of the council of the urban district of Blackrock, the council of the urban district of Dun Laoghaire or the council of the urban district of Dalkey or of any committee of any of those councils who is transferred by that Act to the service of the Borough Corporation and is subsequently transferred by this Act to the service of the Borough vocational education committee and in lieu thereof it is hereby enacted that every such officer shall, while he is in the service of the Borough Corporation by virtue of his said transfer thereto, perform the same duties and be entitled to the same salary and emoluments and the same conditions of service as he performed and was entitled to in the service of the said council or committee immediately before his said transfer therefrom;

(c) during the period between the day which is the appointed day for the purposes of the Dublin Act and the day which is the appointed day for the purposes of Part VII of this Act, the Borough Corporation shall itself administer without the intervention of any committee the services in the Borough of Dun Laoghaire (other than the area which is at the passing of this Act the urban district of Killiney and Ballybrack) which will become transferred on the last-mentioned appointed day to the Borough vocational education committee by virtue of this Act;

(d) section 48 of the Dublin Act shall not apply in relation to the election of the members of the Borough vocational education committee;

(e) at the first meeting of the Borough vocational education committee the Dun Laoghaire Borough Manager and Town Clerk shall act as secretary to such committee.

(4) The following provisions shall have effect in relation to the application of this Act in the county of Dublin, that is to say:—

(a) section 20 of the Dublin Act shall not apply in respect of any officer of the council of the county of Dublin or of any joint committee of such council and the council of an urban district who is transferred by this Act to the service of the County vocational education committee;

(b) in the construction of references in this Act (including this section) to the county of Dublin whether specifically or as included in a reference to counties generally, regard shall be had to the provisions of the Dublin Act whereby the added rural area is transferred from the county of Dublin to the county borough of Dublin on and from the 1st day of April, 1931;

(c) in the preparation, consideration and approval of the annual scheme for the County vocational education area for the local financial year commencing on the 1st day of April, 1931, regard shall be had to the fact that the added rural area will not be included in the county of Dublin in that year.

(5) The City vocational education committee shall have the same powers of granting compensation in respect of loss of employment to such of its employees (other than officers) as were, immediately before the day which is the appointed day for the purposes of Part VII of this Act, employees of the City Corporation as the City Corporation would have had if such employees had remained in its employment, and for that purpose the following provisions shall have effect, that is to say:—

(a) every such employee shall be entitled to reckon his employment by the City Corporation and also his employment (if any) by the council of the urban district of Pembroke or the council of the urban district of Rathmines and Rathgar as employment by the City vocational education committee; and

(b) section 53 of the Act of 1925 shall, in relation to such employees only, apply to the City vocational education committee as if that committee was a local body such as is mentioned in that section but with the modification that references in that section to section 50 of that Act shall be construed as references to the provisions of this Act which are enacted in substitution for the said section 50.

(6) Sub-sections (1) and (2) of section 18 of the Cork City Management Act, 1929 (No. 1 of 1929) shall not apply in relation to the election of the members of the vocational education committee for the vocational education area which is co-terminous with the county borough of Cork.

Special provisions in relation to Bray Urban District.

118. —(1) In this section the expression “the Bray Council” means the council of the urban district of Bray;

the expression “the Bray vocational education committee” means the vocational education committee for the vocational education area which is co-terminous with the urban district of Bray;

the expression “the North Wicklow committee” means the joint committee appointed for the purposes of technical instruction under the Act of 1899 by the council of the County of Wicklow and the Bray Council.

(2) The following provisions shall have effect in relation to the application of Part VII of this Act to the North Wicklow committee that is to say:—

(a) the functions, powers and duties which, immediately before the appointed day, are exercised and performed through or by the North Wicklow committee shall, in so far as they relate to the urban district of Bray, be transferred by section 95 of this Act to the Bray vocational education committee and shall, in so far as they relate to any other part of the functional area of the North Wicklow committee, be transferred by the said section 95 to the Wicklow county vocational education committee;

(b) for the purposes of the said Part VII (except section 95 ), the Bray vocational education committee shall be deemed to be the vocational education committee to which the functions, powers and duties exercised and performed through or by the North Wicklow committee are transferred by the said section 95 and the said Part VII (except section 95 ) shall have effect accordingly;

(c) during the period commencing on the day which is the appointed day for the purposes of the said Part VII and ending on the 31st day of March, 1931, the Bray vocational education committee shall provide throughout the functional area of the North Wicklow committee the services which the last-mentioned committee would have been liable to provide in that area if this Act had not been passed;

(d) at the first meeting of the Bray vocational education committee the town clerk of the Bray Council shall act as secretary to such Committee.

(3) The following provisions shall have effect while and for so long as the Bray Council continues to be dissolved under an Order made by the Minister for Local Government and Public Health before the passing of this Act, that is to say:—

(a) the functions of the Bray Council in relation to the election of members of the Bray vocational education committee shall be performed by the person who is for the time being performing in consequence of the said order the duties of the Bray Council;

(b) so much of section 8 of this Act as would require any members of the Bray vocational education committee to be members of the Bray Council shall not have effect;

(c) the functions of the estimates sub-committee (within the meaning of section 45 of this Act) of the Bray vocational education committee shall be performed by the said person who is for the time being performing in consequence of the said order the duties of the Bray Council.

Service of notices.

119. —Any notices or other documents required by this Act or any regulations made thereunder to be served or sent may be served or sent by post.

Inspection and copies of registers of births and deaths.

120. —(1) Every superintendent registrar or registrar of births or deaths or other person having the custody of the register books kept in accordance with the Births and Deaths Registration Acts (Ireland), 1863 to 1880, shall at all reasonable times permit any attendance officer under Part V of this Act or Part VI of this Act to inspect, without fee or other payment, the register books in the custody of such superintendent registrar, registrar or other person and to take such copies or notes of entries in such books as he shall deem necessary for the purpose of the execution of his duties, as such attendance officer.

(2) Whenever—

(a) any person requires to ascertain or prove for any purpose arising under Part V of this Act the age of a young person who resides in a district to which that Part applies; or

(b) any person requires to ascertain or prove for any purpose arising under Part VI of this Act the age of a person to whom that Part applies and who is employed in a district to which that Part applies;

such person shall be entitled to obtain from the enforcing authority for such district a requisition in the prescribed form for a certified copy of the entry of the birth of such young person or such person to whom Part VI . of this Act applies (as the case may be) and shall, on presenting such requisition duly filled up and signed together with a fee of sixpence at the office of the superintendent registrar or the appropriate registrar of births and deaths, be entitled to be supplied by such superintendent registrar or registrar with a copy duly certified under the Births and Deaths Registration Acts (Ireland), 1863 to 1880, of the entry in the register books kept under those Acts of the birth of such young person or persons.

(3) Every superintendent registrar or registrar of births and deaths shall, as and when so required by an enforcing authority under Part V of this Act, furnish to such authority a return in the prescribed form (if any) of such of the particulars as shall be specified by such authority of the births and deaths of young persons registered by such registrar.

(4) Every superintendent registrar or registrar of births and deaths shall, as and when so required by an enforcing authority under Part VI of this Act, furnish to such authority a return in the prescribed form (if any) of such of the particulars as shall be specified by such authority of the births and deaths of persons to whom Part VI of this Act applies registered by such registrar.

Offences in relation to certificates.

121. —(1) Every person who forges or counterfeits any certificate or any signature to a certificate which if genuine would be a certificate given or made under or for the purpose of Part V of this Act or Part VI of this Act shall be guilty of a misdemeanour and shall be liable on conviction thereof to suffer imprisonment for any term not exceeding two years.

(2) Every person who signs, gives, or makes any certificate purporting to be a certificate under or for the purpose of Part V of this Act or Part VI of this Act which is to his knowledge false or misleading in any material particular, or who makes use of any certificate purporting to be a certificate under or for the purpose of Part V of this Act or Part VI of this Act which is to his knowledge forged or counterfeited or is false and misleading in any material particular or any signature which is to his knowledge forged or counterfeited, 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 for any term not exceeding six months.

Exemption from certain disqualifications.

122. —Notwithstanding anything contained in paragraph (e) of sub-article (4) of Article 12 of the Schedule to the Local Government (Application of Enactments) Order, 1898, a person shall not, if otherwise qualified, be disqualified from being elected or chosen or being a member of any vocational education committee or of any sub-committee thereof or of any council, body, or committee which is a local authority within the meaning of the Act of 1925 by reason of his having by himself or his partner received or contracted to receive any benefit or advantage offered to the public in the nature of continuation education and technical education by a vocational education committee.

Saving for industrial or reformatory schools.

123. —Nothing in this Act shall be so construed as to interfere with or affect any certified industrial school or certified reformatory school.

Expenses of this Act.

124. —All expenses incurred by a Minister head of a Department of State in carrying this Act into execution shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Regulations.

125. —(1) The Minister may by order do all or any of the following things, that is to say:—

(a) make regulations prescribing any matter or thing referred to in this Act as prescribed or to be prescribed or any matter or thing referred to in this Act as prescribed or to be prescribed by regulations made under this Act;

(b) make regulations in respect of the accounts of vocational education committees and the audit of such accounts;

(c) make regulations respecting the procedure of vocational education committees in connection with the business imposed on or transferred to them by this Act.

(2) Regulations made by the Minister under this section shall, if and so far as they relate to anything referred to in section 120 (which relates to inspection and copies of registers of births and deaths) of this Act as prescribed or to the accounts or the auditing of the accounts of vocational education committees, be made only after consultation with the Minister for Local Government and Public Health.

(3) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if either such House shall, within twenty-one days on which such House has sat after such regulation is laid before it, pass a resolution annulling such regulation, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Repeals.

126. —The enactments mentioned in the Fifth Schedule to this Act are hereby repealed to the extent mentioned in the third column of the said Schedule as on and from the 1st day of April, 1931.