The Education Reform (Northern Ireland) Order 1989

2.  The provision that may be made by an order under paragraph 1 includes in particular provision— N.I.

(a) for the constitution in accordance with Schedule 5 of the new Board of Governors for the school and in particular for—

(i) regulating the first appointment of foundation governors;

(ii) enabling some or all of the parents and teachers elected to the existing governing authority of a grant‐aided school to be treated for the purposes of Schedule 5 as having been duly elected to the new Board of Governors and making transitional provision in relation to the terms of office of such persons;

(iii) empowering the voting members of the new Board of Governors to exercise the powers of co‐option conferred by Article 122 or 139, or the powers of appointment conferred by Article 13(3A) of the principal Order;

(iv) empowering the new Board of Governors to make arrangements for the election of persons under paragraph 2(1)(c) and (d) of Schedule 5;

(v) applying Article 13 of the principal Order in relation to the new Board of Governors;

(b) for the exercise by the new Board of Governors in relation to the school, in such circumstances and in such manner and subject to such conditions as may be specified in the order, of any functions so specified corresponding to any of the functions that would be exercisable by it on its incorporation, including in particular—

(i) power to appoint members of staff to take up employment on or after the incorporation date in relation to the school;

(ii) power to enter into contracts for the purpose of or in connection with the management and control of the school on or after that date;

(iii) functions under[F1 Part III of the Education (Northern Ireland) Order 1997]; and

(iv) functions in relation to the framing of the scheme of management for the school;

(c) excluding or modifying any function of [F2 the Authority] or of the existing governing authority in relation to any matter to which any function exercisable by the new Board of Governors in accordance with any provision made by virtue of sub‐paragraph (b) applies;

(d) for—

(i) requiring the new Board of Governors to be consulted before [F2 the Authority] or the existing governing authority exercises in relation to the school any function of a description specified in the order or takes in relation to the school any action of a description so specified; or

(ii) requiring or enabling the new Board of Governors to participate in the exercise in relation to the school of any such function or in the taking in relation to the school of any such action,

in such circumstances and in such manner as may be so specified; and

(e) with respect to the proceedings of the new Board of Governors and the authentication of its actions (including the making or issue of any instrument by it or on its behalf).

F1 1998 NI 13

F2 Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 1(1)(a) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)