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Education And Training Act


Published: 1974-04-26

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Education and Training

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1974-11

EDUCATION AND TRAINING ACT

Principal Act

Act. No. 1974-11 Commencement 26.4.1974

Assent 28.4.1974

Amending

enactments

Relevant current

provisions

Commencement

date

Acts. 1976-24 s. 73

1982-33 ss. 31, 82(1) and 83

1984-01 s. 73(1), (2A), (2B) and (2C) 30.4.1984

1986-09 Sch 17.7.1986

1987-34 ss. 2(1), 54(1), 56(1) and (5), 58(1)

and 59

1.2.1988

1990-25 ss. 50 and 73(1) and (2) 7.6.1990

1997-25 ss. 2(1), 54(1), 56(1) and (5), 58(1)

and 59

21.8.1997

2001-18 ss. 1, 82(1) and (1A) 31.10.2002

2005-20 ss. 73(2), 73(2)(iv) 16.6.2005

2007-17 ss. 2, 2(3), 3, 4(1), 6(1), 7(1), 14(1)

& (2), 15(a) & (b), 17, 23(1), 28(2),

31(4), 33(1) & (2), 34(2), 37, 38,

41(2), 65(1), 69(1), 86(1)(c)

14.6.2007

2009-09 ss. 73(2), 73(2)(v), (vi) & 73(2D) 15.1.2009

LN. 2012/202 ss. 53A, 53B & 53C 29.11.2012

English sources:

None cited

Transposing:

Directive 77/486/EEC

EU Legislation/International Agreements involved:

Education and Training

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1974-11

ARRANGEMENT OF SECTIONS

Section

1. Short title.

PART I.

INTERPRETATION AND APPLICATION.

2. Interpretation.

3. Exemption of solely religious schools.

4. Exemption of Ministry of Defence schools.

5. Gibraltar and Dockyard Technical College.

6. Power of exemption.

PART II.

ADMINISTRATION.

7. Director of Education.

8. Director to promote education.

9. Report to the Assembly.

10. Delegation of Director’s powers.

11. Register of independent schools.

12. Additional information to be furnished in respect of registered schools.

13. Registration of pupils.

14. Education Council.

15. Duties of Education Council.

PART III.

POLICY.

16. General principles of education policy.

17. General powers in relation to education policy.

PART IV.

THE STATUTORY SYSTEM OF EDUCATION.

18. Stages of educational system.

19. Provision of primary and secondary schools.

20. Powers to establish primary and secondary schools.

21. Use of school premises.

22. School committees.

23. Appointment, dismissal and transfer of teachers.

24. Appointment of headteachers.

25. Power of suspension.

26. Secular instruction in Government schools.

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1974-11

27. General duties relating to further education.

28. Powers to establish institutions of further education.

29. Committees for colleges of further education.

30. Revision of facilities for recreation, etc.

PART V.

INDEPENDENT SCHOOLS.

31. Approval for opening of independent schools.

32. Complaints.

33. Determination of complaints.

34. Removal of disqualifications.

35. Application of Act to independent schools.

36. Rights of registered independent schools.

37. Returns.

PART VI.

GRANTS-IN-AID.

38. Grants-in-aid.

39. Registers and accounts.

40. Employment, dismissal and remuneration of teachers.

PART VII.

RELIGIOUS EDUCATION.

41. Advisory Council on religious education.

42. General provisions on religious education.

43. Ministers of religion shall be authorized to give religious instruction.

44. Saving as to position of teachers.

PART VIII.

SPECIAL EDUCATION.

45. Education of pupils requiring special educational treatment.

46. Reception in Government schools.

47. Director to ascertain what children require special educational

treatment.

48. Director to publicize provisions of this Part.

PART IX.

COMPULSORY EDUCATION.

49. Compulsory school age.

50. Duty of parents to secure the education of their children.

51. School attendance orders.

52. Duty of parents to secure regular attendance of registered pupils.

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1974-11

53. Penalties.

Measures for the education of EEA nationals

53A Education and integration of EEA workers’ children.

53B. Teaching of country of origin language and culture.

53C. Reports to the Commission.

PART X.

HEALTH.

54. Medical inspection.

55. Treatment.

56. Power to ensure cleanliness.

57. Power to close schools in interests of public health.

58. Entry into school prohibited because of notifiable disease.

59. Directions as to notifiable diseases.

PART XI.

EMPLOYMENT AND WELFARE.

60. Application.

61. Interpretation.

62. Employment of children.

63. Power of Director to prohibit or restrict employment of children.

64. Effect of school attendance orders on computation of working hours.

65. Establishment of Youth Employment and Welfare Council.

66. Training and employment of young persons suffering from disability of

mind or body.

67. Duties of employers.

68. Powers of Director and right of appeal.

69. Powers of inspection.

70. Legal proceedings.

71. Application of Social Security (Employment Injuries Insurance) Act.

72. Saving.

PART XII.

MISCELLANEOUS.

73. Fees.

74. General power of inspection of schools.

75. Inspection of Government schools.

76. Powers of Minister as to educational research.

77. Power of the Director as to educational conferences.

78. Power to accept gifts for educational purposes.

79. Reports and returns.

80. Information relating to births and deaths.

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1974-11

81. Provision as to transport.

82. Regulations.

83. Offences and penalties.

84. Provisions as to evidence.

85. Service of notices.

86. Saving as to persons of unsound mind and persons detained by order

of a court.

PART XIII.

TRANSITIONAL AND REPEAL.

87. Omitted.

88. Omitted.

89. Omitted.

SCHEDULE.

Part I. School Committee.

Part II. Committee for College of Further Education.

Part III. Management of Schools and Colleges.

A : Instrument of Management.

B : Articles of Management.

Education and Training

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1974-11

AN ACT TO CONSOLIDATE THE LAW RELATING TO EDUCATION

AND TRAINING.

Short title.

1. This Act may be cited as the Education and Training Act.

PART I.

INTERPRETATION AND APPLICATION.

Interpretation.

2. (1) In this Act, unless the context otherwise requires–

“aided school” means a school receiving a grant under the provisions of

section 38;

“Authority” means the Gibraltar Health Authority;

“building” includes part of a building;

“college” includes any institution which for the time being provides

further technical or commercial education;

“Director” means the Director of Education;

“Education Council” means the Education Council established by section

14;

“further education” includes–

(a) full-time and part-time education for persons over compulsory

school age; and

(b) leisure-time occupation in such organized cultural training and

recreative activities as are suited to their requirements for any

persons over compulsory school age who are able and willing to

profit from such training and activities;

“Government school” means a school provided, maintained, staffed and

managed by the Government;

“headteacher” includes the principal or other head of a school;

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1974-11

“independent school” means an institution, other than a Government

school or a special school which provides for ten or more persons,

nursery, primary, secondary or further education or other

educational course and in the case of instruction given by means of

correspondence delivered by hand or through the post any

institution which prepares the instruction or which examines the

work of the pupils and includes an aided school;

“medical inspection” means inspection by any duly qualified medical

practitioner or dentist;

“Minister” means the Minister with responsibility for education;

“notifiable disease” has the meaning assigned thereto by section 3 of the

Public Health Act;

“nursery school” means a school which is used mainly for the purpose of

providing education for children who have not started primary

education;

“parent” includes a guardian and every person who has the actual custody

of a child;

“premises” include any detached playing fields;

“primary education” means full-time education suitable to the

requirements of children between the approximate ages of five and

twelve years;

“proprietor” means the person or body of persons responsible for the

management of a school;

“Public Health Director” means the registered medical practitioner

appointed as such by the Authority;

“pupil” where used without qualification, means a person of any age for

whom education is required to be provided under this Act;

“registered” means registered under this Act;

“registered pupil” means a pupil registered as such in the register kept in

accordance with the requirements of this Act, but does not include

any child who has been withdrawn from the school in the prescribed

manner;

“school” means an institution, organisation, college or place which

provides or where there is provided for ten or more persons during

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1974-11

any one day, whether or not at the same time, nursery school,

primary, secondary, further education or other educational course,

and in the case of instruction given by means of correspondence

delivered by hand or through the postal services, the institution or

place where the instruction is prepared or where the work of the

pupils is received, dispatched, or examined;

“school premises” includes places used for the purposes of a school and

school recreation grounds, boarding houses, playing fields and

playing grounds;

“secondary education” means education such as would normally be

suitable for pupils from the age of twelve years onwards;

“special school” means a school, wherein special education treatment is

provided for pupils suffering from any disability of mind or body;

“statutory education system” means the educational system established,

maintained or operated under the provisions of this Act;

“young person” means a person over the age of fifteen years and under

the age of eighteen years.

(2) Where any school provides any evening instruction, that is to say,

instruction of which the greater part in any one day takes place after 6 p.m.,

there shall be deemed to be a separate school in respect of such evening

instruction and such separate school shall be separately registered under this

Act.

(3) So long as any school is used for providing both primary and

secondary education, references in this Act to primary schools shall be

construed as including references to that school, and references therein to

secondary schools shall be construed as excluding any reference thereto:

Provided that where the primary education provided in any such school is

provided in a separate department, the Minister may direct that for purposes

of this Act the school shall be deemed to be a secondary school, and such

references shall be construed accordingly.

(4) For the purposes of this Act relating to compulsory education a pupil

whose fifteenth birthday occurs during a school term shall be deemed to

attain that age on the last day of such term.

(5) The school year shall be the period of twelve months ending on the

thirty-first day of August in any year, or such other day as may be prescribed.

Exemption of solely religious schools.

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1974-11

3. Any school in which the education is solely religious shall, except in such

case and to such extent as the Minister may by Order in the Gazette specify,

be exempt from the provisions of this Act.

Exemption of Ministry of Defence Schools.

4. (1) Any school established by the Ministry of Defence shall be exempt

from the provisions of this Act.

(2) Where by or under subsection (1) any Part or provision of this Act

applies to a school established by the Ministry of Defence, such part or

provision shall apply to such school as if such school were a Government

school; and any reference therein to the Director shall be construed as a

reference to the person for the time being having charge of the said school.

Gibraltar and Dockyard Technical College.

5. For the purposes of this Act the Gibraltar and Dockyard Technical College

shall, in matters relating–

(a) to parents and pupils, be deemed to be a Government school;

(b) to maintenance, staffing and management be subject to

agreement between the Government and the Ministry of

Defence, Navy.

Power of exemption.

6. (1) The Minister may by order in the Gazette exempt for such period, if

any, as may be specified in the order, either wholly or in part from the

provisions of this Act and any regulations made thereunder, and either

absolutely or subject to such conditions as he may think fit to impose, any

school or class or category of school, and the Committee, teachers and

pupils thereof.

(2) The Director may, by order under his hand, exempt either wholly or

in part, from the provisions of this Act and any regulations made thereunder,

and either absolutely or subject to such conditions as he may think fit to

impose, any school in which the education provided consists only of short

series of lectures, or short courses of instruction in individual subjects or

topics or in which the hours of academic instruction in each week total less

than five, and, in like manner, may exempt the Committee, teachers or pupils

thereof.

PART II.

Education and Training

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1974-11

ADMINISTRATION.

Director of Education.

7. (1) The Government shall appoint a Director of Education and such

other officers subordinate to the Director as the Government may consider

necessary.

(2) There shall be a Department of Education which shall be under the

control of the Director.

Director to promote education.

8. (1) Subject to any general or special directions of the Minister, the

Director shall be charged with control of the educational system and with the

superintendence of matters relating to education in Gibraltar.

(2) It shall be the duty of the Director subject to the directions of the

Minister–

(a) to promote the education of the people of Gibraltar and to

control and direct educational policy;

(b) to administer and inspect all Government schools in Gibraltar;

(c) to ensure the due administration of the provisions of this Act

and any subsidiary legislation made thereunder;

(d) to report to the Education Council annually on the progress of

education in Gibraltar;

(e) to the best of his ability to ensure the supply of suitably

qualified teachers sufficient in number to meet the due

requirements of education in Gibraltar;

(f) in liaison with the Director of Medical and Health Services to

provide for the medical inspection and treatment of pupils;

(g) to provide for the education of children who require special

educational treatment;

(h) to inspect all independent schools and nursery schools;

(i) to submit to the Minister before the end of each calendar year

an annual report describing the work of the Department and the

state of education in Gibraltar during the school year ending in

such calendar year together with a statement showing the

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expenditure incurred by the Department on educational work in

that year, a report on the condition of school buildings (with

particular reference to fire and safety precautions, sanitation and

equipment) and such other information as the Minister may

direct.

Report to the Assembly.

9. The Minister shall cause every annual report received by him under section

8 to be laid before the Parliament at the next convenient meeting of the

Assembly following the receipt by him of such report.

Delegation of Director’s powers.

10. The functions of the Director under the provisions of this Act and any

subsidiary legislation made thereunder may be exercised and discharged by

such other officers of the Department of Education as may be authorized by

the Director in that behalf.

Register of independent schools.

11. (1) The Director shall keep a register of all independent schools for the

establishment or conduct of which approval has been granted under the

provisions of Part V and shall enter in the register any such information and

particulars as are required to be furnished to him under the provisions of this

Act and as he may deem necessary to the proper keeping of the register, or

as may be prescribed.

(2) Whenever there occurs any change in the ownership of an

independent school or any change or modification in respect of any

information or particulars relating to such a school and required by this Act

to be furnished to the Director, the proprietor of such school shall forthwith

furnish the Director with full information in regard to any such change or

modification.

(3) The register of independent schools shall be open to public inspection

at all reasonable times.

Additional information to be furnished in respect of registered schools.

12. The proprietor of any school which has been registered under the

provisions of section 11 shall furnish the Director, at such intervals as the

Director may require, with such particulars as may be prescribed in regard

to–

(a) the number of days on which the school was open;

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(b) the number of registered pupils on the roll of the school; and

(c) the average attendance of registered pupils at the school.

Registration of pupils.

13. The proprietor of every independent school and the Director in relation

to every Government school, shall cause to be kept a register containing such

particulars as may be prescribed with respect to all persons of compulsory

school age who are pupils at the school, and every such proprietor shall

produce such register for inspection by the Director or any person thereto

authorized by the Director whenever required so to do by the Director or

such person.

Education Council.

14. (1) There shall be an Education Council to advise the Minister upon such

matters connected with educational theory and practice as the Council shall

think fit, and upon any questions referred to the Council by the Minister.

(2) The Education Council shall consist of–

(a) the Minister for the time being responsible for education, as

Chairman;

(b) six members appointed by the Minister, one of whom shall be

nominated by the Roman Catholic Bishop of Gibraltar, from

amongst persons who have had experience of education.

(3) The Director, or any officer of the Department of Education

authorized by the Director in that behalf, shall be the secretary to the

Education Council.

(4) Subject to the provisions of such regulations as may be prescribed,

the Education Council shall regulate its own procedure.

(5) The Education Council shall meet at intervals of not more than three

months.

Duties of Education Council.

15. It shall be the duty of the Education Council, acting where necessary or

expedient through any appropriate committee of the Council–

(a) to advise the Government in regard to educational policy;

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(b) to submit its views and recommendations on any question or

matter relating to education which the Minister may refer to it.

PART III.

POLICY.

General principles of education policy.

16. In the exercise of all the powers and duties conferred and imposed by this

Act regard shall be had, so far as is compatible with the provision of efficient

instruction and training and the avoidance of unreasonable public

expenditure, to the following general principles:–

(a) pupils shall be educated in accordance with the wishes of their

parents;

(b) there shall be an equality of educational opportunity for all, and

pupils shall be educated according to their abilities, aptitudes

and needs;

(c) there shall be a fostering of a sense of community and

awareness and understanding of other peoples of the world;

(d) regard shall be had to the requirements of the community and to

its spiritual, moral, mental and physical development in

endeavours to produce well-educated and well-trained men and

women;

(e) the constant improvement of educational standards;

(f) there shall so far as is possible be a progressive development of

all educational institutions.

General powers in relation to education policy.

17. In accordance with the general principles set out in section 16 the

Government may–

(a) establish schools in such places as he may think fit;

(b) classify such schools, and maintain or assist in maintaining

schools, whether established by the Government, or not;

(c) take such action as he may consider necessary to ensure that

there is a sufficient supply of trained and qualified teachers to

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meet the needs of educational institutions, and to provide for

their in-service training after appointment;

(d) establish, maintain or assist in maintaining such technical

institutions and training centres as he may consider necessary

for technical and vocational education;

(e) provide or assist in providing such facilities for further

education as he may think fit;

(f) subject to such conditions as may be prescribed, render to any

pupil or class of pupils such forms of assistance as may be

necessary to enable such pupil or class of pupils to take full

advantage of the educational facilities available;

(g) provide for the granting of scholarships, exhibitions, bursaries

and other financial assistance, including loans for further

education and higher education; and

(h) provide such additional facilities as may be desirable.

PART IV.

THE STATUTORY SYSTEM OF EDUCATION.

Stages of educational system.

18. The educational system of Gibraltar shall be organized in three

progressive stages, to be known as–

(a) primary education;

(b) secondary education; and

(c) further education.

Provision of primary and secondary schools.

19. The Minister shall to the best of his endeavours ensure that there shall be

sufficient schools–

(a) to provide primary education, that is to say, full-time education

for all children between the age of five and twelve;

(b) to provide secondary education, that is to say, full-time

education for all children between the age of twelve and fifteen.

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Powers to establish primary and secondary schools.

20. For the purposes of this Act the Minister may–

(a) establish, maintain, and discontinue primary and secondary

schools; and

(b) assist any school which is not maintained by the Government,

including all independent schools.

Use of school premises.

21. The Director shall ensure that the premises of schools so far as is

possible shall be made available to meet the social, educational, recreational

and vocational needs of the whole community, in so far as such needs do not

interfere with the primary purpose for which such premises are provided.

School committees.

22. (1) There shall be a school committee in respect of every Government

School:

Provided that the Minister may by order place two or more such schools

under the responsibility of one school committee, whether or not such

schools are all primary schools or all secondary schools, or partly primary

and partly secondary.

(2) The provisions of Parts I and III of the Schedule shall have effect

with respect to the constitution and proceedings of school committees.

Appointment, dismissal and transfer of teachers.

23. (1) Subject to the provisions of Chapter VII of the Constitution and the

Public Service Commission Act, no person shall be appointed to be a teacher

on the permanent establishment in Government schools except by the

Minister, and no person shall be dismissed except with the approval of the

Minister.

(2) The Director may in his discretion transfer a teacher between

Government schools provided that such transfer does not involve the teacher

in loss of salary or seniority.

Appointment of headteachers.

24. (1) Subject to the provisions of this Act and any regulations thereunder,

there shall be appointed in respect of each Government school a headteacher

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who shall control the details of the curriculum, management and discipline of

the school and shall supervise the teaching and non-teaching staff thereof.

(2) For the purposes of carrying out his duties a headteacher shall keep

an admission register, a school log book, and such other registers, books and

records as the Director may require or as may be prescribed.

Power of suspension.

25. Subject to such regulations as may be prescribed a headteacher of a

school in the exercise of his disciplinary functions, shall have the power of

suspending pupils from such school for any cause which he considers

adequate, but on taking any such action he shall within three days make a

report thereof to the Director.

Secular instruction in Government schools.

26. (1) In every Government school the secular instruction given to the

pupils shall, save in so far as may be otherwise provided in this Act, be under

the control of the Director.

(2) The power to control the secular instruction provided in any school

shall include power, subject to such regulation as may be prescribed–

(a) to determine the times at which school sessions shall begin and

end in any day;

(b) to determine the times at which the school terms shall begin and

end;

(c) to determine the school holidays; and

(d) to require that pupils in attendance at the school shall attend

any class not conducted on the school premises for the purpose

of receiving instruction or training included in the secular

curriculum of the school.

General duties relating to further education.

27. The Minister shall ensure that there shall be available adequate facilities

for further education, that is to say–

(a) full-time and part-time education for persons over compulsory

school age;

(b) leisure time occupation, in such organized cultural training and

recreative activities as are suited to their requirements for

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persons over compulsory school age who are able and willing to

profit by the facilities provided for that purpose; and

(c) technical and commercial education.

Powers to establish institutions of further education.

28. (1) The Minister may establish and provide for the conduct of such

colleges and other institutions of further education as he may deem

necessary.

(2) Nothing in subsection (1) shall preclude the Minister from providing,

outside institutions of further education, or in association with existing

schools or other educational establishments, such special classes or courses

for persons over compulsory school age as he may deem necessary from time

to time, for the purpose of providing such physical, vocational, recreational

or academic training as will enable them to develop their various aptitudes

and capabilities and will prepare them for the responsibilities of citizenship.

Committees for colleges of further education.

29. (1) There shall be in respect of every college of further education

established under this Act a committee to be responsible for the management

of such college and to advise the Minister on the further education provided

therein.

(2) The provisions of Parts II and III of the Schedule shall have effect

with respect to the constitution and proceedings of any committee for any

college of further education.

Revision of facilities for recreation, etc.

30. (1) It shall be the duty of the Director to secure that the facilities for

primary, secondary and further education include adequate facilities for

recreation and social and physical training and for that purpose the Director

with the approval of the Minister may establish, maintain and manage, or

assist in the establishment, maintenance and management of camps, holiday

classes, playing fields, play centres, youth clubs, youth centres, and other

places (including playgrounds, gymnasiums and swimming baths not

appropriated to any school or college), at which facilities for recreation and

for such training as aforesaid are available for persons for whom primary,

secondary or further education is provided, and may organize games,

expeditions and other activities for such persons, and may defray or

contribute towards the expenses thereof.

(2) The Director in making arrangements for the provision of facilities or

the organization of activities under the powers conferred on him by

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subsection (1) shall, in particular, have regard to the expediency of co-

operating with any voluntary societies or bodies whose objects include the

provision of facilities or the organization of activities of a similar character.

(3) The facilities specified in subsection (1) may include facilities outside

Gibraltar.

PART V.

INDEPENDENT SCHOOLS.

Approval for opening of independent schools.

31. (1) No person shall establish or conduct an independent school unless he

shall first have obtained the approval of the Director.

(2) Any person who intends to establish or conduct an independent

school shall apply in writing to the Director for the approval required by this

section and shall furnish the Director with a statement containing such

particulars relating to the school and to any matter connected therewith as

may be prescribed.

(3) The Director shall not grant approval for the establishment or

conduct of an independent school unless he is satisfied that the following

requirements will be complied with, that is to say–

(a) the school premises shall be suitable for a school;

(b) the school premises shall be adequate and suitable having regard

to the number, ages and sex of the pupils to be accommodated

therein;

(c) efficient and suitable instruction shall be provided at the school,

having regard to the ages and sex of the pupils for whom

instruction is to be provided;

(d) every person engaged in teaching in the school shall be a person

of suitable character, educational qualifications and training,

having regard to the purposes for which he is to be employed;

(e) the need for such school shall be established;

(f) there shall be no unreasonable refusal of admission of pupils to

the school; and

(g) such other requirements as may be prescribed.

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(4) Any person to whom the Director has refused to grant approval for

the establishment or conduct of an independent school may appeal against

such refusal to the Minister, who may confirm the refusal or may direct the

Director to grant the approval for which application was made.

Complaints.

32. (1) If at any time the Director is satisfied that any independent school is

in such condition or is being so conducted that any of the requirements

specified in section 31(3) are not being complied with, he shall serve upon

the proprietor of the school a notice of complaint stating the grounds of

complaint together with full particulars of the matters complained of, and,

unless any of such matters are stated in the notice to be in the opinion of the

Director irremediable, the notice shall specify the measures necessary in the

opinion of the Director to remedy the matters complained of. The proprietor

of such school shall thereupon commence and proceed to complete such

measures in such time as may be reasonable having regard to the measures

required to be taken.

(2) If it is alleged by any notice of complaint served under the provisions

of this section that any person employed as a teacher at the school is not a

proper person to be a teacher in any school, that person shall be named in the

notice and the particulars contained in the notice shall specify the grounds of

the allegation, and a copy of the notice shall be served upon him.

Determination of complaints.

33. (1) Any person upon whom a notice of complaint or a copy of such

notice is served under the provisions of section 32 may, within one month of

such service, appeal therefrom to the Minister, and on any such appeal the

Minister may–

(a) order that the complaint be annulled;

(b) order that the school in respect of which the notice of complaint

was served be closed;

(c) order that the school be closed unless the requirements of the

notice, subject to such modifications, if any, as may be specified

in the order, are complied with to the satisfaction of the

Director before the expiration of such time as may be specified

in the order;

(d) if satisfied that the premises alleged by the notice of complaint

to be unsuitable for use as a school or any part of such premises

are in fact unsuitable for such use, by order disqualify the

premises or part from being so used, or, if satisfied that the

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accommodation provided at the school premises is inadequate

or unsuitable having regard to the number, ages and sex of the

pupils attending the school, by order disqualify the premises

from being used as a school for pupils exceeding such number

or of such age or sex as may be specified in the order; or

(e) if satisfied that any person alleged by the notice of complaint to

be a person who is not proper to be a teacher in any school is in

fact such a person, by order disqualify that person from being a

teacher in any school.

(2) Where a notice of complaint has been served under the provisions of

this Part on the proprietor of any independent school and the proprietor has

not, within one month from such service, appealed therefrom to the Minister,

the Director shall have power to make any order which the Minister would

have had power to make if the proprietor had so appealed:

Provided that, if it was alleged by the notice of complaint that any person

employed as a teacher at the school was not a proper person to be a teacher

in any school and that person has, within one month of the service upon him

of a copy of the notice, appealed therefrom to the Minister, the Director shall

not have power to make an order requiring his dismissal or disqualifying him

from being a teacher in any school.

Removal of disqualifications.

34. (1) If on the application of any person the Director is satisfied that any

disqualification imposed by an order made under this Part is, by reason of

any change of circumstances, no longer necessary, the Director may by order

remove the disqualification.

(2) Any person who is aggrieved by the refusal of the Director to remove

a disqualification so imposed may, within seven days after the refusal has

been communicated to him, appeal to the Minister.

Application of Act to independent schools.

35. The Minister may by order apply the provisions of this Act relating to

compulsory education, medical inspection and treatment of pupils with such

modifications as may be prescribed by such order, to all independent schools

as if such schools were Government schools.

Rights of registered independent schools.

36. Save as provided in this Act, every independent school on the Register

shall have complete control over–

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(a) the secular instruction provided at the school;

(b) the religious instruction provided at the school;

(c) the terms of appointment, conditions of service, and dismissal

of teachers;

(d) the enrolment, promotion and all other matters concerning the

pupils of the school; and

(e) all matters pertaining to the internal organization and discipline

of the school.

Returns.

37. The proprietor of every independent school shall annually, in such form

as may be prescribed, furnish the Minister with a return with such

information regarding the school as may be required by the Minister for the

purposes of this Part.

PART VI.

GRANTS-IN-AID.

Grants-in-aid.

38. (1) Subject to the provisions of this Act, the Government may make

grants from public funds to the proprietor of any independent or special

school to which, in the opinion of the Government, it is proper to make such

a grant.

(2) Every such grant shall be made subject to such conditions as may be

prescribed or be agreed, in relation to any school, with the proprietor of the

school.

(3) A grant made under the provisions of this Part may, in relation to any

school, be a recurrent payment, made at annual or other intervals, for the

maintenance or partial maintenance of the school or may be a single payment

for any specific purpose in connection with the school. Any such grant shall

be of such amount as in the opinion of the Government is sufficient, having

regard to the financial state of the school, to enable the proprietor to comply

with the requirements of the Director.

Registers and accounts.

39. The proprietor of every aided school shall–

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(a) keep such registers and records as may be prescribed or as the

Director may require in relation to any school and produce

them for inspection at any time when called upon by the

Director so to do;

(b) furnish the Director with such information and particulars

relating to the conduct, management, equipment and condition

of the school and school premises, the pupils in attendance

thereat and the teachers employed therein as may be prescribed

or as the Director may require in relation to any school;

(c) keep such accounts and furnish the Director with statements

containing such particulars in regard to the expenditure of

grants made from public funds as the Director may require.

Employment, dismissal and remuneration of teachers.

40. (1) No teacher shall be employed in any aided school or be dismissed

from such employment without the approval of the Director first obtained.

(2) The rate of remuneration paid to any teacher in an aided school shall

be not less than such rate as may be approved by the Director.

PART VII.

RELIGIOUS EDUCATION.

Advisory Council on religious education.

41. (1) There shall be an Advisory Council on Religious Education to advise

the Minister upon matters connected with the religious character of the

schools, religious worship, religious instruction and the provision of lectures

for teachers.

(2) The Advisory Council on Religious Education shall consist of–

(a) the Roman Catholic Bishop of Gibraltar;

(b) the Dean of Gibraltar;

(c) the President of the Jewish Community;

(d) a representative of churches of the Protestant Community,

appointed by the Minister;

(e) three persons appointed by the Roman Catholic Bishop of

Gibraltar.

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(3) In the absence of an ex officio member of the Council, his

representative may attend.

(4) The Director or his representative shall be secretary to the Advisory

Council on Religious Education and shall make such representations to the

Education Council on matters of religious education as the Advisory Council

shall require.

General provisions on religious education.

42. (1) Subject to the provisions of this section, sufficient and suitable

religious education within the school curriculum shall be provided in all

Government schools.

(2) No person shall be appointed to give religious instruction except with

the approval of the Advisory Council and of the head of the religious

denomination of the instruction to be given.

(3) No directions shall be given by the Minister as to secular instruction

to be given to pupils in schools, so as to interfere with the provision of

reasonable facilities for religious instruction and religious worship in the

school in school hours.

(4) If the parent or guardian of any pupil in attendance at any

Government school requests in writing that such pupil be excused from

attendance at religious worship or religious instruction at the school or from

both, then, until the request is withdrawn, the pupil shall be excused from

such attendance accordingly:

Provided that excuse from such attendance shall not alter the pupil’s

liability to come to school at the normal starting time or to remain at school

during normal school hours.

(5) As far as is practicable, every pupil in attendance at any special

school shall attend religious worship and instruction, or shall be withdrawn

from such religious worship and instruction in accordance with the wishes of

his parent or guardian.

Ministers of religion shall be authorized to give religious instruction.

43. (1) The Director in the case of Government schools and the proprietor in

relation to independent schools may (subject to the provisions of section 42)

authorize any minister of religion or other person with suitable teaching

qualifications of the same religious belief appointed by the appropriate

religious authority for the purpose, to give religious instructions in such

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schools at such times and subject to such conditions as shall be mutually

agreed, to pupils in attendance at such schools.

(2) The head of the appropriate religious denomination and his nominee

shall have free access to any school referred to in subsection (1) for all

purposes connected with the supervision of such religious instruction.

Saving as to position of teachers.

44. In accordance with the provisions of Chapter I of the Constitution–

(a) no person shall be disqualified by reason of his religious

opinions, or of his attending or omitting to attend religious

worship, from being a teacher in a Government school, or from

being otherwise employed for the purposes of such a school;

and

(b) no teacher in any Government school shall be required to give

religious instruction or receive any less emolument or be

deprived of or disqualified for, any promotion or other

advantage by reason of the fact that he does or does not give

religious instruction, or by reason of his religious opinion or of

his attending or omitting to attend religious worship.

PART VIII.

SPECIAL EDUCATION.

Education of pupils requiring special educational treatment.

45. The Minister shall make provision for the education of pupils with

physical or mental disabilities in special schools, either within or outside

Gibraltar or, where the disability is not serious, in a Government school, in

the house of the pupils, or in hospital, or in such other place as may be

prescribed or as may be approved by the Minister, and such pupils if of

compulsory school age as hereinafter defined shall be subject to the

provisions of Part IX unless the Director of Medical and Health Services has

certified to the Director that in the interest of the pupil he shall not be so

subject or in such other cases as the Director may think fit.

Reception in Government schools.

46. In cases where facilities for special educational treatment do not exist,

the Government shall not be obliged to accept into any Government school a

pupil with a disability of body or mind, where the acceptance of such pupil

would, in the view of the Director, adversely affect the education of other

pupils in attendance at the school.

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Director to ascertain what children require special educational

treatment.

47. (1) The Director shall ascertain what children require special educational

treatment, and, for the purpose of fulfilling that duty, any officer of the

Department may by notice in writing served upon the parent of any child

who has attained the age of five years require him to submit the child for

examination by a Government medical officer for advice as to whether the

child requires such special educational treatment.

(2) A parent upon whom such notice is served who fails without

reasonable excuse to comply with the requirements thereof, is guilty of an

offence and is liable on summary conviction to a fine of £10.

(3) If the parent of any child who has attained the age of five years

requests the Director to cause the child to be so medically examined as

aforesaid, the Director shall comply with the request unless in the opinion of

the Director the request is unreasonable.

(4) Before any child is medically examined under subsection (1) or (3)

the Director shall cause notice to be given to the parent of the time and place

at which the examination will be held, and the parent shall be entitled to be

present at the examination if he so desires.

Director to publicize provisions of this Part.

48. It shall be the duty of the Director from time to time to disseminate

information as to the educational importance to any child suffering from

disability of mind or body of the early ascertainment of his disability, and of

the opportunity for medical examination available under this Part.

PART IX.

COMPULSORY EDUCATION.

Compulsory school age.

49. In this Part “compulsory school age” means any age between five years

and fifteen years, and accordingly a person shall be deemed to be of

compulsory school age if he has attained the age of five years and has not

attained the age of fifteen years and a person shall, subject to the provisions

of section 2(4), be deemed to be over compulsory school age as soon as he

has attained the age of fifteen years:

Provided that if the Minister is satisfied–

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(a) that it has become practicable to raise to sixteen years the upper

limit of the compulsory school age, he may by order direct that

the foregoing provisions of this section shall have effect as if for

references therein to the age of fifteen years, there were

substituted references to the age of sixteen years;

(b) that it has become practicable to lower to four years the lower

limit of the compulsory school age, he may by order direct that

the foregoing provisions of this section shall have effect as if for

references therein to the age of five years, there were

substituted references to the age of four years.

Duty of parents to secure the education of their children.

50. Subject to the provisions of section 73 it shall be the duty of the parent

of every child of compulsory school age residing in Gibraltar, to cause him to

receive efficient full-time education which, in the opinion of the Director, is

suitable to his age, ability and aptitude, either by regular attendance at school

or otherwise.

School attendance orders.

51. (1) If it appears to the Director that the parent of any child of

compulsory school age is failing to perform the duty imposed on him by

section 50, the Director may serve upon the parent a notice requiring him,

within such time as may be specified in the notice, not being less than

fourteen days from the service thereof, to satisfy the Director that the child is

receiving efficient full-time education suitable to his age, ability and aptitude

either by regular attendance at school or otherwise.

(2) If after such notice has been served upon a parent by the Director,

the parent fails to satisfy the Director in accordance with the requirements of

the notice that the child to whom the notice relates is receiving efficient full-

time education suitable to his age, ability and aptitude, then, if in the opinion

of the Director it is expedient that he should attend school, the Director shall

serve upon the parent an order in the prescribed form (hereinafter referred to

as a “school attendance order”) requiring him to cause the child to become a

registered pupil at a school named in the order.

(3) If, at any time while a school attendance order is in force with respect

to any child, the parent of the child makes application to the Director

requesting that another school be substituted for that named in the order, or

requesting that the order be revoked on the ground that arrangements have

been made for the child to receive efficient full-time education suitable to his

age, ability and aptitude, otherwise than at school, the Director shall amend

or revoke the order in compliance with such request unless he is of opinion

that the proposed change of school is unreasonable or inexpedient in the

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interests of the child, or that no satisfactory arrangements have been made

for the education of the child otherwise than at school, as the case may be.

(4) A person upon whom a school attendance order is served, and who

fails to comply with the requirements of the order, is guilty of an offence

against this section unless he proves that he is causing the child to receive

efficient full-time education suitable to his age, ability and aptitude otherwise

than at school.

(5) If in any proceedings against any person for failure to comply with a

school attendance order that person is acquitted, the court may direct that

the school attendance order shall cease to be in force, but without prejudice

to the duty of the Director to take further action under this section if at any

time the Director is of opinion that, having regard to any change of

circumstances, it is expedient so to do.

(6) Save as provided by subsection (5) a school attendance order made

with respect to any child shall, subject to any amendment thereof which may

be made by the Director, continue in force so long as the child is of

compulsory school age unless revoked by the Director.

Duty of parents to secure regular attendance of registered pupils.

52. (1) If any child of compulsory school age who is a registered pupil at a

school fails to attend regularly thereat, the parent of the child is guilty of an

offence against this section.

(2) In any proceedings for an offence against this section in respect of a

child who is not a boarder at the school at which he is a registered pupil, the

child shall not be deemed to have failed to attend regularly at the school by

reason of his absence therefrom with leave or–

(a) at any time when he was prevented from attending by reason of

sickness or any unavoidable cause; or

(b) on any day exclusively set apart for religious observance by the

religious body to which his parent belongs.

(3) In any proceedings for an offence against this section in respect of a

child who is a boarder at the school at which he is a registered pupil, the

child shall be deemed to have failed to attend regularly at the school if he is

absent therefrom without leave during any part of the school term at a time

when he was not prevented from being present by reason of sickness or any

unavoidable cause.

(4) In this section the expression “leave” means, in relation to any

independent or aided school, leave granted by any person authorized in that

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behalf by the managers, governors or proprietor of the school and, in relation

to any Government school, leave granted by any person so authorized by the

Director.

Penalties.

53. A person guilty of an offence against section 51 or 52 is liable on

summary conviction, in the case of a first offence to a fine of £5, in the case

of a second offence to a fine of £10, and in the case of a third or subsequent

offence to imprisonment for one month and to a fine of £20.

Measures for the education of EEA nationals

Education and integration of EEA workers’ children.

53A.(1) For the purpose of facilitating the initial reception of a child, the

Director shall ensure that free tuition, including in particular English

language tuition, is made available to that child where the following

conditions are met−

(a) the child is of compulsory school age;

(b) the child is resident in Gibraltar; and

(c) the child is the dependant of an EEA national who is a worker,

within the meaning given in Article 45 of the Treaty on the

Functioning of the European Union.

(2) Tuition offered under subsection (1) shall be adapted to the specific

needs of the child.

(3) Teachers providing tuition offered under subsection (1) shall be

provided with adequate training.

Teaching of country of origin language and culture.

53B. Where section 53A applies to a child, the Director shall, in co-

operation with the relevant authorities in the child’s country of origin, take

measures to promote the teaching of the language and culture of the country

of origin.

Reports to the Commission.

53C. The Minister shall ensure that the European Commission is provided

with any relevant information it requests on the application of Council

Directive 77/486/EEC.

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PART X.

HEALTH.

Medical inspection.

54. (1) It shall be the duty of the Director, in conjunction with the Public

Health Director, to arrange for the free medical inspection at regular

intervals of pupils in attendance at all schools.

(2) For the purpose of ensuring such medical inspection the Director or

any officer authorized by him in that behalf may, by notice in writing, require

the parent of any pupil in attendance at any school to submit the pupil for

medical inspection in accordance with arrangements made or approved by

the Director and the Director may require any pupil in attendance to submit

to such inspection.

(3) The proprietor of every independent school shall make such

arrangements as the Director may require for enabling pupils in attendance at

the school to receive free medical inspection.

(4) A person who fails without reasonable excuse to comply with any

requirement made under this section is guilty of an offence and is liable on

summary conviction to a fine of £5.

Treatment.

55. (1) The Director may arrange, in so far as resources permit, for free

dental and ophthalmic treatment for pupils in attendance at every

Government school.

(2) If the parent of any pupil gives to the headteacher of a Government

school notice that he objects to the pupil availing himself of such free dental

or ophthalmic treatment provided in pursuance of this section the pupil shall

not be encouraged or assisted to do so.

Power to ensure cleanliness.

56. (1) The Director may, with the concurrence of the Public Health

Director, by directions in writing issued with respect to all schools, authorize

a registered medical practitioner appointed by the Authority to cause

examinations of the persons and clothing of pupils in attendance at such

schools to be made whenever in the Director’s opinion such examinations are

necessary in the interests of cleanliness.

(2) If the person or clothing of any pupil is found upon any examination

made under subsection (1) to be infested with vermin or in a foul condition,

the Director or any officer authorized by him in that behalf may serve upon

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the parent of the pupil a notice requiring him to cause the person and

clothing of the pupil to be cleansed within twenty four hours.

(3) A parent who fails without reasonable excuse to comply with a notice

under subsection (2) is guilty of an offence and is liable on summary

conviction to a fine of £5.

(4) Where any public officer suspects that the person or clothing of any

pupil in attendance at a school is infested with vermin or in a foul condition,

and action for the examination thereof cannot immediately be taken, he may,

in the interests of the pupil or of the other pupils in attendance at the school,

with the approval of the Director, direct that the pupil be excluded from the

school until such action is taken.

(5) No girl shall be examined under the powers conferred by this section

save by a duly qualified medical practitioner or by a woman authorized for

that purpose by the Public Health Director.

Power to close schools in interests of public health.

57. The Minister, if he is satisfied that it is in the interest of public health,

may by order, close all schools specified in such order, as he may deem

necessary.

Entry into school prohibited because of notifiable disease.

58. (1) Any person having the care of a pupil who is, or has been suffering

from, or has been exposed to infection of, a notifiable disease and the

headteacher of the school attended by such pupil shall not, after receiving

notice from the Public Health Director or from a duly qualified medical

practitioner that the pupil is not to be sent to school, permit the pupil to

attend school, until he has obtained from the Public Health Director a

certificate, (for which no charge shall be made) that in his opinion the pupil

may attend school without undue risk of communicating the disease to

others.

(2) A person who contravenes the provisions of this section is guilty of

an offence and is liable on summary conviction to a fine of £5.

Directions as to notifiable diseases.

59. The headteacher of a school in which any pupil is suffering from a

notifiable disease shall, if required by the Public Health Director, furnish to

the Public Health Director within a reasonable time fixed by him a complete

list of the names and addresses of the pupils not being boarders, in or

attending the school, or any specified class or department of the school.

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PART XI.

EMPLOYMENT AND WELFARE.

Application.

60. The provisions of this Part shall apply–

(a) to persons under the age of eighteen years;

(b) to persons of or over the age of eighteen years who are

attending full or part-time education.

Interpretation.

61. In this Part–

“employment” includes full and part-time employment as a servant or

apprentice by way of manual labour, clerical work or otherwise

whether or not such servant or apprentice receives any reward or

other remuneration for his services.

Employment of children.

62. No child shall be employed without the written consent of the Director

who shall in all cases consult the parent of such child and, where the child is

a registered pupil, the headteacher of the school attended by such child

before granting or withholding such consent.

Power of Director to prohibit or restrict employment of children.

63. (1) If it appears to the Director that any child who is a registered pupil at

a Government, independent or special school, is being employed in such

manner as to be prejudicial to his health, or otherwise to render him unfit to

obtain the full benefit of the education provided for him, the Director may,

by notice in writing served upon the employer, prohibit him from employing

the child, or impose such restrictions upon his employment of the child as

appears to him to be expedient in the interests of the child.

(2) The Director may, by notice in writing served upon the parent or

employer of any child who is a registered pupil at a Government,

independent or special school, require the parent or employer to provide the

Director or any officer specified in such notice, and within such period as

may be specified in the notice, with such information as appears to the

Director to be necessary for the purpose of enabling him to ascertain whether

the child is being employed in such a manner to render him unfit to obtain the

full benefit of the education provided for him under this Act.

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(3) A person who employs a child in contravention of any prohibition or

restriction imposed under subsection (1) or who fails to comply with the

requirement of a notice served under subsection (2), is guilty of an offence

and is liable on summary conviction to a fine of £50, and in the case of a

second or subsequent offence, to a fine of £100 and to imprisonment for one

month.

Effect of school attendance orders on computation of working hours.

64. (1) Where a young person is employed in any employment with respect

to which a limitation upon the number of working hours during which he

may be employed in that employment (otherwise than by way of overtime) in

any week is imposed by or under any enactment, any period of attendance at

a school between the hours of 8 a.m. and 5 p.m., shall for the purposes of the

limitation, be deemed to be time during which he has been so employed in

that week.

(2) Where a young person employed in any employment is entitled by or

under the provisions of any enactment or of any agreement to overtime rates

of pay in respect of any time during which he is employed in that

employment on any day or in any week in excess of any specified number of

hours or before or after any specified hour, any period of attendance at

school during a week or on a day shall for the purposes of those provisions,

be deemed to be a period during which he was employed in that employment

otherwise than in excess of the specified number of hours, or otherwise than

before or after the specified hour, as the case may be.

Establishment of Youth Employment and Welfare Council.

65. (1) For the purpose of facilitating the establishment of a comprehensive

youth employment and welfare service, the Director may, with the approval

of the Minister, make arrangements for the performance of any of his

functions under this Act in relation to persons to whom this Part applies

through the Youth Employment and Welfare Council which shall consist of

such persons as may be appointed by the Minister.

(2) The Director or a person authorized by him shall be the Executive

Officer of the Youth Employment and Welfare Council.

Training and employment of young persons suffering from disabi1ity of

mind or body.

66. If under Part VIII it is found that a young person is in need of special

training in order to fit him into employment the Director shall so far as

resources permit provide such training and make arrangements for his

subsequent employment.

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Duties of employers.

67. (1) No employer shall employ any young person without first consulting

the Director or other authorized officer of the Department.

(2) The employer of any young person shall within seven days of the

engagement of such person in his employment given notice thereof in writing

to the Director and such notice shall contain–

(a) the age of the young person;

(b) the full name and address of the young person and employer;

(c) the date of commencement of employment

(d) the nature of employment in which and place at which the

young person is employed;

(e) the hours and time of employment;

(f) the days, not exceeding five and a half, on which the young

person is to be employed each week; and

(g) the rate of remuneration per hour.

(3) A person who contravenes the provisions of subsection (1) is guilty

of an offence and is liable on summary conviction to a fine of £50.

Powers of Director and right of appeal.

68. (1) If it appears to the Director after taking all relevant facts into

consideration including age, nature of work and hours of employment per

day that a child or young person in employment for which no statutory

minimum wage has been prescribed is not being remunerated by his employer

at a rate per hour which is fair and reasonable by comparison with prevailing

rates of remuneration generally observed by good employers, he shall be

empowered to fix a minimum rate of remuneration per hour as he considers

fair and reasonable for the work in question and age of the child or young

person employed and shall inform the employer in writing thereof and the

employer in question shall be bound to pay the rate so fixed, subject to a

right of appeal within seven days to the Director of Labour and Social

Security whose decision as to the rate of remuneration appropriate in each

one case shall be final.

(2) An employer who employs a child or young person at an hourly

remuneration less than that fixed by the Director in the exercise of his

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powers under this section, or by the Director of Labour and Social Security

on appeal, is guilty of an offence and is liable on summary conviction to a

fine of £50.

Powers of inspection.

69. (1) The Principal Youth and Careers Officer and any other officer so

appointed in that behalf by the Minister shall be inspectors for the purpose of

this Act.

(2) Inspectors appointed shall be furnished with a certificate of

appointment signed by the Director which shall be produced when required.

(3) Inspectors so appointed shall, for the purpose of ascertaining whether

the provisions of this Act are being or have been complied with, have and

may exercise the powers conferred on an inspector by section 17 of the

Employment Act 1 , and such powers may be enforced in accordance with that

section.

(4) Inspectors so appointed–

(a) shall be prohibited from having any direct or indirect interest in

any premises or places which may be subject to inspection by

them;

(b) shall not reveal at any time even after ceasing to be inspectors

any manufacturing or commercial secrets or working processes

which may come to their knowledge in the course of their

duties;

(c) shall treat as confidential the source of any complaint bringing

to their notice a defect or a breach of the provisions of this Act

or of any regulations or orders thereunder or of any recognised

conditions of employment; and

(d) shall not in any case give intimation to the employer or his

representative that a visit of inspection was made as a

consequence of the receipt of such a complaint.

Legal proceedings.

70. The Principal Youth and Careers Officer or any inspector if so authorized

in writing under the hand of the Attorney-General, may prosecute, conduct

or defend before the magistrates’ court any information, complaint or other

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proceeding arising under this Part or in the discharge of his duty as an

inspector.

Application of Social Security (Employment Injuries Insurance) Act.

71. Notwithstanding anything contained in section 4 of the Social Security

(Employment Injuries Insurance) Act 2 the provisions of that Act shall apply

mutatis mutandis to persons under the age of fifteen years in insurable

employment.

Saving.

72. The provisions of this Part shall be in addition to and not in substitution

for any enactment relating to the employment of children and young persons

or for giving effect to any international convention regulating employment.

PART XII.

MISCELLANEOUS.

Fees.

73. (1) Subject to subsection (2A) no fees shall be charged either for

admission to Government schools or for education provided in such schools

in respect of any child of compulsory school age residing in Gibraltar.

(2) For the purpose of subsection (1) a child shall be deemed to be

residing in Gibraltar only if he is in Gibraltar under the provisions of the

Immigration, Asylum and Refugee Act or the Temporary Protection Act

2005, and–

(i) does not require a permit or certificate to reside in Gibraltar;

(ii) has a certificate of permanent residence;

(iii) has a valid permit of residence issued under section 18(1)(f) of

the Immigration, Asylum and Refugee Act;

(iv) has, or is entitled to, a permit of residence under the Temporary

Protection Act 2005;

(v) is an applicant or dependant family member of an applicant

under the Asylum Regulations 2008; or

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(vi) has refugee status or subsidiary protection status under the

Asylum Regulations 2008.

(2A) Except as otherwise provided in regulations, subsection (1) shall not

apply in respect of any child where–

(a) any natural or adoptive parent of the child, being in either case a

person who is entitled to the legal custody of the child, or

would be if that parent asserted his rights, is living; and

(b) no such parent as is described in paragraph (a) is ordinarily

resident in Gibraltar (whether or not he is a parent resident in

Gibraltar within the meaning of subsection (2)).

(2B) For the purposes of subsection (2A)–

(a) where any natural or adoptive parent of a child is living, but

does not have the legal custody of the child, it shall be

presumed unless the contrary is proved by that parent that the

parent is entitled to the legal custody of the child, or would be if

the parent asserted his rights; and

(b) where a natural or adoptive parent of a child, being a person to

whom any of paragraphs (i) to (iv) of subsection (2) applies, has

in any year resided outside Gibraltar for any period or periods

exceeding in the aggregate 3 months, it shall be presumed until

the contrary is proved by that parent that he is not ordinarily

resident in Gibraltar during that year.

(2C) Regulations may provide for exceptions from subsection (2A).

(2D) Subsection (2A) does not apply where the child is an unaccompanied

minor as defined in the Asylum Regulations 2008.

(3) There may be charged in respect of children above compulsory

school age who attend any scheme of further education or any part time class

or course provided under this Act such fees as may be prescribed under

section 82.

General power of inspection of schools.

74. (1) It shall be lawful for the Director or any person thereto authorized by

him to enter the premises of any school at any reasonable time for the

purpose of making any inspection or inquiry for any of the purposes of this

Act.

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(2) Every proprietor of and teacher employed in a school shall, when so

required by the Director or any person authorized by him, furnish the

Director or such person with all such information as may be necessary for the

purpose of any inspection or inquiry which the Director or such person is by

this Act authorized or required to make.

Inspection of Government Schools.

75. (1) It shall be the duty of the Director to cause inspections to be made of

all Government schools and such inspections shall be carried out in such

manner and at such intervals as the Director may decide.

(2) The Director may cause inspection to be made of schools registered

under the provisions of this Act, and such inspection shall (unless the

Minister otherwise directs) be carried out not more frequently than once

every six months and due notice thereof shall be given to such schools, and

shall not (save with the agreement of the proprietor) be less than three days.

A copy of any report thereon shall be supplied on request to the proprietor

of any such school.

Powers of Minister as to educational research.

76. The Minister shall make provision for conducting or assisting the

conduct of research as appears to him to be desirable for the purpose of

improving the educational facilities in Gibraltar.

Power of the Director as to educational conferences.

77. Subject to any directions of the Minister the Director may organize or

participate in the organization of conferences in Gibraltar or elsewhere for

the discussion of questions relating to education, and for such purpose may

expend such sums as may be reasonable in paying or contributing towards

any expenditure incurred in connection with conferences for the discussion of

such questions, including the expenses of any person authorized by the

Department to attend any such conference.

Power to accept gifts for educational purposes.

78. The Director shall on behalf of the Government have the power to accept

gifts for educational purposes and to accept, hold and administer any

property upon trust for purposes connected with education and recreation.

Reports and returns.

79. The Director shall render the Minister such reports and returns and give

to him as much information as he may require for the purpose of the exercise

of his functions under this Act.

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Information relating to births and deaths.

80. The Registrar of Births and Deaths shall supply to the Director such

particulars of the entries contained in any register kept by him under the

Births and Deaths Registration Act 3 , as the Director may require for the

purposes of this Act.

Provision as to transport.

81. The Minister may make arrangements for the provision of transport as he

considers practicable and necessary for the purpose of facilitating the

attendance of pupils at schools and other establishments maintained by the

Government. Transport provided in pursuance of such arrangements may be

provided free of charge or be subject to such charges as may be prescribed.

Regulations.

82. (1) The Minister may make regulations for carrying the provisions of this

Act into effect and without prejudice to the generality of this provision by

such regulations may provide for–

(i) the structure, hygienic character and sanitation of schools and

school premises;

(ii) the precautions to be taken against fire or other peril likely to

endanger the lives or health of the pupils, and such regulations

may authorize officers of the City Fire Brigade to enter and

inspect school premises and buildings in which schools are

situate and premises in the neighbourhood thereof;

(iii) schools operated in premises which are, by reason of their

design and construction, unsuitable for the purposes of a

school;

(iv) the health inspection of schools and school premises;

(v) the medical examination of teachers and pupils, and standards

of medical fitness for teachers;

(vi) the temporary exclusion from any school of any teacher or pupil

and any other measures necessary or desirable to preserve the

health and well-being of teachers and pupils;

(vii) the size of classes;

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(viii) the control of instruction given in schools and the preparation

and contents of the syllabus to be used in any school or schools;

(ix) the control of the activities of teachers, pupils and other persons

in schools;

(x) the adequacy, standards, suitability and use of school

equipment, school laboratories and workshops;

(xi) the method and hours of instruction;

(xii) holidays;

(xiii) the control of the use to which school premises may be put and

of the persons who may enter thereon;

(xiv) the functions and powers of the Education Council, school

committees and committees of colleges of further education;

(xv) subject to the provisions of Chapter VII of the Constitution and

the Public Service Commission Act–

(a) the constitution, functions, powers and organization of

the work of departmental selection boards;

(b) the manner in which the functions of such boards are to

be performed and the keeping of records and minutes of

the proceedings thereof;

(c) the duties and responsibilities of such boards, including

the delegation to any member of a board of the board’s

powers or duties;

(d) consultation by such boards with persons other than its

members;

(e) the procedure to be followed by such boards in

conducting their business, including the fixing of a

quorum;

(f) any other matters necessary or expedient for the better

performance of the functions of such boards;

(xvi) the setting-up of a system of vocational guidance in

Government secondary schools and the establishment,

maintenance, inspection and disclosure of such educational

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attainments and aptitudes of the persons to whom they relate as

may be necessary for the purpose of enabling appropriate advice

and assistance to be given to such persons;

(xvii) the inspection and destruction, after such periods as may be

prescribed, of records, registers and other documents

maintained under this Act;

(xviii) the powers of persons appointed as inspectors under this Act;

(xix) the definition of the categories of pupils requiring special

educational treatment, the methods appropriate for the

education of pupils of each category, and the ages up to which

such special educational treatment shall be provided;

(xx) the particulars to be furnished for the register and the procedure

on the registration thereof, the notification to the Registrar of

any changes in such particulars and the circumstances in which

any such school shall be deleted from the register;

(xxi) the maximum hours and days of work of children and young

persons;

(xxii) the forms for any applications, certificates, registers, records,

returns, particulars, accounts, notices and orders authorized or

required by this Act to be kept, furnished or served;

(xxiii) the procedure by which a child may become a registered pupil

and may be withdrawn from school at which he is a registered

pupil;

(xxiv) the procedure for and conditions of admission of a child to an

aided school;

(xxv) the arrangements to be made by the proprietor’s and head

teachers of aided schools in connection with the medical

inspection and treatment of pupils;

(xxvi) the inspection of any register authorized or required by this Act

to be kept and for enabling or requiring extracts therefrom to be

taken for the purposes of this Act;

(xxvii) the requiring of headteachers of schools to sign and furnish to

the Director any certificate required by him for the purposes of

this Act;

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(xxviii) the maintenance of discipline in Government schools, including

the punishment of pupils therein and the suspension and

expulsion of pupils therefrom;

(xxix) the appointment of governing bodies in relation to aided schools

and for the functions and duties thereof;

(xxx) the keeping and production to the Director or other prescribed

authority of school registers, records, time-tables, books of

account and other documents;

(xxxi) the amount and method of payment of any fees or other

charges;

(xxxii) the procedure, term of office and conditions of retirement of

members of the Education Council;

(xxxiii) the maintenance, government and conduct of institutions of

further education, and the education to be given therein;

(xxxiv) general matters of school administration;

(xxxv) the control of entrances to and exits from school premises;

(xxxvi) the qualifications of registered teachers, unregistered teachers

and those that shall be held by teachers of various classes and

subjects;

(xxxvii) the appointment, constitution and functions of any advisory

committee or committees appointed to advise on the

remuneration of teachers;

(xxxviii) discipline in schools and the methods of enforcement thereof

and the conduct and dress of teachers and pupils;

(xxxix) the amendment of the schedules;

(xl) generally in relation to any matter of education, whether similar

or not to those mentioned in this subsection, as to which it may

be convenient to make regulations;

(xli) the award of scholarships and matters related thereto;

(xlii) prescribing anything which is by this Act required or authorized

to be prescribed;

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(xliii) any contravention of a regulation made under this section being

a summary offence and for a maximum penalty not exceeding a

fine of £100 on conviction for any such offence.

(1A) Without prejudice to subsection (1), the Minister may make

regulations providing for, regulating and financing training of persons

employed or desirous of being employed and such regulations may–

(a) make different provision in respect of training of different kinds

or for different categories of persons;

(b) impose a levy on employers or on any description of employers

as may be specified in such regulation for the purpose of

financing such training and such regulation may make provision

for determination of appeals made against the imposition of

such levy;

(c) appoint persons to be responsible for providing and regulating

training in accordance with such regulations, including the

collection of and accounting for any levy imposed in accordance

with subparagraph (b);

(d) prescribe the terms under which a person undergoing training of

a particular kind shall be employed by an employer and the

application to such person of legislation relating to social

security contributions;

(e) establish and administer tests of achievement, competence or

skill in relation to training undertaken under the provisions of

such regulations;

(f) appoint a person to be the competent authority in Gibraltar in

respect of the establishment or recognition of standards of

training, competence or qualification in accordance with the

provisions of legislation of the European Community dealing

with such matters:

Provided that in relation to any particular skill, trade or profession, some

other body is not charged with such competence under any other Act.

(2) Any regulation made under this section may provide that acts shall

only be performed if the Director consents thereto, and may prohibit the

performance of acts without the consent of the Director, and may authorize

the Director to require acts to be performed or to prohibit their performance,

and may require acts to be done to the satisfaction or with the approval of

the Director.

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(3) The Director may in respect of any particular school by notice in

writing to the school committee or headteacher thereof waive or modify the

requirements of any regulation, for such period and upon such conditions as

he may think fit, if he is satisfied that compliance therewith is undesirable or

impracticable in such school.

(4) All regulations made under this section shall be laid before the

Parliament at the meeting thereof commencing next after such regulations

have been made.

Offences and penalties.

83. Any person who–

(a) obstructs or resists the Director or any person duly authorized

by or under this Act in the carrying out of any inspection or

inquiry which the Director or such person is authorized or

required by this Act to make;

(b) in furnishing any information or particulars which he is required

by this Act to furnish to the Director, makes any statement

which he knows to be false in a material particular or recklessly

makes any statement which is false in a material particular;

(c) neglects or refuses to furnish any information or particulars

which he is required by this Act to furnish;

(d) establishes an independent school, or conducts any such school

without having first obtained the approval required by section

31(1);

(e) conducts an independent school which has been ordered under

any of the provisions of section 33 to be closed;

(f) uses any premises for purposes for which they are disqualified

by virtue of any order made under Part V;

(g) accepts or endeavours to obtain employment as a teacher in any

school while he is disqualified from being so employed by virtue

of any order made under Part V;

(h) knowingly employs any person as a teacher in any school while

such person is disqualified from being so employed by virtue of

any order made under Part V; or

(j) being the proprietor of an independent school or aided school

fails to keep the register of pupils which he is required by

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section 13 to keep or fails to enter in the register anything

which he is so required to enter therein,

is guilty of an offence and is liable on summary. conviction to a fine of £100

or in the case of a second or subsequent conviction to imprisonment for three

months and to a fine of £250.

Provisions as to evidence.

84. (1) Where in any proceedings under this Act the person by whom the

proceedings are brought alleges that any person whose age is material to the

proceedings is under, of, or over, any age, and satisfies the court that having

used all reasonable diligence to obtain evidence as to the age of that person

he has been unable so to do, then, unless the contrary is proved, the court

may presume that person to be under, of, or over, the age alleged.

(2) In any legal proceedings–

(a) a certificate giving particulars of the attendance of a child at a

school and signed by the headteacher of the school; or

(b) an extract from any register kept by the Director under the

provisions of this Act certified as correct and signed by the

Director,

shall be received in evidence and shall, unless the contrary is proved, be

deemed to be the document which it purports to be, and to have been signed

by the person by whom it purports to have been signed, without proof of his

identity, signature, or official capacity, and shall be evidence of the matters

therein stated.

Service of notices.

85. Any notice authorized or required by this Act to be served upon any

person may be served by delivering it to that person or by leaving it at his

usual or last known place of residence or by sending it by pre-paid post to his

usual or last place of residence.

Saving as to persons of unsound mind and persons detained by order of

a court.

86. (1) No power or duty conferred or imposed by this Act on the Director

or on parents shall be construed as relating to any person who is–

(a) being detained in pursuance of an order made by any court;

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(b) the subject of a reception order or inquiry under the Mental

Health Act 4 ;

(c) being detained as a criminal person of unsound mind or in

pursuance of a warrant issued under section 250 of the Criminal

Procedure Act; or

(d) a child as to whom the Director is satisfied after due inquiry

that the child is suffering from a disability of mind of such a

nature or to such an extent as to make him incapable of

receiving education at school.

(2) For the purposes of this section, a child shall be deemed to be

suffering from a disability of mind of such a nature and extent as to make him

incapable of receiving education at school not only if the nature and extent of

his disability are such as to make him incapable of receiving education, but

also if they are such as to make it inexpedient that he should be educated in

association with other children either in his own interests or in theirs.

PART XIII.

TRANSITIONAL AND REPEAL.

Transitional provisions.

87. Omitted.

Saving.

88. Omitted.

Repeal.

89. Omitted.

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SCHEDULE

PART I.–SCHOOL COMMITTEE.

Section 22(2)

Constitution of School Committee.

1. A school committee (hereinafter called “the Committee”) shall consist of

not less than seven persons selected for their interest in and knowledge of

education, and shall be appointed by the Minister as follows;–

(a) one member shall be appointed after consultation with–

(i) in the case of a school in which the pupils are

predominantly of the Roman Catholic faith, the Bishop;

(ii) in the case of a school in which the pupils are

predominantly of another faith, the local head of that

faith;

(b) not less than four members, not less than half of whom shall

represent the parents or guardians of pupils attending the

school;

(c) the headteacher or headteachers of the school;

(d) one member (not being a member of the staff of the school)

appointed after consultation with any association representative

of the teachers of Gibraltar.

Secretary.

2. The Director or his nominee shall be secretary to the Committee.

Term of office.

3. The members of the Committee (other than ex officio members) shall

hold office for three years, and shall be eligible for re-appointment.

Termination of appointment.

4. The Minister may in his discretion terminate the appointment of any

member of the Committee other than an ex officio member.

Vacancy.

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5. The powers of the Committee may be exercised notwithstanding any

vacancy in their number.

Procedure.

6. The committee may, subject to such regulations as may be prescribed,

make standing orders regulating their own procedure.

PART II.

COMMITTEE FOR COLLEGE OF FURTHER

EDUCATION.

Section 29(2)

Constitution of committee of College of Further Education.

1. (1) The committee of the College of Further Education (hereinafter

called “the Committee”) shall consist of not less than ten persons selected for

their interest in and knowledge of education and shall be constituted as

follows:–

(a) the Director of Education or his nominee, who shall be the

Chairman;

(b) persons appointed by the Minister from within persons, groups

or organisations having an interest in the advancement and

promotion of further education.

Members of the Committee not to be financially interested in the

college.

(2) No member of the Committee shall hold any financial interest in the

college or receive remuneration for his services, or be financially interested in

the supply of work or goods to or for the purpose of the college.

Persons ineligible to be members of the Committee.

(3) No parent, brother, sister, husband or wife of a member of the staff

of the college shall be eligible to be a member.

Term of office.

2. The members of the Committee (other than the ex officio member) shall

hold office for two years, and shall be eligible for re-appointment.

Termination of appointment.

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3. The Minister may in his discretion terminate the appointment of any

member of the Committee other than the ex officio member.

Vacancy.

4. The powers of the Committee may be exercised notwithstanding any

vacancy in their number.

Procedure.

5. The committee may, subject to such regulations as may be prescribed,

make standing orders regulating their own procedure.

Secretary.

6. The Principal of the College or his nominee shall be secretary to the

Committee.

PART III.

MANAGEMENT OF SCHOOLS AND

COLLEGES.

Sections 22(2) and 29(2)

A: INSTRUMENT OF MANAGEMENT.

Interpretation.

1. In this Schedule–

“Committee” means the Committee established under section 22 or 29 of

the Act;

“members” includes the chairman of the Committee save where reference

is made specifically to the chairman.

Determination of membership of the Committee.

2. Any member of the Committee who is absent from all meetings of the

Committee during a period of one year, or who in the opinion of the Minister

is incapacitated from acting, or who communicates in writing to the secretary

to the Committee a wish to resign, shall thereupon cease to be a member.

Vacancies.

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3. Every vacancy shall be notified to the Minister by the Director as soon as

possible.

Summoning of meetings.

4. Meetings of the Committee, which shall be held not less than once in every

school term, shall normally be summoned by the secretary to the Committee,

who shall give the members not less than fourteen clear days notice of such

meetings. The secretary to the Committee shall also send to each member an

agenda paper, so that it may in the ordinary course of letter post be delivered

at the address of each member not less than two clear days before the time of

meetings.

Quorum.

5. No business shall be transacted at any meeting of the Committee unless at

least three members are present.

Adjournment of meetings.

6. If a sufficient number of members to form a quorum is not present, the

meeting shall stand adjourned, and the chairman of the Committee shall, if he

thinks fit, cause a special meeting to be summoned as soon as conveniently

may be done. Any meeting may be adjourned by resolution.

Special meetings.

7. A special meeting may be summoned by the secretary to the Committee at

the instance of the chairman or at the request of any two members at any

time, giving not less than three clear days notice of such meeting. The

agenda paper shall set out the business to be considered at the special

meeting and no business other than that so specified shall be taken.

Validity of meetings and proceedings.

8. The proceedings of the Committee shall not be invalidated by any vacancy

in their number or by any defect in the election, appointment or qualification

of any member. Want of service of notice of a meeting on any member shall

not affect the validity of a meeting.

Chairman.

9. (1) The head teacher shall be the chairman of the Committee unless he

shall signify that he does not wish to be chairman in which case the

Committee shall at their first ordinary meeting in each year elect from their

members a chairman for the ensuing year. A chairman shall be eligible for re-

election.

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(2) In the event of the death, resignation or cessation of membership for

any reason of an elected chairman a new chairman shall be elected at the next

meeting thereafter.

(3) If the chairman is absent from any meeting, whether of a school or a

college, the members present shall before any other business is transacted,

choose one of their members to be chairman for such meeting.

Proceedings of the Committee.

10. A question coming before the Committee at any meeting shall be decided

by a majority of the members present, and in the case of any equality of

votes, the chairman of the meeting shall have a second or casting vote.

Minutes.

11. At every meeting of the Committee the minutes of the last meeting shall

be read as first business, and, if carried, shall be confirmed and signed by the

chairman.

Correspondence.

12. The official correspondence of the Committee shall be conducted by the

secretary to the Committee.

Proceedings and documents of committee.

13. The proceedings and documents of the Committee shall be such as may

be prescribed by the Minister from time to time.

Communications.

14. Whenever this Instrument requires the Committee to communicate with

or report to the department their communication or report shall be addressed

to the Director.

B: ARTICLES OF MANAGEMENT.

Conduct of school.

1. The school shall be conducted in accordance with the provisions of the

Act, the regulations and this schedule.

School premises.

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2. The committee shall from time to time inspect and keep the department

informed as to the condition and state of repair of the school premises and

equipment in the school under its jurisdiction and shall be responsible for

calling the attention of the Director to any work required to keep the

premises and equipment in a satisfactory condition.

Advice on use of premises.

3. The committee shall advise the Director on the use and care of school

premises both as a school and as an evening institute and/or community

centre under section 21 of the Act.

Advice on requirements for special equipment.

4. The committee shall advise the headteacher and the Director as to the

items of special equipment which are required for the school(s).

Proposals of committee.

5. The committee may from time to time submit to the Director any

proposals which in its judgment will be advantageous to the school or will

increase the efficiency of the school. The Director shall fully consider such

proposals and shall decide upon them.

Returns.

6. The committee shall furnish to the Minister such returns and reports as he

may require.

Copies of articles.

7. A copy of these articles shall be given to every member, the headteacher

and every teacher on appointment.

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