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

http://www.legislation.gov.uk/nisi/1989/2406/article/153/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 XMISCELLANEOUS AND SUPPLEMENTARY

Miscellaneous

Appointment of teachers153

1

Within such time after the coming into operation of this Article as the Department may direct, each board shall prepare and submit to the Department a scheme providing for the procedures to be followed in relation to the appointment by the board of—

a

teachers to posts in controlled schools;

b

peripatetic teachers;

c

supply teachers.

2

A scheme under paragraph (1) may provide for any specified functions of the board under the scheme to be performed by the teaching appointments committee of the board on behalf of, and in the name of, the board.

3

Before preparing a scheme under paragraph (1) a board shall consult the Board of Governors of every controlled school managed by the board.

4

In preparing a scheme under paragraph (1) a board shall take into account any guidance given by the Department, after consultation with all the boards and such other persons as appear to the Department to be concerned, as to the provisions it regards as appropriate for inclusion in a scheme under that paragraph.

5

The Department may, after making such modifications (if any) in a scheme submitted to it by a board as after consultation with the board it considers necessary or expedient, approve the scheme.

6

It shall be the duty of the board to give effect to the provisions of a scheme under paragraph (1) which has been approved by the Department.

7

Where—

a

a board fails to submit a scheme to the Department under paragraph (1) by the date directed by the Department; or

b

it appears to the Department that a scheme submitted by the board as required by that paragraph does not accord with any guidance given by it for the purposes of this Article and cannot be made to do so merely by modifying it,

the Department may, after consultation with the board and such other persons as appear to the Department to be concerned, make a scheme which shall be treated for the purposes of paragraphs (6) and (8) as if it had been prepared by the board and approved by the Department under this Article.

8

A board may at any time, and shall if the Department so directs, prepare and submit to the Department a revised scheme or an amendment to an existing scheme and paragraphs (2) to (7) (except (7)(a)) shall apply in relation to any such revised scheme or amendment as they apply in relation to the scheme.