PART V.

Enforcement of Continuation Education.

59. —(1) In this Part of this Act the expression “young person” does not include a person who attains the age of fifteen years on or before the day on which the district in which he resides commences to be a district to which this Part of this Act applies, and accordingly so much of this Part of this Act as relates to young persons shall not apply to a person so excluded from the said expression.

(2) References in this Part of this Act to the vocational education committee for a district to which this Part of this Act applies shall be construed as references to the vocational education committee whose vocational education area is co-terminous with or includes such district.

(3) In this Part of this Act the expression “committee of agriculture” means any committee set up (whether before or after the passing of this Act) by statute under that name to exercise functions in relation to the purposes of agriculture and other rural industries.

60. —(1) The Minister may, either on the application of the vocational education committee or on his own motion, make an order declaring that a vocational education area or any particular part of a vocational education area shall, as on and from the day specified in that behalf in such order, be a district to which this Part of this Act applies, and thereupon such vocational education area or such particular part thereof shall, as on and from such day, and so long as such order remains in force, be a district to which this Part of this Act applies.

(2) Whenever the Minister makes an order under the foregoing sub-section declaring a particular area to be a district to which this Part of this Act applies and such area is neither co-terminous with nor included in a county or other borough mentioned in the Fourth Schedule to this Act, he shall, after consultation with the Minister for Justice, by the same order prescribe the rank and station of the officer of the G[html]rda Síoch[html]na who is to be the enforcing authority for such district for the purposes of this Part of this Act.

(3) The Minister may at any time by order revoke or amend an order previously made by him under sub-section (1) of this section, but he shall not revoke or amend an order made after consultation with the Minister for Justice without consulting such Minister in relation to such revocation or amendment.

(4) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either such House within the next subsequent twenty-one days on which that House has sat annulling such order, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.

61. —(1) In every district to which this Part of this Act applies, the vocational education committee for such district shall, in every local financial year, provide such and so many courses of instruction (in this Act distinguished as compulsory courses) in the nature of continuation education as such committee shall consider necessary having regard to the requirements of the young persons resident in such district.

(2) The vocational education committee for a district to which this Part of this Act applies may, if and when it thinks fit so to do and without prejudice to its obligation to provide compulsory courses, provide in such district in any local financial year such courses of instruction (in this Act distinguished as voluntary courses) in the nature of continuation education as such committee shall consider desirable having regard to the circumstances of such district and of the young persons resident therein.

(3) Every course of instruction provided under this section shall consist, in the case of a compulsory course, of one hundred and eighty hours of instruction in each local financial year or, in the case of a voluntary course, of not less than one hundred and eighty hours of instruction in each local financial year and, in every case, shall be distributed, as regards times and seasons, in such manner as may best suit the circumstances of the district but, in the case of a district which contains the whole or any part of the functional area of a committee of agriculture, not without previous consultation with such committee.

(4) The instruction to be given at a course of instruction provided under this section shall be such as the vocational education committee providing such course shall, with the approval of the Minister, direct.

(5) Every vocational education committee providing courses of instruction under this section shall make public by advertisement or otherwise the dates for the commencement and termination of such courses and the times and places at which the instruction comprised in such courses will be given.

62. —(1) Whenever the Minister is satisfied that a course of instruction provided by any person other than a vocational education committee affords efficient instruction in the nature of continuation education of a not lower standard than the courses of instruction which vocational education committees are required by this Part of this Act to provide, the Minister may grant in respect of such course of instruction a certificate in the prescribed form that such course of instruction is an approved course for the purposes of this Part of this Act.

(2) Whenever the Minister is satisfied that a school (other than a school which is for the time being recognised by the Minister as a secondary school and other than a national school) affords efficient continuation education, the Minister may grant in respect of such school a certificate in the prescribed form that such school is an approved school for the purposes of this Part of this Act.

(3) Whenever the Minister is satisfied that a course of instruction or a school in respect of which he has granted a certificate under this section has ceased to be qualified to receive such certificate, the Minister may revoke such certificate, and thereupon such certificate shall be delivered up to the Minister.

(4) The Minister may make or cause to be made such reasonable inquiries and inspections as he shall think proper for the purpose of satisfying himself whether any particular course of instruction or school is or is not or does or does not continue to be qualified to receive a certificate under this section, and for the purpose of such inquiries and inspections an inspector may at all reasonable times enter any premises where a course of instruction in respect of which such certificate has been applied for or granted is held, or any school in respect of which such certificate has been applied for or granted, and inquire into and inspect any such course of instruction or school.

63. —(1) Every parent of a young person resident in a district to which this Part of this Act applies shall, unless there is a reasonable excuse for not so doing, cause such young person to attend for instruction in accordance with this Part of this Act.

(2) For the purposes of this Part of this Act, any one of the following, and only one of the following, attendances by a young person shall be attendance for instruction in accordance with this Part of this Act, that is to say:—

(a) attendance at a compulsory course of instruction provided under this Part of this Act by the vocational education committee for the district in which the young person resides;

(b) attendance at a voluntary course of instruction provided under this Part of this Act by the vocational education committee for the district in which the young person resides;

(c) attendance at a course of instruction in respect of which a certificate that it is an approved course of instruction for the purposes of this Part of this Act has been granted by the Minister and has not been revoked;

(d) full-time attendance at a school which is for the time being recognised by the Minister as a secondary school;

(e) full-time attendance at a national school;

(f) full-time attendance at a school in respect of which a certificate that it is an approved school for the purposes of this Part of this Act has been granted by the Minister and has not been revoked.

64. —The following shall be reasonable excuses for failure to attend for instruction in accordance with this Part of this Act, that is to say:—

(a) that the young person has been prevented from so attending by sickness;

(b) that the young person is receiving instruction suitable to his age and circumstances otherwise than by attendance for instruction in accordance with this Part of this Act;

(c) that no compulsory course of instruction is provided by the vocational education committee for the district in which the young person resides at any place within a distance of three miles from the residence of the young person measured according to the shortest way lawfully and conveniently available for him;

(d) that the young person has been prevented from so attending by some other sufficient cause.

65. —(1) For the purposes of this Part of this Act the enforcing authority for a district to which this Part of this Act applies shall be—

(a) in every such district which is co-terminous with or included in a county or other borough mentioned in the Fourth Schedule to this Act, the vocational education committee for that district; and

(b) in every such district which is neither co-terminous with nor included in any of the said county or other boroughs, the officer of the G[html]rda Síoch[html]na for the time holding the rank and occupying the station prescribed in that behalf by the order made by the Minister under this Part of this Act declaring such district to be a district to which this Part of this Act applies.

(2) It shall be the duty of every enforcing authority to keep the prescribed registers and records for the purposes of this Part of this Act and to permit such registers and records to be inspected at all reasonable times by an inspector.

(3) Every officer of the G[html]rda Síoch[html]na who is an enforcing authority under this Part of this Act may exercise all or any of his functions as such enforcing authority by or through any one or more of the members of the G[html]rda Síoch[html]na under his command and every member of the G[html]rda Síoch[html]na by or through whom such functions are so exercised shall for the purposes of this Part of this Act be an attendance officer of such enforcing authority.

66. —(1) Every person resident in a district to which this Part of this Act applies shall, if required so to do by notice in writing in the prescribed form served on or left for him at his residence by the enforcing authority for such district, furnish to such authority, within the time and in the manner specified in such notice, the names and ages and the mode of education and other particulars specified in such notice of all young persons or any specified young person of whom he is the parent within the meaning of this Act.

(2) Every person, resident in a district to which this Part of this Act applies, who fails to furnish in accordance with this section all or any particulars which he is duly required under this section so to furnish, or who so furnishes any such particulars which are to his knowledge false or misleading in any material respect, shall be guilty of an offence under this section and on summary conviction thereof shall be liable to a fine not exceeding twenty shillings.

67. —(1) Every person carrying on business in a district to which this Part of this Act applies shall, if required so to do by notice in writing in the prescribed form served on or left for him at his place of business by the enforcing authority for such district, furnish to such authority, within the time and in the manner specified in such notice, the particulars specified in such notice of all young persons or any specified young person employed by him.

(2) Every person carrying on business in a district to which this Part of this Act applies who fails to furnish in accordance with this section all or any particulars which he is duly required under this section so to furnish or who so furnishes any such particulars which are to his knowledge false or misleading in any material respect, shall be guilty of an offence under this section and on summary conviction thereof shall be liable to a fine not exceeding twenty shillings.

68. —The Secretary of the Juvenile Advisory Committee for an area which is or includes a district to which this Part of this Act applies shall, at the beginning of every quarter commencing on the 1st day of January, the 1st day of April, the 1st day of July, or the 1st day of October, furnish to the enforcing authority for such district copies of all particulars furnished to him in pursuance of sub-section (4) of section 15 of the School Attendance Act, 1926 (No. 17 of 1926) of the names and addresses of all persons resident in such district who will attain the age of fourteen years during such quarter.

69. —(1) It shall be the duty of every employer of a young person who is required by this Part of this Act to attend for instruction and is in fact attending or desirous of attending a compulsory course of instruction provided under this Part of this Act to afford, so far as the same may be necessary, such young person time and liberty to attend such course of instruction without any deduction from wages or any addition to the hours of employment or reckoning such time as lost.

(2) If any employer fails or neglects to comply with the requirements of this section he shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding twenty shillings and, in the case of a second or any subsequent offence, to a fine not exceeding forty shillings.

70. —(1) The principal teacher at every course of instruction or school, attendance at which is attendance for instruction in accordance with this Part of this Act and at which any young person resident in a district to which this Part of this Act applies is enrolled or attending, shall communicate at the prescribed times and in the prescribed manner to the enforcing authority of such district the prescribed particulars of every such young person who is absent from such course or school and the prescribed particulars of such absences.

(2) The principal teacher at every such course of instruction or school as is mentioned in the foregoing sub-section shall on demand supply in the prescribed form to any enforcing authority for a district to which this Part of this Act applies the respective ages as stated in the registers of such course or school of all or any of the young persons attending such course or school who reside in such district and the prescribed particulars of the attendances at and absences from such course of instruction or school of all or any of those young persons.

(3) When a young person who resides in a district to which this Part of this Act applies is removed from any such course of instruction or school as is hereinbefore mentioned the principal teacher at such course of instruction or school shall on demand give to the parent of such young person a certificate in the prescribed form stating the period during which such young person was attending such course of instruction or school, the number of attendances and absences of such young person at or from such course of instruction or school during the prescribed portion of such period, and the number of attendance hours made in each subject, and the parent of such young person shall exhibit such certificate to the principal teacher at any other such course of instruction or school to which he applies for the admission of such young person.

71. —It shall be the duty of every enforcing authority of a district to which this Part of this Act applies to take all such steps and institute all such proceedings as may be necessary for the enforcement of the attendance for instruction in accordance with this Part of this Act of all young persons who reside in such district.

72. —Whenever a young person who resides in a district to which this Part of this Act applies is for the time being attending for instruction in accordance with this Part of this Act at any course of instruction or school but is absent from such instruction or school on any day or days on which he should under this Part of this Act attend thereat, his parent shall as soon as possible and in any event not later than one week after the day or the first of the days (as the case may be) of such absence communicate in writing or in person to the principal teacher at such course of instruction or school the cause of such absence.

73. —(1) Whenever a young person who resides in a district to which this Part of this Act applies fails or neglects to attend for instruction in accordance with this Part of this Act and so far as is known to the enforcing authority for such district there is no reasonable excuse for such failure or neglect, such authority shall serve on the parent of such young person a warning in the prescribed form—

(a) requiring him within one week after such service to cause such young person to attend for instruction in accordance with this Part of this Act, or to give to the authority a reasonable excuse for not so doing; and

(b) informing him that in the event of his failure to comply with the terms of the foregoing paragraph proceedings will be instituted against him under this Act; and

(c) informing him that if, within three months after such proceedings, he again fails to comply with this Part of this Act further proceedings may be instituted against him without previous warning.

(2) If a parent does not comply with a warning duly served on him under this section, he shall, unless he satisfies the Court that he has used all reasonable efforts to cause the young person to whom such warning relates to attend for instruction in accordance with this Part of this Act, be guilty of an offence under this section and be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding twenty shillings and, in the case of a second or any subsequent offence (whether in relation to the same or another young person), to a fine not exceeding forty shillings.

(3) Whenever a parent within three months after being convicted of an offence under the foregoing sub-section fails without reasonable excuse to cause the young person in respect of whom he was so convicted to attend for instruction in accordance with this Part of this Act, such parent shall, unless such young person has ceased to be a young person, be guilty of an offence under this sub-section and be liable on summary conviction thereof to a fine not exceeding forty shillings.

74. —(1) Every vocational education committee which is an enforcing authority for the purposes of this Part of this Act shall by order appoint such officers as it thinks fit to be attendance officers for the purposes of this Part of this Act.

(2) Every attendance officer appointed under this section shall, when exercising any authority or power under this Part of this Act as such officer, produce on demand and show the order appointing him such officer to any person in relation to whom he is exercising such authority or power.

(3) A document produced by a person claiming to be an attendance officer and represented by him to be an order appointing him such officer and purporting on its face to be such order shall, until the contrary is proved, be evidence that such person is an attendance officer.

75. —All warnings, notices, and other documents issued or served under this Part of this Act by an enforcing authority shall be sufficiently authenticated by the signature thereon of an attendance officer of such authority.

76. —A prosecution for an offence under this Part of this Act may be instituted and prosecuted at the suit of any attendance officer of an enforcing authority as prosecutor.

77. —(1) In a prosecution for an offence under this Part of this Act, the court before whom the prosecution is brought may, on the application of the prosecutor or the person prosecuted or on its own motion, order the parent or employer of the young person to whom the prosecution relates to produce such young person before the court at a specified time and place, and in the event of such parent or employer failing without reasonable excuse so to produce such young person the court may inflict on such parent or employer a fine not exceeding twenty shillings.

(2) In any prosecution for an offence under this Part of this Act the burden of proof of any of the following matters in relation to the young person to whom the prosecution relates shall lie on the person prosecuted, that is to say:—

(a) the age of the young person;

(b) that there was a reasonable excuse for the non-attendance of the young person for instruction in accordance with this Part of this Act on any particular day or during any particular period;

(c) that the young person is receiving education suitable to a young person otherwise than by attending for instruction in accordance with this Part of this Act.

(3) In any prosecution under this Part of this Act, a certificate purporting to be signed by the principal teacher at a course of instruction or school, attendance at which is attendance for instruction in accordance with this Part of this Act, stating that the young person to whom the prosecution relates is or is not attending that course of instruction or school or stating that such young person did or did not attend that course of instruction or school on particular days shall, until the contrary is proved be evidence of such of the matters aforesaid as are stated in such certificate.

(4) In any prosecution for an offence under this Part of this Act a certificate purporting to be signed by a duly qualified medical practitioner that the young person to whom the prosecution relates is or was at any specified time suffering from a specified physical or mental malady or injury and that such malady or injury was of such a nature as to render the young person unfit to attend at a course of instruction or a school or that some person residing in the house in which such young person resides is or was suffering from a specified physical malady or injury shall, until the contrary is proved, be evidence of such of the facts aforesaid as are stated in such certificate.

(5) In any prosecution for an offence under this Part of this Act, the court may order the costs incurred in relation to such prosecution by the prosecutor or the person prosecuted to be paid by the person prosecuted or the prosecutor (as the case may require) and may fix the amount of such costs.

78. —All expenses incurred by a vocational education committee in carrying this part of this Act into effect shall be paid out of the vocational education fund of such committee.