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The Education Reform(Northern Ireland) Order 1989

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This is the original version (as it was originally made).

Procedures for carrying out by certain bodies of their activities

150.—(1) Each board shall, at such intervals and in accordance with such arrangements as may be determined by the Department after consultation with the boards, review its procedures for the carrying out of such activities as the Department may direct with a view to ensuring that such activities are carried out as effectively, efficiently and economically as practicable.

(2) The Department may direct that paragraph (1) shall apply to any of the bodies or persons listed in Article 101(3)(b) to (h) of the principal Order as it applies to a board but with the substitution for the reference to consultation with the boards of a reference to consultation with the bodies or persons concerned.

(3) The Department may by regulations provide, in relation to any prescribed activity of a board,—

(a)that a board shall before carrying out that activity comply with such conditions as may be prescribed including, without prejudice to the generality of this sub-paragraph, such conditions as appear to the Department to be necessary or desirable to secure that the board—

(i)invites tenders from other persons for the carrying out by them of the prescribed activity; and

(ii)takes any such tenders received by the board into consideration in deciding whether to carry out the prescribed activity itself;

(b)that a board shall during or after the carrying out by it of that activity, comply with such conditions as may be prescribed, including, without prejudice to the generality of this sub-paragraph—

(i)conditions as to the keeping of accounts, the making of reports and the supplying of information in relation to the carrying out of that activity;

(ii)conditions imposing financial objectives on the board in relation to the carrying out of that activity.

(4) Regulations under paragraph (3)—

(a)may authorise a board to make charges for the provision of prescribed documents;

(b)may prescribe the sanctions which may be applied by the Department in respect of a board which fails to comply with the regulations or with any condition imposed on it under the regulations.

(5) References in this Article to the carrying out of activities include references to the provision of services.

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