The Education and Libraries (Northern Ireland) Order 1986

1. Introductory Text

2. PART I PRELIMINARY

   1. 1. Title and commencement

   2. 2. Interpretation

3. PART II EDUCATION AND LIBRARY BOARDS AND COMMITTEES THEREOF

   1. 3. Education and library boards

   2. 4. Committees

4. PART III PROVISION OF EDUCATION

   1. The statutory system of education

      1. 5. Stages and purposes of statutory system of education

   2. Powers and duties of boards in relation to primary and secondary education

      1. 6. Duty of boards to secure provision of primary and secondary education

      2. 7. Provision, maintenance and management of controlled schools by boards

      3. 8. Duties of boards in relation to certain voluntary schools

      4. 9. Power of boards to assist voluntary grammar schools and direct grant voluntary intermediate schools

   3. School management

      1. 9A. Schemes of management

      2. 9B. Preparation of schemes of management

      3. 9C. Approval or imposition of scheme of management by Department

      4. 9D. Revision of schemes of management

      5. 10. Management of controlled schools

      6. 11. Management of voluntary schools

      7. 12. Limitation on membership of Boards of Governors

      8. 13. Miscellaneous provisions relating to Boards of Governors

   4. Establishment, recognition and discontinuance of, and effecting of changes to, grant-aided schools

      1. 14. Proposals as to primary and secondary education

      2. 15. Establishment and recognition of grant-aided schools

      3. 16. Discontinuance of grant-aided schools

      4. 17. Transfer of voluntary schools

      5. 17A. Regulations as to carrying on of grant‐aided schools

      6. 18. Standard of school premises

      7. Arts. 19, 20 rep. by 1989 NI 20

   5. Religious education in schools

      1. 21. Religious education in controlled and voluntary schools other than nursery and special schools

      2. 22. Duties of teachers in controlled schools as to collective worship and religious instruction

      3. 23. Religious instruction not to be inspected, but complaints to be investigated, by Department

   6. Arts. 24‐28 rep. by 1989 NI 20

   7. Arts. 29‐34 rep. by 1996 NI 1

   8. Art. 35 rep. by 1987 NI 2

   9. Art. 36 rep. by 1996 NI 1

   10. Recreational, social, physical, cultural and youth service activities

       1. 37. Provision of facilities for recreational, social, physical, cultural and youth service activities

5. PART IV INDEPENDENT SCHOOLS

   1. 38. Registration of independent schools

   2. 39. Complaints

   3. 40. Appeals against complaints

   4. 41. Enforcement

   5. 42. Orders made under other enactments

   6. 43. Removal of disqualifications

6. PART V RIGHTS AND DUTIES OF PARENTS AND PROVISIONS RELATING TO INDIVIDUAL PUPILS

   1. General

      1. 44. Pupils to be educated in accordance with wishes of their parents

      2. 45. Duties of parents to secure full-time education for their children

      3. 46. Compulsory school age

      4. 46A. Commencement of secondary education

      5. 47. Presumption as to age

      6. 48. Registration of pupils at school

      7. 49. Suspension and expulsion of pupils

      8. Art. 49A rep. by 2003 NI 12

   2. Provisions to assist persons to take advantage of educational facilities

      1. 50. Provision of awards by boards

      2. 51. Provision of awards by Department

      3. 52. Provision of transport for, and payment of travelling expenses of, certain pupils

      4. 53. Provision of board and lodging otherwise than at school

      5. 54. Payment of whole or part of cost of board and lodging otherwise than at school for pupils aged 18 and over

      6. Art. 55 rep. by 1997 NI 15

      7. Art. 56 rep. by 1989 NI 20

      8. 57. Provision of books and materials and payment of examination fees by boards

   3. Provision of food and clothing

      1. 58. Provision of milk, meals and related facilities

      2. 59. Provisions supplementary to Article 58

      3. 60. Provision of clothing etc. for pupils attending grant-aided schools or institutions of further education

   4. Medical and dental inspection and medical examination

      1. 61. Facilities for medical and dental inspection, etc.

      2. 62. Power of Department as to medical examination

   5. Employment of children and young persons

      1. 63. Adaptation of enactments relating to the employment of children or young persons

      2. 64. Power of boards to prohibit or restrict employment of children

7. PART VI TEACHERS

   1. 65. Employment of teachers by the Authority

   2. 66. Training of teachers

   3. 67. Control of numbers, qualifications, etc. of students

   4. 68. Appointment of teachers

   5. 69. Salaries and other terms and conditions of employment of teachers

   6. 69A. Payment of salaries, etc. of teachers

   7. 70. Regulations as to employment of teachers

   8. 71. Interchange of teachers with teachers outside Northern Ireland

   9. 72. Redundancy payments to teachers in certain voluntary schools and in grant‐maintained integrated schools

8. PART VII LIBRARY SERVICES

   1. 73. Provision of library services by boards

   2. 74. Development schemes

   3. 75. Standards of library premises

   4. 76. Contributions between boards in respect of library services

   5. 77. Charges for library services

   6. 78. Bye-laws in respect of use of library facilities

   7. 78A. Interpretation of Part VII

9. PART VIII ADMINISTRATION AND FINANCE

   1. Administration

      1. 79. Payments to members of boards, etc.

      2. 80. Payments in respect of official visits, etc.

      3. 81. Members of a board not to be employed as paid officers of the board

      4. 82. The Staff Commission

      5. 83. Officers of boards

      6. 84. Loans to officers for purchase of motor cars and motor cycles

      7. 85. Prohibition of acceptance of unauthorised fee or reward and duty to disclose pecuniary interest

      8. 86. Insurance against risks by boards

      9. 87. Protection for officers acting in execution of duty

      10. 88. Appointment of non-teaching staff for controlled and maintained schools

      11. 88A. Regulations as to employment of certain non‐teaching staff

      12. 89. Provision of residences by boards

      13. 90. Teachers' residences provided etc. by statutory loan prior to 1st February 1922

      14. Art. 91 rep. by 1989 NI 20

      15. 91A. Use of spare capacity of computers of board

      16. 92. Power of boards as to research and conferences

      17. 93. Contributions to certain bodies

      18. 94. Making of bye-laws by boards

      19. 95. Admission of public to, and facilities for newspaper representatives at, meetings of boards

      20. 96. Notice and information to be given as to meetings of boards

      21. 97. Certain publications to be privileged

      22. 98. Inspection of minutes of proceedings of boards

      23. 99. Determination of disputes between boards

      24. 100. Determination of disputes

      25. 101. Power of Department to give directions

      26. 102. Inspection of educational and other establishments by Department

      27. 102A. Lay persons

      28. Art. 103 rep. by 2003 NI 12

      29. Art. 104 rep. by 1987 NI 2

      30. 105. Acquisition by Department of land

      31. 106. Functions of boards in relation to land

      32. 107. Transfer to board of certain assets of Department

      33. Art. 108 rep. by 2005 c. 12

      34. 109. Power of Head of the Department to appoint advisory bodies or committees

      35. 110. Conduct of examinations by Department

   2. Finance

      1. 111. Power of boards to accept gifts

      2. 112. Borrowing powers of boards

      3. Art. 113 rep. by 2003 NI 12

      4. Art. 114 rep. by 2003 NI 12

      5. 115. Grants for educational or library services, etc.

      6. 116. Building and equipment grants for voluntary schools

      7. Arts. 117, 118 rep. by 1989 NI 20

      8. Art. 119 rep. by 2003 NI 12

      9. 119A. Recovery by Department of certain premature retirement compensation costs

10. Part IX (Arts. 120‐126) rep. by 1989 NI 20

11. PART X MISCELLANEOUS AND GENERAL

    1. 127. Transfer of certain institutions to Department

    2. 128. Use of land provided or maintained under this Order

    3. 129. Publication of notices

    4. 130. Service of notices on, and authentication of notices by, boards

    5. 131. Evidence of documents

    6. 131A. Exceptions for schools established in hospitals

    7. 132. Amendments

    8. 133. Transitional and saving provisions

    9. 134. Regulations

    10. Article 135—Repeals

12. SCHEDULES

    1. SCHEDULE 1

       NAMES AND AREAS OF EDUCATION AND LIBRARY BOARDS

    2. SCHEDULE 2

       EDUCATION AND LIBRARY BOARDS

       1. PART I CONSTITUTION OF BOARDS

          1. Appointment of members

             1. 1. . . . . . . . . . . . . . . .

          2. Members nominated by district councils

             1. 2. . . . . . . . . . . . . . . .

          3. Other members

             1. 3. . . . . . . . . . . . . . . .

             2. 4. . . . . . . . . . . . . . . .

          4. Resignation and disqualification of members

             1. 5. . . . . . . . . . . . . . . .

             2. 6. . . . . . . . . . . . . . . .

          5. Disclosure of pecuniary interest and relevant family relationships.

             1. 7. . . . . . . . . . . . . . . .

          6. Recovery of wrongful gains and remedies against member guilty of reprehensible conduct.

             1. 8. . . . . . . . . . . . . . . .

       2. PART II PROCEEDINGS OF BOARDS

          1. 9. . . . . . . . . . . . . . . .

          2. 10. . . . . . . . . . . . . . . .

          3. 11. . . . . . . . . . . . . . . .

          4. 12. . . . . . . . . . . . . . . .

          5. 13. . . . . . . . . . . . . . . .

    3. SCHEDULE 3

       CONSTITUTION OF TEACHING APPOINTMENTS COMMITTEES AND LIBRARY COMMITTEES

       1. PART I TEACHING APPOINTMENTS COMMITTEES

          1. 1. . . . . . . . . . . . . . . .

          2. 2. . . . . . . . . . . . . . . .

          3. 3. . . . . . . . . . . . . . . .

          4. 4. . . . . . . . . . . . . . . .

       2. PART II LIBRARY COMMITTEES

          1. 5. . . . . . . . . . . . . . . .

    4. SCHEDULE 4

       MEMBERSHIP OF BOARD OF GOVERNORS OF CONTROLLED SCHOOLS

       1. The Board of Governors of one or more than one controlled school shall consist of—

          1. The Board of Governors of one or more than one controlled school shall consist of—

             1. 1. The Board of Governors of one or more than one controlled school shall consist of—

          2. Controlled primary schools (other than nursery or integrated schools)

             1. 2. There shall be 9, 16 or 24 voting members appointed to the Board of Governors

          3. Controlled secondary schools (other than controlled grammar or integrated schools or technical secondary schools)

             1. 3. There shall be 9, 16 or 24 voting members appointed to the Board of Governors

          4. Controlled grammar schools (other than controlled integrated grammar schools), controlled nursery schools (other than controlled integrated nursery schools) and special schools

             1. 4. There shall be 8, 16 or 24 voting members appointed to the Board of Governors

          5. Controlled integrated schools

             1. 5. There shall be 14 or 21 voting members appointed to the Board of Governors of

          6. Provisions supplementary to paragraphs 2 to 5

             1. 6. Where

          7. Interpretation

             1. 7. In this Schedule—

    5. SCHEDULE 5

       MAINTAINED SCHOOLS

       1. PART I MEMBERSHIP OF BOARD OF GOVERNORS OF MAINTAINED SCHOOL

          1. 1. The trustees of a maintained school shall, notwithstanding anything in any instrument of government of

          2. 2. Where this paragraph applies in relation to the membership of the Board of Governors of

          3. 3. Where this paragraph applies in relation to the membership of the Board of Governors of

          4. 4. The coming into force, or termination, of any agreement under paragraph 1 and any consequential

       2. Part II (Paras. 5,6) rep. by 1996

       3. PART III INTERPRETATION

          1. 7. In this Schedule—

    6. SCHEDULE 6

       MEMBERSHIP OF BOARD OF GOVERNORS OF VOLUNTARY GRAMMAR SCHOOL ENTERING INTO AGREEMENT WITH DEPARTMENT

       1. 1. The trustees of a voluntary grammar school shall, notwithstanding anything in any instrument of government

       2. 2. The trustees of a voluntary grammar school in relation to which an agreement is in

       3. 3. Where an agreement under paragraph 1(1)(a) is in force in relation to a school, paragraph

       4. 4. Where this paragraph applies in relation to the membership of the Board of Governors of

       5. 5. Where this paragraph applies in relation to the membership of the Board of Governors of

       6. 6. The coming into force, or termination, of any agreement under paragraph 1(1) and any consequential

       7. 7. In this Schedule “assistant teacher” has the meaning assigned to it by paragraph 7 of

    7. SCHEDULE 7

       MEMBERSHIP OF BOARD OF GOVERNORS OF VOLUNTARY GRAMMAR SCHOOL NOT ENTERING INTO AGREEMENT WITH DEPARTMENT OR BOARD

       1. 1. Nothwithstanding anything in any instrument of government of a voluntary grammar school

       2. 2. The Board of Governors of the school shall consist of—

       3. 3. In this Schedule “assistant teacher” has the meaning assigned to it by paragraph 7 of

    8. Schedule 8 rep. by 1996 NI 1

    9. SCHEDULE 9

       TRANSFER OF VOLUNTARY SCHOOLS TO DEPARTMENT

       1. 1. An arrangement for transferring a school to the Department under Article 17 may, subject to

       2. 2. An arrangement under this Schedule may provide for an absolute conveyance to the Department of

       3. 3. An arrangement under this Schedule may also provide for the transfer to the Department of

       4. 4. Where an arrangement is made under this Schedule, it shall be one of the terms

       5. 5. Where any person has any right given him by the trusts of the school to

       6. 6. The Department shall consider and have due regard to any objections and representations respecting a

       7. 7. Where the trust instrument contains any provision for the alienation of the school by any

       8. 8. Where a transfer of a school is made in pursuance of an arrangement under this

       9. 9. Where an arrangement under this Schedule provides for the transfer of a teacher's residence to

    10. Schedule 10 rep. by 1989 NI 20

    11. Schedule 11 rep. by 1996 NI 1

    12. Schedule 12 rep. by 1987 NI 2

    13. SCHEDULE 13

        ENFORCEMENT OF DUTY IMPOSED BY ARTICLE 45 AS TO EDUCATION OF CHILDREN OF COMPULSORY SCHOOL AGE

        1. PART I SCHOOL ATTENDANCE ORDERS

           1. 1. If it appears to

           2. 1A. Sub-paragraphs (2) to (5) apply where

           3. 1B. Sub-paragraphs (2) and (3) apply where

           4. 2. This paragraph applies where a school attendance order is in force in respect of a

        2. PART II DUTY OF PARENT OF REGISTERED PUPIL TO SECURE HIS REGULAR ATTENDANCE AT SCHOOL

           1. 3. Subject to the following provisions of this paragraph, it shall be the duty of a

        3. PART III OFFENCES, PENALTIES AND ENFORCEMENT

           1. 4. Where a parent on whom a school attendance order has been served fails to comply

           2. 5. Before instituting proceedings against a parent for an offence under paragraph 4(1)

           3. 6. The court before which a prosecution is brought for an offence under paragraph 4 may

           4. Para. 7 rep. by 1995

           5. Para. 7 rep. by 1995

           6. 8. For the purposes of a prosecution of the parent of a child for an offence

           7. Para. 9 rep. by 1995

           8. Para. 9 rep. by 1995

           9. 10. Proceedings for an offence under this Schedule shall not be taken except by or on

    14. Schedule 14 rep. by 1989 NI 20

    15. SCHEDULE 15

        THE STAFF COMMISSION FOR EDUCATION AND LIBRARY BOARDS

        1. 1. . . . . . . . . . . . . . . .

        2. 2. . . . . . . . . . . . . . . .

        3. 3. . . . . . . . . . . . . . . .

        4. 4. . . . . . . . . . . . . . . .

        5. 5. . . . . . . . . . . . . . . .

        6. 6. . . . . . . . . . . . . . . .

        7. 7. . . . . . . . . . . . . . . .

        8. 8. . . . . . . . . . . . . . . .

    16. SCHEDULE 16

        MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLES 105(4) AND 106(2)

        1. PART I MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 105(4)

           1. 1. References to the Ministry concerned or to the council shall be construed as references to

           2. 2. References to the said Schedule 6 shall be construed as references to that Schedule as

           3. 3. Paragraph 1 shall be omitted.

           4. 4. In paragraph 2—

           5. 5. For paragraph 3(1)(ii) there shall be substituted

           6. 6. In paragraph 4 the words from “and may provide” to the end of the paragraph

           7. 7. In paragraph 5—

           8. 8. In paragraph 6(2) for the words “fund out of which the expenses of the council

           9. 9. In paragraph 11(3) the words “in the prescribed form” shall be omitted.

           10. 10. In paragraph 12 in sub-paragraph (1) the words “such” and “as may be prescribed” shall

           11. 11. In paragraph 14(1), the words “in the prescribed form” shall be omitted.

           12. 12. In paragraph 15(1) for the words “in the prescribed form” there shall be substituted the

           13. 13. Paragraph 19 shall be omitted.

           14. 14. In paragraph 20, sub-paragraph (2) shall be omitted.

        2. PART II MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 106(2)

           1. 1. For any reference to a council or the council or the clerk of the council

           2. 2. For any reference to the Ministry concerned there shall be substituted a reference to the

           3. 3. For any reference to that Act there shall be substituted a reference to this Order.

           4. 4. Any references to that Schedule shall be construed as references to that Schedule as modified

           5. 5. For any reference to a matter prescribed by regulations made by the Department of the

           6. 6. In paragraphs 2(c) and 5(2) for the words “as may be prescribed” there shall be

           7. 7. Paragraph 19 shall be omitted.

    17. Schedule 17 rep. by 1989 NI 20

    18. Schedule 18—Amendments

    19. SCHEDULE 19

        TRANSITIONAL PROVISIONS

        1. General

           1. 1. In so far as anything done or having effect as if done under or in

           2. 2. Where any period of time specified in any provision repealed by this Order is current

        2. School management

           1. 3. This paragraph applies to a voluntary grammar school the trustees or governing body of which

           2. 4. This paragraph applies to a voluntary grammar school, the trustees or governing body of which

        3. Para. 5 rep. by 1996

           1. Para. 5 rep. by 1996

           2. Para. 5 rep. by 1996

           3. Para. 6 rep. by 1993

           4. Para. 6 rep. by 1993

    20. Schedule 20—Repeals