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

http://www.legislation.gov.uk/nisi/1989/2406/article/27/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 IIITHE CURRICULUM

The Northern Ireland Curriculum Council and the Northern Ireland Schools Examinations and Assessment Council

Transfer of property and staff to the Council27

1

The Department may by order provide for the transfer to the Council of—

a

such of the property of an existing body;

b

such of the rights and liabilities of such a body (other than rights and liabilities arising under contracts of employment),

as, in its opinion, require to be so transferred for the purpose of enabling the Council properly to perform its functions.

2

Paragraph (3) applies to any person who—

a

immediately before the establishment of the Council is employed by an existing body; and

b

is as respects the Council designated by order of the Department.

3

The contract of employment between a person to whom this paragraph applies and the existing body shall have effect from the date on which the order under paragraph (2) comes into operation as if originally made between him and the Council.

4

Without prejudice to paragraph (3)—

a

all the existing body’s rights, powers, duties and liabilities under or in connection with a contract to which that paragraph applies shall by virtue of that paragraph be transferred to the Council on the date on which the order under paragraph (2) comes into operation; and

b

anything done before that date by or in relation to the existing body in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the Council.

5

Paragraphs (3) and (4) are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by paragraph (3).

6

An order under paragraph (2) may designate a person either individually or as a member of a class or description of employees.

7

No order under this Article shall be made more than six months after the date on which the Council is established.

8

In this Article “existing body” means—

a

the Northern Ireland Schools Examinations Council;

b

the Department; or

c

the managers of a college of education maintained in pursuance of arrangements made by the Department under Article 66(1) of the principal Order.