(3) For the purpose of maintaining any such school, a school board shall have the same powers, but subject to the same conditions, as a school board has in regard to the maintenance of a higher class public school under section eighteen of the Education (Scotland) Act, 1878. (4) A School Board may, with the consent of the Scotch Education Department, use for the purposes of a technical school any buildings, or part of any buildings, vested therein for the purposes of the Education (Scotland) Acts, 1872 to 1883, and a School Board or combination of School Boards may, with the consent of the Scotch Education Department, use for the purposes of the Education (Scotland) Acts, 1872 to 1883, any buildings, or part of any buildings, authorised by this Act. (5) A School Board may, with the consent of the Scotch Education Department, spread the payment of the expense of providing a technical school over a number of years, not exceeding thirty-five years, unless with the sanction of the Treasury, and in any case not exceeding fifty, and may borrow money for that purpose; and for the purpose of such borrowing, section forty-five of the Education (Scotland) Act, 1872, shall be held to apply to the loan, and such provision shall be deemed to be a work for which a School Board is authorised to borrow, and the Public Works Loan Commissioners are authorised to lend, within the meaning of the ninth section and the First Schedule of the Public Works Loans Act, 1875. (6) Where a School Board has provided any such school, it may discontinue the school or change the site thereof, if it satisfies the Scotch Education Department that the school to be discontinued is unnecessary, or that the change of site is expedient. Combination of School Boards to Provide Technical School. 8. Any two or more School Boards may resolve to combine together for the purpose of providing and maintaining a technical school under this Act common to the districts of such School Boards, provided that no such resolution shall have any effect unless and until it has been published and confirmed in manner herein-before provided; and if such resolution is confirmed as aforesaid, the same provisions shall have effect as in the case of a resolution to provide a technical school, and if the resolution is carried into effect the expenses of providing or maintaining the school, and the sum necessary to meet any deficiency on the technical school account shall be paid out of the school funds of the combining School Boards in terms of the said resolution. Transference of Existing Technical Schools, &c. 9. The provisions of sections thirty-eight and thirty-nine of the Education (Scotland) Act, 1872, with respect to the transference of schools in pursuance of those sections, shall apply to technical schools now existing, or which may hereafter exist, in the same manner as they now apply to the schools which may presently be transferred in pursuance of those sections. Scholars Admissible to Technical Schools. 10. No scholar shall be admitted to a technical school unless or until he has obtained a certificate under section seventy-three of the Education (Scotland) Act, 1872, as amended by section seven of the Education (Scotland) Act, 1883, or an examination equivalent thereto. Technical Schools Deemed Public. Effect of Attendance. 11. A technical school provided and maintained under this Act shall be deemed to be a public school, but attendance thereat shall not be reckoned as attendance for the purpose of any grant from moneys voted by Parliament under the Education (Scotland) Acts, 1872 to 1883. 12. In this Act- Definitions. The expression "technical school" means a school or department of a school in which technical instruction is given, and School Board shall include combination of School Boards. The expression "technical instruction" means instruction in subjects approved by the Scotch Education Department, and in the branches of science and art with respect to which grants are for the time being made by the Department of Science and Art, or in any other subject which may for the time being be sanctioned by that Department. The expression "prescribed" means prescribed by the Scotch Education Department. TECHNICAL INSTRUCTION AMENDMENT (SCOTLAND) АСТ, 1892. 55 AND 56 VICT. CAP. 63. An Act to explain and amend the Local Taxation (Customs and Excise) Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:- Powers of Local Authority as to Contribution for Technical Instruction.— Application of Contributions by Local Authority. 1. A Local Authority making contributions for the purposes of technical education in Scotland under the provisions of section two of the Local Taxation (Customs and Excise) Act, 1890 (53 and 54 Vict. c. 60, s. 2), may do so in one or more of the following ways, that is to say :- (a) In making provision in aid of technical or manual instruction supplied in schools or institutions within or without its district, provided that if the schools and institutions so aided be without the district they shall be accessible and convenient to the inhabitants of the district : (b) In providing, or assisting in providing, scholarships or bursaries for, or in paying, or assisting in paying, the fees of students ordinarily resident in the district of the Local Authority at schools or institutions whether within or without that district : (c) In providing, or assisting in providing, school-books and apparatus, and salaries for teachers of technical and manual instruc tion, either within the district, or accessible to the inhabitants thereof: (d) In founding, or assisting in founding, new institutions for technical and manual instruction: (c) In making contributions to the governing bodies or managers of schools or institutions within the district of the Local Authority for the promotion of technical education, or technical and manual instruction, under the Technical Schools (Scotland) Act, 1887 (50 and 51 Vict. c. 64), or this Act, subject to such terms or conditions as may be agreed upon between the Local Authority and any such governing body or managers: Provided always that no money so contributed shall be paid in respect of any scholar in a public or State-aided school who has not obtained a certificate under section seventy-three of the Education (Scotland) Act, 1872 (35 and 36 Vict. c. 62), as amended by section seven of the Education (Scotland) Act, 1883 (46 and 47 Vict. c. 56). Schools, &c., to which Contributions may be made. 2. The schools and institutions to which contributions may be made by a Local Authority under this Act shall include schools and institutions under the management of- (i.) A School Board; or (ii.) A governing body constituted under a scheme approved under the Educational Endowments (Scotland) Act, 1882 (45 and 46 Vict. c. 59); or (iii.) Any governing body or managers approved of by the Scotch Education Department. Application of Balances. 3. Any moneys directed by resolution of a Local Authority to be appropriated for the purposes of technical or manual instruction, shall, although not expended or specifically allotted in whole or in part before the end of the financial year, remain applicable for such purposes, subject to the orders of the Local Authority. The expression "Local Authority" includes the County Councils of Counties and Town Councils acting as such or as Police Commissioners of Burghs, and Police Commissioners of Police Burghs in Scotland: The expression "technical instruction" means instruction in the principles of science and art applicable to industries, and in the application of special branches of science and art to specific industries or employments. It shall not include teaching the practice of any trade, or industry, or employment, but, save as aforesaid, shall include instruction in the branches of science and art with respect to which grants are for the time being made by the Department of Science and Art, and any other form of instruction (including modern languages and commercial and agricultural subjects) which may for the time being be sanctioned by that department, or by the Scotch Education Department, by a minute laid before Parliament, and made on the representation of a Local Authority that such a form of instruction is required by the circumstances of its district : The expression "manual instruction " shall mean instruction in the use of tools, processes of agriculture, and modelling in clay, wood, or other material. Saving. 5. Nothing contained in this Act shall prejudice or abridge the powers conferred on Local Authorities by the Technical Schools (Scotland) Act, 1887, or by the Local Taxation (Customs and Excise) Act, 1890. Short Title. 6. This Act may be cited as the Technical Instruction Amendment (Scotland) Act, 1892. MISCELLANEOUS LEGISLATION. THE COMPANIES CLAUSES CONSOLIDATION ACT, 1845. [NOTE. These provisions are incorporated in the Irish Act (see page 79). They were incorporated in the repealed Act of 1855 as to England and Wales, but the incorporation of the provisions with respect to the borrowing of money was repealed by the Act of 1887, and none of the provisions are incorporated in the Act of 1892. They are not incorporated in the Scotch Act.] BORROWING OF MONEY. And with respect to the borrowing of money by the Company on mortgage or bond, be it enacted as follows:- Company may Borrow such Sums as shall be authorised by a General Meeting. Section 38. If the Company be authorised by the special Act to borrow money on mortgage or bond, it shall be lawful for them, subject to the restrictions contained in the special Act, to borrow on mortgage or bond such sums of money as shall, from time to time, by an order of a general meeting of the Company, be authorised to be borrowed, not exceeding in the whole the sum prescribed by the special Act, and for securing the repayment of the money so borrowed, with interest, to mortgage the undertaking, and the future calls on the shareholders, or to give bonds in manner hereinafter mentioned. If Borrowed Money be Repaid, Company may again Borrow. Section 39. If, after having borrowed any part of the money so authorised to be borrowed on mortgage or bond, the Company pay off the same, it shall be lawful for them again to borrow the amount so paid off, and so from time to time; but such power of re-borrowing shall not be exercised without the authority of a general meeting of the Company, unless the money be so re-borrowed in order to pay off any existing mortgage or bond. Evidence of Authority for Borrowing-Certificate of Justice-Order of General Meeting. Section 40. Where by the special Act the Company shall be restricted from borrowing any money on mortgage or bond until a definite portion of their capital shall be subscribed or paid up, or where by this or the special Act the authority of a general meeting is required for such borrowing, the certificate of a justice that such definite portion of the capital has been subscribed or paid up, and a copy of the order of a general meeting of the Company authorising the borrowing of any money, certified by one of the directors or by the secretary to be a true copy, shall be sufficient evidence of the fact of the capital required to be subscribed or paid up having been so subscribed or paid up, and of the order for borrowing money having been made; and upon production to any justice of the books of the Company, and of such other evidence as he shall think sufficient, such justice shall grant the certificate aforesaid. Mortgages and Bonds to be by Deed-Form. Section 41. Every mortgage and bond for securing money borrowed by the Company shall be by deed under the common seal of the Company, duly stamped, and wherein the consideration shall be truly stated; and every such mortgage deed or bond may be according to the form in the Schedule (C) or (D) to this Act annexed, or to the like effect. |