2023 No. 222

EducationCurriculum

The Curriculum (Circumstances in which a Pupil may be Excused from Sexual and Reproductive Health and Rights Education) Regulations (Northern Ireland) 2023

Made

Coming into operation

The Department of Education1, makes the following Regulations in exercise of the powers conferred by Articles 10A(5) and 43(5) of the Education (Northern Ireland) Order 20062 and after consultation with those considered appropriate, in accordance with Article 10A(6) of that Order.

Citation and commencementI11

These Regulations may be cited as the Curriculum (Circumstances in which a Pupil may be Excused from Sexual and Reproductive Health and Rights Education) Regulations (Northern Ireland) 2023 and shall come into operation on 1st January 2024.

Annotations:
Commencement Information
I1

Reg. 1 in operation at 1.1.2024, see reg. 1

InterpretationI22

In these Regulations—

  • the 1986 Order” means the Education and Libraries (Northern Ireland) Order19863;

  • the 2006 Order” means the Education (Northern Ireland) Order 2006;

  • Article 5(1A) education” means education required by Article 5(1A) of the 2006 Order4;

  • grant-aided school” has the meaning at Article 2(2) of the 1986 Order;

  • key stage 3” has the meaning at Article 3(3)(d) of the 2006 Order;

  • key stage 4” has the meaning at Article 3(3)(e) of the 2006 Order;

  • parent” has the meaning at Article 2(2) of the 1986 Order5;

  • pupil” means a person who is receiving education in a grant-aided school in key stage 3 or key stage 4;

  • specified elements of Article 5(1A) education” means age-appropriate, comprehensive and scientifically accurate education on—

    1. a

      prevention of early pregnancy; and

    2. b

      access to abortion.

Annotations:
Commencement Information
I2

Reg. 2 in operation at 1.1.2024, see reg. 1

Circumstances in which a pupil may be excused from Article 5(1A) education or a specified element of that educationI33

1

The circumstances in which a pupil may be excused from Article 5(1A) education at the request of a parent are—

a

the pupil is in year 8, 9, 10 or 11 at a grant-aided school and a parent’s request confirms that Article 5(1A) education is contrary to their wishes; or

b

the pupil is in year 12 at a grant-aided school, a parent’s request confirms that Article 5(1A) education is contrary to their wishes and the pupil does not object to being excused.

2

The circumstances in which a pupil may be excused from a specified element of Article 5(1A) education at the request of a parent are—

a

the pupil is in year 8, 9, 10 or 11 at a grant-aided school and a parent’s request confirms that a specified element of Article 5(1A) education is contrary to their wishes; or

b

the pupil is in year 12 at a grant-aided school, a parent’s request confirms that a specified element of Article 5(1A) education is contrary to their wishes and the pupil does not object to being excused.

3

A parent’s request made under paragraph (1) or (2) shall—

a

be in writing;

b

be addressed to the principal of the grant-aided school at which the pupil is registered6;

c

identify the pupil to whom it relates;

d

specify whether it relates to paragraph (1) (Article 5(1A) education) or paragraph (2) (a specified element of Article 5(1A) education);

e

confirm that the Article 5(1A) education or a specified element of Article 5(1A) education (as the case may be) is contrary to their wishes.

4

Where a pupil has been excused in accordance with this regulation, the excusal remains in force—

a

in the case of Article 5(1A) education until the end of the school year in which the request was made;

b

in the case of a specified element of Article 5(1A) education, until that education has been completed.

Annotations:
Commencement Information
I3

Reg. 3 in operation at 1.1.2024, see reg. 1

Sealed with the Official Seal of the Department of Education on 19th December 2023

(L.S.)Ray CaldwellA senior officer of theDepartment of Education
EXPLANATORY NOTE

(This note is not part of the Regulations)

In accordance with Article 10A(5) of the Education (Northern Ireland) Order 2006, these Regulations set out the circumstances in which a pupil may be excused from age-appropriate, comprehensive and scientifically accurate education on sexual and reproductive health and rights or specified elements of that education which relate to prevention of pregnancy and access to abortion.