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29 1930

VOCATIONAL EDUCATION ACT, 1930

PART VIII.

Amalgamation of Urban District Vocational Education Areas with County Vocational Education Areas.

Amalgamation of urban district and county vocational education areas.

100. —(1) The council of a scheduled urban district may, before the 1st day of September in any local financial year after the local financial year commencing on the 1st day of April, 1931, apply to the Minister for the amalgamation of the vocational education area consisting of such scheduled urban district with the county vocational education area which is included in the county containing such urban district.

(2) The Minister may at any time, either on the application under the foregoing sub-section of the council of the urban district concerned and with the consent of the council of the county concerned or on his own motion without any such application or consent, by order (in this Act referred to as an amalgamation order) amalgamate an urban district vocational education area with the county vocational education area which is included in the county containing such urban district vocational education area.

(3) Every amalgamation order shall come into operation on and have effect as on and from the 1st day of April (in this Part of this Act referred to as the commencement of such order) next after the day on which such order is made.

(4) Every amalgamation order shall be published in the Iris Oifigi[html]il as soon as may be after it is made.

Effect of amalgamation order.

101. —Whenever an amalgamation order is made by the Minister under this Part of this Act the urban district to which such order relates shall, on the commencement of such order, cease to be a scheduled urban district within the meaning of this Act, and thenceforth this Act shall have effect in such urban district and in the county containing such urban district as if such urban district were not mentioned in the First Schedule to this Act, and for that purpose the following provisions shall have effect, that is to say:—

(a) on the commencement of such order the urban district vocational education area (in this section referred to as the urban area) which was co-terminous with the said urban district shall become and be amalgamated with and added to the county vocational education area (in this section referred to as the county area) which was theretofore included in the county containing such urban district;

(b) the vocational education committee for the urban area shall, on the commencement of such order, be dissolved;

(c) the council of the said urban district shall, before the commencement of such order, elect two persons or, where the county area contains at the time of such election four or more urban districts, one person to be members or a member of the vocational education committee for the county area;

(d) a member of the vocational education committee for the county area elected under the foregoing paragraph shall, unless he sooner dies, resigns, or becomes disqualified, hold office as such member until the commencement of the next following triennial meeting of such committee;

(e) where before the commencement of such order the county area contains four urban districts, one of the two members of the vocational education committee for such area elected by the respective councils of such urban districts shall on the commencement of such order cease to be a member of such committee and each such council shall before the commencement of such order determine which of the two members of such committee elected by it shall so cease to be a member of such committee and on the failure of any such council to make such determination such determination shall be made by the Minister as soon as may be after the commencement of such order;

(f) the vocational education committee for the county area shall, when preparing its annual scheme for the year commencing at the commencement of such order, consult with the vocational education committee for the urban area.

Ancillary provisions in amalgamation orders.

102. —(1) Whenever the Minister makes an amalgamation order under this Part of this Act he shall by such order make such provision as he shall think proper, subject to the provisions of this section, for the following matters, that is to say:—

(a) the transfer of the property of the vocational education committee for the urban district vocational education area to which such order relates (in this section referred to as the urban committee) from that committee to the vocational education committee for the county vocational education area to which the order relates (in this section referred to as the county committee);

(b) the payment or discharge by the county committee of the debts and liabilities of the urban committee;

(c) the transfer from the service of the urban committee to the service of the county committee of such of the officers of the urban committee as the Minister shall think proper so to transfer, and the remuneration, conditions of service, and duties of such officers after such transfer;

(d) the removal from office of such of the officers of the urban committee as are not transferred to the service of the county committee;

(e) the continuation or completion by or against the county committee of pending legal proceedings, contracts, agreements, and other matters and things in which the urban committee is concerned.

(2) The Minister may at any time by order amend so much of an amalgamation order as relates to matters provided for thereby in pursuance of this section.

(3) An officer who is transferred by an amalgamation order from the service of the urban committee to the service of the county committee shall not, in the service of the county committee, receive less remuneration or be subject to less beneficial conditions of service than the remuneration to which he was entitled and the conditions of service to which he was subject in the service of the urban committee immediately before such transfer.

(4) For the purpose of the enactments relating to superannuation and compensation for loss of office an officer who is removed from office by an amalgamation order shall be deemed to have been so removed after the commencement of such order by the county committee for a cause other than misconduct or incapacity.