The Education and Libraries (Northern Ireland) Order 1986

Proposals as to primary and secondary education N.I.

14.—(1) Where [F1 the Authority] proposes—

(a) to establish a new controlled school[F2 , other than a controlled integrated school];

(b) to have an existing school recognised as a[F2 controlled school, other than a controlled integrated] school;

(c) to discontinue a controlled school;

(d) to make a significant change in the character or size of a controlled school;

(e) to make any other change in a controlled school which would have a significant effect on another grant-aided school,

[F1 the Authority] shall submit the proposal to the Department.

(2) Where a person other than [F1 the Authority] proposes—

(a) to establish a new voluntary school;

(b) to have an existing school recognised as a[F2 voluntary] school;

(c) to discontinue a voluntary school;

(d) to make a significant change in the character or size of a voluntary school;

(e) to make any other change in a voluntary school which would have a significant effect on another grant-aided school,

[F2 then—

(i) where the school is, or is proposed to be established or recognised as, a Catholic maintained school, the person making the proposal shall submit it to the Council for Catholic Maintained Schools which, after making such modifications (if any) as may be agreed with the person making the proposal, shall submit the proposal to [F1 the Authority] F3 ... together with the Council's views thereon;

(ii) in any other case, the person making the proposal shall submit the proposal to [F1 the Authority] F3 ...,

and [F1 the Authority] shall submit the proposal to the Department together with its views thereon and, in a case to which head (i) applies, the Council's views thereon.]

(3) It shall, where the Department so directs, be the duty of [F1 the Authority] to submit to the Department a proposal—

(a) to establish a new controlled school[F2 , other than a controlled integrated school];

(b) that a controlled or voluntary school should be discontinued;

(c) that a significant change should be made in the character or size of a controlled or voluntary school.

(4) A proposal under paragraph (1), (2) or (3) shall be in such form and contain such particulars as may be required by the Department.

[F4 (5) Before a proposal concerning an existing school is submitted to [F1 the Authority] under paragraph (2), the person making the proposal shall consult the following persons (or representatives of them)—

(a) the Board of Governors of the school concerned;

(b) the teachers employed at that school; and

(c) the parents of registered pupils at that school.

(5A) Before a proposal concerning an existing school is submitted to the Department by [F1 the Authority] under paragraph (1) or (3), [F1 the Authority] shall consult the following persons (or representatives of them)—

(a) the Board of Governors of the school concerned;

(b) the teachers employed at that school; and

(c) the parents of registered pupils at that school.

(5B) Before a proposal concerning any school is submitted to the Department by [F1 the Authority] under paragraph (1), (2) or (3), [F1 the Authority] shall consult the trustees and managers (or representatives of them) of any other school which would, in the opinion of [F1 the Authority] , be affected by the proposal.]

(6) A board, after submitting a proposal to the Department under paragraph (1), (2) or (3), shall—

(a) forthwith furnish to the trustees and managers of every school which would, in the opinion of [F1 the Authority] , be affected by the proposal such particulars of the proposal as are sufficient to show the manner in which the school would be affected;

(b) forthwith publish by advertisement in one or more newspapers circulating in the area affected by the proposal a notice stating the nature of the proposal, that the proposal has been submitted to the Department, that a copy of the proposal can be inspected at a specified place and that objections to the proposal can be made to the Department within two months of the date specified in the advertisement, being the date on which the advertisement first appears;

(c) furnish to any person, on application, a copy of the proposal on payment of such reasonable sum as [F1 the Authority] may determine.

(7) Subject to Article 15(3), the Department, after considering any objections to a proposal made to it within the time specified in the notice under paragraph (6)(b), may, after making such modification, if any, in the proposal as, after consultation with [F1 the Authority] or person making the proposal[F2 and, in a case to which paragraph (2)(i) applies, the Council for Catholic Maintained Schools], it considers necessary or expedient, approve the proposal and inform [F1 the Authority] or person accordingly.

(8) In relation to a proposal made under paragraph (3), paragraph (7) shall have effect with the substitution for the references to the person making the proposal of references to the trustees and managers of the school to which the proposal relates.

(9) A proposal under paragraph (1), (2) or (3) shall not be implemented until it has been approved by the Department.

[F5 (9A) Subject to paragraph (9B), where a proposal under paragraph (1), (2) or (3) is approved by the Department after 1st April 1987, it shall be the duty of [F1 the Authority] or person making the proposal to implement the proposal.

(9B) The Department may modify any proposal which is required to be implemented under paragraph (9A), but shall not do so except at the request of [F1 the Authority] or person making the proposal.]

[F2 (9C) Where the Department approves under paragraph (9) a proposal submitted to [F1 the Authority] under paragraph (2)(i) by the Council for Catholic Maintained Schools, it shall be the duty of the Department to make such amendments (if any) to the scheme under Article 141(4) of the 1989 Order as appear to the Department to be necessary or expedient in connection with the implementation of that proposal.]

(10) Any dispute as to whether, for the purposes of this Article, a change is a significant change or would have a significant effect on another grant-aided school shall be determined by the Department.

F1 Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 1(1)(a) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)

F2 1989 NI 20

F3 Words in art. 14(2)(i)(ii) repealed (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 4 (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)

F4 2003 NI 12

F5 1987 NI 2