HC Deb 06 August 1913 vol 56 cc1674-6

(1) (a) It shall be the duty of the parents or guardians of children between five and sixteen years of age who are defectives within the meaning of this Act, to snake provision for the education or for the proper care and supervision of such children as the case may require, and where the parent or guardian of a defective child is by reason of the attendant expense unable to make suitable provision as aforesaid, it shall be the duty of the school board (except as hereinafter in this Section provided) to make such provision in terms of this Act.

(2) It shall be the duty of the school board to make ararngements, as the local authority concerned under this Act, and subject to the approval of the Scotch Education Department—

  1. (a) for ascertaining what children within their area are defectives within the meaning of this Act;
  2. (b) for ascertaining which of such children are incapable by reason of mental defect of receiving benefit or further benefit from instillation in special schools or classes, or of receiving such instruction without detriment to the interests of the other children and for notifying to the parish council and the General Board of Control hereinafter constituted (in this Act referred to as the Board) the names and addresses of such children:

(3) In the case of doubt as to whether a child is or is not capable of receiving such benefit as aforesaid, or whether the retention of a child in a special school or class would be detrimental to the interests of the other children, the matter shall be determined by the Scotch Education Department.

(4) When the name and address of a child have been notified to the parish council under this Section the duty of the school board to make suitable provision in regard to such child in terms of this Act shall be transferred to and imposed on the parish council, which shall thereafter in the case of such child be the local authority concerned under this Act.

(5) It shall be the duty of the parish council, as the local authority concerned in terms of this Act and subject to regulations made by the Board with the approval of the Secretary for Scotland, to ascertain what persons of sixteen years or over within their parish (not being persons who can be dealt with as lunatics under the Lunacy Acts) are defectives subject to be dealt with under this Act otherwise than at the instance of their parents or guardians, and to take steps for securing that they shall be dealt with by being sent to institutions or placed under guardianship in accordance with this Act.

Amendment made: In Sub-section (1), paragraph (a), leave out the words "in terms of this Act," and insert instead thereof the words "either in virtue of their powers under the Education of Defective Children (Scotland) Act, 1906, as read with the Education (Scotland) Act, 1908, or in terms of this Act as the local authority concerned."—[Mr. McKinnon Wood.]