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The Education and Libraries (Northern Ireland) Order 1986, Cross Heading: Finance is up to date with all changes known to be in force on or before 21 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Order (including any effects on those provisions):
111.—(1) Subject to paragraph (2), [F1the Authority] may be constituted trustees for any endowment or charity for the purposes of any of its functions under[F2 the Education Orders] whether the endowment was established before or after the date of the coming into operation of this Article and, subject to Article 106, [F1the Authority] shall have power to accept any real or personal property given to it as an endowment or upon trust for any of the aforesaid purposes.
(2) Paragraph (1) shall not enable [F1the Authority] to be trustees for or to accept any endowment, charity or trust, the purposes of which are inconsistent with the provisions of[F2 the Education Orders] or the principles on which [F1the Authority] is required to conduct schools provided by it.
F1Words 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)
F3112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3Art. 112 repealed (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 4 (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
Art. 113 rep. by 2003 NI 12
Art. 114 rep. by 2003 NI 12
115 .F5—F6(1) Subject to paragraph (3), the Department may, in accordance with regulations made with the approval of the Department of Finance and Personnel, pay grants to persons in respect of expenditure incurred or to be incurred by them—
(a)for the purposes of, or in connection with, the provision (or proposed provision) of—
(i)educational F7. . . services; or
(ii)recreational, social, cultural, physical or youth service activities or services ancillary to education;
(b)for the purposes of research relevant to the functions of the Department or of boards under the Education Orders.
(2) Regulations under paragraph (1) may prescribe the rates of grants which may be paid under that paragraph.
(3) The Department shall not pay grants under this Article to—
(a)[F1the Authority] ; or
(b)the trustees or managers of—
(i)a voluntary school; or
(ii)a grant‐maintained integrated school.
[F8or]
[F8(c)the governing body of an institution of further education;]
(4) Paragraph (5) applies where—
(a)the Department has, after the coming into operation of Article 159 of the 1989 Order, paid a grant under this Article to a person in respect of expenditure incurred or to be incurred by him for the provision or alteration of premises; and
(b)those premises cease to be used for approved purposes.
(5) Where this paragraph applies there shall be payable to the Department by the person to whom the grant was paid or his successor in title such sum as the Department considers equitable but not exceeding such proportion of the value of the premises as the proportion that the amount of the grant was of the approved cost of the provision or alteration of the premises together with interest on that sum from the date on which the premises ceased to be used for approved purposes until the date of payment to the Department.
(6) For the purposes of paragraph (5) the value of premises shall be taken to be the amount which the premises might be expected to realise if sold in the open market on the date on which the premises ceased to be used for approved purposes and where the Department certifies that it is not possible to reach agreement as to such value, the dispute as to such value may be referred to and determined by the Lands Tribunal for Northern Ireland.
(7) For the purposes of paragraph (5) interest shall be at such rate as may from time to time be determined by the Department of Finance and Personnel under paragraph 18(2) of Schedule 6 to the Local Government Act (Northern Ireland) 1972.
(8) Any sum payable or repayable to the Department under this Article may be recovered as a debt due to the Department.]
F1Words 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)
F5certain functions transf. by SR 1999/481
F6for certain purposes functions transf. by SR 2001/229
F7Words in art. 115(1)(a)(i) repealed (1.4.2009) by Libraries Act (Northern Ireland) 2008 (c. 8), ss. 10(2), 12(2), Sch. 4; S.R. 2009/123, art. 2(g)
116. F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9Art. 116 repealed (31.5.2009) by Education (Northern Ireland) Order 1998 (S.I. 1998/1759 (N.I. 13)), arts. 1(3)(h), 91(2)(3), Sch. 6 Pt. II; S.R. 2009/183, art. 3(e)(i)
Arts. 117, 118 rep. by 1989 NI 20
Art. 119 rep. by 2003 NI 12
119A.—(1) Where the Department becomes liable to pay premature retirement compensation in relation to a member of the staff of a special school, the Department may, where there appears to the Department to be good reason to do so, direct that—
(a)a specified amount shall be charged to [F11the Authority] in any single specified financial year; or
(b)a specified amount shall be charged to [F12the Authority] in each financial year for such period (not exceeding 10 years) as may be specified,
in respect of premature retirement compensation costs of the Department in relation to that member of staff.
(2) In paragraph (1)—
F13...
“specified” means specified in directions under that paragraph.
(3) The amount or (in a case falling within sub-paragraph (b) of that paragraph) the total amount charged to [F1the Authority] in pursuance of a direction given under paragraph (1) in relation to a member of the staff of a special school shall not exceed such amount as appears to the Department to represent the cost, capitalised as of the date on which the direction is given, of discharging the Department's liability to pay premature retirement compensation to, or in respect of, that member of staff.
(4) Where [F1the Authority] becomes liable to pay premature retirement compensation in relation to a member of the staff of—
(a)a controlled school which does not have a delegated budget under[F14Part VII of the Education (Northern Ireland) Order 1998];F15. . .
Sub‐para. (b) rep. by 1997 NI 15
the Department may, where there appears to the Department to be good reason to do so, direct that—
(i)a specified amount shall be charged to [F1the Authority] in any single specified financial year; or
(ii)a specified amount shall be charged to [F1the Authority] in each financial year for such period (not exceeding 10 years) as may be specified,
in respect of premature retirement compensation costs of [F1the Authority] in relation to that member of staff.
(5) In paragraph (4) “specified” means specified in directions under that paragraph.
(6) For the purposes of paragraph (4)—
(a)a controlled school does not have a delegated budget during any period when the right of the Board of Governors of that school to such a budget is suspended under[F16Article 55 of the Education (Northern Ireland) Order 1998];
Sub‐para. (b) rep. by 1997 NI 15
(7) The amount or (in a case falling within sub-paragraph (ii) of that paragraph) the total amount charged to [F1the Authority] in pursuance of a direction given under paragraph (4) in relation to a member of the staff of a schoolF15. . . shall not exceed such amount as appears to the Department to represent the cost, capitalised as of the date on which the direction is given, of discharging [F17the Authority's] liability to pay premature retirement compensation to, or in respect of, that member of staff.
(8) Where the Department becomes liable to pay premature retirement compensation in relation to a person employed otherwise than at a grant-aided schoolF15. . . , the Department may, where there appears to the Department to be good reason to do so, direct that—
(a)a specified amount shall be charged to the employer of that person in any single specified financial year; or
(b)a specified amount shall be charged to the employer of that person in each financial year for such period (not exceeding 10 years) as may be specified,
in respect of premature retirement compensation costs of the Department in relation to that employee.
(9) In paragraph (8) “specified” means specified in directions under that paragraph.
(10) The amount or (in a case falling within sub-paragraph (b) of that paragraph), the total amount charged to an employer in pursuance of a direction given under paragraph (8) in relation to an employee shall not exceed such amount as appears to the Department to represent the cost, capitalised as of the date on which the direction is given, of discharging the Department's liability to pay premature retirement compensation to, or in respect of, that employee.
(11) Any amount charged by the Department to [F1the Authority] or an employer under this Article in any financial year shall be payable by [F1the Authority] or employer to the Department at such time or times and in such manner as the Department may direct.
(12) In this Article—
“member of staff” includes former member of staff;
“premature retirement compensation” means compensation under Parts III and IV of the Teachers' (Compensation for Redundancy and Premature Retirement) Regulations (Northern Ireland) 1991;
“premature retirement compensation costs of [F1the Authority] ”, in relation to any person, means the costs incurred or to be incurred by [F1the Authority] in paying premature retirement compensation to, or in respect of, that person;
“premature retirement compensation costs of the Department”, in relation to any person, means the costs incurred or to be incurred by the Department in paying premature retirement compensation to, or in respect of, that person.]
F1Words 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)
F11Words in art. 119A(1)(a) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 9(14) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F12Words in art. 119A(1)(b) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 9(14) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F13Words in art. 119A(2) 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)
F14Words in art. 119A(4)(a) substituted (31.5.2009) by Education (Northern Ireland) Order 1998 (S.I. 1998/1759 (N.I. 13)), arts. 1(3)(g), 91(1), Sch. 5 Pt. II; S.R. 2009/183, art. 3(d)
F16Words in art. 119A(6) substituted (31.5.2009) by Education (Northern Ireland) Order 1998 (S.I. 1998/1759 (N.I. 13)), arts. 1(3)(g), 91(1), Sch. 5 Pt. II; S.R. 2009/183, art. 3(d)
F17Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 1(1)(b) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)
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