The Education and Libraries (Northern Ireland) Order 1986

Miscellaneous provisions relating to Boards of Governors N.I.

13.—(1) The proceedings of a Board of Governors [F1 of a grant‐aided school] shall not be invalidated by any vacancy among its members or by any defect in the appointment, election or nomination of any member.

(2) Without prejudice to the generality of paragraph (1), where[F1 members of the Board of Governors of a grant‐aided school] are required to be elected or nominated by other persons then if, for whatever reason, such members have not yet[F1 been], or cannot be, so elected or nominated the Board of Governors shall notwithstanding such vacancies be regarded as fully constituted.

(3) Nothing in paragraph (1) or (2) affects the operation of any provision relating to the quorum for meetings of a Board of Governors.

[F1 (3A) Where, at any grant‐aided school,—

(a) one or more vacancies for parent members are required to be filled by election; and

(b) the number of parents standing for election as parent members is less than the number of vacancies,

the required number of parent members shall be made up by persons appointed by the voting members of the Board of Governors of the school.

[F2 (3AA) [F3 Where, in relation to a school established in a hospital, the Authority is of the opinion that] it is likely to be impracticable for there to be elections of parent members at the school, the required number of parent members may be made up by persons appointed by the voting members of the Board of Governors of the school.]

(3B) Where it is reasonably practicable to do so, it shall be the duty of the voting members of the Board of Governors in appointing any person under paragraph (3A)[F2 or (3AA)] to appoint a person who is the parent of a registered pupil at the school.

(3C) In paragraph (3A)[F2 or (3AA)] “parent member” means a member of the Board of Governors of a grant‐aided school who but for that paragraph would be required to be elected by parents of [F4 registered pupils at] the school from amongst the parents of such pupils.

(3D) A person appointed under paragraph (3A)[F2 or (3AA)] shall for all purposes of the Education Orders except Schedule 8 to the 1989 Order be treated as if he had been duly elected as a member of the Board of Governors by parents of [F4 registered pupils at] the school.

(3E) In paragraphs (3A)[F2 , (3AA)] and (3B) “voting members” has the meaning assigned to it by Article 122(3) of the 1989 Order.]

(4) An assistant teacher elected as a member of the Board of Governors of one or more than one[F1 grant‐aided] school shall, on ceasing to be an assistant teacher at the school or one of the schools, cease to hold office as a member of the Board of Governors.

(5) A parent elected as a member of the Board of Governors of one or more than one[F1 grant‐aided] school shall not by reason only of ceasing to be a parent of a [F5 registered pupil at] the school or one of the schools cease to hold office as a member of the Board of Governors.

(6) Where the principal of a[F1 grant‐aided] school is absent or otherwise unavailable, the Board of Governors of the school may invite the vice-principal or other person for the time being performing the duties of the principal to attend a meeting of the Board of Governors; and any person so invited shall be entitled to attend and take part in the meeting but not to vote on any question.

[F1 (7) Any question as to the right of any person to be, or to appoint or nominate, a member of the Board of Governors of a grant‐aided school shall be decided by the Department whose decision shall be final.]

F1 1989 NI 20

F2 1993 NI 12

F3 Words in art. 13(3AA) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 9(5) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)

F4 Words in art. 13(3C)(3D) substituted (23.3.2007) by Education (Northern Ireland) Order 2006 (S.I. 2006/1915 (N.I. 11)), arts. 1(4)(c), 44(1), Sch. 2 para. 23(a); S.R. 2007/197, art.2(a)

F5 Words in art. 13(5) substituted (23.3.2007) by Education (Northern Ireland) Order 2006 (S.I. 2006/1915 (N.I. 11)), arts. 1(4)(c), 44(1), Sch. 2 para. 23(b); S.R. 2007/197, art. 2(a)