Number 17 of 1926.
SCHOOL ATTENDANCE ACT, 1926.
ARRANGEMENT OF SECTIONS
Section | |
Appointment of school attendance committees for certain areas. | |
Act Referred to | |
No. 5 of 1925 | |
Number 17 of 1926.
SCHOOL ATTENDANCE ACT, 1926.
Definitions.
1.—In this Act—
the expression “the Minister” means the Minister for Education;
the expression “national school” means a public elementary day school for the time being recognised by the Minister as a national school;
the expression “suitable school” means a school for the time being certified by the Minister under this Act to be a suitable school within the meaning of this Act;
the expression “national or other suitable school” includes both national school and suitable school;
the expression “principal teacher” includes any deputy-principal or other teacher for the time being acting as or for a principal teacher;
the word “parent” in relation to a child means the person having the legal custody of the child and, where owing to the absence of such person or for any other reason the child is not living with or is not in the actual custody of such person, includes the person with whom the child is living or in whose actual custody the child is;
the word “employment” in relation to a child means employment and occupation in any labour exercised by way of trade or for the purpose of gain to the child or to any other person;
the word “sickness” includes any physical or mental malady or injury;
the word “prescribed” means prescribed by the Minister by order made under this Act;
the expression “offence under this Act” includes an offence under any section or sub-section of this Act;
the expression “commencement of this Act” means the date on which the section in which the expression is used comes into operation by virtue of an order made by the Minister under this Act and where such section so comes into operation on different dates in different areas or districts means in relation to any such area or district the date on which such section so comes into operation in such area or district.
Application of this Act.
2.—In this Act, the expression “child to whom this Act applies” means and includes a child who has attained the age of six years and has not attained the age of fourteen years, and every other child to whom this Act is for the time being applied by virtue of an order made by the Minister under the power in that behalf hereinafter conferred on him.
Date of attainment of any particular age.
3.—For the purposes of this Act a child shall be deemed to attain any particular age on whichever of the following days, that is to say, the 31st day of March, the 30th day of June, the 30th day of September, or the 31st day of December first occurs after the anniversary of his birth on which he actually attains such age.
Obligation to attend school.
4.—(1) The parent of every child to whom this Act applies shall, unless there is a reasonable excuse for not so doing, cause the child to attend a national or other suitable school on every day on which such school is open for secular instruction and for such time on every such day as shall be prescribed or sanctioned by the Minister in respect of such day.
(2) Any of the following shall be a reasonable excuse for failure to comply with this section, that is to say:—
(a) that the child has been prevented from attending school by the sickness of the child;
(b) that the child is receiving suitable elementary education in some manner other than by attending a national or other suitable school;
(c) that there is not a national or other suitable school accessible to the child which the child can attend and to which the parent of the child does not object on religious grounds to send the child;
(d) that the child has been prevented from attending school by some other sufficient cause.
(3) Until the year 1936 the following shall also be a reasonable excuse for failure to comply with this section on not more than ten days during the period beginning on the 17th day of March and ending on the 15th day of May next following in any year in respect of a child who has attained the age of twelve years, that is to say, that the child has been prevented from attending school by reason of his having been engaged in light agricultural work for his parent on his parent's land.
(4) Until the year 1936 the following shall also be a reasonable excuse for failure to comply with this section on not more than ten days during the period beginning on the 1st day of August and ending on the 15th day of October next following in any year in respect of a child who has attained the age of twelve years, that is to say, that the child has been prevented from attending school by reason of his having been engaged in light agricultural work for his parent on his parent's land.
(5) A school shall be deemed to be accessible to a child for the purposes of this section if, but only if, either:—
(a) the school is situate, in the case of a child who has not attained the age of ten years, within two miles measured from the child's residence along the shortest way lawfully and conveniently available for him or, in the case of a child who has attained the age of ten years within three miles similarly measured; or
(b) there is a suitable means of conveyance to the school available for the child from a point within a reasonable distance from the child's residence.
Certification of suitable schools.
5.—(1) The Minister may if and when he so thinks fit by a certificate in the prescribed form certify any particular school to be a suitable school within the meaning of this Act for the attendance of children to whom this Act applies for the purpose of receiving elementary education, and the Minister may at any time as and when he thinks fit revoke any such certificate.
(2) The Minister may make or cause to be made such reasonable inquiries, investigations, and inspections as he shall think proper for the purpose of satisfying himself whether any particular school is or is not, or does or does not continue to be fit to be certified as a suitable school.
(3) For the purpose aforesaid, any officer of the Minister duly authorised by him in that behalf may at all reasonable times enter any suitable school or any school in respect of which an application to be certified as a suitable school has been made to the Minister and there make such inquiries, investigations, and inspections as he shall think proper.
(4) Every manager and conductor of and every teacher in any such school as aforesaid and every parent of a child attending such school shall to the best of his ability answer such questions and furnish such information as shall be reasonably asked or required of him for the purpose aforesaid by an officer of the Minister duly authorised in that behalf by the Minister.
School attendance area to which child belongs.
6.—(1) For the purpose of this Act a child to whom this Act applies shall be deemed to belong to the school attendance area in which he is ordinarily resident.
(2) If and whenever the ordinary residence of a child to whom this Act applies is changed from one school attendance area to another school attendance area, the parent of the child shall within one week after the change give notice in writing or in person of the change to the enforcing authority of the school attendance area from which such residence has been changed and also to the enforcing authority of the school attendance area to which such residence has been changed.
(3) If any person shall fail to give such notice as is mentioned in the foregoing sub-section to any enforcing authority to whom he is required by the said sub-section to give the same he shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a fine not exceeding ten shillings.
(4) The parent of a child to whom this Act applies may transfer the child from one national school to another national school at any time either with the consent of the Minister or when the transfer is made because of a change of the ordinary residence of the child, but in any other case a child to whom this Act applies shall only be transferred from one national school to another national school on or at the first opportunity after one of the following days, that is to say, the 1st day of January, the 1st day of April, the 1st day of July, or the 1st day of October.
Restriction on employment of children.
7.—(1) In addition and without prejudice to any other lawful prohibition of or restriction on the employment of children, the Minister may by order make regulations for prohibiting the employment of children to whom this Act applies at such times or places or in such manner as to prevent or interfere with their attendance at school in accordance with this Act or their obtaining proper benefit from such attendance, and in particular may, in furtherance of that object, by such regulations prohibit or restrict the employment of such children in particular occupations or during particular hours.
(2) Any person who employs a child in contravention of a regulation made under this section shall be guilty of an offence under this section, and shall be liable on summary conviction thereof, in the case of a first offence to a fine not exceeding forty shillings, and, in the case of a second or any subsequent offence, to a fine not exceeding five pounds.
(3) Regulations made under this section shall not prevent any child who immediately before the commencement of this Act is in lawful employment from continuing in such employment or prevent the exercise of manual labour by a child lawfully detained in a certified industrial or reformatory school or the receipt by any child of instruction in manual labour in any school.
(4) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either such House within the next subsequent twenty-one days on which that House has sat annulling such regulation such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.
The enforcing authority.
8.—(1) The enforcing authority for the purposes of this Act shall be—
(a) in every school attendance area situate in a county borough or urban district mentioned in the Schedule to this Act, the school attendance committee appointed under this Act for that area; and
(b) in every school attendance area not situate in any of the said county boroughs or urban districts, the officer of the Gárda Síochána for the time being holding the rank and occupying the station prescribed in that behalf by the order constituting or defining the area.
(2) It shall be the duty of every enforcing authority to keep the prescribed registers and records for the purposes of this Act, and to permit such registers and records to be inspected at all reasonable times by officers of the Minister duly authorised in that behalf by the Minister.
Constitution of school attendance areas.
9.—(1) As soon as may be after the passing of this Act, the Minister, after consultation with the Minister for Justice, shall by one or more orders divide the whole of Saorstát Eireann (except the county boroughs and urban districts mentioned in the Schedule to this Act) into school attendance areas and may from time to time by order vary (by amalgamation, division, or alteration of boundaries of areas) such division.
(2) Every order made under this section shall prescribe the rank and station of the respective officers of the Gárda Síochána, who are to be the enforcing authorities in the several areas to which the order relates.
(3) Every officer of the Gárda Síochána who is an enforcing authority under this Act may exercise all or any of his functions as such enforcing authority by or through any one or more of the members of the Gárda Síochána under his command and every member of the Gárda Síochána by or through whom such functions are so exercised shall be a school attendance officer for the purposes of this Act.
Appointment of school attendance committees for certain areas.
10.—(1) Each of the county boroughs and urban districts mentioned in the Schedule to this Act shall be a school attendance area, but the council of any of the said county boroughs and urban districts may at any time, subject to the approval of the Minister, divide such borough or district into two or more school attendance areas.
(2) In every school attendance area in the said county boroughs and urban districts there shall be a school attendance committee and the first school attendance committee in each of the said school attendance areas shall consist of the persons who immediately before the commencement of this Act were members of the school attendance committee appointed under the Irish Education Act, 1892, for that area and such persons shall hold office as members of the said first school attendance committee until the time prescribed by the Minister under this section for the commencement of the term of office of their successors.
(3) The members of each school attendance committee in the said school attendance areas (other than the members of the first school attendance committee and members appointed to fill casual vacancies) shall be appointed triennially at such times as shall be prescribed by the Minister under this section and shall (unless they previously die, resign or are removed) hold office for three years from the time prescribed by the Minister under this section for the commencement of their term of office.
(4) Every school attendance committee (other than the first school attendance committee) in each of the said school attendance areas shall, if a Juvenile Advisory Committee established by or under the control of the Minister for Industry and Commerce exists in the school attendance area at the time of a triennial appointment of members, consist of eleven members during the succeeding triennial period, and shall, if no such Juvenile Advisory Committee exists in the area at the time of such triennial appointment, consist of ten members during the succeeding triennial period.
(5) Of the members of a school attendance committee appointed under this section, each one of five members shall, so far as such persons are available, be either a manager or a patron of a national or other suitable school in the school attendance area, and one other member shall be a teacher in a national or other suitable school in the school attendance area, and, when the committee consists of eleven members, one other member shall be a member of the Juvenile Advisory Committee in the school attendance area.
(6) Five members of every school attendance committee appointed under this section shall be appointed by the Minister, and at least one of the members so appointed shall be a teacher in a national or other suitable school in the school attendance area.
(7) When a school attendance committee appointed under this section consists of ten members, five of such members shall be appointed by the council of the county borough or urban district in which the school attendance area is situated, of which five members one at least shall be a manager or a patron of a national or other suitable school in the school attendance area, and when the school attendance committee consists of eleven members six of such members shall be appointed by the said council, of which six members one at least shall be such manager or patron as aforesaid and one other shall be a member of the Juvenile Advisory Committee in the school attendance area.
(8) The Minister, after consultation with the Minister for Local Government and Public Health, may by order prescribe the times and mode of appointment of members of school attendance committees by the councils of the said county boroughs and urban districts and by the Minister respectively, the time of commencement of the period of office of the members of such committees, the time and mode of filling casual vacancies in such committees and the period of office of persons appointed to fill such vacancies, and the times of meeting, quorum, conduct of business, and keeping of accounts of such committees.
(9) An officer of the Minister duly authorised in that behalf by the Minister shall be entitled to be present at any meeting of a school attendance committee and to address such committee, but not to vote, on any matter under consideration by the committee at such meeting.
Officers of school attendance committees.
11.—(1) Subject to the provisions of this section every school attendance committee for a school attendance area in any of the county boroughs and urban districts mentioned in the Schedule to this Act may, subject to the approval of the council of the county borough or urban district and the sanction of the Minister, appoint and remove such officers as it thinks proper and subject to the sanction and approval aforesaid may fix and pay the remuneration of such officers.
(2) For the purposes of Part IV. of the Local Government Act, 1925 (No. 5 of 1925) (which relates to the superannuation of the officers of a local body), every school attendance committee shall be deemed to be a committee of a local authority and to be a local body within the meaning of the said Part IV. of the said Act, and the provisions of the said Part IV. shall in so far as the same are applicable apply to a school attendance committee and their officers in like manner as they apply to a committee of a local authority and their officers subject to the following modifications, that is to say:—
(a) the grant by a school attendance committee of any allowance or gratuity shall be subject to the approval of the council of the county borough or urban district by which the expenses of such school attendance committee are defrayed; and
(b) in the case of an officer of a school attendance committee appointed under the Irish Education Act, 1892, who becomes an officer of a school attendance committee under this Act, such officer's service under the former committee shall be reckoned as service under the latter committee.
(3) The Minister may at any time at his discretion remove any officer of any such school attendance committee as aforesaid.
(4) Every person who immediately before the commencement of this Act is an officer of a school attendance committee appointed under the Irish Education Act, 1892, for a school attendance area situate in a county borough or urban district mentioned in the Schedule to this Act shall immediately upon the commencement of this Act become and be an officer of the school attendance committee under this Act for that school attendance area as if he had been appointed under this section by the last-mentioned committee.
(5) No person shall be appointed by a school attendance committee to be an officer of such committee unless he possesses such qualifications as shall be prescribed by the Minister for Education, after consultation with the Minister for Local Government and Public Health, as the necessary qualifications for such officer of such committee.
School attendance officers.
12.—(1) Every school attendance committee may by appointment in writing in the prescribed form signed by two members of the committee appoint such of its officers as it thinks fit to be school attendance officers for the purposes of this Act.
(2) Every school attendance officer appointed under this section shall, when exercising any authority or power under this Act as such officer, produce on demand and show his appointment as such officer to any person in relation to whom he is exercising such authority or power.
(3) A document produced by a person claiming to be a school attendance officer and represented by him to be his appointment as such officer and purporting on its face to be such appointment and to be duly made and signed under and in accordance with this section shall, until the contrary is proved, be evidence that such person is such school attendance officer.
Expenses of school attendance committees.
13.—(1) The expenses of every school attendance committee for a school attendance area situate in a county borough or urban district mentioned in the Schedule to this Act shall be defrayed by the council of such county borough or urban district out of the like rate as that out of which the expenses of a school attendance committee appointed under the Irish Education Act, 1892, were defrayed under section 74 of the Local Government (Ireland) Act, 1898.
(2) Immediately upon the commencement of this Act all the moneys and other assets and the liabilities of every school attendance committee appointed under the Irish Education Act, 1892 for a school attendance area situate in a county borough or urban district mentioned in the Schedule to this Act shall be transferred to and received or discharged (as the case may require) by the school attendance committee under this Act for such school attendance area.
Minister may dissolve school attendance committees.
14.—(1) If and whenever the Minister is satisfied that a school attendance committee is not duly and effectually discharging its duties under this Act or has refused or wilfully neglected to comply with any provision of this Act or of the regulations made thereunder, the Minister may by order dissolve such committee and shall by such order either:—
(a) appoint a person (in this section called a supervisor) to discharge the duties of such committee, or
(b) with the consent of the Minister for Justice, declare that this Act shall apply to the school attendance area of such committee as if such area was not situate in a county borough or urban district mentioned in the Schedule to this Act, or
(c) make such other provision as he may think proper for the discharge of the duties of such committee.
(2) Whenever the Minister could under the foregoing sub-section dissolve a school attendance committee he may, in lieu of dissolving such committee and making the consequential provisions mentioned in the foregoing sub-section, by order remove from such committee all or any of the members thereof, and whenever any such order is made the vacancies on such committee caused by such removal shall be deemed to be casual vacancies and shall be filled accordingly.
(3) Whenever the Minister by an order under this section appoints a supervisor the following provisions shall have effect, that is to say:—
(a) the remuneration and tenure of office of the supervisor shall be fixed by the Minister;
(b) the Minister may at any time remove the supervisor and appoint another person to be supervisor in his place;
(c) all the moneys and assets, liabilities, officers, rights, powers, and duties of the dissolved committee shall by virtue of such order be transferred to and shall vest in, be attached to, or be discharged or performed by the supervisor;
(d) the expenses of the supervisor (including his own remuneration) shall be defrayed in like manner as the expenses of the dissolved committee are required by this Act to be defrayed;
(e) the Minister may by order at any time remove the supervisor and either order the appointment under this Act of a new school attendance committee for the school attendance area of such supervisor and restore to such committee the moneys and other assets, liabilities, officers, rights, powers, and duties of the supervisor, or, with the consent of the Minister for Justice, declare that this Act shall apply to such school attendance area as if it was not situate in a county borough or urban district mentioned in the Schedule to this Act.
(4) Whenever the Minister makes an order under this section declaring that this Act shall apply to a school attendance area as if such area was not situate in a county borough or urban district mentioned in the Schedule to this Act the following provisions shall have effect, that is to say:—
(a) this Act shall apply to such area in accordance with such declaration;
(b) the moneys and assets and the liabilities of the dissolved committee or removed supervisor (as the case may be) shall by virtue of such order be transferred to and vested in or discharged by the council by whom the expenses of such committee or supervisor were defrayed under this Act;
(c) the officers of the dissolved committee or removed supervisor (as the case may be) shall be deemed to have been removed by virtue of such order from office and the council to whom the moneys of such dissolved committee or removed supervisor are transferred—
(i) shall have in respect of the pensionable officers of such dissolved committee or removed supervisor the like powers of superannuation as are conferred by this Act on a school attendance committee, in respect of the officers of such committee, and
(ii) shall pay to the non-pensionable officers of such dissolved committee or removed supervisor compensation in accordance with a scale to be fixed by the Minister for Local Government and Public Health after consultation with the Minister for Education, but not exceeding in any case one-tenth of the annual salary of the officer for every completed year of his service, such salary being calculated at the rate of the salary of which the officer was in receipt at the time of the dissolution of the committee or removal of the supervisor (as the case may be);
(d) all expenses incurred by a council in pursuance of this sub-section shall be defrayed out of the rate or fund out of which the expenses of a school attendance committee are to be defrayed under this Act.
(5) Whenever a school attendance committee appointed under the Irish Education Act, 1892, which should under this Act become the first school attendance committee of a school attendance area is at the commencement of this Act either not in existence or not properly constituted, such first school attendance committee shall for the purposes of this section be deemed to have come into existence under this Act and may be deemed by the Minister at any time after the passing of this Act not to be discharging its duties under this Act duly and effectually and may be dissolved under this section accordingly.
Principal teachers to make certain returns, etc.
15.—(1) The principal teacher of every national and other suitable school at which any children to whom this Act applies are enrolled or attending shall communicate at the prescribed times and in the prescribed manner to the respective enforcing authorities of the several school attendance areas in which such children respectively reside the prescribed particulars of every such child who is absent from such school and the prescribed particulars of such absences.
(2) The principal teacher of every national or other suitable school shall on demand supply in the prescribed form to any enforcing authority the respective ages as stated in the school registers of all or any of the children attending such school and the prescribed particulars of the attendances at and absences from such school of all or any of those children who are children to whom this Act applies.
(3) When a child to whom this Act applies is removed from a national or other suitable school, the principal teacher of such school shall on demand give to the parent of such child a certificate in the prescribed form stating the period during which such child was attending such school, the number of attendances and absences of such child at or from such school during the prescribed portion of such period, and the class in the school in which the child was placed for instruction immediately before his removal from the school, and the parent of the child shall exhibit such certificate to the principal teacher of any national or other suitable school to which he applies for the admission of the child.
(4) The principal teacher of every national or other suitable school shall, at the beginning of every quarter commencing on the 1st day of January, the 1st day of April, the 1st day of July, or the 1st day of October, furnish to the Secretary of the Juvenile Advisory Committee for the place where the school is situate or, if there is no such committee, to the nearest local officer of the Minister for Industry and Commerce the names and addresses of all children attending the school who will attain the age of fourteen years during such quarter.
Parent to notify cause of absence.
16.—Whenever a child to whom this Act applies is for the time being attending a national or other suitable school in accordance with this Act but is absent from such school on any day or days on which he should under this Act attend such school, his parent shall as soon as possible and in any event not later than the third day after the day or the first of the days (as the case may be) of such absence communicate in writing or in person to the principal teacher of such school the cause of such absence.
Failure of parent to comply with this Act.
17.—(1) Whenever a parent fails or neglects to cause his child to whom this Act applies to attend school in accordance with this Act and, so far as is known to the enforcing authority of the school attendance area in which the child resides, there is no reasonable excuse for such failure or neglect, such enforcing authority shall serve on such parent a warning in the prescribed form—
(a) requiring him within one week after such service either to cause his child named in the warning to attend school in accordance with this Act or to give to the enforcing authority a reasonable excuse for not so doing, and
(b) informing him that in the event of his failing to comply with the warning proceedings will be instituted against him under this Act in the District Court, and
(c) informing him that if within three months after such proceedings he again fails to comply with this Act further proceedings may be instituted against him without previous warning.
(2) If a parent does not comply with a warning duly served on him under this section, he shall, unless he satisfies the Court that he has used all reasonable efforts to cause the child to attend school in accordance with this Act, be guilty of an offence under this section and shall be liable in the case of a first offence to a fine not exceeding twenty shillings and in the case of a second or subsequent offence (whether in relation to the same or another child) to a fine not exceeding forty shillings.
(3) Whenever a parent within three months after being convicted of an offence under this section, fails without reasonable excuse to cause his child in respect of whom he was so convicted to attend school in accordance with this Act, such parent shall, unless the child has ceased to be a child to whom this Act applies, be guilty of an offence under this section (which shall for the purposes of this section be deemed to be a second offence under this section) and shall be liable on summary conviction thereof to a fine not exceeding forty shillings.
(4) If in any proceedings against a parent under this section the parent satisfies the court that he has used all reasonable efforts to cause the child to whom the proceedings relate to attend school in accordance with this Act or the parent is convicted of a second or subsequent offence under this section in respect of the same child, the court if it thinks fit may—
(a) order the child to be sent to a certified industrial school, in which case the provisions of Part IV of the Children Act, 1908 so far as applicable shall apply as if the order had been made under that Part of that Act, or
(b) in accordance with the provisions of Part II. of the said Children Act, 1908 order the committal of the child to the care of a relative or other fit person named by the court, and in such case the provisions of that Part of that Act shall, so far as applicable, apply as if the order were an order made thereunder.
Miscellaneous provisions as to prosecutions under the Act.
18.—(1) In any prosecution for an offence under this Act, the court before which the prosecution is brought may, on the application of the prosecutor or the person prosecuted or on its own motion, order the parent of the child to whom the prosecution relates to produce such child before the court at a specified time and place, and in the event of such parent failing so to produce such child the court may inflict on such parent a fine not exceeding twenty shillings.
(2) In any prosecution for an offence under this Act the burden of proof of any of the following matters in relation to the child to whom the prosecution relates shall lie on the person prosecuted, that is to say:—
(a) the age of the child,
(b) that there was a reasonable excuse for the non-attendance of the child at a school in accordance with this Act on any particular day or during any particular period,
(c) that the child is receiving suitable elementary education in some manner other than by attending a national or other suitable school.
(3) In any prosecution for an offence under this Act, a certificate purporting to be signed by the principal teacher of a national or other suitable school stating that the child to whom the prosecution relates is or is not attending that school or stating that such child did or did not attend that school on particular days shall, until the contrary is proved, be evidence of such of the matters aforesaid as are stated in such certificate.
(4) In any prosecution for an offence under this Act, a certificate purporting to be signed by a duly qualified medical practitioner that the child to whom the prosecution relates is or was at any specified time suffering from a specified physical or mental malady or injury and that such malady or injury was of such a nature as to render the child unfit to attend school, or that some person residing in the house in which such child resides is or was suffering from a specified physical or mental malady or injury shall, until the contrary is proved, be evidence of such of the facts aforesaid as are stated in such certificate.
(5) In any prosecution for an offence under this Act the court may order the costs incurred in relation to such prosecution by the prosecutor or the person prosecuted to be paid by the person prosecuted or the prosecutor (as the case may require) and may fix the amount of such costs.
(6) A prosecution for an offence under this Act may in a school attendance area situate in a county borough or urban district mentioned in the Schedule to this Act, be prosecuted at the suit of any school attendance officer in the area as prosecutor, and may in any other school attendance area, be prosecuted at the suit of the enforcing authority of the area as prosecutor.
Inspection and copies of registers of births and deaths.
19.—(1) Every superintendent registrar or registrar of births and 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 school attendance officer without any fee or other payment to inspect the register books in the custody of such superintendent registrar 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 under this Act.
(2) Whenever any person requires to ascertain or prove for any purpose arising under this Act the age of a child such person shall be entitled to obtain from the enforcing authority of the school attendance area in which such child resides a requisition in the prescribed form for a certificate of the date of the birth of such child 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 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 child.
(3) Every registrar of births and deaths shall as and when so required by an enforcing authority 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 children registered by such registrar.
Parents to furnish particulars of their children.
20.—Every person required so to do by notice in writing in the prescribed form served on or left for him at his residence by the enforcing authority of the school attendance area in which he resides shall furnish to such enforcing authority within the time and in the manner specified in such notice the names and ages, and (in the case of children to whom this Act applies) the mode of education and other particulars specified in such notice of all the children or any specified child of whom he is the parent within the meaning of this Act, and if any such person shall fail so to do he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty shillings.
Authentication of warnings, notices, etc.
21.—All warnings, notices, and other documents issued or served under this Act by an enforcing authority shall, save as otherwise expressly provided by this Act, be sufficiently authenticated by the signature thereon of a school attendance officer of that authority.
Offences in relation to certificates.
22.—(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 this Act shall be guilty of a misdemeanour and shall be liable on conviction thereof to suffer imprisonment with or without hard labour 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 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 this Act which is to his knowledge forged or counterfeited or is false or misleading in any material particular or any signature to 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.
Regulations.
23.—The Minister may by order prescribe any matter or thing which is in this Act referred to as prescribed or to be prescribed.
Extension of application of this Act.
24.—(1) The Minister may by order from time to time apply the provisions of this Act to children or any class of children who have attained the age of fourteen years and have not attained the age of sixteen years.
(2) The Minister may by and in any order made by him under this section do all or any of the following things, that is to say:—
(a) limit the application of the order to any particular part of Saorstát Eireann;
(b) limit the application of the order to attendance at school for instruction in one or more specified subjects;
(c) except any children or class of children from the operation of the order;
(d) except any of the provisions of this Act from the operation of the order;
(e) make such adaptations and modifications of the provisions of this Act in their application to the children or class of children to which the order relates as the Minister shall think necessary for the purposes of such application;
(f) extend, restrict, amend, or revoke any previous order made under this section.
(3) Whenever the Minister makes an order under this section applying the provisions of this Act to children or any class of children authorised by this section, the provisions of this Act shall apply to such children or class of children subject to and in accordance with the terms of the order for so long as the order continues in force.
(4) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either such House within the next subsequent twenty-one days on which that House has sat annulling such order, such order shall be annulled accordingly but without prejudice to the validity of anything previously done under such order.
Expenses.
25.—Save as is otherwise provided by this Act, the expenses of carrying this Act into effect shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys to be provided by the Oireachtas.
Repeals and provisions consequent thereon.
26.—(1) Sections 1 to 16 and the First, Second and Third Schedules of the Irish Education Act, 1892 and section 2 of the Irish Education Act, 1893 are hereby repealed.
(2) So much of the Irish Education Acts, 1892 and 1893 as is not repealed by this section or any previous enactment shall be construed and have effect as if the expression “The Minister for Education” were inserted therein in lieu of the expression “the Commissioners” wherever the latter expression occurs therein.
(3) Immediately upon the commencement of this Act every school attendance committee appointed under the Irish Education Act, 1892 and existing at the commencement of this Act shall be deemed to be dissolved and, save as is otherwise provided by this Act, the moneys and other assets and the liabilities of every such committee shall by virtue of this Act be transferred to and vest in and be discharged by the council or body by which the expenses of such committee were defrayed under that Act.
(4) Immediately upon the commencement of this Act the officers then existing of every school attendance committee appointed under the Irish Education Act, 1892 and existing at the commencement of this Act shall, save as is otherwise provided by this Act, be deemed to have been removed from their respective offices and shall be paid by the council or body by which the expenses of such committee were defrayed under that Act compensation in accordance with a scale to be fixed by the Minister for Local Government and Public Health after consultation with the Minister for Education but not exceeding in any case one-tenth of the annual salary of the officer for every completed year of his service, such salary being calculated at the rate of salary of which the officer was in receipt on the 1st day of November, 1925.
(5) All expenses incurred by a council or body in the execution of this section shall be defrayed out of the like rate or fund as that out of which the expenses of the school attendance committee were defrayed by such council or body.
Short title and commencement.
27.—(1) This Act may be cited as the School Attendance Act, 1926.
(2) This Act shall come into operation on such day as may be fixed for the purpose by the Minister by order either generally or with reference to any particular sections or for any particular areas or districts and different days may be so appointed for different sections of this Act or for different areas or districts.
SCHEDULE.
The County Borough of Cork.
The County Borough of Dublin.
The County Borough of Limerick.
The County Borough of Waterford.
Blackrock Urban District.
Dun Laoghaire Urban District.
Rathmines and Rathgar Urban District.
Pembroke Urban District.