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MALONE AND WHITEABBEY TRAINING SCHOOLS ACT (NORTHERN IRELAND)1956

MALONE AND WHITEABBEY TRAINING SCHOOLS ACT (NORTHERN IRELAND)1956 -
LONG TITLE

An Act to make further and better provision for the management of
the Malone Training School, the Girls Training School, Whiteabbey,
and the Balmoral Training School; to amalgamate the Malone Training
School and the Balmoral Training School, to enable certain other
training schools to be established if needed; to discontinue the
Borstal Institution at the Malone Training School; and for purposes
connected with the matters aforesaid.{1}
[12th June 1956]
Establishment and Functions of the Malone and Whiteabbey Training
Schools Management BoardEstablishment of Malone and Whiteabbey Training
Schools Management Board.

MALONE AND WHITEABBEY TRAINING SCHOOLS ACT (NORTHERN IRELAND)1956 -
SECT 1

1.(1) For the purposes of this Act there shall be established as
soon as may be after the passing of this Act a Board of
Management (in this Act referred to as "the Board") which shall be
a body corporate by the name of the Malone and Whiteabbey Training
Schools Management Board with perpetual succession, and section
nineteen of the Interpretation Act (Northern Ireland), 1954, shall
apply to the Board.

(2) The Board shall be constituted and its proceedings conducted in
accordance with the First Schedule.

MALONE AND WHITEABBEY TRAINING SCHOOLS ACT (NORTHERN IRELAND)1956 -
SECT 2
Functions of Board.

2.(1) On the appointed day, subject to the provisions of this Act,
the functions of

(a)the Ministry of Home Affairs (in this Act referred to as "the
Ministry") as managers of the Malone Training School and the Girls
Training School, Whiteabbey, in the County of Antrim (in this Act
referred to as "the Whiteabbey Training School"), and

(b)the Council of the County Borough of Belfast (in this Act
referred to as "the Council") as managers of the Balmoral Training
School,

(2) Subject to the provisions of this Act the Board shall, from
the appointed day, have the general management and control of the
Malone, Whiteabbey and Balmoral Training Schools and for that purpose
shall have and perform all the functions of managers of training
schools under [the Act of 1968.]

(3) The Board may, with the approval of the Ministry, undertake the
purchase, establishment, building, alteration, enlargement, rebuilding
or management of other training schools, and in respect of any such
school the Board shall subject to sub-section (4) have and perform
all the functions of managers of a training school under [the Act
of 1968.]

(4) [Sub-section (3) of section one hundred and thirty-seven of the
Act of 1968] (which deals with the power of the managers of a
training school to surrender the certificate of approval of the
school) shall not apply to the Board.

Amalgamation of Malone and Balmoral Training Schools.

MALONE AND WHITEABBEY TRAINING SCHOOLS ACT (NORTHERN IRELAND)1956 -
SECT 3

3. On the appointed day the Malone and Balmoral Training Schools
shall be amalgamated and from that day shall be known as the
Malone Training School.

S.4 rep. by 1980 NI 10 art.4(3) sch.3

Malone and Whiteabbey Training School premises.

MALONE AND WHITEABBEY TRAINING SCHOOLS ACT (NORTHERN IRELAND)1956 -
SECT 5

5.(1) Subject to the provisions of this Act, the Ministry shall
continue to hold the lands and premises occupied immediately before
the appointed day by the Malone and Whiteabbey Training Schools for
the same estate and interest and subject to the same covenants and
conditions as those for and to which they were then held by the
Ministry and may hold such land and premises for such greater
estate or interest as the Ministry may hereafter acquire therein.

Subs.(2)(3) rep. by 1972 NI 14 art.109(3) sch.18

(4) The Ministry may licence the Board to use and occupy for the
purpose of their functions the whole or any part of the lands and
premises aforesaid for such period at such charges and subject to
such conditions as may be agreed between the Ministry and the
Board, so, however, that, notwithstanding anything contained in the
terms of the licence or in any enactment, the licence shall not
operate by way of tenancy nor so as to create the relationship of
landlord and tenant.

(5) The Board may, with the approval of the Ministry, undertake the
alteration, enlargement or rebuilding of the said premises.

Subs.(6) spent

Ss.6,7 spent

Staff.

MALONE AND WHITEABBEY TRAINING SCHOOLS ACT (NORTHERN IRELAND)1956 -
SECT 8

8. Subject to the provisions of sections nine and ten the numbers,
grades, remuneration and conditions of employment of members of the
staff of the Board shall be such as the Board, with the approval
of the Ministry, may determine.

S.9 personal

Pensionable officers.

MALONE AND WHITEABBEY TRAINING SCHOOLS ACT (NORTHERN IRELAND)1956 -
SECT 10

10.(1) On the appointed day subject to section nine

(a)any pensionable officer who immediately before that day is
employed by the Ministry, as managers of the Whiteabbey Training
School, or by the Council, as managers of the Balmoral Training
School, and

(b)the officer who on the first day of January, nineteen hundred
and fifty-five, held the post of welfare officer at the Malone
Training School, if he continues to hold that post immediately
before the appointed day,

(2) Where any pensionable officer employed immediately before the
appointed day by the Council as managers of the Balmoral Training
School is not transferred to the Board under the provisions of
sub-section (1) then the Council may continue to employ such officer
on terms and conditions of employment not less advantageous to such
officer than those under which he would have been employed if this
Act had not passed, and subject to the approval of the Ministry
the Board shall pay to the Council a sum calculated in accordance
with a method approved by the Ministry in respect of the pension
rights of such an officer accrued immediately before the appointed
day.

S.11 rep. by SLR 1980

MALONE AND WHITEABBEY TRAINING SCHOOLS ACT (NORTHERN IRELAND)1956 -
SECT 12
Superannuation.

12.(1) Any liability of the Council to pay any pension, gratuity or
other allowance by way of superannuation to, or in respect of the
services of, a transferred officer shall as from the appointed day
be transferred to and discharged by the Board, and any such
transferred officer shall be entitled to receive from the Board the
like pension, gratuity, or other allowance by way of superannuation
as would have been payable to or in respect of him if he had
continued in his former employment.

(2) Where, immediately before the appointed day, a transferred
officer contributes to the superannuation fund under the Belfast
Corporation Superannuation Scheme, 1951, the Council shall within six
months of the appointed day pay to the Board a transfer value and
any such transferred officer shall pay to the Board the same
contributions in respect of superannuation benefits as he would have
been liable to pay if he had remained in his former employment.

(3) Where, immediately before the appointed day, the Council would
have been liable to pay to any body a transfer value in respect
of an officer who, having become a transferred officer, subsequently
enters the employment of that body, then as from the appointed day
the Board shall, upon that officer entering that employment, be
liable to pay to that body a sum calculated in accordance with a
method approved by the Ministry in respect of the transferred
officer's accrued pension rights at the time he left the employment
of the Board.

(4) The amount of any pension payable by the Board under this
section shall be deemed to be an expense incurred by the Board as
managers of the Malone Training School and shall be defrayed in the
same manner as any other such expense.

(5) Sub-section (1) of this section shall not apply in relation to
a transferred officer who, on ceasing to be employed by the
Council, becomes entitled under any rules made under section one of
the Superannuation (Miscellaneous Provisions) Act (Northern Ireland),
1951, to participate in superannuation benefits provided under the
Teachers (Superannuation) Acts (Northern Ireland), 1950 and 1951.

S.13 rep. by SLR 1980

MALONE AND WHITEABBEY TRAINING SCHOOLS ACT (NORTHERN IRELAND)1956 -
SECT 14
Expenses of members of Board.

14. No salary shall be paid to any member of the Board, but there
may be paid to any member allowances for travelling and other
out-of-pocket expenses incurred by him in connection with the
business of the Board at such rates as the Ministry, with the
approval of the Ministry of Finance, may determine.

MALONE AND WHITEABBEY TRAINING SCHOOLS ACT (NORTHERN IRELAND)1956 -
SECT 15
Borrowing power of Board.

15. The Board shall have power to borrow money on such terms and
for such purposes as the Ministry, ..., may approve.

S.16 spent

Substitution of Board for Ministry or Council.

MALONE AND WHITEABBEY TRAINING SCHOOLS ACT (NORTHERN IRELAND)1956 -
SECT 17

17. In the construction and for the purposes of any Act, rule,
regulation, byelaw, judgment, decree, order, award, deed, contract or
other document passed or made before the transfer to the Board of
any functions by or under this Act but so far only as may be
necessary for the purpose or in consequence of such transfer, the
name of the Board shall be substituted for the name of the
Ministry or the Council or any officer thereof.

MALONE AND WHITEABBEY TRAINING SCHOOLS ACT (NORTHERN IRELAND)1956 -
SECT 18
Supplementary provisions.

18. The Minister may by order, which shall be subject to negative
resolution, make such incidental, consequential and supplementary
provisions as appear to him to be necessary or expedient for the
purpose of

(a)ensuring the continued effective operation of the Malone and
Whiteabbey Training Schools;

(b)giving full effect to any transfer of functions by or under this
Act, including provisions for the transfer of any property, rights
and liabilities held, enjoyed or incurred by the Ministry or the
Council in connection with any functions so transferred, and
provisions to facilitate the performance by the Board of any
functions so transferred; and

(c)securing the recovery by the Ministry from the Board of any
expenses (including administrative expenses and expenses incurred in
connection with the payment of superannuation and other allowances)
incurred by the Ministry of Home Affairs or the Ministry of Finance
in making available to the Board any services of an officer in the
prison service.

MALONE AND WHITEABBEY TRAINING SCHOOLS ACT (NORTHERN IRELAND)1956 -
SECT 19
Interpretation.

19. In this Act

["Act of 1968" means the Children and Young Persons Act (Northern
Ireland) 1968;]

"appointed day" means, in relation to any provision of this Act,
such day as may be appointed under section twenty-one for the
coming into operation of that provision;

"enactment" has the same meaning as in section one of the
Interpretation Act (Northern Ireland), 1954;

"equipment" includes any machinery, apparatus or appliance, whether
fixed or not, and any vehicle;

"officer" includes servant;

"pensionable officer" means any officer whose service qualifies or
entitles him, or would if it continued for a sufficient period
qualify or entitle him, to receive a pension, gratuity or other
allowance by way of superannuation;

"perform", in relation to any functions, includes exercise;

"the Balmoral Training School" means the training school provided by
the Council at Ballysillan in the County Borough of Belfast;

"the Minister" means the Minister of Home Affairs;

"training school" means a school approved by the Ministry under
section one hundred and six of the Act of 1950;

"transfer value" means a transfer value calculated in accordance with
the Belfast Corporation Superannuation Scheme, 1951;

"transferred officer" has the meaning assigned to it by sub-section
(1) of section ten.

S.20 rep. by SLR 1973

MALONE AND WHITEABBEY TRAINING SCHOOLS ACT (NORTHERN IRELAND)1956 -
SECT 21
Short title and commencement.

21.(1) This Act may be cited as the Malone and Whiteabbey Training
Schools Act (Northern Ireland), 1956.

(2) Commencement

1.(1) The Board shall consist of the members appointed to it by
the Minister and the members co-opted by the Board, if any, in
accordance with the provisions of this paragraph.

(2) The Minister shall appoint to the Board twelve members who
shall include

Head(a) rep. by 1972 NI 14 art.109(3) sch.18

(b)at least three women.

(3) If a resolution, requesting the Minister to appoint certain
other persons having special qualifications for or experience in the
care of children, is passed by a majority of the members appointed
under sub-paragraph (2) the Minister may in addition appoint not
more than three such persons.

(4) If a casual vacancy occurs amongst the members of the Board
the Board may with the approval of the Minister co-opt a person to
fill the vacancy by a resolution passed by a majority of them.

(5) No defect in the appointment of any person acting as a member
of the Board shall vitiate any proceedings of the Board in which
he has taken part.

2. The term of office of members of the Board appointed under
sub-paragraph (2) of paragraph 1 shall be three years, and at the
end of such term all other members of the Board, if any, shall
also vacate their office.

3.(1) The Minister shall appoint one of the members of the Board
to be the first chairman of the Board and shall appoint another of
the members of the Board to be the first vice-chairman of the
Board.

(2) The first chairman and vice-chairman shall hold office until the
end of the first year of their term of office.

(3) At the end of that year and at the end of the following year
the Board shall elect a chairman and a vice-chairman from amongst
its members for a period of one year; and on the occurrence of a
casual vacancy in the office of chairman or vice-chairman the Board
shall elect a chairman or vice-chairman, as the case may be, who
shall hold office until the end of the year in which he is
elected.

4.(1) At the end of each triennial period for which the members of
the Board hold office the Minister shall, in accordance with the
procedure set out in paragraphs 1 and 3, appoint new members and a
new chairman and a new vice-chairman.

(2) An outgoing member, chairman or vice-chairman may be
re-appointed.

5. A member may be removed from office by, and may resign by
letter addressed to, the Minister.

6.(1) The quorum for a meeting of the Board shall be five.

(2) Every question at a meeting shall be decided by the votes of
the majority of members present and voting.

(3) In case of an equal division of votes at a meeting the
chairman of that meeting shall have a second or casting vote.

(4) The Board may act notwithstanding vacancies in its number so
long as that number is not reduced below three.

(5) Subject to the provisions of this Act, the Board may regulate,
by standing orders or otherwise, its procedure and business.

7. The common seal of the Board shall, when applied to a document,
be attested by the signature of two members of the Board.

8. Any contract or instrument which, if entered into or executed by
an individual, would not require to be under seal may be entered
into or executed on behalf of the Board by any person generally or
specially authorised by the Board for that purpose.

9. It shall be the duty of every member of the Board who is in
any way either directly or indirectly interested in any contract
made or proposed to be made by the Board to disclose at the first
opportunity the nature of his interest at a meeting of the Board
and the disclosure shall forthwith be recorded in the minutes of
the Board and the member who is so interested shall not take part
in any deliberation or decision of the Board with respect to that
contract.

10. The Board shall keep minutes of its proceedings and each member
of the Board shall have the right to inspect and make extracts
from the minutes.

Second Schedule rep. by SLR 1973