PART IIIN.I.PROVISION OF EDUCATION
The statutory system of educationN.I.
[F1Stages and purposes of statutory system of educationN.I.
5.—(1) The statutory system of public education shall be organised in three stages, namely—
(a)primary education;
(b)secondary education; and
(c)further education.
(2) It shall be the duty of a board (so far as its powers extend) to contribute towards the spiritual, moral, cultural, intellectual and physical development of the community by securing that efficient primary education and secondary education are available to meet the needs of its area.
(3) The Further Education (Northern Ireland) Order 1997 confers functions with respect to further education.]
Powers and duties of boards in relation to primary and secondary educationN.I.
Duty of boards to secure provision of primary and secondary educationN.I.
6.—(1) Subject to paragraph (2), each board shall secure that there are available in its area sufficient schools for providing primary and secondary education and the schools available for an area shall not be deemed to be sufficient unless they are sufficient in number, character and equipment to afford for all pupils opportunity for education offering such variety of instruction and training as may be desirable in view of their different ages, abilities and aptitudes, and of the different periods for which they may be expected to remain at school, including practical instruction and training appropriate to their respective needs and, without prejudice to the generality of the foregoing provisions of this Article, a board in fulfilling its duties under this Article shall in particular have regard to—
(a)the need for securing that special educational provision is made for pupils who have special educational needs;
(b)the expediency of securing the provision of boarding accommodation, either in boarding schools or otherwise, for pupils for whom education as boarders is considered by their parents and by the board to be desirable.
[F2(1A) In fulfilling its duty under this Article to secure that there are available in its area sufficient schools for providing secondary education a board shall have regard to any facilities for full time education which are—
(a)provided for senior pupils in an institution of further education; and
(b)available for use by such pupils living in its area.]
(2) Each board may provide nursery schools or nursery classes in other controlled schools; and Article 7 shall apply to any provision made by a board under this paragraph.
Para. (3) rep. by 1998 NI 13
Para. (4) rep. by 1996 NI 1
Provision, maintenance and management of controlled schools by boardsN.I.
7. For the purposes of fulfilling its duties under[F3 the Education Orders], a board may provide primary, secondary and special schools[F4 within] its area and shall maintain and manage any such school provided by it or transferred to its management by Article 7(2) of the 1972 Order.
F5Duties of boards in relation to certain voluntary schoolsN.I.
8.—(1) Subject to and in accordance with regulations, a board shall, in relation to a maintained school, be responsible for the maintenance of the school premises, for providing and replacing equipment, for employing in accordance with Article 88 persons, other than teachers, required in or about the school and for meeting the cost of doing all such other things as may be necessary for the carrying on of the school except meeting the cost of—
(a)providing new or altering existing school premises;
Sub‐paras. (b) and (c) rep. by 1989 NI 20
but such responsibility shall not extend to any part of the school premises used wholly or mainly for boarding purposes or to any expenses incurred in carrying on such part.
[F6(1A) Paragraph (1) does not impose on a board responsibility for any matter which under an approved contract entered into by the trustees of a school maintained by it is the responsibility of the contractor.
(1B) A board shall be responsible for meeting the costs of the trustees of a school maintained by it on foot of an approved contract, and may, for the purposes of this paragraph, make grants to those trustees on such conditions (including conditions as to repayment) as it may determine with the approval of the Department.]
Paras. (2)‐(4) rep. by 1996 NI 1
(5) Any question which may arise as to the responsibility or functions of a board under this Article shall be referred to the Department whose decision thereon shall be final.
(6) In this Article “board” in relation to a school means the board for the area in which the school is situated or such other board as the Department may determine.
F5prosp. rep. by 1998 NI 13
F7Power of boards to assist voluntary grammar schools and direct grant voluntary intermediate schoolsN.I.
9.—[F8(1)] A board, with the approval of the Department, may—
(a)give assistance, other than financial assistance, to the trustees or Board of Governors of a voluntary grammar schoolF8. . . ; and
(b)give financial assistance to the trustees or Board of Governors of a voluntary grammar school,[F9 in relation to which an agreement with the board is in force under paragraph 2 of Schedule 6.]
[F8(2) A board, with the approval of the Department, may give financial or other assistance to the Board of Governors of a grant‐maintained integrated school on such terms and conditions as may be arranged between the board and the Board of Governors of the school.]
School managementN.I.
[F10Schemes of managementN.I.
9A.—(1) For every grant‐aided schoolF11. . . there shall be a scheme (to be known as a “scheme of management”) providing for—
(a)the membership and procedure of the Board of Governors of the school;
(b)the management of the school, and in particular the functions to be exercised in relation to the school by the Board of Governors, the principal and any other person or body specified in the scheme;
(c)such other matters as are required or authorised by the Education Orders to be included in or regulated by the scheme of management.
(2) The scheme of management for a grant‐aided school may provide for the establishment by the Board of Governors of the school of committees (whether or not including persons who are not members of the Board of Governors) and for—
(a)the membership and procedure of such committees;
(b)the delegation to such committees of such functions of the Board of Governors of the school as may be specied in or determined in accordance with the scheme.
(3) The scheme of management for a grant‐aided school may provide for the delegation to the principal of the school of such functions of the Board of Governors as may be specified in or determined in accordance with the scheme.
(4) The scheme of management for a grant‐aided school shall—
(a)contain no provision which is inconsistent with any provision of the Education Orders or any other statutory provision;
(b)except in so far as any provision of the Education Orders requires or authorises, comply with any instrument of government of the school.
(5) The scheme of management for—
(a)a controlled integrated school, shall be a scheme applying only to that school;
(b)any other controlled school, may be either a scheme applying only to that school or a scheme applying to that school and to other controlled schools, all being schools specified, or of a description specified, in the scheme.
(6) The scheme of management for a Catholic maintained school may be a scheme applying only to that school or a scheme applying to that school and to other Catholic maintained schools, all being schools specified, or of a description specified, in the scheme.
Para. (7) rep. by 1993 NI 12]
Preparation of schemes of managementN.I.
9B.—(1) It shall be the duty of a board to prepare a scheme or schemes of management for controlled schools under the management of the board; but before preparing a scheme of management applying to any school the board shall consult the Board of Governors of that school.
(2) It shall be the duty of a board, after consultation with the managers or trustees of a maintained school (other than a Catholic maintained school) maintained by it, to prepare a scheme of management for the school.
(3) It shall be the duty of the Council for Catholic Maintained Schools to prepare a scheme or schemes of management for Catholic maintained schools; but before preparing a scheme of management applying to any school the Council shall consult the trustees or managers of the school and the board by which the school is maintained.
[F12(4) It shall be the duty of the Board of Governors of a voluntary school (other than a maintained school) to prepare a scheme of management for the school.]
(5) It shall be the duty of the Board of Governors of a grant‐maintained integrated school to prepare a scheme of management for the school.
(6) In preparing a scheme of management under this Article a body or person shall take into account any guidance given by the Department as to the provisions it regards as suitable for inclusion in that scheme.
(7) The Department shall publish any guidance given by it for the purposes of this Article in such manner as it thinks fit.
Approval or imposition of scheme of management by DepartmentN.I.
9C.—(1) Every body or person required by Article 9B to prepare a scheme of management shall, on or before such date as the Department may direct, submit the scheme to the Department for its approval, and in this Article and Article 9D “the submitting authority”, in relation to a scheme, means the body by which or person by whom the scheme is required to be prepared.
(2) In the case of a scheme prepared under paragraph (1) or (3) of Article 9B the submitting authority shall also submit to the Department such information as to the results of consultations under that paragraph as the Department may require.
(3) A scheme of management submitted under paragraph (1) shall not come into operation until it has been approved by the Department or until such date as the Department may, in giving its approval, specify; and the Department may approve such a scheme either without modifications or with such modifications as it thinks fit after consulting the submitting authority.
(4) Where—
(a)a submitting authority fails to submit a scheme to the Department as required by paragraph (1); or
(b)it appears to the Department that a scheme submitted by a submitting authority as required by that paragraph does not accord with any guidance given by it for the purposes of Article 9B and cannot be made to do so merely by modifying it,
the Department may impose a scheme of management making such provision of a description required or authorised to be made by a scheme of management as it considers appropriate.
(5) A scheme of management imposed by the Department by virtue of paragraph (4)—
(a)shall be treated for all purposes as if it had been prepared by the submitting authority and approved by the Department under this Article; and
(b)shall come into operation on such date as may be specified therein.
(6) Before imposing a scheme under paragraph (4) the Department shall consult the submitting authority and—
(a)in the case of a scheme of management applying to a controlled school or controlled schools, the Board of Governors of the school or schools to which the scheme applies;
(b)in the case of a scheme of management applying to a maintained school (other than a Catholic maintained school) the managers or trustees of the school; and
(c)in the case of a scheme of management applying to a Catholic maintained school or schools, the managers or trustees of the school or schools to which the scheme applies and the board or boards by which any such school is maintained.
(7) The Council for Catholic Maintained Schools shall provide each board with a copy of the scheme or schemes of management approved under this Article and applying to the Catholic maintained schools maintained by that board.
Revision of schemes of managementN.I.
9D.—(1) A submitting authority may at any time, and shall if the Department so directs, prepare a revised scheme of management and submit it to the Department for its approval.
(2) Article 9B(6) and (7) shall apply in relation to the preparation of a revised scheme of management as it applies in relation to the preparation of the initial scheme.
(3) A revised scheme of management submitted under paragraph (1) shall not come into operation until it has been approved by the Department or until such date as the Department may, in giving its approval, specify; and the Department may approve such a scheme either without modications or with such modications as it thinks fit after consulting the submitting authority.
Management of controlled schoolsN.I.
10.—[F13(1) Subject to paragraph (2), a board shall make provision by means of a Board of Governors to be appointed by the board for the management of each controlled school under its managementF14. . . .
(2) Two or more controlled primary schools, other than controlled integrated primary schools or nursery schools, under the management of a board may, if the board so determines and the Department approves, be grouped under one Board of Governors.
(3) The scheme of management for a controlled school—
(a)shall, in so far as it relates to the membership of the Board of Governors of the school, comply with the provisions of Schedule 4;
(b)may provide for the carrying out by the Board of Governors in relation to the school of specified functions on behalf of, and in the name of, the board.]
Para. (4) rep. by 1989 NI 20
F15(5) A Board of Governors shall, when carrying out specified functions on behalf of, and in the name of, the board, be regarded as a committee of the board but shall not be so regarded for any other purpose and the functions of a Board of Governors in relation to the appointment of teachers under Schedule 14 or the appointment of other staff under Article 88 shall not be regarded as being carried out on behalf of, or in the name of, the board.
[F16Management of voluntary schoolsN.I.
11.—(1) Subject to paragraph (3), each voluntary school shall be under the control and management of a Board of Governors.
(2) Subject to paragraph (3), each maintained school shall be under the control and management of a Board of Governors constituted in accordance with the provisions of Part I of Schedule 5F17. . . .
(3) Two or more maintained primary schools, other than nursery schools, may be grouped under one Board of Governors where the trustees or Board of Governors of each school so requests and—
(a)in the case of Catholic maintained schools, the Council for Catholic Maintained Schools, with the approval of the Department, so determines; and
(b)in the case of other maintained schools, the board, with the approval of the Department, so determines.
(4) Each voluntary grammar school in relation to which an agreement under paragraph 1 of Schedule 6 is in force shall be under the control and management of a Board of Governors constituted in accordance with the provisions of Schedule 6.
(5) Each voluntary grammar school in relation to which no agreement under paragraph 1 of Schedule 6 is in force shall be under the control and management of a Board of Governors constituted in accordance with the provisions of Schedule 7.
Para. (6) rep. by 1996 NI 1]
[F18Limitation on membership of Boards of GovernorsN.I.
12. Except with the approval of the Department, no person shall at the same time hold office as a member of more than three Boards of Governors of grant‐aided schools.]
Miscellaneous provisions relating to Boards of GovernorsN.I.
13.—(1) The proceedings of a Board of Governors[F19 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[F19 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[F19 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.
[F19(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.
[F20(3AA) Where in the opinion of the board responsible for the management of a school established in a hospital 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)[F20 or (3AA)] to appoint a person who is the parent of a registered pupil at the school.
(3C) In paragraph (3A)[F20 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 pupils attending the school from amongst the parents of such pupils.
(3D) A person appointed under paragraph (3A)[F20 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 pupils attending the school.
(3E) In paragraphs (3A)[F20, (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[F19 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[F19 grant‐aided] school shall not by reason only of ceasing to be a parent of a pupil attending 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[F19 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.
[F19(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.]
Establishment, recognition and discontinuance of, and effecting of changes to, grant-aided schoolsN.I.
Proposals as to primary and secondary educationN.I.
14.—(1) Where a board proposes—
(a)to establish a new controlled school[F21, other than a controlled integrated school];
(b)to have an existing school recognised as a[F21 controlled school, other than a controlled integrated] school;
(c)to discontinue a controlled school;
(d)to make a significant change in the character or size of a controlled school;
(e)to make any other change in a controlled school which would have a significant effect on another grant-aided school,
the board shall submit the proposal to the Department.
(2) Where a person other than a board proposes—
(a)to establish a new voluntary school;
(b)to have an existing school recognised as a[F21 voluntary] school;
(c)to discontinue a voluntary school;
(d)to make a significant change in the character or size of a voluntary school;
(e)to make any other change in a voluntary school which would have a significant effect on another grant-aided school,
[F21then—
(i)where the school is, or is proposed to be established or recognised as, a Catholic maintained school, the person making the proposal shall submit it to the Council for Catholic Maintained Schools which, after making such modifications (if any) as may be agreed with the person making the proposal, shall submit the proposal to the board for the area in which the school is, or is to be, situated together with the Council's views thereon;
(ii)in any other case, the person making the proposal shall submit the proposal to the board for the area in which the school is, or is to be, situated,
and that board shall submit the proposal to the Department together with its views thereon and, in a case to which head (i) applies, the Council's views thereon.]
(3) It shall, where the Department so directs, be the duty of a board to submit to the Department a proposal—
(a)to establish a new controlled school[F21, other than a controlled integrated school];
(b)that a controlled or voluntary school should be discontinued;
(c)that a significant change should be made in the character or size of a controlled or voluntary school.
(4) A proposal under paragraph (1), (2) or (3) shall be in such form and contain such particulars as may be required by the Department.
[F22(5) Before a proposal concerning an existing school is submitted to the board under paragraph (2), the person making the proposal shall consult the following persons (or representatives of them)—
(a)the Board of Governors of the school concerned;
(b)the teachers employed at that school; and
(c)the parents of registered pupils at that school.
(5A) Before a proposal concerning an existing school is submitted to the Department by the board under paragraph (1) or (3), the board shall consult the following persons (or representatives of them)—
(a)the Board of Governors of the school concerned;
(b)the teachers employed at that school; and
(c)the parents of registered pupils at that school.
(5B) Before a proposal concerning any school is submitted to the Department by the board under paragraph (1), (2) or (3), the board shall consult the trustees and managers (or representatives of them) of any other school which would, in the opinion of the board, be affected by the proposal.]
(6) A board, after submitting a proposal to the Department under paragraph (1), (2) or (3), shall—
(a)forthwith furnish to the trustees and managers of every school which would, in the opinion of the board, be affected by the proposal such particulars of the proposal as are sufficient to show the manner in which the school would be affected;
(b)forthwith publish by advertisement in one or more newspapers circulating in the area affected by the proposal a notice stating the nature of the proposal, that the proposal has been submitted to the Department, that a copy of the proposal can be inspected at a specified place and that objections to the proposal can be made to the Department within two months of the date specified in the advertisement, being the date on which the advertisement first appears;
(c)furnish to any person, on application, a copy of the proposal on payment of such reasonable sum as the board may determine.
(7) Subject to Article 15(3), the Department, after considering any objections to a proposal made to it within the time specified in the notice under paragraph (6)(b), may, after making such modification, if any, in the proposal as, after consultation with the board or person making the proposal[F21 and, in a case to which paragraph (2)(i) applies, the Council for Catholic Maintained Schools], it considers necessary or expedient, approve the proposal and inform that board or person accordingly.
(8) In relation to a proposal made under paragraph (3), paragraph (7) shall have effect with the substitution for the references to the person making the proposal of references to the trustees and managers of the school to which the proposal relates.
(9) A proposal under paragraph (1), (2) or (3) shall not be implemented until it has been approved by the Department.
[F23(9A) Subject to paragraph (9B), where a proposal under paragraph (1), (2) or (3) is approved by the Department after 1st April 1987, it shall be the duty of the board or person making the proposal to implement the proposal.
(9B) The Department may modify any proposal which is required to be implemented under paragraph (9A), but shall not do so except at the request of the board or person making the proposal.]
[F21(9C) Where the Department approves under paragraph (9) a proposal submitted to a board under paragraph (2)(i) by the Council for Catholic Maintained Schools, it shall be the duty of the Department to make such amendments (if any) to the scheme under Article 141(4) of the 1989 Order as appear to the Department to be necessary or expedient in connection with the implementation of that proposal.]
(10) Any dispute as to whether, for the purposes of this Article, a change is a significant change or would have a significant effect on another grant-aided school shall be determined by the Department.
Establishment and recognition of grant-aided schoolsN.I.
15.—(1) Where the Department approves a proposal to establish a[F24 controlled or voluntary] school, the board or other person by whom the proposed school is to be established shall, unless the Department otherwise determines, submit to the Department in such form and in such manner as the Department may from time to time direct, specifications and plans for the school premises and the Department, on being satisfied that the school premises will conform to the standards specifiedF25. . . under Article 18 with or without such exemption from those standards as the Department may grant under that Article, may approve the specifications and plans.
(2) Where the proposal, specifications and plans for a new school have been approved by the Department, the board or persons by whom the proposed school is to be established shall not give effect to the proposal otherwise than in accordance with the specifications and plans as so approved.
(3) The Department shall not approve under Article 14(7) a proposal for the establishment[F24 of a new voluntary school or the recognition of an existing school as a voluntary school] unless the school is to become a maintained school or unless it is to become a grammar school[F26 in relation to which an agreement with the Department under paragraph 1(1) of Schedule 6 is in force];F26. . .
(4) Where the Department approves a proposal for the recognition of an existing school as a[F24 controlled or voluntary] school, the Department may grant such recognition upon such terms and subject to such conditions as it may determine.
Discontinuance of grant-aided schoolsN.I.
16.—(1) Subject to paragraph (2), where the trustees of a voluntary school propose to discontinue the school they shall give at least two years notice of their intention to the Department and to the board for the area in which the school is situated but no such notice given without the prior approval of the Department shall be effective if the school premises were built or altered with the aid of a grant from the Department or financial assistance by a board or, before 1st October 1973, by a former local education authority.
(2) Paragraph (1) shall not apply where the Department and the board for the area in which the school is situated agree to dispense with the notice required by that paragraph.
(3) If, during the period of a notice given under paragraph (1) in respect of a voluntary school, the trustees of the school inform the Department that they are unable or unwilling to carry on the school until the expiration of the notice, the Department may give such directions as to the carrying on of the school and as to the education of the children attending the school as it thinks expedient.
(4) Where a voluntary school is discontinued and—
(a)moneys have been paid in respect of the school underF27 Article 116, the trustees shall[F28 repay to the Department such sums as are repayable in accordance with the provisions of regulations under that Article];
Sub‐para. (b) rep. by 1996 NI 1
(c)moneys have been paid in respect of the school under section 10 of the [1930 c. 14 (N.I.)] Education Act (Northern Ireland) 1930 or section 106 of the [1947 c. 3 (N.I.)] Education Act (Northern Ireland) 1947, the provisions of those sections and of any regulations thereunder relating to the repayment of such moneys shall continue to apply to the school as if those sections had not been repealed.
F27prosp. subst. by 1998 NI 13
Transfer of voluntary schoolsN.I.
17.—(1) Notwithstanding anything in any instrument of government of a voluntary school, the trustees of the school may, with the consent of the Department given after consultation with the appropriate board, transfer to the Department the school (which expression in this Article includes any land, equipment or teachers' residences held or used in connection with the school by the trustees or managers of the school) upon such terms as may be agreed by the trustees, the Department and the relevant board and the provisions of Schedule 9 shall apply to any such transfer.
(2) The terms on which a school is transferred to the Department under paragraph (1) may contain a provision that in specified circumstances the school should be transferred back to the original transferors or transferred to such other persons as may be specified.
(3) A school transferred under paragraph (1) shall, on the date of the transfer, become a controlled school and the Department shall place it under the management of the appropriate board and may, subject to the terms on which the school was transferred to the Department, convey to that board any estate in land relating to the school and, whether or not it does so, may transfer to the board any equipment, furniture or other movable contents of the school transferred to it under paragraph (1).
(4) The trustees of a school transferred under paragraph (1) shall, from the date of the transfer, be absolutely freed and discharged from all responsibility in connection with the school whether under any deed of trust or otherwise.
(5) The existing staff of teachers in a school transferred under paragraph (1) shall from the date of transfer be placed as regards appointment, dismissal and remuneration on terms not less favourable than those applicable to them before the transfer and any question which may arise as to the fulfilment or observance of the provisions or requirements of this paragraph shall be referred to the Department whose decision thereon shall be final.
(6) Where a school is vested in the Department, it may place the school under the management of the appropriate board but shall not do so without the consent of the managers of the school and where it does so, the Department may convey to that board any estate in land relating to the school.
(7) In this Article “the appropriate board” in relation to a school means the board for the area in which the school is situated,F29. . . .
[F30Regulations as to carrying on of grant‐aided schoolsN.I.
17A.—(1) The Department may by regulations make provision as to the carrying on of grant‐aided schools.
(2) Without prejudice to the generality of paragraph (1), regulations under that paragraph may include provision—
(a)prescribing the terms and conditions on which a school may remain a grant‐aided school;
(b)with respect to the number and composition of the teaching staff to be provided in grant‐aided schools;
(c)with respect to the duration of the school day[F31, school term] and school year at such schools;
(d)with respect to the curriculum and time‐table to be followed in such schools;
(e)enabling the Department to prohibit the use in such schools of any book or the teaching material of which the Department does not approve;
(f)preventing the use of the premises of such schools for such purposes as may be prescribed.
[F31(g)with respect to the keeping, disclosure and transfer of educational records about pupils at such schools and the supply of copies of such records to such persons, and in such circumstances, as may be determined by or under the regulations.]
[F31(2A) Regulations made under paragraph (1) by virtue of paragraph (2)(g) may authorise persons who in pursuance of the regulations supply copies of any such records as are there mentioned to charge such fee as they think fit (not exceeding the cost of supply) in respect of each copy so supplied.]
(3) Regulations under this Article may enable the Department[F31 or a prescribed body or person] to authorise such exceptions, grant such approvals and make such determinations for the purposes of the regulations as are specified therein.]
Modifications etc. (not altering text)
C1Art. 17A(2)(g) amendment continued (1.8.2006) by Education (Northern Ireland) Order 2006 (S.I. 2006/1915 (N.I. 11)), arts. 1(2), 44(1), Sch. 2 para. 2(a)
C2Art. 17A(2A) amendment continued (1.8.2006) by Education (Northern Ireland) Order 2006 (S.I. 2006/1915 (N.I. 11)), arts. 1(2), 44(1), Sch. 2 para. 2(b)
[F32Standard of school premisesN.I.
18.—(1) The Department shall issue directions specifying the standards to which premises of grant‐aided schools shall conform.
(2) Subject to paragraph (3), it shall be the duty of—
(a)the board responsible for the management of a controlled school;
(b)the Board of Governors of a grant‐maintained integrated school; and
(c)the trustees of a voluntary school,
to secure that the premises of the school conform to the standards specified under this Article for schools of the description to which the school belongs.
(3) Where the Department is satisfied that it would be unreasonable to expect the premises of a particular school to conform to the standards specified under this Article, it may exempt the school premises from conforming with such standards to such extent and for such time as it thinks appropriate.
(4) Directions given under this Article by the Department—
(a)shall be given in writing; and
(b)shall be published by the Department in such manner as it thinks fit.]
Arts. 19, 20 rep. by 1989 NI 20
Religious education in schoolsN.I.
Religious education in controlled and voluntary schools other than nursery and special schoolsN.I.
21.—(1) Subject to the provisions of this Article, religious[F33 education] shall be given in every[F33 grant‐aided] school other than a nurseryF34. . . school and the school day in every such school shall also include collective worship whether in one or more than one assembly on the part of the pupils in attendance at the school.
(2) In a controlled school[F33, other than a controlled integrated school,] the religious[F33 education] required by paragraph (1) shall be undenominational religious[F33 education], that is to say,[F33 education] based upon the Holy Scriptures according to some authoritative version or versions thereof but excluding[F33 education] as to any tenet distinctive of any particular religious denomination and the collective worship required by paragraph (1) in any such school shall not be distinctive of any particular religious denomination.
[F35(3) Subject to paragraph (3A), in—
(a)a controlled integrated school;
(b)a grant‐maintained integrated school; and
(c)a voluntary school,
the religious education and collective worship required by paragraph (1) shall be under the control of the Board of Governors of the school and that religious education shall be subject to such arrangements for inspection and examination as the Board of Governors thinks fit.]
[F33(3A) In a grant‐aided school the religious education required by paragraph (1) shall include religious education in accordance with any core syllabus specified under Article 13(1) of the 1989 Order.]
(4) Religious[F33 education] and collective worship required by paragraph (1) shall be so arranged that—
(a)the school shall be open to pupils of all religious denominations for[F33 education] other than religious[F33 education];
(b)no pupil shall be excluded directly or indirectly from the other advantages which the school affords.
(5) If the parent of any pupil requests that the pupil should be wholly or partly excused from attendance at religious[F33 education] or collective worship or from both, then, until the request is withdrawn, the pupil shall be excused from such attendance in accordance with the request.
(6) No payment from public funds in respect of a pupil shall be varied by reason of his attendance or non-attendance at religious[F33 education] or collective worship.
(7) Ministers of religion and other suitable persons, including teachers of the school, to whom the parents do not object shall, subject to paragraph (8), be granted reasonable access at convenient times to pupils in any[F33 grant‐aided] school other than a nurseryF34. . . school for the purpose of giving religious[F33 education], whether as to tenets distinctive of a particular religious denomination or otherwise, or of inspecting and examining the religious[F33 education] given in the school and[F33 education] given by virtue of this paragraph may be in addition to that provided under paragraph (1).
(8) Paragraph (7) shall not, without the consent of the managers of the school, apply to a voluntary school in existence immediately before 1st October 1973 which was not at that date required to give such access as is referred to in that paragraph and where a pupil has been wholly or partly excused from attendance at religious[F33 education] in any voluntary school to which such access is not granted, such pupil may be withdrawn from the school during such periods as are reasonably necessary for the purpose of enabling him to receive religious[F33 education] of which his parents approve.
(9) The Department shall make such regulations as it considers necessary for securing that the provisions of this Article relating to religious education are complied with in all[F33 grant‐aided] schools other than nurseryF34. . . schools, and in particular such regulations may contain provisions with respect to—
(a)the times during which any religious observance may be practised or any religious[F33 education] may be given;
(b)the times during which pupils may be withdrawn from the school so that they may receive religious[F33 education] in accordance with the provisions of paragraph (8);
(c)the making of arrangements for religious[F33 education] in schools;
(d)the amount of time which may be allotted in the time-tables of schools to religious[F33 education].
Duties of teachers in controlled schools as to collective worship and religious instructionN.I.
22.—(1) Subject to the provisions of this Article, the teachers in every controlled school other than[F36 a controlled integrated school or] a nurseryF37. . . school, if so requested by the board which controls the school, shall conduct or attend collective worship in the school and give undenominational religious[F36 education] in the school but a teacher in a controlled school shall not be required to give religious[F36 education] other than undenominational religious[F36 education].
(2) A teacher who has, under paragraph (1), been required to conduct or attend collective worship or give undenominational religious[F36 education], may make a request to the Board of Governors of the school in which he is serving to be wholly or partly excused from conducting or attending such worship or giving such[F36 education] or both from conducting and attending such worship and giving such[F36 education] and at the same time furnish to the Board of Governors for submission to the board which controls the school a statutory declaration that his request to be so excused is made solely on grounds of conscience.
(3) Where a teacher makes a request under paragraph (2) and furnishes the statutory declaration required by that paragraph, the teacher shall, until the request is withdrawn, be excused in accordance with the request and whilst he is so excused shall not receive less emoluments or be deprived of, or disqualified for, any promotion or other advantage by reason of the fact that he does not conduct or attend collective worship or give undenominational religious[F36 education].
(4) Where a board is wholly or partly unable to arrange that the teachers in a school conduct the collective worship or give the undenominational religious[F36 education] which it is required to provide in the school in accordance with the provisions of Article 21, the board may, for the purpose of fulfilling its obligations under that Article, advertise for and appoint a teacher to conduct such collective worship or give such religious[F36 education].
Modifications etc. (not altering text)
C3Art. 22 amendment continued (1.8.2006) by Education (Northern Ireland) Order 2006 (S.I. 2006/1915 (N.I. 11)), arts. 1(2), 44(1), Sch. 2 para. 3
Religious instruction not to be inspected, but complaints to be investigated, by DepartmentN.I.
23. Para. (1) rep. by 1989 NI 20
Para. (2) rep. by 1993 NI 12
N.I.
Arts. 24‐28 rep. by 1989 NI 20
N.I.
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 activitiesN.I.
Provision of facilities for recreational, social, physical, cultural and youth service activitiesN.I.
37 .F38—(1) Each board shall secure the provision for its area of adequate facilities for recreational, social, physical, cultural and youth service activities and for services ancillary to education and for that purpose may, with the approval of the Department, either alone or together with any other board or any other person—
(a)establish, maintain and manage any such facilities;
(b)organise any such activities;
(c)assist, by financial contributions or otherwise, any person to establish, maintain and manage any such facilities or to organise any such activities;
(d)provide, or assist by financial contribution or otherwise in the provision of, leaders for such activities; and
(e)defray or contribute towards the expenses of any persons taking part in any such activities.
(2) A board shall, in carrying out its functions under paragraph (1), have regard to the facilities provided by other boards and by other persons.
(3) A board may from time to time make bye-laws for all or any of the following purposes—
(a)for regulating the use and management of any lands or buildings provided by it for any of the purposes mentioned in paragraph (1);
(b)for regulating the days and times of, and charges for, admission to such lands or buildings;
(c)for the preservation of order and prevention of nuisances in such lands and buildings;
and such bye-laws may authorise persons employed by the board to enforce the bye-laws and to take all steps and do all acts and things necessary for that purpose and, in particular authorise such persons or members of the Royal Ulster Constabulary after due warning to remove or exclude from any place with respect to which any such bye-laws are for the time being in force a person who commits, or who is reasonably suspected of committing, in that place an offence against any such bye-law or against section 4 of the [1824 c. 83.] Vagrancy Act 1824.
(4) Where a board has, for the purposes of paragraph (1), assumed responsibility for the maintenance and management of any lands or buildings situated outside its area, bye-laws relating to such lands or buildings shall not be confirmed without consultation with the board for the area in which such lands or buildings are situated.
F38certain functions transf. by SR 1999/481