HC Deb 14 August 1913 vol 56 cc2765-6

(1) A person who is a defective shall be subject to be dealt with under this Act as herein, provided—

  1. (a) at the instance of his parent or guardian, if he is an idiot or imbecile or is under the age of twenty-one; or
  2. (b) at the instance of a school board or the parish council, as the case may be, if he is a person under the age of sixteen, for whom it is the duty of the school board or the parish council to make suitable provision; or
  3. (c) if in addition to being a defective he is a person—

  1. (i) who is found neglected, abandoned, or without visible means of support, or cruelly treated; or
  2. (ii) who is found guilty of any offence at common law, or under any public and general Act of Parliament, or who is ordered or liable to be ordered to be sent to a certified industrial school; or
  3. (iii) who is undergoing a sentence of imprisonment (except imprisonment under civil process), or penal servitude, or is undergoing detention in a place of detention by order of a Court, or in a reformatory or industrial school, or in an inebriate reformatory, or who is detained in an asylum or other lawful place of detention for lunatics, or a criminal lunatic asylum or criminal lunatic department of a prison; or
  4. (iv) who is an habitual drunkard within the meaning- of the Inebriates Acts, 1879 to 1900; or
  5. (v) in whose case such notice has been given by the school board as is hereinafter in this Section mentioned; or
  6. (vi) who being a woman and unmarried is in receipt of poor relief at any time during her pregnancy or at the time of giving birth to a child; or
  7. (vii) who during any consecutive period of six months in the year immediately before the commencement of proceedings under this Act has been 2766 in receipt of poor relief in a poorhouse on three or more than three several occasions:

Provided that in the case of persons under the age of sixteen referred to in paragraph (c) of this Sub-section, the local authority concerned shall be the school board, unless such persons are, or have been, notified to the parish council under the immediately preceding Section; and in the case of persons of sixteen years or over, referred to in paragraph (c) of this Sub-section, the local authority concerned shall be the parish council.

(2) Notice shall, subject to regulations made by the Scotch Education Department, be given by the school board to the parish council and to the Board in the case of all defective children for whom the school board in the case of all defective children for whom the school board have made provision and whose discharge from a special school or class, or from an institution, or from guardianship is impending by reason of their attaining the age of sixteen, in whose case the school board are of opinion that it would be to their benefit that they should be sent to or remain in an institution or be placed or remain under guardianship.

Lords Amendments:—

In Sub-section (1), leave out the words "as is herein provided," and insert instead thereof the words "in accordance with the provisions thereof hereinafter contained."

In paragraph (a), after the word "or" ["or is under"], insert the words "at the instance of his parent if, though not an idiot or an imbecile, he."

In paragraph (b), leave out the word "a" ["a. school board"], and insert instead thereof the word "the."

In paragraph (ii.) leave out the words "at common law, or under any public and general Act of Parliament, or who is ordered or," and insert instead thereof the words "punishable in the case of an adult with penal servitude or imprisonment or who is ordered or found."