The Education and Libraries (Northern Ireland) Order 1986

PART VI N.I. TEACHERS

Employment of teachers by a board N.I.

65.—(1) A board may employ all such teachers as are required in schoolsF1 . . . under its management and may, with the approval of the Department, employ teachers otherwise than on the staff of a particular schoolF1 . . . .

(2) A teacher employed under paragraph (1) otherwise than on the staff of a particular schoolF1 . . . shall be—

(a) a teacher (to be called a “peripatetic teacher”) employed by a board to teach a particular subject or group of subjects in a number of schoolsF1 . . . or otherwise than in a schoolF1 . . . or a teacher employed by a board for the purpose of making special educational provision whether in a school or otherwise;F2 . . .

Sub‐para. (b) rep. by 1993 NI 12

[F3 (3) The number of peripatetic teachers employed by a board and the purposes for which they are employed shall be in accordance with arrangements made by the board and approved by the Department and a board shall not employ such teachers otherwise than in accordance with arrangements so made and approved.

(4) PeripateticF2 . . . teachers employed by a board may, with the approval of the board, work in a voluntary school or a grant‐maintained integrated school if so requested by the managers of that school.]

F1 1997 NI 15

F2 1993 NI 12

F3 1989 NI 20

Training of teachers N.I.

66.— [F4 (1) The Department of Education shall make such arrangements as it considers expedient for securing the provision by others of sufficient facilities for the initial and further training of teachers for service in schools and other educational establishments in Northern Ireland.]

(2) [F4 The Department of Education] may—

(a )F5 pay grants at such rate or of such amount and subject to such conditions as it may determine in respect of expenditure incurred or to be incurred by any persons in connection with the initial or further training of teachers, other than expenditure in respect of which a grant may be paid under paragraph (3);

(b) pay to teachers undergoing further training travelling and other allowances at such rate or of such amount and subject to such conditions as the Department may determine.

[F4 (2A) The Department for Employment and Learning may pay grants at such rate or of such amount and subject to such conditions as it may determine in respect of expenditure incurred or to be incurred by any person in connection with the initial or further training of teachers, other than expenditure in respect of which a grant may be paid under paragraph (3).]

(3 )F5  The Department may, in accordance with regulations, pay grants to the trustees of a college of education in respect of approved expenditure incurred or to be incurred for the provision or alteration of the premises of a college or for the provision of equipment for a college.

[F6 (4 )F5  Regulations under paragraph (3) may make provision for—

(a) the repayment in such circumstances as are prescribed of the whole or part of any grant paid under this Article;

(b) the reduction in such circumstances as are prescribed of the amount of grant which would otherwise by payable under this Article;

(c) the payment to the Department by such person as may be prescribed of a sum where—

(i) any premises of a college of education in respect of which the Department has, at any time after 1st. August 1984, paid a grant under paragraph (3), cease to be used for approved purposes of a college of education; or

(ii) any site in respect of which the Department has, at any time after that date, paid a grant under paragraph (3), ceases, in the opinion of the Department, to be required for the purposes of a college of education.

(5 )F5  Without prejudice to the generality of paragraph (4), regulations under paragraph (3) may—

(a) provide for any repayment, reduction or payment under the regulations to be of such amount as the Department considers equitable;

(b) provide for any such repayment, reduction, or payment not to exceed such amount as may be determined under or in accordance with the regulations;

(c) provide for any amount determined as mentioned in sub-paragraph (b) to include an amount in respect of interest calculated in such manner as may be prescribed; and

(d) apply to grants made before as well as after the coming into operation of this paragraph.]

F4 2005 NI 13

F5 certain functions transf. by SR 1999/481

F6 1993 NI 12

Modifications etc. (not altering text)

C1 Art. 66(2) modified (13.2.2006) by Higher Education (Northern Ireland) Order 2005 (S.I. 2005/1116 (N.I. 5)), arts. 1(3), 4(1)(a); S.R. 2006/30, art. 2

Control of numbers, qualifications, etc. of students N.I.

67.—(1 )F7  [F8 The Department of Education] shall make such arrangements as it considers expedient for the determination of the numbers and qualifications and for the selection of students to be admitted to the initial and further training of teachers.

(2) The managers or governing body of an institution providing courses for the initial or further training of teachers shall not admit a student to a course for the initial training of teachers unless satisfied—

(a) as to his good character and health, his physical capacity for teaching and his suitability for the teaching profession in other respects; and

(b) that he satisfies the minimum educational qualifications for the course determined under paragraph (1).

(3) The managers of a college of educationF9 . . . shall comply with any directions of the Department, given after consultation with them, as to—

(a) the total number of students to be admitted in any period specified in the directions to all such courses provided by them;

(b) the number of students to be admitted in any period specified in the directions to any particular course so specified; and

(c) the discontinuance of any particular course so specified.

F7 certain functions transf. by SR 1999/481

F8 2005 NI 13

F9 1997 NI 15

F10 Appointment of teachers N.I.

68.  The provisions of Parts I and II of Schedule 14 shall apply to the appointment of a teacher to a controlled school and the provisions of Part III of that Schedule shall apply to the appointment of a peripatetic teacher or a supply teacher.

F10 prosp. rep. by 1989 NI 20

[F11 Salaries and other terms and conditions of employment of teachers N.I.

69.— (1) Except as provided by paragraph (3)—

(a) the rates of salaries and the allowances which are to be paid to teachers to whom this Article applies; and

(b) the other terms and conditions of employment of such teachers,

shall be determined by the Department.

(2) This Article applies to—

(a) teachers employed in grant-aided schools;

Sub‐para. (b) rep. by 1997 NI 15

(c) peripatetic teachers.

(3) In such circumstances and subject to such conditions as the Department may direct, the rates of salaries and the allowances which are to be paid to teachers of a class or description specified by the Department in the directions shall be determined by a body or person so specified.

(4) Before giving any directions under paragraph (3), the Department shall consult—

(a) such representatives of employing authorities and such representatives of teachers as appear to it to be concerned; and

(b) any other person with whom consultation appears to it to be desirable.

(5) In paragraph (4) “employing authority” means—

(a) in relation to teachers employed in controlled schoolsF12 . . . , the board by which they are employed;

(b) in relation to teachers employed by the Council for Catholic Maintained Schools, that Council;

(c) in relation to teachers employed in a voluntary school (other than a Catholic maintained school), the Board of Governors of that school;

(d) in relation to teachers employed in a grant-maintained integrated school, the Board of Governors of the school;

(e) in relation to peripatetic teachers, the board by which they are employed.

(6) A determination under paragraph (1) or (3)—

(a) shall be made in writing;

(b) shall be published in such manner as the Department or, as the case may be, the body or person making the determination thinks fit;

(c) may contain such transitional and supplementary provisions as the Department or, as the case may be, that body or person thinks fit; and

(d) may have effect from a date earlier than the date on which it is made.

(7) Where any question arises as to the rate of salary or allowance to be paid under this Article to a teacher—

(a) where that rate of salary or allowance falls in accordance with directions under paragraph (3) to be determined by a body or person specified in those directions, the decision of that body or person shall, except on a question of law, be final;

(b) in any other case, the decision of the Department shall, except on a question of law, be final.

Para. (8) rep. by 1998 NI 13]

F11 1993 NI 12

F12 1997 NI 15

[F13 F14 Payment of salaries, etc. of teachers N.I.

69A.— (1) Except where regulations otherwise provide, the Department shall pay—

(a) the salaries and allowances (if any) of—

(i) teachers employed by the Board of Governors of a voluntary grammar school;

(ii) teachers employed by the Board of Governors of a grantmaintained integrated school; and

(b) secondary Class 1 contributions under the Social Security (Northern Ireland) Act 1975 and employers' superannuation contributions in respect of such teachers.

(2) Except where regulations otherwise provide, the Department shall, on behalf of a board, issue payment of—

(a) the salaries and allowances (if any) of—

(i) teachers employed by the board;

(ii) teachers employed on the sta of a maintained school maintained by the board;

Head (iii) rep. by 1993 NI 12

(b) secondary Class 1 contributions under the Social Security (Northern Ireland) Act 1975 and employers' superannuation contributions in respect of such teachers.

• Para. (3) rep. by 1993 NI 12

• Para. (4) rep. by 1996 NI 1]

F13 1989 NI 20

F14 prosp. rep. by 1998 NI 13

[F15 Regulations as to employment of teachers N.I.

70 .F16 — (1) The Department may make regulations as to—

(a) the eligibility of persons to be employed as teachers;F17 . . .

Sub‐para. (b) rep. by 1993 NI 12

(2) Without prejudice to the generality of paragraph (1), regulations under that paragraph may include provision—

(a) requiring teachers to have such qualifications as may be approved by the Department;

(b) requiring that, subject to such exceptions as may be prescribed, only teachers recognised by the Department be employed as teachers and providing for the grant, suspension, withdrawal and restoration of such recognition;

(c) requiring teachers to serve probationary periods;

(d) imposing requirements as to the age, health and physical capacity of teachers;

(e) prohibiting or restricting the employment or further employment of teachers

[F18 (i) on medical grounds;

(ii) on the grounds of misconduct;

(iii) on the grounds that the persons concerned are unsuitable to work with children;

(iv) on the grounds that the persons concerned are included (other than provisionally) in the list kept by the Department of Health, Social Services and Public Safety under Article 3 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003; or

(v) on educational grounds]

.

[F19 (2A) Regulations under paragraph (1) may provide for the payment by the Department of any reasonable expenses incurred by a teacher in connection with any medical examination undergone by that teacher in pursuance of a requirement imposed by the Department under those regulations.]

Para. (3) rep. by 1993 NI 12

(4) This Article applies to—

F20 (a) teachers in grant-aided schools;

(b) teachers in institutions of further education;

F20 (c) peripatetic teachers;F17 . . .

Sub‐para. (d) rep. by 1993 NI 12]

F15 1987 NI 2

F16 certain functions transf. by SR 1999/481

F17 1993 NI 12

F18 2003 NI 4

F19 1989 NI 20

F20 prosp. rep. by 1998 NI 13

Interchange of teachers with teachers outside Northern Ireland N.I.

71 .F21   The Department may make regulations enabling teachers in grant-aided schools or institutions of further education or colleges of education to interchange duty with teachers from any country outside Northern Ireland and such regulations may, in connection with any period of interchange, make such provision as the Department considers appropriate in relation to such teachers as are specified in the regulations.

F21 certain functions transf. by SR 1999/481

[F22 F23 Redundancy payments to teachers in certain voluntary schools and in grant‐maintained integrated schools N.I.

72.  Para. (1) rep. by 1996 NI 1

(2) Where the Board of Governors of a grant‐maintained integrated school has made a redundancy paymentF24 . . . to a teacher who has been employed by it, the Department may pay to the Board of Governors a sum equal to the amount of the sum paid by the Board of GovernorsF24 . . . .

(3) The duty of a board under Article 59(1)(d) of the 1989 Order to meet the cost of a redundancy payment in respect of a teacher ceasing to be employed on the staff of a maintained school is a duty to pay to—

(a) the Council for Catholic Maintained Schools, where the teacher was employed on the staff of a Catholic maintained school;

(b) the Board of Governors of the school, in any other case,

a sum equal to the amount of the redundancy paymentF24 . . . .

Para. (4) rep. by 1993 NI 12

[F24 (5) In this Article “redundancy payment” has the same meaning as in the Employment Rights (Northern Ireland) Order 1996]]

F22 1989 NI 20

F23 prosp. rep. by 1998 NI 13

F24 1996 NI 16