Education (Certified Contracts) Regulations (Northern Ireland) 1999

Statutory Rules of Northern Ireland

1999 No. 10

EDUCATION

Education (Certified Contracts) Regulations (Northern Ireland) 1999

Made

12th January 1999

Coming into operation

15th February 1999

The Department of Education, in exercise of the powers conferred on it by Articles 88(3), 90 (3) and paragraphs 2(2)(e) and (f) and 2(3) Of Schedule 4 to the Education (Northern Ireland) Order 1998 (1) and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Education (Certified Contracts) Regulations (Northern Ireland) 1999 and shall come into operation on 15th February 1999.

Copies of Certificates

2.  A board shall ensure that a copy of every certificate issued by it is given to each of the persons with whom the board has entered, or is to enter, into the contract in relation to which the certificate is issued, and to the Comptroller and Auditor General for Northern Ireland.

Matters to be dealt with in a manner prescribed by regulations

3.—(1) Where, in relation to any contract, a board–

(a) States in a certificate that it had or has power to enter into the contract; and

(b) Specifies that the statutory provision, or one of the statutory provisions, conferring power on it to do so in paragraph 13 of Schedule 2 to the Education Libraries (Northern Ireland) Order 1986(2), or Article 106 of that Order,

the board shall also specify the principal statutory provision which conferred upon it the functions for the purposes of which it entered into the contract.

(2) For the purposes of this regulation, in relation to a contract, a function is a relevant function if the contract is calculated to facilitate, or is conducive or incidental to, the discharge of the function.

Signature of certificates

4.  A board which is under the duty imposed by Article

3(1)(a) of the Education and Libraries (Northern Ireland) Order 1986 to designate one of its officers as chief officer of the board shall ensure that a certificate issued is signed by that designated chief officer.

Sealed with the Official Seal of the Department of Education on

L.S.

Alan McVeigh

Assistant Secretary

12th January 1999.

Explanatory Note

(This note is not part of the Regulations.)

These Regulations make provision in connection with the certification requirements which have to be satisfied in relation to a contract which is to be certified for the purposes of Article 88 of the Education (Northern Ireland) Order 1998.

Regulation 2 prescribes the persons to whom a board is required to give a copy of a certificate. Every board must give a copy of any certificate issued by it to each person with whom the contract has been, or is to be, entered into and to the person responsible for auditing the board’s accounts.

Regulation 3 prescribes matters which a board is required to deal with in a certificate where it is stated in the certificate that the statutory provision, or one of the statutory provisions, conferring the power to enter into the contract for which the certificate is given is paragraph 13 of Schedule 2 to the Education and Libraries (Northern Ireland) Order 1986, or Article 106 of that Order.

Regulation 4 makes provision about the signature of a certificate issued with respect to a contract. A certificate issued by a board must be signed by the chief officer designated by the board concerned.

(1)

S.I. 1998/1759 (N.I.13)

(2)

S.I. 1986/594 (N.I. 3)