http://www.legislation.gov.uk/id/nisi/1989/2406

http://www.legislation.gov.uk/nisi/1989/2406/article/102/made

The Education Reform(Northern Ireland) Order 1989

School admissions

School governance, management and finance

School welfare, behaviour and attendance

Special educational needs and additional support

Attendance and truancy

Government Printer for Northern Ireland

2020-06-18

NORTHERN IRELAND

In this Order—Part II sets out the general duty of the Department in relation to education;Part III makes provision for the curriculum in grant-aided schools and for the establishment and functions of the Northern Ireland Curriculum Council and the Northern Ireland Schools Examinations and Assessment Council;Part IV regulates the admission of children to grant-aided schools;Part V provides for the financing by boards of controlled and maintained schools and for the delegation to the Boards of Governors of those schools of the management of all or part of the school’s budget share and of certain responsibilities in relation to staff and makes new provision for the funding of voluntary grammar schools;Part VI provides for the establishment and management of grant-maintained integrated schools and controlled integrated schools;Part VII restates the functions of boards in relation to further and higher education, makes new provision for the management of institutions of further education, provides for the financing by boards of institutions of further education and for the delegation to the governing bodies of such institutions of the management of the institution’s budget and of certain responsibilities in relation to staff;Part VIII makes provision in relation to the management of grant-aided schools and regulates the making of charges in such schools;Part IX provides for the constitution and functions of the Council for Catholic Maintained Schools;Part X contains miscellaneous provisions relating to education.

The Education Reform(Northern Ireland) Order 1989

The Education Reform (Northern Ireland) Order 1989

art. 13(3)(b)

The Welfare Reform (Northern Ireland) Order 2015

Sch. 12

Pt. 1

art. 2(2)

PART VIIFURTHER AND HIGHER EDUCATION

Management of institutions of further education

Management of institutions of further education102

1

Each institution of further education shall be under the management of the board for the area in which the institution is situated and the board shall make provision by means of a governing body for the management of each such institution in its area.

2

A governing body for an institution of further education shall also have under its management any technical secondary school conducted in association with the institution.

3

For every institution of further education there shall be—

a

an instrument providing for the constitution of a governing body of the institution (to be known as the instrument of government); and

b

an instrument in accordance with which the institution is to be conducted (to be known as the articles of government).

4

Subject to paragraph (6), the instrument of government and articles of government shall be made by order of the board with the approval of the Department (which may be given subject to such conditions as the Department thinks fit).

5

The Department may direct a board to amend the instrument or articles of government of any institution of further education under its management in such manner, or for such purpose, as may be specified in the direction; and any amendment made in pursuance of such a direction shall be made by order under paragraph (4).

6

The Department may by order amend the instrument or articles of government of any institution of further education.

7

An order made under paragraph (6) may relate to all such institutions, to any category of such institutions specified in the order, or to any institution so specified.

8

Before giving any direction under paragraph (5) or making any order under paragraph (6) the Department shall consult such persons as it thinks fit.

9

The articles of government of an institution of further education—

a

shall provide for the functions of the governing body under the articles in relation to the appointment of teachers and other staff to be carried out on behalf of, and in the name of, the board;

b

may provide for the carrying out by the governing body in relation to the institution of other specified functions on behalf of, and in the name of, the board.

10

In this Article, Article 103 and Article 104 references to the board in relation to an institution of further education are references to the board for the area in which the institution is situated.