The Education Reform(Northern Ireland) Order 1989

Determination of admissions number for a school

40.—(1) In this Part any reference to a school’s admissions number for a school year is a reference to the number for the time being applying under the following provisions of this Article to the school in relation to that school year.

(2) Subject to paragraph (4), the admissions number applying to a school shall, for the commencement year and any subsequent school year, be such number as the Department may, after consultation with the Board of Governors of the school, determine.

(3) In determining a school’s admissions number for a school year the Department shall have regard in particular to—

(a) the requirements of regulations under Article 18 of the principal Order which apply in relation to the school; and

(b) the school’s enrolment number.

(4) The Department may—

(a) direct that the admissions numbers applying to schools of any class or description specified in the directions shall be varied in accordance with the directions;

(b) on the application of, or after consultation with, the Board of Governors of an individual school, direct that the admissions number applying to that school shall be varied in accordance with the directions.

(5) Directions given by the Department under paragraph (4)(b) on the application of the Board of Governors of an individual school shall specify as the new admissions number applying to the school either the number specified by the Board of Governors in its application or—

(a) in the case of an application to increase the admissions number, such lesser number as the Department thinks fit;

(b) in the case of an application to reduce the admissions number, such greater number as the Department thinks fit.

(6) It shall be the duty of the Department—

(a) when determining under paragraph (2) the admissions number applying to a controlled school or varying that number under paragraph (4), to consider any representations which are made to it regarding that number by the board responsible for the management of the school;

(b) when determining under paragraph (2) the admissions number applying to a Catholic maintained school or varying that number under paragraph (4), to consider any representations which are made to it regarding that number by the Council for Catholic Maintained Schools.

(7) Where the Department determines a school’s admissions number under paragraph (2) or varies that admissions number under paragraph (4), it shall send notice of the admissions number so determined or varied to—

(a) the Board of Governors of the school;

(b) where the school is a controlled school, the board responsible for the management of the school;

(c) where the school is a Catholic maintained school, the Council for Catholic Maintained Schools.

(8) In paragraph (2) “the commencement year” means the school year beginning next after the coming into operation of this Article.