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The Education Reform (Northern Ireland) Order 1989

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CHAPTER IIN.I.CHARGES IN GRANT‐AIDED SCHOOLS

Application of Articles 128 to 131N.I.

127.—(1) Subject to paragraphs (2) to (5)[F1 and Article 137(7)], Articles 128 to 131 apply to all grant‐aided schools.

[F2(2) Articles 128 to 131 do not apply to a voluntary grammar school if no agreement with the Department is, or has at any time on or after 1st April 1992 been, in force in relation to the school under paragraph 1(1) of Schedule 6 to the 1986 Order.

(3) The application of those Articles to certain other voluntary grammar schools is subject to Articles 132 and 132A.]

(4) Those Articles[F2 do not apply] to a grammar school in relation to an excepted pupil, that is to say—

(a)any pupil who is not resident in Northern Ireland;

(b)any pupil whose parents are[F2 neither resident in Northern Ireland nor] nationals of a member State;

(c)in the case of a grammar school having a preparatory department, any pupil in that department of the school;

(d)any pupil who—

(i)was admitted to the grammar school or, in the case of a grammar school having a preparatory department, admitted to the secondary department of the grammar school before the appointed day; and

[F2(ii)on 31st March 1992 was a specified pupil, as defined by regulation 4(c) of the Grammar Schools (Fees) Regulations (Northern Ireland) 1990 (as in operation on that date).]

[F3(4A) Those Articles do not apply to a special school in relation to a pupil admitted to the school in accordance with arrangements under Article 22 of the Education and Libraries (Northern Ireland) Order 2003.]

(5) [F4In relation to a grammar school, the Authority] may, in accordance with arrangements approved by the Department, direct that a pupil registered at the school who is an excepted pupil solely by reason of falling within paragraph (4)(d) shall cease to be an excepted pupil; and, accordingly, Articles 128 to 131 shall apply in relation to any pupil in respect of whom such a direction is given.

(6) In paragraph (4)(b) “national”, in relation to a member State, means the same as in the Community Treaties, but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services.

Prohibition of charges, etc., in certain grant‐aided schoolsN.I.

128.—(1) No charge shall be made in respect of admission to any grant‐aided school to which this Article applies.

(2) Subject to paragraph (3) and Article 129, no charge shall be made in respect of the education provided for F5. . . pupils at any such school during school hours.

(3) Paragraph (2) shall not apply in relation to individual tuition in playing any musical instrument.

(4) No charge shall be made in respect of education provided for a F6. . . pupil at any grant‐aided school to which this Article applies where the education is education to which paragraph (2) does not apply if it is—

(a)required as part of any [F7specification] for[F8 a] public examination which is a [F7specification] for which the pupil is being prepared at the school; or

(b)provided in pursuance of any of the duties imposed by [F9Article 13 (1)(a) or (b) of the Education (Northern Ireland) Order 2006] .

(5) No charge shall be made in respect of the entry of a F10. . . pupil at any grant‐aided school to which this Article applies for anyF11. . . public examination in any [F12specification] for that examination for which the pupil has been prepared at the school.

(6) Neither the parent of any such pupil nor the pupil himself shall be required to pay for or supply any materials, books, instruments or other equipment for use for the purposes of or in connection with—

(a)education provided for the pupil at the school in respect of which by virtue of this Article no charge may be made; or

(b)any [F13specification] for[F8 a] public examination which is a [F13specification] for which the pupil has been prepared at the school.

(7) No charge shall be made in respect of transport provided for a F14. . . pupil at any such school where the transport is either—

(a)incidental to education provided for the pupil at the school in respect of which by virtue of this Article no charge may be made; or

(b)provided for the purpose of enabling him to meet any examination requirement for any [F15specification] for[F8 a] public examination which is a [F15specification] for which he has been prepared at the school.

(8) For the purposes of paragraph (7)(a) transport is incidental to education provided for F16. . . pupils at any such school if it is provided for the purpose of carrying such pupils—

(a)to or from any part of the school premises in which education is provided for those pupils, from or to any other part of those premises; or

(b)to or from any place outside the school premises in which education is provided for those pupils under arrangements made by or on behalf of the Board of Governors of the school or [F17the Authority] , from or to the school premises or any other such place.

(9) Nothing in this Article shall be read as prohibiting the making of a charge in respect of board and lodging provided for a F18. . . pupil at any such school on a residential trip.

(10) In this Chapter “residential trip” means any trip—

(a)which is arranged for F19. . . pupils at any grant‐aided school to which this Article applies by or on behalf of the managers of the school; and

(b)which requires the pupils taking part to spend one or more nights away from their usual overnight accommodation.

(11) For the purposes of this Chapter, a pupil shall be regarded as having been prepared at a school for a [F20specification] for anyF11. . . public examination if any part of the education provided with a view to preparing him for that examination in that [F20specification] has been provided for him at that school.

Provision for cases where education is provided partly during and partly outside school hoursN.I.

129.—(1) Where a period allowed for any educational activity at a school falls partly during school hours and partly outside school hours—

(a)if fifty per cent. or more of the time occupied by that period together with any connected school travelling time falls during school hours, so much of the education provided during that period as is provided outside school hours shall be treated for the purposes of Article 128(2) as provided during school hours; and

(b)in any other case, so much of the education provided during that period as is provided during school hours shall be treated for those purposes as provided outside school hours.

(2) In this Article “school travelling time” means time spent on travel during school hours; and for the purposes of paragraph (1)(a) such time is connected school travelling time in relation to any educational activity if it is spent by the pupils taking part in the activity in getting to or from the place where the activity takes place.

(3) Where any education provided at a school is provided on a residential trip—

(a)if the number of school sessions taken up by the trip is equal to or greater than fifty per cent. of the number of half days spent on the trip, any education provided on the trip which is provided outside school hours shall be treated for the purposes of Article 128(2) as provided during school hours; and

(b)in any other case, any education provided on the trip which is provided during school hours shall be treated for those purposes as provided outside school hours.

(4) In this Article a “half day” means any period of twelve hours ending with noon or midnight on any day.

(5) Where fifty per cent. or more of a half day is spent on a residential trip, the whole of that half day shall be treated for the purposes of paragraph (3) as spent on the trip.

(6) For the purposes of that paragraph, a school session on any day on which such a session takes place at the school concerned shall be treated as taken up by a residential trip on which education is provided for registered pupils at the school if the time spent on the trip occupies fifty per cent. or more of the time allowed for that session at the school.

Permitted chargesN.I.

130.—(1) Subject to paragraph (2), a charge may be made in respect of—

(a)education or transport provided for a F21. . . pupil at any grant‐aided school to which this Article applies[F22 other than—

(i)education or transport in respect of which by virtue of Article 128 no charge may be made; or

(ii)transport provided by [F17the Authority] under Article 52 of the principal Order.]

(b)the entry of any such pupil for a public examination in any [F23specification] for that examination otherwise than in circumstances in which by virtue of Article 128(5) no charge may be made; and

(c)board and lodging provided for any such pupil on a residential trip.

(2) A charge may not be made—

(a)by virtue of paragraph (1)(a) in respect of the provision for a pupil of education or transport; or

(b)by virtue of paragraph (1)(b) in respect of the entry of a pupil for an examination in any [F24specification] for that examination,

unless the education or transport is provided or the pupil is entered for the examination in that [F24specification] by agreement with his parent; and any education, transport or examination entry in respect of which a charge may be made by virtue of either of those provisions is referred to below in this Article as an “optional extra”.

(3) The following provisions of this Article apply in relation to any charge permitted under this Article and any such charge is referred to in those provisions as a regulated charge.

(4) The amount of any regulated charge shall be payable by the parent of the pupil concerned.

(5) A regulated charge shall not exceed the cost of the provision of the optional extra or [F17the Authority] and lodging in question.

(6) Without prejudice to the generality of paragraph (5), the cost of the provision of an optional extra includes costs, or an appropriate proportion of the costs—

(a)incurred in respect of the provision of any materials, books, instruments or other equipment used for the purposes of or in connection with the provision of the optional extra;

(b)attributable to the provision of non‐teaching staff for any purpose connected with the provision of the optional extra; or

(c)attributable to the provision of teaching staff engaged under contracts for services for the purpose of providing it.

(7) Subject to paragraph (8), the cost of the provision of an optional extra shall not be taken as including any costs attributable to the provision of teaching staff other than staff engaged as mentioned in paragraph (6)(c).

(8) Where the optional extra in question consists of tuition in playing any musical instrument the cost of its provision shall include costs, or an appropriate proportion of the costs, attributable to the provision of teaching staff employed for the purpose of providing the tuition.

(9) Where charging is permitted under this Article and the charge would be a regulated charge, the question of whether any charge in respect of the optional extra or the board and lodging should be made, and the amount of any charge to be made, shall be determined—

(a)in a case where the cost of the provision of the optional extra or board and lodging is met by, or from funds at the disposal of, the Board of Governors, by the Board of Governors;

(b)in any other case, by [F17the Authority] .

(10) The whole or any part of the amount of any charge [F17the Authority] determines under paragraph (9)(b) to make—

(a)shall, if the Board of Governors so determines, be met by, or from funds at the disposal of, the Board of Governors; and

(b)shall not, to the extent that it is so met, be payable by the parent of the pupil concerned.

Charges and remissions policiesN.I.

131.—(1) Every Board of Governors of a grant‐aided school to which this Article applies and [F17the Authority] shall determine and keep under review a policy with respect to the provision of, and the classes or descriptions of case in which it proposes to make charges for, any optional extra or board and lodging in respect of which charges are permitted by Article 130.

(2) No such Board of Governors or board shall make such a charge unless it has both—

(a)determined a policy under paragraph (1) with respect to the making of such charges (its “charging policy”); and

(b)determined a policy (its “remissions policy”)—

(i)setting out any circumstances in which it proposes to remit (in whole or in part) any charge which would otherwise be payable to it in accordance with its charging policy; and

(ii)in the case of such a policy determined by the Board of Governors, setting out also any circumstances in which the Board of Governors proposes to meet (in whole or in part) any charge payable to [F17the Authority] in accordance with [F25the Authority's] charging policy for any optional extra or board and lodging provided for a registered pupil at the school.

(3) Any remissions policy determined by the Board of Governors of a school or by [F17the Authority] shall provide for complete remission of any charges otherwise payable in respect of board and lodging provided for a pupil on a residential trip if—

(a)the education provided on the trip is education in respect of which by virtue of Article 128 no charge may be made; and

(b)his parents are in receipt of income support [F26, any element of child tax credit other than the family element, working tax credit] [F27, an income-based jobseeker's allowance (payable under the Jobseekers (Northern Ireland) Order 1995)] [F28an income-related employment and support allowance (payable under Part 1 of the Welfare Reform Act (Northern Ireland) 2007) or universal credit in such circumstances as may be prescribed for the purposes of this sub-paragraph] F29. . . in respect of any period wholly or partly comprised in the time spent on the trip.

(4) Any such Board of Governors or board shall keep under review any remissions policy determined by it under this Article.

(5) In this Article “optional extra” has the same meaning as in Article 130.

[F30Capital charges in voluntary grammar schools to which Articles 128 to 131 apply where agreement under paragraph 1(1)(b) of Schedule 6 to the principal Order is, or has been, in forceN.I.

132.—(1) This Article applies to a voluntary grammar school to which Articles 128 to 131 apply if—

(a)an agreement with the Department under paragraph 1(1)(b) of Schedule 6 to the principal Order is in force in relation to the school; or

(b)such an agreement was in force in relation to the school at any time on or after 1 April 1992.

(2) Notwithstanding anything in Articles 128 to 131, the Board of Governors of such a school may make a charge in respect of any pupil registered at the school for the purpose of meeting expenditure incurred or to be incurred—

(a)for the provision or alteration of the premises of the school;

(b)for the provision of equipment provided in connection with the provision or alteration of the premises of the school.

(3) A charge under paragraph (2) shall, in the case of pupils of a prescribed description, not exceed such amount as may be prescribed.

(4) References in paragraph (2) to the premises of the school do not include premises used wholly or mainly for boarding purposes.]

[F31Capital charges in voluntary grammar schools to which Articles 128 to 131 apply where agreement is in force under paragraph 1(1)(a) of Schedule 6 to the principal OrderN.I.

132A.—(1) This Article applies to a voluntary grammar school to which Articles 128 to 131 apply if—

(a)an agreement with the Department under paragraph 1(1)(a) of Schedule 6 to the 1986 Order is in force in relation to the school; and

(b)immediately before the coming into force of that agreement, an agreement with the Department was in force under paragraph 1(1)(b) of Schedule 6 to the 1986 Order.

(2) Notwithstanding anything in Articles 128 to 131, the Board of Governors of such a school may, for such period after the date on which the agreement mentioned in paragraph (1)(a) comes into force as the Department may direct, make a charge in respect of any pupil registered at the school for the purpose of meeting expenditure incurred—

(a)for the provision or alteration of the premises of the school;

(b)for the provision of equipment provided in connection with the provision or alteration of the premises of the school.

(3) Paragraphs (3) and (4) of Article 132 shall apply for the purposes of paragraph (2) of this Article as they apply for the purposes of paragraph (2) of that Article.]

Charges in voluntary grammar schools to which Articles 128 to 131 do not applyN.I.

133.—(1) This Article applies to a voluntary grammar school to which, by virtue of Article 127(2), Articles 128 to 131 do not apply.

(2) The Board of Governors of such a school may, subject to regulations, make charges of such amounts as it may determine in respect of any pupil registered at the school for the purpose of meeting expenditure required to carry on the school.

(3) No charge shall be made in respect of the entry of a registered pupil at such a school for anyF32. . . public examination in any [F33specification] for that examination for which the pupil has been prepared at the school.

(4) Paragraphs (2) and (3) do not apply in relation to excepted pupils.

(5) Without prejudice to the generality of paragraph (2), regulations under that paragraph may prescribe—

(a)the types of charges which may be made under that paragraph;

(b)the pupils in respect of whom any type of charge may be made under that paragraph.

Charges in respect of excepted pupilsN.I.

134.—(1) The Board of Governors of a grammar school in which an excepted pupil is registered may, subject to regulations, make charges of such amounts as it may determine in respect of that pupil.

(2) Without prejudice to the generality of paragraph (1), regulations under that paragraph may prescribe—

(a)the types of charges which may be made under that paragraph;

(b)the pupils in respect of whom any type of charge may be made under that paragraph.

Charges for board and lodging at boarding schoolsN.I.

135.—(1) Subject to the following provisions of this Article where any registered pupil at any grant‐aided school is provided at the school with board and lodging at the expense of [F17the Authority] or the Board of Governors of the school, charges shall be payable in respect of the board and lodging by the parent of the pupil concerned to [F34the Authority or the] Board of Governors.

(2) Where [F17the Authority] is satisfied with respect to any pupil F35... that education suitable to his age, ability, aptitude and any special educational needs he may have cannot be provided for him otherwise than by the provision of board and lodging at a particular grant‐aided school, [F17the Authority] shall—

(a)where the school is under its management, remit the whole of the charges payable under this Article; and

(b)where the school is not under its management, pay to [F17the Authority] or Board of Governors to whom the charges are payable under this Article, the whole of those charges.

(3) Where [F17the Authority] is satisfied that payment of the full charges payable under this Article would involve financial hardship to the parent of a pupil who is ordinarily resident in its area, [F17the Authority] —

(a)in the case of charges payable to [F17the Authority] , shall remit so much of those charges as falls in accordance with paragraph (4) to be so remitted; and

(b)in the case of charges payable F36... to the Board of Governors of a school, shall pay so much of those charges as falls in accordance with that paragraph to be so paid.

(4) In the case of any such charges, the amount that falls to be remitted or paid by [F17the Authority] by virtue of paragraph (3)(a) or (b) is—

(a)such part of those charges as [F17the Authority] considers ought not to be paid by the pupil's parent in order to avoid such hardship as is mentioned in that paragraph; or

(b)if in its opinion such hardship cannot otherwise be avoided, the whole of those charges.

Obligation to enter pupils for approved public examinationsN.I.

136.—(1) Subject to the following provisions of this Article, the Board of Governors of every grant‐aided school shall secure that each F37. . . pupil at the school is entered, at such time as it considers appropriate, for eachF38. . . public examination for which he is being prepared at the school at the time in question in each [F39specification] for that examination for which he is being so prepared.

(2) Paragraph (1) shall not require a Board of Governors to secure that a pupil is entered for any examination, or for any examination in any [F39specification] for that examination, if F40. . . —

(a)the Board of Governors considers that there are educational reasons in the case of that particular pupil for not entering him for that examination or (as the case may be) for not entering him for that examination in that [F39specification] and the parent of the pupil agrees that he should not be so entered; or

(b)the parent of the pupil requests in writing that the pupil should not be entered for that examination or (as the case may be) for that examination in that [F39specification] .

[F41(c)the pupil is also being prepared for that examination or (as the case may be) for that examination in that specification at another school in pursuance of arrangements under Article 21 of the Education (Northern Ireland) Order 2006 and those arrangements provide for the Board of Governors of that other school to comply with the duty under paragraph (1) in relation to the examination in question.]

(3) Paragraph (1) shall not require a Board of Governors to secure that a pupil is entered for any examination in any [F42specification] for that examination if the Board of Governors has secured that pupil's entry for anotherF38. . . public examination in a corresponding [F39specification] .

(4) For the purposes of paragraph (3), a [F39specification] for any such examination shall be regarded as corresponding to a [F39specification] for another such examination if the same course of study is provided at the school concerned in preparation for both [F43specifications] .

(5) As soon as practicable after determining whether or not to secure the entry of any pupil for[F44 a] public examination in any [F39specification] for which he is being prepared at the school the Board of Governors of a grant‐aided school shall notify the parent of the pupil in writing of its determination in relation to each such [F39specification].

[F45Recovery of wasted examination feesN.I.

136A.—(1) Notwithstanding Article 128(5) or Article 133(3), where—

(a)the Board of Governors of a grant-aided school has paid or is liable to pay a fee in respect of the entry of a F46. . . pupil at the school for a public examination in any [F47specification] for that examination; and

(b)the pupil fails without good reason to meet any examination requirement for that [F47specification] ,

the Board of Governors may recover the amount of the fee from the pupil's parent.

(2) It shall be for the Board of Governors which has paid or is liable to pay the fee in question to determine for the purposes of this Article any question whether a pupil who has failed to meet an examination requirement had good reason for the failure.]

General and supplementary provisions relating to chargesN.I.

137.—(1) Nothing in the provisions of this Chapter relating to charges shall be read as prohibiting or in any way restricting or regulating any request or invitation by or on behalf of the Board of Governors of any grant-aided school or [F48the Authority] for voluntary contributions for the benefit of the school or any school activities.

(2) Any request or invitation made by or on behalf of any such Board of Governors or board for contributions for the benefit of any school or school activities shall not be regarded for the purposes of paragraph (1) as a request or invitation for voluntary contributions unless it is clear from the terms in which it is made—

(a)that there is no obligation to make any contribution; and

(b)that F49. . . pupils at the school will not be treated differently according to whether or not their parents have made any contribution in response to the request or invitation.

(3) Nothing in Article 128(6) shall prevent the parent of a F50. . . pupil at a grant‐aided school to which this Article applies from being required to pay for or supply any materials for use for the purposes of the production in the course of the provision of education for the pupil at the school of any article incorporating those materials, where the parent has indicated before that requirement is made that he wishes the article to be owned by him or by the pupil.

(4) Nothing in this Chapter relating to charges with respect to a F51. . . pupil at a grant‐aided school shall be read as relating to—

(a)charges made by persons other than the Board of Governors or [F17the Authority] ; or

(b)charges to be paid by persons other than the parent of the pupil or the pupil himself.

[F52(4A) Nothing in the provisions of this Chapter relating to charges applies in relation to charges made by [F17the Authority] under Article 52 of the principal Order.]

(5) The Department may make regulations requiring, in relation to every grant‐aided school to which Articles 128 to 131 apply, [F17the Authority] , the Board of Governors or the principal to make available either generally or to prescribed persons, in such form and manner and at such time as may be prescribed—

(a)such information relevant for the purposes of this Chapter as to the school hours[F53, terms and holidays] at the school; and

(b)such information as to the policies determined under Article 131 which apply in relation to the school,

as may be prescribed.

(6) Any sum payable under Article 130 or 132 to 135[F54 or 136A] by the parent of any F55. . . pupil at a grant‐aided school shall be recoverable summarily as a civil debt.

[F56(7) Nothing in this Chapter shall apply in relation to a school established in a hospital; but no charge shall be made in respect of admission to, or education or equipment provided to a pupil at, any such school.]

Interpretation of Chapter IIN.I.

138.—(1) In this Chapter—

(a)“equipment” does not include clothing;

(b)“excepted pupil” has the meaning assigned to it by Article 127(4);

(c)references to a public examinationF57. . . are references to such an examination as it applies in relation to persons entered for any [F58specification] for that examination with a view to meeting the examination requirements for that [F58specification] so as to qualify for assessment for the purposes of determining their achievements in that examination on any particular occasion in any year when an assessment for the purposes of determining the achievements of persons entered for that examination takes place;

(d)references to an examination requirement for a [F58specification] for any such examination are references to any requirements a pupil must meet in order to qualify for assessment for the purposes of determining his achievements in that examination in that [F58specification] ; and

(e)“residential trip” has the meaning given by Article 128(10).

(2) For the purposes of paragraph (1) an assessment for the purposes of determining the achievements of persons entered for any examination is to be regarded as taking place on any occasion on which it is determined in relation to each person entered for any [F58specification] in that examination who has met the examination requirements for that [F58specification] whether that person has passed or failed and, if grades are assigned for the purposes of the examination, the grade to be assigned in his case.

Para. (3) rep. by 1997 NI 15

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