No. 24/1968:

LOCAL AUTHORITIES (HIGHER EDUCATION GRANTS) ACT, 1968

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Grants by local authorities to persons in respect of higher education.

3 Payments by local authorities towards cost of grants under Act.

4 Grants to local authorities.

5 Schemes by local authorities for carrying Act into effect.

6 Approval of Minister of grants by local authorities under Act.

7 Determination of disputes.

8 Expenses of Minister.

9 Repeals.

10 Short title.

AN ACT TO PROVIDE FOR THE MAKING OF GRANTS IN CERTAIN CASES BY LOCAL AUTHORITIES OUT OF FUNDS PROVIDED BY THEM AND BY THE OIREACHTAS TO ENABLE PERSONS TO ATTEND COURSES OF HIGHER EDUCATION AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.

[15th July, 1968.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act—

"the Minister" means the Minister for Education;

"approved institution" means—

( a ) a university or university college in respect of its courses which are of degree standard, or

( b ) any other institution of higher education for the time being approved by the Minister for the purposes of this Act, either generally or in relation to any particular grant or class of grants under section 2 of this Act, in so far as that institution provides courses which in the opinion of the Minister are equivalent to university degree courses.

2.—(1) A corporation of a county borough or council of a county shall make grants to persons who are ordinarily resident in the functional area of the corporation or council for the purpose of assisting the persons to attend or continue to attend approved institutions if—

( a ) the persons reach such standard at the Leaving Certificate Examination of the Department of Education as may be prescribed from time to time by the Minister, with the consent of the Minister for Finance,

( b ) the means (calculated in such manner and by reference to such matters as may be specified from time to time by the Minister with the consent of the Minister for Finance) of the persons, if any, and of the parents or guardians of the persons do not exceed such limits as may be prescribed from time to time by the Minister, with the consent of the Minister for Finance,

( c ) the persons are within the appropriate age limits prescribed from time to time by the Minister, and

( d ) the persons comply with such other requirements as may from time to time be prescribed by the Minister.

(2) Grants under this section shall be of such amount or amounts as may be prescribed from time to time by the Minister with the consent of the Minister for Finance.

3.—A corporation of a county borough or council of a county shall provide in each local financial year towards the cost of making grants by it under section 2 of this Act in that year a sum equal to the sum provided by it in the local financial year ending on the 31st day of March, 1968, in respect of assistance under the Irish Universities Act, 1908, and in respect of scholarships and continuing scholarships under the Local Authorities (Education Scholarships) Acts, 1944 and 1961.

4.—There shall be paid in each year out of moneys provided by the Oireachtas to a corporation of a county borough or council of a county such sum as, when added to the sum provided by the corporation or council under section 3 of this Act in any local financial year, equals the cost of the grants made by the corporation or council in that local financial year under this Act.

5.—(1) A corporation of a county borough or council of a county shall prepare and submit to the Minister annually before such date as may from time to time be prescribed by the Minister a scheme for carrying the provisions of this Act into effect in the functional area of the corporation or council.

(2) When a scheme is submitted to the Minister under this section the Minister may either—

( a ) approve of the scheme, or

( b ) modify or alter the scheme in such manner as he thinks proper and approve of the scheme as so modified or altered.

(3) A scheme that has been approved under paragraph (a) or (b) of subsection (2) of this section shall be carried out in accordance with its terms by the corporation or council by which lit was prepared and, for that purpose, the corporation or council shall publish the scheme in such manner as appears to them best calculated to bring the provisions thereof to the notice of persons intended to be benefited thereby.

(4) A corporation of a county borough or council of a county may, at any time, prepare and submit to the Minister an amendment of a scheme approved by the Minister under paragraph (a) or (b) of subsection (2) of this section and the Minister may either approve or refuse to approve of the amendment, and, if the Minister approves of the amendment, the scheme shall stand amended in accordance with the terms of the amendment.

(5) The preparation and submission to the Minister of schemes and amendments to schemes under this section shall be reserved functions for the purposes of the County Management Acts, 1940 to 1955 and of the Acts relating to the management of county boroughs.

6.—A corporation of a county borough or council of a county shall not—

( a ) make a grant under this Act to any person without the previous approval of the Minister, or

( b ) make, during any year (other than the first year in which the grant hereinafter referred to is payable) any payments in respect of a grant under this Act consisting of a series of annual payments (payable either in one sum or in two or more instalments) during a specified period, unless the Minister has previously approved of the making, during that year, of payments in respect of that grant.

7.—Every question or dispute which shall arise in relation to the interpretation or construction of a scheme under this Act shall be determined by the Minister whose decision thereon shall be final.

8.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

9.—(1) Section 10 of the Irish Universities Act, 1908, and the Local Authorities (Education Scholarships) Acts, 1944 and 1961, are hereby repealed.

(2) The repeal effected by subsection (1) of this section shall not affect any assistance under the said section 10 or scholarships or continuing scholarships under the said Local Authorities (Education Scholarships) Acts, 1944 and 1961, awarded before the passing of this Act.

10.—This Act may be cited as the Local Authorities (Higher Education Grants) Act, 1968 .