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The Pamphlet Collection of Sir Robert Stout: Volume 42

Factories' Act, 1874

Factories' Act, 1874.

Age of Children.

Extension of age of child to 14, unless educational certificate obtained.

12. After the first day of January one thousand eight hundred and seventy-six, for the purpose of this Act and of the Factory Acts, 1833 to 1856, in the case of a factory to which this Act applies, a person of the age of thirteen years and under the age of fourteen years shall be deemed to be a child, and not a young person, unless he has obtained from a person authorised by the authority hereinafter mentioned a certificate of having attained such standard of proficiency in reading, writing, and arithmetic as may be from time to time prescribed for the purposes of this Act by that authority: Provided that any such person who previously to the first day of January one thousand eight hundred and seventy-six is lawfully employed in any such factory page 57 as a young person, may contine to be so employed in like manner as if this section had not been enacted.
The authority for the purposes of this section shall be—
(a.)In England the Lords of the Committee of the Privy Council on Education;
(b.)In Scotland the Lords of any Committee of the Privy Council appointed by Her Majesty on education in Scotland; and—
(c.)In Ireland the Lord Lieutenant of Ireland, with the advice of his Privy Council.

The standard of proficiency so prescribed shall be published in the London, Edinburgh, or Dublin Gazette, according as it is prescribed by the authority in England, Scotland, or Ireland, and shall not have effect until the expiration of at least six months after such publication.

Supplemental.

15. After the first day of January one thousand eight

Education of children to be in efficient school.

hundred and seventy-six, attendance at a school in England which is not for the time being recognised by the Education Department as giving efficient elementary education shall not in the case of a child employed in a factory to which this Act applies be deemed to be attendance at a school within the meaning of this Act or the Factory Act, 1844: Provided that,—
(1.)This section shall not apply to a school in any school district within the meaning of the Elementary Education Act, 1870 which has not been declared by the Education Department to be sufficiently provided with public school accommodation within the meaning of that Act:
(2.)This section shall not apply where there is not a school so recognised within the distance of two miles from the factory in which the child is employed.

The Education Department shall make such declaration as above mentioned with respect to every school district which they are satisfied is supplied with sufficient public school accommodation, and shall from time to time publish in such manner as they think sufficient to give information to all persons interested, lists of the schools for the time being recognised by them as giving efficient elementary education.

This section shall apply to Scotland in like manner as if it were enacted with the substitution of "Scotch Education Department" for "Education Department," of "parish or burgh" for "school district," and of "such school accommodation as is mentioned in sections twenty-seven and twenty-eight of the Education (Scotland) Act, 1872," for "public school accommodation."