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The Education Reform (Northern Ireland) Order 1989, Section 135 is up to date with all changes known to be in force on or before 09 October 2024. 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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135.—(1) Subject to the following provisions of this Article where any registered pupil at any grant‐aided school is provided at the school with board and lodging at the expense of [F1the Authority] or the Board of Governors of the school, charges shall be payable in respect of the board and lodging by the parent of the pupil concerned to [F2the Authority or the] Board of Governors.
(2) Where [F1the Authority] is satisfied with respect to any pupil F3... that education suitable to his age, ability, aptitude and any special educational needs he may have cannot be provided for him otherwise than by the provision of board and lodging at a particular grant‐aided school, [F1the Authority] shall—
(a)where the school is under its management, remit the whole of the charges payable under this Article; and
(b)where the school is not under its management, pay to [F1the Authority] or Board of Governors to whom the charges are payable under this Article, the whole of those charges.
(3) Where [F1the Authority] is satisfied that payment of the full charges payable under this Article would involve financial hardship to the parent of a pupil who is ordinarily resident in its area, [F1the Authority] —
(a)in the case of charges payable to [F1the Authority] , shall remit so much of those charges as falls in accordance with paragraph (4) to be so remitted; and
(b)in the case of charges payable F4... to the Board of Governors of a school, shall pay so much of those charges as falls in accordance with that paragraph to be so paid.
(4) In the case of any such charges, the amount that falls to be remitted or paid by [F1the Authority] by virtue of paragraph (3)(a) or (b) is—
(a)such part of those charges as [F1the Authority] considers ought not to be paid by the pupil's parent in order to avoid such hardship as is mentioned in that paragraph; or
(b)if in its opinion such hardship cannot otherwise be avoided, the whole of those charges.
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. 135(1) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 11(14) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F3Words in art. 135(2) 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)
F4Words in art. 135(3) 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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