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The Education and Libraries (Northern Ireland) Order 1986
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The Education and Libraries (Northern Ireland) Order 1986, Section 94 is up to date with all changes known to be in force on or before 26 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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Changes and effects yet to be applied to Article 94:
- art.77(3) revoked by S.I. 1996/2967 reg.11(7)
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- art.77(3) revoked by S.I. 1996/2967 reg.11(7)
Making of bye-laws by boardsN.I.
94.—(1) It shall be the duty of [F1the Authority] to make bye-laws providing for any matter required by this Order to be so provided and to enforce bye-laws made by it under this Order.
(2) Bye-laws made under this Order may provide for the imposing on persons contravening the bye-laws reasonable fines, recoverable on summary conviction, not exceeding level 2 on the standard scale and in the case of a continuing offence £2 for each day on which the offence continues after conviction.
(3) A bye-law made under this Order shall not come into operation until it has been confirmed by the Department.
(4) A board not less than one month before submitting a proposed bye-law for the confirmation of the Department shall—
(a)deposit a draft of the proposed bye-law at the headquarters of [F1the Authority] and at such other place or places as the Department may direct;
(b)publish notice of the deposit in accordance with the provisions of Article 129;
(c)permit any person to inspect the deposited copy at all reasonable times without payment;
(d)furnish to any person, on application, a copy of the proposed bye-law, or of any part thereof, on payment of such reasonable sum as [F1the Authority] may determine.
(5) The Department before confirming a bye-law shall be satisfied that the provisions of paragraph (4)(a) and (b) have been complied with and shall cause such inquiry, if any, to be made F2... as the Department thinks requisite.
(6) A copy of bye-laws when confirmed shall be printed and deposited at the headquarters of [F1the Authority] F3... and in such other place or places as the Department may direct and shall at all reasonable hours be open to public inspection without payment and a copy thereof shall, on application, be furnished to any person on payment of such reasonable sum as [F1the Authority] determines.
(7) A copy of any bye-law made by [F1the Authority] under this Order certified and signed by the[F4 chief executive] of [F1the Authority] or, in his absence, such other officer as [F1the Authority] authorises to be a true copy and to have been duly confirmed shall, until the contrary is proved, be evidence in all legal proceedings of the due making, confirmation and existence of such bye-law without further or other proof.
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)
F2Words in art. 94(5) 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)
F3Words in art. 94(6) 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)
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