HC Deb 17 August 1911 vol 29 cc2204-6

(1) Where any children resident in the area of any local education authority for the purpose of Part III. of the Education Act, 1902, are receiving education in any public elementary school within the area of some other local education authority, the Board of Education may, if they think fit, on the application of that other local education authority (in this Section referred to as the applicant authority), and after giving the first-named local education authority (in this Section referred to as the respondent authority) an opportunity of being heard, make a contribution order under this Section.

(2) For the purpose of this Section, a contribution order means an order directing the respondent authority to pay to the applicant authority annually such sum as the Board think proper in respect of children resident in the area of the respondent authority who, in the opinion of the Board, are properly receiving education in a public elementary school within the area of the applicant authority.

(3) In considering whether children are properly receiving education in a school outside the area in which they reside, the Board of Education shall have regard to the interests of secular instruction, to the wishes of parents as to the education of their children, and to economy of rates.

(4) Any sum due to an applicant authority under a contribution order shall be recoverable as a debt due to that authority from the respondent authority, and the Board of Education may, if they think fit, without prejudice to any other remedy on the part of the applicant authority, pay any such sum to the applicant authority, and deduct any sum so paid from any sums payable to the respondent authority on account of Parliamentary Grants.

(5) If any question arises between the applicant and respondent authorities as to the amount due in any year under a contribution order, that question shall be referred to the Board of Education, and the decision of the Board shall be final.

(6) The Board of Education may revoke or vary a contribution order on the application of either the applicant authority or the respondent authority after giving the other authority an opportunity of being heard.

Mr. C. BATHURST

I beg to move, at the end of Sub-section (6), to add the words: "A contribution order shall not be made under this Section so as to alter, without the consent of the parties, the effect of any subsisting agreement made between two or more local education authorities before the passing of this Act with respect to contributions in connection with the education, within the area of one education authority, of children resident within the area of another such authority."

The effect of this Amendment is that where there is a specific agreement between two contiguous education authori- ties, the terms of that agreement shall stand in spite of the provisions of the Bill, I understand that the Government are likely to accept the Amendment, and therefore I will say no more about it.

The PARLIAMENTARY SECRETARY to the BOARD of EDUCATION (Mr. Trevelyan)

I accept the Amendment.

Amendment agreed to.

Question, "That Clause 1, as amended, stand part of the Bill," put, and agreed to.