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10.(1) Where it appears to the [Health and Social Services Board] to be appropriate that a child of compulsory school age who is the subject of a notification under section eight should receive training at a centre provided or approved for the purpose by [the Ministry], they may give notice in writing to the parent of the child requiring him to cause the child to attend, either by the day or, if the notice so directs, as a resident, at such centre, being a centre provided or approved as aforesaid, as may be specified in the notice, at such times or for such periods as may be so specified. (2) Before giving a notice under this section, the [Health and Social Services Board] shall satisfy themselves that the child is not receiving adequate training comparable with the training which he would receive at the centre; and if any person to whom such a notice is given is aggrieved by the notice on the ground that the child is receiving such training, he may require the [Health and Social Services Board] to refer the question to the Review Tribunal, and the tribunal may either confirm the notice or direct that it be amended or withdrawn. (3) Subject to sub-section (2), if any person fails to comply with a notice given to him under sub-section (1), he shall, unless the child is receiving adequate training comparable with the training which he would receive at the centre, be guilty of an offence and shall be liable on summary conviction, where it is a first offence to a fine not exceeding one pound, where it is a second offence to a fine not exceeding five pounds, and where it is a third or subsequent offence to a fine not exceeding ten pounds or to imprisonment for a term not exceeding one month, or to both. (4) It shall be the duty of [the Ministry] to institute proceedings for an offence under this section whenever, in their opinion, such an offence has been committed, and such proceedings shall not be instituted except by or on behalf of [the Ministry] or the Attorney General. [(5) For the purposes of this section "parent" has the same meaning as in the Education and Libraries (Northern Ireland) Order 1972.]
© 1961 Crown Copyright
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