The Education and Libraries (Northern Ireland) Order 1986 PART IPRELIMINARY1Title and commencement2InterpretationPART IIEDUCATION AND LIBRARY BOARDS AND COMMITTEES THEREOF3Education and library boards4CommitteesPART IIIPROVISION OF EDUCATIONThe statutory system of education5 Stages and purposes of statutory system of educationPowers and duties of boards in relation to primary and secondary education6Duty of boards to secure provision of primary and secondary education7Provision, maintenance and management of controlled schools by boards8Duties of boards in relation to certain voluntary schools9 Power of boards to assist voluntary grammar schools and direct grant voluntary intermediate schoolsSchool management9A Schemes of management9BPreparation of schemes of management9CApproval or imposition of scheme of management by Department9DRevision of schemes of management10Management of controlled schools11Management of voluntary schools12 Limitation on membership of Boards of Governors13Miscellaneous provisions relating to Boards of GovernorsEstablishment, recognition and discontinuance of, and effecting of changes to, grant-aided schools14Proposals as to primary and secondary education15Establishment and recognition of grant-aided schools16Discontinuance of grant-aided schools17Transfer of voluntary schools17A Regulations as to carrying on of grant‐aided schools18 Standard of school premisesArts. 19, 20 rep. by 1989 NI 20 Religious education in schools21Religious education in controlled and voluntary schools other than nursery and special schools22Duties of teachers in controlled schools as to collective worship and religious instruction23Religious instruction not to be inspected, but complaints to be investigated, by DepartmentArts. 24‐28 rep. by 1989 NI 20 Arts. 29‐34 rep. by 1996 NI 1 Art. 35 rep. by 1987 NI 2 Art. 36 rep. by 1996 NI 1 Recreational, social, physical, cultural and youth service activities37Provision of facilities for recreational, social, physical, cultural and youth service activitiesPART IVINDEPENDENT SCHOOLS38Registration of independent schools39Complaints40Appeals against complaints41Enforcement42Orders made under other enactments43Removal of disqualificationsPART VRIGHTS AND DUTIES OF PARENTS AND PROVISIONS RELATING TO INDIVIDUAL PUPILSGeneral44Pupils to be educated in accordance with wishes of their parents45Duties of parents to secure full-time education for their children46Compulsory school age46ACommencement of secondary education47Presumption as to age48Registration of pupils at school49 Suspension and expulsion of pupilsArt. 49A rep. by 2003 NI 12 Provisions to assist persons to take advantage of educational facilities50Provision of awards by boards51Provision of awards by Department52 Provision of transport for, and payment of travelling expenses of, certain pupils53Provision of board and lodging otherwise than at school54Payment of whole or part of cost of board and lodging otherwise than at school for pupils aged 18 and overArt. 55 rep. by 1997 NI 15 Art. 56 rep. by 1989 NI 20 57Provision of books and materials and payment of examination fees by boardsProvision of food and clothing58Provision of milk, meals and related facilities59Provisions supplementary to Article 5860Provision of clothing etc. for pupils attending certain schools or institutions of further educationMedical and dental inspection and medical examination61Facilities for medical and dental inspection, etc.62Power of Department as to medical examinationEmployment of children and young persons63Adaptation of enactments relating to the employment of children or young persons64Power of boards to prohibit or restrict employment of childrenPART VITEACHERS65Employment of teachers by the Authority 66Training of teachers67Control of numbers, qualifications, etc. of students68Appointment of teachers69 Salaries and other terms and conditions of employment of teachers69APayment of salaries, etc. of teachers70Regulations as to employment of teachers71Interchange of teachers with teachers outside Northern Ireland72Redundancy payments to teachers in certain voluntary schools and in grant‐maintained integrated schoolsPART VIILIBRARY SERVICES73Provision of library services by boards74Development schemes75Standards of library premises76Contributions between boards in respect of library services77Charges for library services78Bye-laws in respect of use of library facilities78A Interpretation of Part VIIPART VIIIADMINISTRATION AND FINANCEAdministration79Payments to members of boards, etc.80Payments in respect of official visits, etc.81Members of a board not to be employed as paid officers of the board82The Staff Commission83Officers of boards84Loans to officers for purchase of motor cars and motor cycles85Prohibition of acceptance of unauthorised fee or reward and duty to disclose pecuniary interest86Insurance against risks by boards87Protection for officers acting in execution of duty88Appointment of non-teaching staff for controlled and maintained schools88ARegulations as to employment of certain non‐teaching staff89Provision of residences by boards90Teachers' residences provided etc. by statutory loan prior to 1st February 1922Art. 91 rep. by 1989 NI 20 91AUse of spare capacity of computers of board92Power of boards as to research and conferences93Contributions to certain bodies94Making of bye-laws by boards95Admission of public to, and facilities for newspaper representatives at, meetings of boards96Notice and information to be given as to meetings of boards97Certain publications to be privileged98Inspection of minutes of proceedings of boards99Determination of disputes between boards100Determination of disputes101Power of Department to give directions102 Inspection of educational and other establishments by Department102ALay personsArt. 103 rep. by 2003 NI 12 Art. 104 rep. by 1987 NI 2 105Acquisition by Department of land106Functions of boards in relation to land107Transfer to board of certain assets of DepartmentArt. 108 rep. by 2005 c. 12 109Power of Head of the Department to appoint advisory bodies or committees110Conduct of examinations by DepartmentFinance111Power of boards to accept gifts112Borrowing powers of boardsArt. 113 rep. by 2003 NI 12 Art. 114 rep. by 2003 NI 12 115 Grants for educational or library services, etc.116Building and equipment grants for voluntary schoolsArts. 117, 118 rep. by 1989 NI 20 Art. 119 rep. by 2003 NI 12 119A Recovery by Department of certain premature retirement compensation costsPart IX (Arts. 120‐126) rep. by 1989 NI 20 PART XMISCELLANEOUS AND GENERAL127Transfer of certain institutions to Department128Use of land provided or maintained under this Order129Publication of notices130Service of notices on, and authentication of notices by, boards131Evidence of documents131A Exceptions for schools established in hospitals132Amendments133Transitional and saving provisions134RegulationsArticle 135—Repeals SCHEDULESSCHEDULE 1NAMES AND AREAS OF EDUCATION AND LIBRARY BOARDSSCHEDULE 2EDUCATION AND LIBRARY BOARDSPART ICONSTITUTION OF BOARDSAppointment of members1. . . . . . . . . . . . . . .Members nominated by district councils2. . . . . . . . . . . . . . .Other members3. . . . . . . . . . . . . . .4. . . . . . . . . . . . . . .Resignation and disqualification of members5. . . . . . . . . . . . . . .6. . . . . . . . . . . . . . .Disclosure of pecuniary interest and relevant family relationships.7. . . . . . . . . . . . . . .Recovery of wrongful gains and remedies against member guilty of reprehensible conduct.8. . . . . . . . . . . . . . .PART IIPROCEEDINGS OF BOARDS9. . . . . . . . . . . . . . .10. . . . . . . . . . . . . . .11. . . . . . . . . . . . . . .12. . . . . . . . . . . . . . .13. . . . . . . . . . . . . . .SCHEDULE 3CONSTITUTION OF TEACHING APPOINTMENTS COMMITTEES AND LIBRARY COMMITTEESPART ITEACHING APPOINTMENTS COMMITTEES1. . . . . . . . . . . . . . .2. . . . . . . . . . . . . . .3. . . . . . . . . . . . . . .4. . . . . . . . . . . . . . .PART IILIBRARY COMMITTEES5. . . . . . . . . . . . . . .SCHEDULE 4MEMBERSHIP OF BOARD OF GOVERNORS OF CONTROLLED SCHOOLSThe Board of Governors of one or more than one controlled school shall consist of—The Board of Governors of one or more than one controlled school shall consist of—1The Board of Governors of one or more than one controlled school shall consist of—Controlled primary schools (other than nursery or integrated schools)2There shall be 9, 16 or 24 voting members appointed to the Board of GovernorsControlled secondary schools (other than controlled grammar or integrated schools or technical secondary schools)3There shall be 9, 16 or 24 voting members appointed to the Board of GovernorsControlled grammar schools (other than controlled integrated grammar schools), controlled nursery schools (other than controlled integrated nursery schools) and special schools4There shall be 8, 16 or 24 voting members appointed to the Board of GovernorsControlled integrated schools5There shall be 14 or 21 voting members appointed to the Board of Governors ofProvisions supplementary to paragraphs 2 to 56WhereInterpretation7In this Schedule—SCHEDULE 5MAINTAINED SCHOOLSPART IMEMBERSHIP OF BOARD OF GOVERNORS OF MAINTAINED SCHOOL1The trustees of a maintained school shall, notwithstanding anything in any instrument of government of2Where this paragraph applies in relation to the membership of the Board of Governors of3Where this paragraph applies in relation to the membership of the Board of Governors of4The coming into force, or termination, of any agreement under paragraph 1 and any consequentialPart II (Paras. 5,6) rep. by 1996PART IIIINTERPRETATION7In this Schedule—SCHEDULE 6MEMBERSHIP OF BOARD OF GOVERNORS OF VOLUNTARY GRAMMAR SCHOOL ENTERING INTO AGREEMENT WITH DEPARTMENT1The trustees of a voluntary grammar school shall, notwithstanding anything in any instrument of government2The trustees of a voluntary grammar school in relation to which an agreement is in3Where an agreement under paragraph 1(1)(a) is in force in relation to a school, paragraph4Where this paragraph applies in relation to the membership of the Board of Governors of5Where this paragraph applies in relation to the membership of the Board of Governors of6The coming into force, or termination, of any agreement under paragraph 1(1) and any consequential7In this Schedule “assistant teacher” has the meaning assigned to it by paragraph 7 ofSCHEDULE 7MEMBERSHIP OF BOARD OF GOVERNORS OF VOLUNTARY GRAMMAR SCHOOL NOT ENTERING INTO AGREEMENT WITH DEPARTMENT OR BOARD1Nothwithstanding anything in any instrument of government of a voluntary grammar school2The Board of Governors of the school shall consist of—3In this Schedule “assistant teacher” has the meaning assigned to it by paragraph 7 ofSchedule 8 rep. by 1996 NI 1SCHEDULE 9TRANSFER OF VOLUNTARY SCHOOLS TO DEPARTMENT1An arrangement for transferring a school to the Department under Article 17 may, subject to2An arrangement under this Schedule may provide for an absolute conveyance to the Department of3An arrangement under this Schedule may also provide for the transfer to the Department of4Where an arrangement is made under this Schedule, it shall be one of the terms5Where any person has any right given him by the trusts of the school to6The Department shall consider and have due regard to any objections and representations respecting a7Where the trust instrument contains any provision for the alienation of the school by any8Where a transfer of a school is made in pursuance of an arrangement under this9Where an arrangement under this Schedule provides for the transfer of a teacher's residence toSchedule 10 rep. by 1989 NI 20Schedule 11 rep. by 1996 NI 1Schedule 12 rep. by 1987 NI 2SCHEDULE 13ENFORCEMENT OF DUTY IMPOSED BY ARTICLE 45 AS TO EDUCATION OF CHILDREN OF COMPULSORY SCHOOL AGEPART ISCHOOL ATTENDANCE ORDERS1If it appears to1ASub-paragraphs (2) to (5) apply where1BSub-paragraphs (2) and (3) apply where2This paragraph applies where a school attendance order is in force in respect of aPART IIDUTY OF PARENT OF REGISTERED PUPIL TO SECURE HIS REGULAR ATTENDANCE AT SCHOOL3Subject to the following provisions of this paragraph, it shall be the duty of aPART IIIOFFENCES, PENALTIES AND ENFORCEMENT4Where a parent on whom a school attendance order has been served fails to comply5Before instituting proceedings against a parent for an offence under paragraph 4(1)6The court before which a prosecution is brought for an offence under paragraph 4 mayPara. 7 rep. by 1995Para. 7 rep. by 19958For the purposes of a prosecution of the parent of a child for an offencePara. 9 rep. by 1995Para. 9 rep. by 199510Proceedings for an offence under this Schedule shall not be taken except by or onSchedule 14 rep. by 1989 NI 20SCHEDULE 15THE STAFF COMMISSION FOR EDUCATION AND LIBRARY BOARDS1. . . . . . . . . . . . . . .2. . . . . . . . . . . . . . .3. . . . . . . . . . . . . . .4. . . . . . . . . . . . . . .5. . . . . . . . . . . . . . .6. . . . . . . . . . . . . . .7. . . . . . . . . . . . . . .8. . . . . . . . . . . . . . .SCHEDULE 16MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLES 105(4) AND 106(2)PART IMODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 105(4)1References to the Ministry concerned or to the council shall be construed as references to2References to the said Schedule 6 shall be construed as references to that Schedule as3Paragraph 1 shall be omitted.4In paragraph 2—5For paragraph 3(1)(ii) there shall be substituted6In paragraph 4 the words from “and may provide” to the end of the paragraph7In paragraph 5—8In paragraph 6(2) for the words “fund out of which the expenses of the council9In paragraph 11(3) the words “in the prescribed form” shall be omitted.10In paragraph 12 in sub-paragraph (1) the words “such” and “as may be prescribed” shall11In paragraph 14(1), the words “in the prescribed form” shall be omitted.12In paragraph 15(1) for the words “in the prescribed form” there shall be substituted the13Paragraph 19 shall be omitted.14In paragraph 20, sub-paragraph (2) shall be omitted.PART IIMODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 106(2)1For any reference to a council or the council or the clerk of the council2For any reference to the Ministry concerned there shall be substituted a reference to the3For any reference to that Act there shall be substituted a reference to this Order.4Any references to that Schedule shall be construed as references to that Schedule as modified5For any reference to a matter prescribed by regulations made by the Department of the6In paragraphs 2(c) and 5(2) for the words “as may be prescribed” there shall be7Paragraph 19 shall be omitted.Schedule 17 rep. by 1989 NI 20Schedule 18—AmendmentsSCHEDULE 19TRANSITIONAL PROVISIONSGeneral1In so far as anything done or having effect as if done under or in2Where any period of time specified in any provision repealed by this Order is currentSchool management3This paragraph applies to a voluntary grammar school the trustees or governing body of which4This paragraph applies to a voluntary grammar school, the trustees or governing body of whichPara. 5 rep. by 1996Para. 5 rep. by 1996Para. 5 rep. by 1996Para. 6 rep. by 1993Para. 6 rep. by 1993Schedule 20—RepealsStatutory Instruments1986 No. 594 (N.I. 3)The Education and Libraries (Northern Ireland) Order 1986 F126th March 1986