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The Education Reform (Northern Ireland) Order 1989, Section 89 is up to date with all changes known to be in force on or before 11 November 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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89.—(1) In Schedule 4 to the principal Order for paragraphs 4 and 5 there shall be substituted the following paragraphs—
4. There shall be 8, 16 or 24 voting members appointed to the Board of Governors of a controlled grammar school (other than a controlled integrated grammar school), a controlled nursery school or a controlled special school and, subject to paragraph 6, of those members—
(a)three‐eighths shall be chosen by the board responsible for the management of the school;
(b)one‐quarter shall be nominated by the Head of the Department;
(c)one‐quarter shall be elected by parents of pupils attending the school from amongst the parents of such pupils;
(d)one‐eighth shall be elected by assistant teachers at the school from amongst such assistant teachers.
5.—(1) There shall be 14 or 21 voting members appointed to the Board of Governors of a controlled integrated school, other than a controlled integrated school to which sub‐paragraph (3) applies, and, subject to paragraph 6, of those members—
(a)two‐sevenths shall be elected by parents of pupils attending the school from amongst the parents of such pupils;
(b)two‐sevenths shall be chosen by the board responsible for the management of the school;
(c)one‐seventh shall be nominated by the transferors and superseded managers of controlled schools (other than controlled integrated schools) in the area of the board responsible for the management of the school;
(d)one‐seventh shall be nominated by the nominating trustees of Catholic maintained schools in the area of the board responsible for the management of the school;
(e)one‐seventh shall be elected by assistant teachers at the school from amongst such assistant teachers.
(2) Sub‐paragraph (3) applies to—
(a)a controlled integrated grammar school; and
(b)a controlled integrated school which immediately before the date on which it became a controlled integrated school was a voluntary school (other than a Catholic maintained school).
(3) There shall be 14 or 21 voting members appointed to the Board of Governors of a controlled integrated school to which this sub‐paragraph applies and, subject to paragraph 6, of those members—
(a)two‐sevenths shall be elected by parents of pupils attending the school from amongst the parents of such pupils;
(b)two‐sevenths shall be chosen by the board responsible for the management of the school;
(c)two‐sevenths shall be nominated by the Head of the Department;
(d)one‐seventh shall be elected by assistant teachers at the school from amongst such assistant teachers.
(4) It shall be the duty of a board in appointing persons to a Board of Governors under sub‐paragraph (1)(b) or (3)(b) to choose for appointment persons appearing to the board to be committed to the continuing viability of the school as a controlled integrated school and it shall be the duty of the Head of the Department in nominating persons for appointment to a Board of Governors under sub‐paragraph (3)(c) to nominate persons appearing to the Head of the Department to be so committed.”.
(2) In paragraph 6 of that Schedule—
(a)for sub‐paragraphs (1) to (3) there shall be substituted the following sub‐paragraphs—
“(1) Where the board proposes to appoint persons to a Board of Governors under paragraph 2(2)(a), 3(2)(a) or 5(1)(c) or (d) it shall serve on the nominating authorities a notice—
(a)stating the board's intention to appoint such persons; and
(b)requesting the nominating authorities to make nominations to the board within a period of 21 days from the date on which the notice is served;
and where the nominating authorities fail to make any nomination requested by such a notice within that period the board may, subject to sub‐paragraph (2), appoint such persons as it considers to be suitable for appointment.
(2) It shall be the duty of a board in appointing persons to the Board of Governors of a school under sub‐paragraph (1)—
(a)in the case of a controlled integrated school, to choose for appointment persons appearing to the board to be committed to the continuing viability of the school as a controlled integrated school; and
(b)in all cases, so far as possible to choose for appointment persons who are resident in the locality served by the school.
(3) Persons appointed under sub‐paragraph (1) shall be deemed for all purposes of this Schedule to have been duly nominated by the nominating authorities.”.
(b)in sub‐paragraph (4) for the words “and 5(a) and (e)” there shall be substituted “ , 5(1)(a) and (e) and 5(3)(a) and (d) ”.
(3) In paragraph 7 of that Schedule at the end there shall be added the following definition—
““ nominating authorities ”, in relation to the appointment of any persons to a Board of Governors, means the persons who or bodies which are to nominate persons for the purpose of such appointment.”.
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