The Education Reform(Northern Ireland) Order 1989

SCHEDULES

Article 5(3) and (7).

SCHEDULE 1 AREAS OF STUDY AND LISTED CONTRIBUTORY SUBJECTS

(1) Area of Study	(2) Listed Contributory Subjects
English	English English Literature
Mathematics	Mathematics
Science and Technology	Science Biology Chemistry Physics Technology and Design Craft, Design and Technology Home Economics
The Environment and Society	History Geography Local Studies Community Studies Political Studies Business Studies Road Traffic Studies
Creative and Expressive Studies	Art and Design Music Drama Physical Education Media Studies
Language Studies	French German Italian Spanish Irish Classics

Article 6.

SCHEDULE 2 COMPULSORY CONTRIBUTORY SUBJECTS

(1)	(2)	(3)	(4)
Area of Study	Compulsory contributory subjects in key stages 1 and 2	Compulsory contributory subjects in key stage 3	Compulsory contributory subjects in key stage 4
Note: An “(A)” placed after an entry signifies that the compulsory contributory subject to which that entry relates is one in which pupils are required under Article 6(3) to be assessed.
English	English (A)	English (A)	English (A)
Mathematics	Mathematics (A)	Mathematics (A)	Mathematics (A)
Science and Technology	Science (A) Technology and Design (A)	Science (A) Technology and Design (A)	Science (A) Technology and Design (A)
The Environment and Society	History (A) Geography (A)	History (A) Geography (A)	History or Geography (A)
Creative and Expressive Studies	Art and Design Music Physical Education	Art and Design Music Physical Education	Art and Design or Music or Drama Physical Education
Language Studies	Irish (in Irish speaking schools only) (A)	French or German or Italian or Spanish or Irish (A)	French or German or Italian or Spanish or Irish (A)

Articles 18(2)and 20(2).

SCHEDULE 3 THE NORTHERN IRELAND CURRICULUM COUNCIL AND THE NORTHERN IRELAND SCHOOLS EXAMINATIONS AND ASSESSMENT COUNCIL

Preliminary

1.  References in this Schedule to the Council are references to each of the following bodies—

(a) the Northern Ireland Curriculum Council; and

(b) the Northern Ireland Schools Examinations and Assessment Council.

Constitution and status

2.—(1) The Council shall be a body corporate to which, subject to the following provisions of this Schedule, section 19 of the Interpretation Act (Northern Ireland) 1954(1) shall apply.

(2) The Council shall not be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and its property shall not be regarded as property of, or property held on behalf of, the Crown.

3.—(1) The Council shall consist of a chairman and not fewer than 9 or more than 17 other members.

(2) The chairman and other members of the Council shall be appointed by the Head of the Department and shall be persons appearing to the Head of the Department to have knowledge or experience relevant to the functions of the Council.

(3) The Council may elect a deputy chairman from among its members.

(4) The Head of the Department may appoint two assessors to the Council who shall be entitled to receive notice of, and to attend and speak at, meetings of the Council and of committees and sub-committees thereof, but shall not be entitled to vote.

(5) Section 18(2) of the Interpretation Act (Northern Ireland) 1954 (except so much thereof as relates to remuneration) shall apply to the appointment of assessors under sub-paragraph (4).

Qualifications of members and tenure of office

4.—(1) A person shall hold and vacate office as a member or as chairman of the Council in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment.

(2) A member shall be deemed to have vacated his office and the Council shall declare his place vacant in the following circumstances—

(a) where he gives to the Head of the Department a notice in writing of his resignation;

(b) where he becomes bankrupt or makes a composition with his creditors;

(c) where, in the opinion of the Head of the Department, he becomes unable or unfit to discharge the functions of a member and the Head of the Department so informs the Council in writing;

(d) where he is convicted of an indictable offence and is sentenced to a term of imprisonment of not less than three months; or

(e) where he fails, without leave of the Council, to attend any meetings of the Council or of a committee or sub-committee thereof for a period of 6 consecutive months.

(3) If the chairman or deputy chairman of the Council ceases to be a member of the Council, he shall also cease to be chairman or deputy chairman.

Committees

5.—(1) The Council shall appoint a Finance Committee.

(2) The Council may appoint such other committees as it thinks fit.

(3) A committee appointed under sub-paragraph (2) may include persons who are not members of the Council.

(4) The Council may delegate any of its functions to a committee, but functions which relate to finance may be delegated only to the Finance Committee.

(5) The Council may authorise a committee to appoint sub-committees for such purposes as the Council may approve and the membership of such sub-committees may include persons who are not members of the Council or of the committee which appointed the sub-committee.

(6) The powers of any committee or any sub-committee appointed under this paragraph shall be exercised, and the proceedings of the committee or sub-committee shall be regulated, in accordance with, and subject to, any directions given by the Council.

Procedure

6.  The proceedings of the Council or of any committee or sub-committee shall not be invalidated by any vacancy in the membership of the Council, or of any committee or sub-committee, or by any defect in the appointment of a member.

7.  Without prejudice to section 19(1)(a)(v) of the Interpretation Act (Northern Ireland) 1954(2), the Council shall make standing orders relating to the convening of meetings of the Council and of committees and sub-committees, the fixing of the quorum, the conduct of business at meetings, the keeping of minutes, accounts and other records, the signing of cheques, the custody of deeds and other documents, the duties of officers and such other matters connected with the conduct of its business as it thinks fit.

8.  The common seal of the Council shall, when applied to a document, be attested by the signatures of any two members of the Council authorised by the Council to act for that purpose.

9.  The power of the Council under section 19(1)(a)(iv) of the Interpretation Act (Northern Ireland) 1954 to acquire, hold, dispose of or charge real property shall not be exercised without the approval of the Department.

Staff

10.—(1) The right of the Council under section 19(1)(a)(vi) of the Interpretation Act (Northern Ireland) 1954 to employ staff shall be exercised subject to any directions which may be given by the Department with respect to the number and terms and conditions of service of persons employed or to be employed by the Council.

(2) The officers of the Council (other than the chief executive) shall be appointed at such rates of remuneration as the Council may, with the consent of the Department, determine.

(3) The Council shall have a chief executive who shall be appointed—

(a) in the case of a person who is also chairman of the Council, by the Head of the Department;

(b) in any other case, by the Council with the approval of the Department.

(4) The appointment of the chief executive shall be on such terms and conditions as the Department (in the case of an appointment under sub-paragraph (3)(a)) or the Council after consultation with the Department (in the case of an appointment under sub-paragraph (3)(b)) may determine.

(5) No member of the Council other than the chairman shall be appointed as chief executive.

(6) A person who is an officer of the Council (other than the chief executive) shall not be qualified to be a member of the Council.

(7) The Council may, in accordance with arrangements determined by the Department, make provision for the payment on death or retirement of pensions, gratuities or other like benefits to or in respect of the service of officers of the Council.

Allowances

11.  The Council may pay to any member of the Council or to any member of a committee or sub-committee thereof (including persons who are not members of the Council) travelling, subsistence and other allowances at such rates as the Department may approve.

Miscellaneous

12.  The Council may, in the exercise of any of its functions, form bodies corporate, but shall only do so with the approval of the Department and subject to such conditions as the Department may specify in granting any such approval.

Article 58(1).

SCHEDULE 4 PROVISIONS RELATING TO THE STAFF OF SCHOOLS WITH DELEGATED BUDGETS

Application of this Schedule

1.—(1) Subject to sub-paragraph (2), this Schedule applies to a school at any time when it has a delegated budget.

(2) Paragraphs 3 to 6 do not apply to teaching staff in a maintained school other than a Catholic maintained school.

(3) In the application of paragraph 7 to teaching staff in a maintained school, other than a Catholic maintained school, sub-paragraph (5) shall be omitted.

Determination of staff complement

2.  Every school to which this Schedule for the time being applies shall have a complement of teaching and non-teaching posts determined by the Board of Governors of the school.

Discipline

3.—(1) The regulation of conduct and discipline in relation to the staff of any school to which this Schedule for the time being applies, and any procedures for affording to members of the staff opportunities for seeking redress of any grievances relating to their employment, shall be under the control of the Board of Governors.

(2) The Board of Governors of any such school shall, after consultation with the employing authority, establish—

(a) disciplinary rules and procedures; and

(b) procedures such as are mentioned in sub-paragraph (1),

and shall take such steps as appear to it to be appropriate for making them known to the staff at the school.

(3) Where the implementation of any determination made by the Board of Governors in the exercise of its control over the conduct and discipline of the staff of any such school requires any action which—

(a) is not within the functions exercisable by the Board of Governors by virtue of the Education Orders; and

(b) is within the power of the employing authority,

it shall be the duty of the employing authority to take that action at the request of the Board of Governors.

Suspension

4.—(1) In the case of any school to which this Schedule for the time being applies, the Board of Governors and the principal shall both have power to suspend any person employed to work at the school where, in the opinion of the Board of Governors or (as the case may be) of the principal, his exclusion from the school is required.

(2) The Board of Governors or principal, when exercising that power, shall immediately inform the employing authority and the principal or (as the case may be) the Board of Governors.

(3) Any suspension under this paragraph may only be ended by the Board of Governors; and the Board of Governors shall, on ending such a suspension, immediately inform the employing authority and the principal.

(4) In this paragraph “suspend” means suspend without loss of emoluments.

Dismissal, etc.

5.—(1) Where the Board of Governors of any school to which this Schedule for the time being applies determines that any person employed to work at the school under a particular contract of employment should cease to work there under that contract, it shall notify the employing authority in writing of its determination and the reasons for it.

(2) If in a case within sub-paragraph (1)—

(a) the person concerned is employed under the contract of employment in question to work solely at the school; and

(b) he does not resign,

the employing authority shall, before the end of the period of one month beginning with the date on which the notification under sub-paragraph (1) is given in relation to him, either give him such notice terminating that contract with the employing authority as is required under that contract or terminate that contract without notice if the circumstances are such that it is entitled to so do by reason of his conduct.

(3) If in a case within sub-paragraph (1) the person concerned is not employed under the contract of employment in question to work solely at the school the employing authority shall require him to cease to work at the school.

(4) In any case within sub-paragraph (3) no part of the costs incurred by a board in respect of the emoluments of the person concerned under the contract of employment in question, so far as relates to any period falling after the expiration of his contractual notice period, shall be met from the school’s budget share.

(5) In relation to any such person, the reference in sub-paragraph (4) to his contractual notice period is a reference to the period of notice that would have been required under the contract of employment in question for termination of that contract if such notice had been given on the date on which the notification under sub-paragraph (1) was given in relation to him.

(6) The Board of Governors of such a school shall make arrangements for affording to any person in respect of whom it proposes to make any determination under sub-paragraph (1) an opportunity of making representations with respect to the action it proposes to take, including (if he so wishes) oral representations to such person or persons as the Board of Governors may appoint for the purpose, and shall have regard to any representations made by him.

(7) The Board of Governors of such a school shall also make arrangements for affording to any person in respect of whom it has made such a determination an opportunity of appealing against it before it notifies the employing authority of the determination.

(8) The relevant officer of the employing authority shall be entitled to attend, for the purpose of giving advice, all proceedings of the Board of Governors relating to any determination under sub-paragraph (1) and the Board of Governors shall consider any advice given by a person entitled to attend such proceedings under this sub-paragraph before making any such determination.

6.—(1) Subject to sub-paragraph (2), the employing authority shall not dismiss a person employed by it to work solely at a school to which this Schedule for the time being applies except as provided by paragraph 5.

(2) Sub-paragraph (1) shall not apply in any case where the dismissal of the person in question is required under any regulations made under Article 70 or 88A of the principal Order.

Payments in respect of dismissals, resignations, etc.

7.—(1) Subject to sub-paragraph (2), it shall be for the Board of Governors of any school to which this Schedule for the time being applies to determine—

(a) whether any payment should be made by the relevant board in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of the school; and

(b) the amount of any such payment.

(2) Sub-paragraph (1) does not apply in relation to any payment which is required to be made—

(a) by virtue of any contract other than one made in contemplation of the impending dismissal or resignation of the member of staff concerned; or

(b) under any statutory provision.

(3) The relevant board—

(a) shall take such steps as may be required for giving effect to any determination of the Board of Governors of any such school under sub-paragraph (1); and

(b) shall not make, or agree to make, any payment to which that sub-paragraph applies in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of any such school otherwise than in accordance with any such determination.

(4) Costs incurred by the relevant board in respect of the dismissal, or premature retirement, or for the purpose of securing the resignation, of any member of the staff of any such school shall not be met from the school’s budget share for any financial year except in so far as the board has good reason for deducting those costs, or any part of those costs, from that share.

(5) The fact that the employing authority has a policy precluding dismissal of its employees by reason of redundancy is not to be regarded as a good reason for the purposes of sub-paragraph (4).

(6) In this paragraph “the relevant board” means—

(a) in relation to a member of the staff of a controlled school, the board responsible for the management of the school;

(b) in relation to a member of the staff of a maintained school, the board by which the school is maintained.

School meals staff

8.  Nothing in paragraphs 2 to 7 shall apply in relation to a person employed to work at a school to which this Schedule for the time being applies, where—

(a) the person concerned is to be, or is, employed to work solely in connection with the provision of a schools meals service; and

(b) no allowance is made for expenditure on or in connection with the provision of such a service in determining the school’s budget share.

Application of employment law

9.—(1) The Department may by order make such modifications in any statutory provision relating to employment and, in particular, in any statutory provision—

(a) conferring powers or imposing duties on employers;

(b) conferring rights on employees; or

(c) otherwise regulating the relations between employers and employees;

as it considers necessary or expedient in consequence of the operation of any of the provisions of this Schedule.

(2) Before making any order under this paragraph, the Department shall consult—

(a) the boards;

(b) the Council for Catholic Maintained Schools;

(c) the Boards of Governors of maintained schools (other than Catholic maintained schools) or any body representing their interests;

(d) such organisations representing staff in schools required to be covered by schemes under Article 46 as appear to the Department to be concerned; and

(e) such other persons as the Department thinks fit.

Interpretation

10.—(1) In this Schedule “employing authority” means—

(a) in relation to teachers and other staff in a controlled school, the board responsible for the management of the school;

(b) in relation to teachers in a Catholic maintained school, the Council for Catholic Maintained Schools;

(c) in relation to other staff in a Catholic maintained school, the board by which the school is maintained; and

(d) in relation to staff other than teachers in a maintained school other than a Catholic maintained school, the board by which the school is maintained.

(2) In paragraph 5(8) “the relevant officer” of the employing authority means—

(a) where the employing authority is a board, the chief education officer of the board or another officer of the board nominated by him;

(b) where the employing authority is the Council for Catholic Maintained Schools, the Director of the Council or another officer of the Council nominated by him.

Article 66(1).

SCHEDULE 5 MEMBERSHIP OF BOARD OF GOVERNORS OF GRANT-MAINTAINED INTEGRATED SCHOOLS

1.  The Board of Governors of a grant-maintained integrated school shall consist of—

(a) either 16 or 24 persons (in this Schedule and Schedule 6 referred to as “voting members”);

(b) the principal of the school who shall be entitled to attend and take part in meetings of the Board of Governors but not to vote on any question; and

(c) persons co-opted under Articles 122 and 139 who shall be entitled to attend and take part in meetings of the Board of Governors but not to vote on any question.

2.—(1) Of the voting members of the Board of Governors of a grant-maintained integrated school—

(a) three-eighths shall be foundation governors, at least one-third of whom shall, at the time of their appointment, be parents of pupils attending the school;

(b) one-quarter shall be appointed by the Head of the Department;

(c) one-quarter shall be elected by parents of pupils attending the school from amongst parents of such pupils;

(d) one-eighth shall be elected by assistant teachers at the school from amongst such assistant teachers.

(2) In this paragraph—

“assistant teacher” means a teacher, other than the principal or a temporary or part-time teacher, employed on the staff of a school;

“foundation governors” means persons appointed—

(a)

when appointments are first made to the Board of Governors, by the body or person by which or by whom the relevant proposal was submitted under Article 71(1) or (2);

(b)

on any subsequent appointment to the Board of Governors, by the persons holding office as foundation governors,

being persons appearing to the body or persons appointing them to be persons committed to the good management and continuing viability of the school as a grant-maintained integrated school;

“relevant proposal”, in relation to a grant-maintained integrated school, means the proposal approved by the Department for the acquisition of grant-maintained integrated status for the school or (as the case may be) for the establishment of the school as a grant-maintained integrated school.

3.  The Department may make such provision as it thinks fit for filling vacancies for foundation governors if it appears to the Department that the persons responsible for appointing persons to fill such vacancies are unable or unwilling to do so or that the vacancies cannot otherwise be filled.

4.  The Board of Governors shall, with the approval of the Department, make arrangements for the election of persons under paragraph 2(1)(c) and (d) and such arrangements shall ensure that any vote taken for the purpose of any such election shall be by secret ballot.

5.  Subject to any transitional provision made by an order under paragraph 1 of Schedule 6, the term of office of a member of the Board of Governors shall be such as is specified in the scheme of management for the school.

Article 71(12).

SCHEDULE 6 TRANSITION TO GRANT-MAINTAINED INTEGRATED STATUS

1.—(1) Where the Department approves a proposal for acquisition of grant-maintained integrated status in respect of any school it may by order made at any time on or after the date on which it approves the proposal and before the incorporation date in relation to the school make such provision as it considers appropriate in connection with the school’s transition to grant-maintained integrated status and the impending transfer of responsibility for the management and control of the school to a Board of Governors constituted in accordance with Schedule 5.

(2) In this Schedule, in relation to any school in respect of which such a proposal has been approved,—

“the existing governing authority” means, in the case of a grant-aided school, the Board of Governors of the school constituted under the principal Order and, in the case of an independent school, the proprietor of the school;

“the new Board of Governors” means the first Board of Governors constituted for the school in accordance with Schedule 5.

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

(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 Part IV of this Order; and

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

(c) excluding or modifying any function of the board 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 the board 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).

3.—(1) The Department may make grants to the new Board of Governors in respect of expenditure incurred or to be incurred by it in pursuance of any provision made by an order under paragraph 1.

(2) The Department may impose on a new Board of Governors to which any such payment is made such requirements as it may from time to time determine (whether before, at or after the time when the payment in question is made).

(3) The functions of a board in relation to a school in respect of which a proposal for acquisition of grant-maintained integrated status has been approved shall not include the meeting of any expenses incurred by the new Board of Governors of the school.

4.—(1) On and after the incorporation date in relation to a grant-maintained integrated school any appointment made, contract entered into or other thing done by the new Board of Governors in pursuance of any provision made by an order under paragraph 1, so far as subsisting or in force immediately before that date, shall be treated as having been made, entered into or done by the new Board of Governors as a body corporate.

(2) Any property acquired by the new Board of Governors before the incorporation date for the purposes of or in connection with the doing of anything in pursuance of any provision so made shall on that date be transferred to, and by virtue of this Order vest in, the new Board of Governors as a body corporate.

5.—(1) The first scheme of management for a grant-maintained integrated school shall be framed not later than the end of the period of six months beginning with the incorporation date in relation to the school and may be framed before that date to come into force on that date.

(2) In relation to any time on or after the incorporation date when no scheme of management is in force in respect of any such school, the Department may by direction make with respect to the school any provision it considers appropriate for dealing with any matters relating to the school that could be dealt with by a scheme of management.

(3) Any direction under sub-paragraph (2) in relation to any school—

(a) shall be in writing;

(b) may be given at any time on or after the date on which the proposal for acquisition of grant-maintained integrated status for the school is approved.

(4) At any time when any such direction is in force in relation to a school, the school shall be managed and controlled in accordance with the provisions of that direction.

(5) The reference in Article 67(1) to any provision of the scheme of management of a grant-maintained integrated school shall include a reference to any provision of a direction under sub-paragraph (2) in relation to such a school.

6.  Except as provided in an order under paragraph 1, the new Board of Governors shall not exercise any functions in relation to the school before the incorporation date, and, except as so provided, references in the Education Orders to a Board of Governors shall not, in relation to any time before that date, be taken to include references to the new Board of Governors.

Articles 100(3) and 101(3) and (4).

SCHEDULE 7 COURSES OF HIGHER EDUCATION

1.  The descriptions of courses referred to in Article 100(3) are the following—

(a) a course for the further training of teachers or youth and community workers;

(b) a course for the Higher National Diploma or Higher National Certificate of the Business & Technician Education Council, or the Diploma in Management Studies;

(c) a course in preparation for a professional examination at higher level;

(d) a course providing education at a higher level (whether or not in preparation for an examination);

(e) a post-graduate course (including a higher degree course);

(f) a first degree course;

(g) a course for the Diploma of Higher Education;

(h) a course for the Certificate in Education.

2.  For the purposes of paragraph 1(c) a professional examination is at higher level if its standard is higher than the standard of examinations at advanced level for the General Certificate of Education or the examination for the National Certificate or the National Diploma of the Business & Technician Education Council.

3.  For the purposes of paragraph 1(d) a course is to be regarded as providing education at a higher level if its standard is higher than the standard of courses providing education in preparation for any of the examinations mentioned in paragraph 2.

Article 141(2).

SCHEDULE 8 THE COUNCIL FOR CATHOLIC MAINTAINED SCHOOLS

Constitution

1.  The Council shall be a body corporate to which, subject to the following provisions of this Schedule, section 19 of the Interpretation Act (Northern Ireland) 1954(3) shall apply.

2.—(1) The Council shall consist of—

(a) the Archbishop of Armagh or a person nominated by him;

(b) the Bishops of Clogher, Derry, Down and Connor, Dromore and Kilmore or, in each case, a person nominated by that Bishop;

(c) 14 persons appointed by the Archbishop and Bishops mentioned in heads (a) and (b) acting jointly;

(d) 8 persons appointed by the Head of the Department after consultation with the said Archbishop and Bishops;

(e) 4 parents appointed in accordance with sub-paragraphs (2) and (3) by the Council after consultation with the Head of the Department from amongst parents elected under paragraph 2(3) of Schedule 5 to the principal Order to the Boards of Governors of Catholic maintained schools;

(f) 4 assistant teachers appointed in accordance with sub-paragraphs (2) and (3) by the Council after consultation with the Head of the Department from amongst assistant teachers elected under paragraph 2(3) of Schedule 5 to the principal Order to the Boards of Governors of Catholic maintained schools.

(2) For the purposes of appointments to the Council under sub-paragraph (1)(e) and (f) 15 parents and 15 assistant teachers shall be nominated by diocesan education committees established under paragraph 3 as follows, namely—

(a) 3 parents and 3 assistant teachers shall be nominated by the diocesan education committee for the Archdiocese of Armagh;

(b) 2 parents and 2 assistant teachers shall be nominated by the diocesan education committee for the dioceses of Clogher and Kilmore;

(c) 3 parents and 3 assistant teachers shall be nominated by the diocesan education committee for the diocese of Derry;

(d) 5 parents and 5 assistant teachers shall be nominated by the diocesan education committee for the diocese of Down and Connor;

(e) 2 parents and 2 assistant teachers shall be nominated by the diocesan education committee for the diocese of Dromore,

and the persons nominated by each diocesan education committee shall, as equitably as possible, represent the interests of primary schools and of secondary schools within the area of that committee.

(3) The persons appointed to the Council under sub-paragraph (1)(e) and (f) shall be chosen by the Council from amongst those nominated under sub-paragraph (2) and shall be so chosen as to represent as equitably as possible the interests of both primary and secondary schools and the interests of each of the areas for which a diocesan education committee is appointed under paragraph 3.

(4) The Department may, after consultation with the Archbishop of Armagh, by order amend this paragraph.

Diocesan education committees

3.—(1) There shall be established a committee of the Council, to be known as a diocesan education committee, for each of the following areas, namely—

(a) the Archdiocese of Armagh;

(b) the Dioceses of Clogher and Kilmore;

(c) the Diocese of Derry;

(d) the Diocese of Down and Connor;

(e) the Diocese of Dromore.

(2) The diocesan education committee for the Archdiocese of Armagh shall consist of—

(a) the Archbishop of Armagh or a person nominated by him;

(b) 9 persons appointed by the trustees of Catholic maintained schools in the Archdiocese;

(c) 4 persons appointed by the Head of the Department after consultation with the said Archbishop;

(d) 2 parents appointed by the committee from amongst parents elected under paragraph 2(3) of Schedule 5 to the principal Order to the Boards of Governors of Catholic maintained schools in the Archdiocese;

(e) 2 assistant teachers appointed by the committee from amongst assistant teachers elected under paragraph 2(3) of Schedule 5 to the principal Order to the Boards of Governors of Catholic maintained schools in the Archdiocese.

(3) The diocesan education committee for the dioceses of Clogher and Kilmore shall consist of—

(a) the Bishop of Clogher or a person nominated by him and the Bishop of Kilmore or a person nominated by him;

(b) 4 persons appointed by the trustees of Catholic maintained schools in those dioceses;

(c) 2 persons appointed by the Head of the Department after consultation with the said Bishops;

(d) 1 parent appointed by the committee from amongst parents elected under paragraph 2(3) of Schedule 5 to the principal Order to the Boards of Governors of Catholic maintained schools in those dioceses;

(e) 1 assistant teacher appointed by the committee from amongst assistant teachers elected under paragraph 2(3) of Schedule 5 to the principal Order to the Boards of Governors of Catholic maintained schools in those dioceses.

(4) The diocesan education committee for the diocese of Derry shall consist of—

(a) the Bishop of Derry or a person nominated by him;

(b) 9 persons appointed by the trustees of Catholic maintained schools in that diocese;

(c) 4 persons appointed by the Head of the Department after consultation with the said Bishop;

(d) 2 parents appointed by the committee from amongst parents elected under paragraph 2(3) of Schedule 5 to the principal Order to the Boards of Governors of Catholic maintained schools in the diocese;

(e) 2 assistant teachers appointed by the committee from amongst assistant teachers elected under paragraph 2(3) of Schedule 5 to the principal Order to the Boards of Governors of Catholic maintained schools in the diocese.

(5) The diocesan education committee for the diocese of Down and Connor shall consist of—

(a) the Bishop of Down and Connor or a person nominated by him;

(b) 9 persons appointed by the trustees of Catholic maintained schools in that diocese;

(c) 4 persons appointed by the Head of the Department after consultation with the said Bishop;

(d) 2 parents appointed by the committee from amongst parents elected under paragraph 2(3) of Schedule 5 to the principal Order to the Boards of Governors of Catholic maintained schools in the diocese;

(e) 2 assistant teachers appointed by the committee from amongst assistant teachers elected under paragraph 2(3) of Schedule 5 to the principal Order to the Boards of Governors of Catholic maintained schools in the diocese.

(6) The diocesan education committee for the diocese of Dromore shall consist of—

(a) the Bishop of Dromore or a person nominated by him;

(b) 5 persons appointed by the trustees of Catholic maintained schools in that diocese;

(c) 2 persons appointed by the Head of the Department after consultation with the said Bishop;

(d) 1 parent appointed by the committee from amongst parents elected under paragraph 2(3) of Schedule 5 to the principal Order to the Boards of Governors of Catholic maintained schools in the diocese;

(e) 1 assistant teacher appointed by the committee from amongst assistant teachers elected under paragraph 2(3) of Schedule 5 to the principal Order to the Boards of Governors of Catholic maintained schools in the diocese.

(7) The Department may, after consultation with the Council, by order amend sub-paragraphs (1) to (6).

(8) The functions to be performed by diocesan education committees shall be specified in a scheme made by the Council and approved by the Department and that scheme may provide for such functions as are specified in the scheme to be performed by diocesan education committees on behalf of, and in the name of, the Council.

(9) Where a scheme is submitted to the Department for its approval under sub-paragraph (8) the Department may before approving the scheme make such modifications (if any) in the scheme as after consultation with the Council it considers necessary or expedient.

(10) A diocesan education committee may appoint such sub-committees as it considers necessary and may authorise any such sub-committee all the members of which are members of the committee to perform specific functions on behalf of, and in the name of, the committee.

(11) Paragraphs 5 to 8 (except paragraph 5(2)) shall apply in relation to a diocesan education committee as they apply in relation to the Council, but with the substitution for references to a committee of the Council of references to a sub-committee of the diocesan education committee.

Other committees of the Council

4.  The Council may appoint such other committees as it considers necessary and may authorise any such committee all the members of which are members of the Council to perform specific functions on behalf of, and in the name of, the Council.

Terms of appointment

5.—(1) Subject to sub-paragraph (2), the members of the Council shall be appointed in the year 1990, the year 1993 and in every fourth year thereafter.

(2) The following members of the Council, namely—

(a) one half of those appointed under paragraph 2(1)(c); and

(b) one half of those appointed under paragraph 2(1)(d),

shall be appointed in the year 1990, the year 1995 and in every fourth year thereafter.

(3) A person appointed to the Council in accordance with sub-paragraph (1) or (2) shall become a member of the Council from such date as shall be specified in his appointment; and the appointment shall cease to have effect after the day preceding that from which the first of the next subsequent appointments made to the Council in accordance with sub-paragraph (1) or (as the case may be) sub-paragraph (2) are effective.

(4) A member of the Council shall, on the expiry of his term of office, be eligible for re-appointment.

(5) A vacancy occurring in the membership of the Council shall be filled by a person nominated or appointed by the same person or body and in the same manner as the member being replaced and that person shall hold office for the residue of the term of office of that member.

Resignation and disqualification

6.  A member of the Council may resign therefrom by giving notice in writing to the Council and, in the case of a member appointed by the Head of the Department, to the Head of the Department.

7.—(1) A person shall be disqualified for being a member of the Council if—

(a) he is employed by the Council, otherwise than as an assistant teacher within the meaning of Schedule 5 to the principal Order;

(b) he has been adjudged bankrupt or has made a composition with his creditors;

(c) he has, within the last five years immediately preceding the day of his appointment or at any time thereafter, been convicted by a court in Northern Ireland or elsewhere in the British Islands of any offence and ordered to be imprisoned for a period of not less than three months without the option of a fine.

(2) A person appointed to the Council by the Council from amongst parents or assistant teachers elected under paragraph 2(3) of Schedule 5 to the principal Order to the Boards of Governors of Catholic maintained schools shall if he ceases to hold office as a member of the Board of Governors of a Catholic maintained school cease to be a member of the Council.

(3) Where a member of the Council becomes disqualified under sub-paragraph (1) or is absent from meetings of the Council for more than 6 months consecutively, or a person ceases to be a member of the Council under sub-paragraph (2), the Council shall forthwith declare his office vacant.

(4) Attendance as a member of the Council at any meeting of a committee of the Council shall for the purposes of sub-paragraph (3) be regarded as an attendance at a meeting of the Council.

Procedure

8.—(1) The proceedings of the Council shall not be invalidated by any vacancy among its members or by any defect in the appointment or qualification of any of its members.

(2) Without prejudice to the generality of sub-paragraph (1), the Council shall be regarded as fully constituted notwithstanding that parents and assistant teachers to be appointed to the Council by the Council have not yet been appointed.

9.—(1) Without prejudice to section 19(1)(a)(v) of the Interpretation Act (Northern Ireland) 1954(4), the Council shall make standing orders for the Council and its committees and sub-committees relating to—

(a) the convening of meetings;

(b) the fixing of the quorum;

(c) the conduct of business at meetings;

(d) the disclosure by a member of any pecuniary interest in, or family relationship relevant to, any matter to be discussed at a meeting and the withdrawal by such a member from any discussion on that matter;

(e) the keeping of minutes and other records;

(f) the signing of cheques;

(g) the custody of deeds and other documents;

(h) the duties of officers;

(i) such other matters connected with the conduct of business as the Council thinks fit.

(2) Articles 95(1) to (5), 96, 97 and 98 of the principal Order shall apply in relation to the Council (but not a committee or sub-committee of the Council) as they apply in relation to a board.

10.  The common seal of the Council shall, when applied to a document, be attested by the signatures of any two members of the Council authorised by the Council to act for that purpose.

Staff

11.—(1) The right of the Council under section 19(1)(a)(vi) of the Interpretation Act (Northern Ireland) 1954 to employ staff shall be exercised subject to any directions which may be given by the Department with respect to the number and terms and conditions of service of persons employed or to be employed by the Council.

(2) The officers of the Council shall be appointed at such rates of remuneration as the Council may, with the consent of the Department, determine.

(3) The Council may, in accordance with arrangements approved by the Department, make provision for the payment on death or retirement of pensions, gratuities or other like benefits to or in respect of the service of officers of the Council.

(4) The Council shall appoint a fit person approved by the Department to be its Director.

(5) The Council shall not employ as a paid officer of the Council a person who is, or has within the preceding 12 months been, a member of the Council or a diocesan education committee.

12.—(1) Subject to sub-paragraph (2), this paragraph applies to any person employed immediately before the appointed day by the Interim Council for Catholic Maintained Schools established in accordance with the memorandum published by the Department on 17th September 1987 (in this paragraph referred to as “the former employer”).

(2) This paragraph does not apply to a person—

(a) whose contract of employment terminates on the day immediately preceding the appointed day; or

(b) employed for a temporary period.

(3) The contract of employment between a person to whom this paragraph applies and the former employer shall have effect from the appointed day as if originally made between him and the Council.

(4) Without prejudice to sub-paragraph (3)—

(a) all the former employer’s rights, powers, duties and liabilities under or in connection with a contract to which that sub-paragraph applies shall by virtue of this paragraph be transferred to the Council on the appointed day; and

(b) anything done before that day by or in relation to the former employer in respect of that contract or the employee shall be deemed from that day to have been done by or in relation to the Council.

(5) Sub-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 this paragraph.

Allowances

13.  The Council may pay to any member of the Council or a committee or sub-committee thereof travelling, subsistence and other allowances at such rates as the Department may approve.

Financial arrangements

14.—(1) The Council shall, at such times, in such form and in respect of such periods as the Department may direct, submit to the Department in relation to each such period estimates of its payments and receipts in respect of its functions and the Department may approve any such estimates with or without modifications in respect of such periods as the Department considers appropriate.

(2) The Council may at any time where necessary submit supplementary or revised estimates to the Department and the Department may approve any such estimates with or without modifications.

(3) The Council shall submit to the Department such information relating to any estimate submitted under this paragraph as the Department may require.

(4) The Council shall not incur expenditure otherwise than in accordance with estimates approved by the Department under this paragraph.

15.—(1) The Department may pay to the Council in respect of approved expenditure—

(a) incurred for the provision or alteration of premises for the use of the Council, a sum equal to eighty-five per cent. of that expenditure;

(b) incurred for the provision of equipment for the Council, a sum equal to that expenditure.

(2) The Department may pay to the Council grants equal to the approved net expenditure incurred by the Council in accordance with estimates approved under paragraph 14 less the amount of any sums received by the Council otherwise than from the Department.

(3) In sub-paragraph (2) “approved net expenditure” does not include any expenditure mentioned in sub-paragraph (1)(a) or (b).

16.—(1) Where any premises in respect of which the Department has paid a grant under paragraph 15(1)(a) cease to be used for approved purposes of the Council, there shall be payable to the Department by the Council or its successors in title such sum as the Department considers equitable but not exceeding such proportion of the value of the premises as the proportion that the amount of the grant was of the approved cost of the provision or alteration of the premises together with interest on that sum from the date on which the premises ceased to be used as aforesaid until the date of payment to the Department.

(2) Where any site which has been acquired for the purposes of the Council and in respect of which site the Department has paid a grant under paragraph 15(1)(a) ceases in the opinion of the Department to be required for such purposes, there shall be payable to the Department by the Council or its successors in title such sum as the Department considers equitable but not exceeding such proportion of the value of the site as the proportion that the amount of the grant was of the approved cost of the acquisition of the site together with interest on that sum from the date on which the site so ceased to be required until the date of payment to the Department.

(3) Where the Department proposes to pay a grant under paragraph 15(1)(a) in respect of the provision or alteration of premises used or to be used for the purposes of the Council and the new or altered premises in the opinion of the Department replace any premises in respect of which the Department has paid a grant under paragraph 15(1)(a) or (before the coming into operation of this paragraph) under the Educational and Library Services Etc. Grants Regulations (Northern Ireland) 1973(6), the Department may either—

(a) reduce the amount of the grant so payable by such amount as the Department considers equitable; or

(b) attach to the grant a condition that when the replaced premises cease to be used for approved purposes of the Council, there shall be payable to the Department by the Council or its successors in title such amount as the Department considers equitable.

(4) The amount by which a grant may be reduced under sub-paragraph (3)(a) or the amount payable to the Department under sub-paragraph (3)(b) shall consist of a sum not exceeding such proportion of the value of the replaced premises as the proportion that the amount of the grant is or was of the approved cost of the provision of the new or altered premises together with interest on that sum from the date on which the premises ceased to be used as aforesaid until the date of the payment of the grant under sub-paragraph (3)(a) or, as the case may be, the payment to the Department under sub-paragraph (3)(b).

(5) For the purposes of sub-paragraphs (1), (2) and (4) the value of premises or a site shall be taken to be the amount which the premises or site might be expected to realise if sold in the open market on the date on which the premises ceased to be used or the site ceased to be required as aforesaid and where the Department certifies that it is not possible to reach agreement as to such value, the dispute as to such value may be referred to and determined by the Lands Tribunal for Northern Ireland.

(6) Where any equipment in respect of which the Department has paid a grant under paragraph 15(1)(b) ceases to be used for approved purposes of the Council, there shall be payable to the Department by the Council such sum as the Department considers equitable, regard being had to the length of the period during which the equipment was used for those purposes.

(7) For the purposes of sub-paragraphs (1), (2) and (4) interest shall be at such rate as may from time to time be determined by the Department of Finance and Personnel under paragraph 18(2) of Schedule 6 to the Local Government Act (Northern Ireland) 1972(5).

(8) Any sum payable to the Department under this paragraph may be recovered as a debt due to the Department.

17.—(1) The Council shall—

(a) keep, in such form as the Department may direct, proper accounts of all moneys received and of all moneys paid out by it and such other records as the Department may direct;

(b) submit to the Department, on or before such date in each year as the Department may determine, a statement of its accounts in respect of the financial year then last previously occurring, in such form and containing such information as the Department, after consultation with the Department of Finance and Personnel, may determine.

(2) The accounts, books and records of the Council shall be open at all times to inspection by the Comptroller and Auditor General for Northern Ireland and by officers of the Department.

(3) The statement of accounts shall be examined and certified by auditors appointed by the Council and approved by the Department and the report of the auditors thereon shall be sent to the Council and the Department.

(4) The Department shall lay before the Assembly a copy of the statement of accounts together with the report of the auditors thereon.

Transfer of assets and liabilities of Interim Council

18.  On the appointed day all the assets and liabilities of the body referred to in paragraph 12(1) shall be transferred to the Council; and accordingly, as from that day by virtue of this Order and without any further conveyance, transfer or assignment, those assets shall vest in, and those liabilities shall become liabilities of, the Council.

Interpretation

19.  References in this Schedule to an Archbishop or a Bishop are to a Roman Catholic Archbishop or Bishop and references to an Archdiocese or a diocese are to a Roman Catholic Archdiocese or diocese.

Article 166.

SCHEDULE 9 AMENDMENTS

The Exchequer and Financial Provisions Act(Northern Ireland) 1950 (c. 3)

In section 33(1) after “1986” insert “or grant-maintained integrated schools under Article 77(8) of the Education Reform (Northern Ireland) Order 1989” and for “that Order” substitute “the 1986 Order”.

The Commissioner for Complaints Act(Northern Ireland) 1969 (c. 25)

In Part II of Schedule 1 for the entry relating to the Northern Ireland Schools Examinations Council substitute—

“The Northern Ireland Schools Examinations and Assessment Council.”

and at the appropriate place in alphabetical order insert—

“The Council for Catholic Maintained Schools.”.

The Planning (Northern Ireland) Order 1972 (NI 17)

In Article 17A(2) in the definition of “educational institution” in sub-paragraph (e) for “Article 27 of that Order” substitute “Article 100 of the Education Reform (Northern Ireland) Order 1989”.

The Fair Employment (Northern Ireland) Act 1976 (c. 25)

In section 57(1) in the definition of “training” in paragraph (b) for “Article 27(3) of that Order” substitute “Article 100(8) of the Education Reform (Northern Ireland) Order 1989”.

The Sex Discrimination (Northern Ireland)Order 1976 (NI 15)

In Article 24 in paragraph 5 of the Table for the words from “under” to “1986” substitute “under Article 100(8)(b) of the Education Reform (Northern Ireland) Order 1989”.

The Industrial Relations (No. 2) (Northern Ireland)Order 1976 (NI 28)

In Article 39(1)(f) after “1986)” insert “or a committee thereof” and for “management committee” substitute “governing body”.

In Article 39(1) after sub-paragraph (f) insert—

“(g) a member of any of the following bodies established under the Education Reform (Northern Ireland) Order 1989 or a committee or sub-committee thereof, namely—

(i) the Northern Ireland Curriculum Council;

(ii) the Northern Ireland Schools Examinations and Assessment Council;

(iii) the Council for Catholic Maintained Schools.”.

In Article 39(2) for “sub-paragraphs (b) to (f)” substitute “sub-paragraphs (b) to (g)”.

The Rates (Northern Ireland) Order 1977 (NI 28)

In Schedule 13 after “maintained school” insert “or a grant-maintained integrated school”.

The Chronically Sick and Disabled Persons(Northern Ireland) Act 1978 (c. 53)

In section 8(2) for paragraph (b) substitute—

“(b) schools and colleges of education within the meaning of the Education and Libraries (Northern Ireland) Order 1986 and institutions of further education and other institutions providing further education under Article 100 of the Education Reform (Northern Ireland) Order 1989.”.

The Education and Libraries (Northern Ireland)Order 1986 (NI 3)

In each of the following provisions for “this Order” substitute “the Education Orders”—

• Article 2(1), in the last two places where they occur;

• Article 2(2), in the definitions of “grant-aided” and “pupil”;

• Article 3(1);

• Article 7;

• Article 12(1);

• Article 44;

• Article 47;

• Article 48(1);

• Article 62(1);

• Article 92(2)(a) and (b);

• Article 99;

• Article 103(1) and (2);

• Article 105(1) and (4);

• Article 106(2) and (6);

• Article 108;

• Article 109;

• Article 111(1) and (2);

• Article 113(1);

• Article 128;

• Article 129(1) and (2);

• Article 130(1).

• In Article 2(2), at the appropriate places in alphabetical order, insert the following definitions—

  ““Catholic maintained school” has the meaning assigned to it by Article 141(3) of the 1989 Order;

  “the Education Orders” means this Order and the 1989 Order;

  “grant-maintained integrated school” has the meaning assigned to it by Article 65(3) of the 1989 Order;

  “modifications” includes additions, alterations and omissions;

  “part-time senior education” has the meaning assigned to it by Article 100(5) of the 1989 Order;

  “post-school age education” has the meaning assigned to it by Article 100(5) of the 1989 Order;

  “scheme of management” has the meaning assigned to it by Article 9A(1);

  “the 1989 Order” means the Education Reform (Northern Ireland) Order 1989;”.

• In Article 2(2) for the definitions of “controlled integrated school” and “grammar school” substitute, respectively—

  ““controlled integrated school” means a school which has become, or has been established as, a controlled integrated school in accordance with Articles 90 to 92 of the 1989 Order;

  “grammar school” means a secondary school which—

  (a)

  immediately before the coming into operation of Article 128 of the 1989 Order was a school in which fees were charged or could have been charged in respect of pupils admitted to the school, or a school which replaces such a school or schools; or

  (b)

  is established after the coming into operation of that Article and is designated by the Department as a grammar school;”.

• In Article 2(2)—

  (a)

  in the definition of “contributory school” for “intermediate school” wherever it occurs substitute “secondary school”;

  (b)

  in the definition of “further education” for “Article 5(c)” substitute “Article 100 of the 1989 Order”;

  (c)

  in the definition of “managers” after sub-paragraph (c) insert—

  “(cc) in relation to a grant-maintained integrated school, the Board of Governors of the school;”;

  (d)

  in the definition of “nursery school” for “the age of five years” substitute “the lower limit of compulsory school age”;

  (e)

  in the definition of “supply teacher” at the end add “or, in relation to a teacher employed by the Council for Catholic Maintained Schools, by Article 143(1)(b) of the 1989 Order”;

  (f)

  in the definition of “technical intermediate school” for “intermediate” where it twice occurs substitute “secondary”;

  (g)

  in the definition of “trustees” after “voluntary” insert “or grant-maintained integrated”;

  (h)

  in the definition of “voluntary school” at the end add “or a grant-maintained integrated school”.

• In Article 2 after paragraph (2) insert—

  “(2A) For the purposes of the Education Orders, an institution which provides part-time senior education or post-school age education shall be regarded as providing such education to a significant extent if the provision of such education by the institution is not merely incidental to the provision of education which is not part-time senior education or post-school age education.

  (2B) For the purpose of determining whether an institution is a school as defined by paragraph (2), the provision by the institution of part-time senior education or post-school age education shall be disregarded if the institution does not provide such education to a significant extent.

  (2C) If in the case of any institution a question arises as to whether any current or proposed provision of part-time senior education or post-school age education by that institution amounts or would amount to the provision of such education to a significant extent, that question shall be determined by the Department.”.

• In Article 3(4) for “Article 106” substitute “Articles 83 and 106”.

• In Article 4(4) after “purposes” insert “of the committee”.

• In Article 4(6) for “paragraph (5) or Article 10 or 28” substitute “a scheme under Article 153 of the 1989 Order”.

• In Article 5 for paragraphs (a), (b) and (c) substitute—

  “(a) primary education;

  (b) secondary education; and

  (c) further education;”,

  and for “mental” substitute “cultural, intellectual”.

• In Article 6 after paragraph (1) insert—

  “(1A) In fulfilling its duty under this Article to secure that there are available in its area sufficient schools for providing secondary education a board shall have regard to any facilities for full time education which are—

  (a) provided for senior pupils in an institution of further education; and

  (b) available for use by such pupils living in its area.”.

• In Article 8 for paragraph (2) substitute—

  “(2) A board shall, in relation to a voluntary school which is not a maintained school or a voluntary grammar school, be responsible for meeting the cost of—

  (a) the salaries and allowances of teachers employed on the staff of the school; and

  (b) employers' superannuation contributions in respect of such teachers,

  and shall also—

  (i) pay to the managers of such a school contributions amounting to sixty-five per cent. of the amount of the expenditure incurred or to be incurred by them in the payment of secondary Class 1 contributions under the Social Security (Northern Ireland) Act 1975 in respect of teachers employed on the staff of the school; and

  (ii) subject to and in accordance with regulations, pay to the managers of such a school contributions amounting to sixty-five per cent. of the approved net expenditure on the lighting, heating, cleaning and internal and external maintenance of the school premises and the maintenance of equipment of the school.”.

• Renumber Article 9 as paragraph (1) of that Article and after that paragraph add—

  “(2) A board, with the approval of the Department, may give financial or other assistance to the Board of Governors of a grant-maintained integrated school on such terms and conditions as may be arranged between the board and the Board of Governors of the school.”.

• In Article 10 for paragraphs (1) to (3) substitute—

  “(1) Subject to paragraph (2), a board shall make provision by means of a Board of Governors to be appointed by the board for the management of each controlled school under its management, other than a technical secondary school.

  (2) Two or more controlled primary schools, other than controlled integrated primary schools or nursery schools, under the management of a board may, if the board so determines and the Department approves, be grouped under one Board of Governors.

  (3) The scheme of management for a controlled school—

  (a) shall, in so far as it relates to the membership of the Board of Governors of the school, comply with the provisions of Schedule 4;

  (b) may provide for the carrying out by the Board of Governors in relation to the school of specified functions on behalf of, and in the name of, the board.”.

• In Article 10 for paragraph (5) substitute—

  “(5) Without prejudice to the generality of paragraph (3)(b), the scheme of management for a controlled school shall provide for the functions of the Board of Governors in relation to the appointment of teachers under a scheme under Article 153 of the 1989 Order and the appointment of other staff under Article 88 of this Order to be carried out on behalf of, and in the name of, the board.”.

• In Article 11(1) for “paragraph 1(2)” substitute “paragraph 1(5)”.

• In Article 12(2)(a) for “(5)(c) or (d)” substitute “5(1)(c) or (d)”.

• In Article 13(1) for “constituted under this Order” substitute “of a grant-aided school”.

• In Article 13(2) for “under this Order members of a Board of Governors” substitute “members of the Board of Governors of a grant-aided school” and after “yet” insert “been”.

• In Article 13(4) and (5) after “more than one” insert “grant-aided”.

• In Article 13(6) after “the principal of a” insert “grant-aided”.

• In Article 13 at the end add—

  “(7) Any question as to the right of any person to be, or to appoint or nominate, a member of the Board of Governors of a grant-aided school shall be decided by the Department whose decision shall be final.”.

• In Article 14(1)(a) and (3)(a) at the end add “, other than a controlled integrated school”.

• In Article 14(1)(b) for “grant-aided” substitute “controlled school, other than a controlled integrated”.

• In Article 14(2)(b) for “grant-aided” substitute “voluntary”.

• In Article 15(1) for “grant-aided” substitute “controlled or voluntary”.

• In Article 15(3) for “or recognition of a school under voluntary management as a grant-aided school” substitute “of a new voluntary school or the recognition of an existing school as a voluntary school”.

• In Article 15(4) for “grant-aided” substitute “controlled or voluntary”.

• In Article 17A(2)(c) after “day” insert “, school term”.

• In Article 17A(3) after “the Department” insert “or a prescribed body or person”.

• In Article 18(1) after “controlled school” insert “, the Board of Governors of a grant-maintained integrated school”.

• In Article 21(1) for “controlled and voluntary” substitute “grant-aided”.

• In Article 21(2) after “controlled school” insert “, other than a controlled integrated school,”.

• In Article 21(3) for the words “In a voluntary school” substitute

  “Subject to paragraph (3A), in—

  (a) a controlled integrated school;

  (b) a voluntary school;

  (c) a grant-maintained integrated school.”

• In Article 21(7) for “controlled or voluntary” substitute “grant-aided”.

• In Article 21(9) for “controlled and voluntary” substitute “grant-aided”.

• In Article 22(1) after “other than” insert “a controlled integrated school or”.

• In Articles 23(2) and 32(3) after “voluntary” insert “or grant-maintained integrated”.

• In Article 33(2)(c) for “five” substitute “four”.

• In Article 49 after paragraph (2) insert—

  “(2A) The Board of Governors of a grant-maintained integrated school shall prepare a scheme specifying the procedure to be followed in relation to the suspension or expulsion of pupils from the school.”.

• In Article 49(3) for “paragraph (1) or (2)” substitute “this Article”.

• In Article 58(1)(a) after “voluntary grammar schools” insert “and grant-maintained integrated schools”.

• In Article 58(5), (6) and (7) after “voluntary grammar school” insert “and the Board of Governors of a grant-maintained integrated school”.

• In Article 58 at the end add—

  “(8) Where a school has a delegated budget under Part V of the 1989 Order and an allowance is made for expenditure on, or in connection with, the provision of milk, meals or other refreshment in determining the school’s budget share under that Part—

  (a) paragraph (1) shall not apply in relation to pupils in attendance at the school; but

  (b) paragraphs (5), (6) and (7) and Article 59 (except paragraph (4)) shall apply to the school as those provisions apply to a voluntary grammar school.”.

• In Article 59(2) and (4) for the words from the beginning to “grammar school” substitute “A board, the trustees or Board of Governors of a voluntary grammar school and the Board of Governors of a grant-maintained integrated school”.

• In Article 59(3) for the words from “direct that” to the end substitute

  “direct—

  (a) that paragraph (1) of Article 58 shall not apply to a board;

  (b) that paragraph (5) of Article 58 shall not apply to the trustees or Board of Governors of a voluntary grammar school or to the Board of Governors of a grant-maintained integrated school.”.

• In Article 63(2)(a) and (b) after “beginning on” and “ending on” insert “(and including)”.

• In Article 65 at the end add—

  “(3) The number of peripatetic teachers employed by a board and the purposes for which they are employed shall be in accordance with arrangements made by the board and approved by the Department and a board shall not employ such teachers otherwise than in accordance with arrangements so made and approved.

  (4) Peripatetic and supply teachers employed by a board may, with the approval of the board, work in a voluntary school or a grant-maintained integrated school if so requested by the managers of that school.”.

• For Article 69 substitute—

  “Salaries, etc. of teachers

  69.— (1) The Department shall prescribe the rates of salaries which, except as provided by regulations under paragraph (3), are to be paid to—

  (a) teachers employed in grant-aided schools;

  (b) teachers employed in institutions of further education;

  (c) teachers employed in colleges of education;

  (d) supply teachers; and

  (e) peripatetic teachers.

  (2) Regulations under paragraph (1) may make provision—

  (a) for such allowances in addition to salary as are specified in the regulations;

  (b) for salaries and allowances to be calculated in such cases as the Department thinks proper by reference to a determination of the Department (however expressed).

  (3) The Department may by regulations provide that, in prescribed circumstances and subject to prescribed conditions—

  (a) the rates of salaries which are to be paid to teachers mentioned in paragraph (1) of a prescribed class or description;

  (b) prescribed allowances in addition to salary to be paid to teachers so mentioned of a prescribed class or description;

  shall be such as may be determined by a prescribed body or person.

  (4) Where any question arises as to the rate of salary or allowance to be paid under this Article to a teacher—

  (a) where that rate of salary or allowance falls in accordance with regulations under paragraph (3) to be determined by a body or person prescribed by those regulations, the decision of that body or person shall, except on a question of law, be final;

  (b) in any other case, the decision of the Department shall, except on a question of law, be final.

  (5) Before making any regulations under paragraph (3), the Department shall consult—

  (a) such representatives of employing authorities and such representatives of teachers as appear to it to be concerned; and

  (b) any other person with whom consultation appears to it to be desirable.

  (6) In paragraph (5) “employing authority” means—

  (a) in relation to teachers employed in controlled schools and institutions of further education, the board by which they are employed;

  (b) in relation to teachers (including supply teachers) employed by the Council for Catholic Maintained Schools, that Council;

  (c) in relation to teachers employed in a voluntary school (other than a Catholic maintained school), the managers of that school;

  (d) in relation to teachers employed in a grant-maintained integrated school, the Board of Governors of the school;

  (e) in relation to teachers employed in a college of education, the managers of that college;

  (f) in relation to peripatetic teachers, the board by which they are employed;

  (g) in relation to supply teachers (other than those mentioned in sub-paragraph (b)), the board by which they are employed.

  Payment of salaries, etc. of teachers

  69A.— (1) Except where regulations otherwise provide, the Department shall pay—

  (a) the salaries and allowances (if any) of—

  (i) teachers employed by the Board of Governors of a voluntary grammar school;

  (ii) teachers employed by the Board of Governors of a grant-maintained integrated school; and

  (b) secondary Class 1 contributions under the Social Security (Northern Ireland) Act 1975 and employers' superannuation contributions in respect of such teachers.

  (2) Except where regulations otherwise provide, the Department shall, on behalf of a board, issue payment of—

  (a) the salaries and allowances (if any) of—

  (i) teachers employed by the board;

  (ii) teachers employed on the staff of a maintained school maintained by the board;

  (iii) relevant supply teachers employed by the Council for Catholic Maintained Schools;

  (b) secondary Class 1 contributions under the Social Security (Northern Ireland) Act 1975 and employers' superannuation contributions in respect of such teachers.

  (3) In paragraph (2)(a)(iii) “relevant supply teachers” has the meaning assigned to it by Article 59(4) of the 1989 Order.

  (4) Except where regulations otherwise provide, the Department shall, on behalf of a board, issue payment of—

  (a) the salaries and allowances (if any) of teachers employed on the staff of a voluntary school, other than a maintained school or voluntary grammar school; and

  (b) employers' superannuation contributions in respect of such teachers.”.

• For Article 72 substitute—

  “Redundancy payments to teachers in certain voluntary schools and in grant-maintained integrated schools

  72.— (1) Where the managers of a voluntary school, other than a voluntary grammar school or a maintained school, have made a redundancy payment under the 1965 Act to a teacher who has been employed by them, the board for the area in which the school is situated may pay to those managers a sum equal to sixty-five per cent. of the sum paid by the managers as a redundancy payment less the amount of any rebate in respect of the payment which the managers are entitled to under that Act.

  (2) Where the Board of Governors of a grant-maintained integrated school has made a redundancy payment under the 1965 Act to a teacher who has been employed by it, the Department may pay to the Board of Governors a sum equal to the amount of the sum paid by the Board of Governors less the amount of any rebate in respect of the payment which the Board of Governors is entitled to under that Act.

  (3) The duty of a board under Article 59(1)(d) of the 1989 Order to meet the cost of a redundancy payment in respect of a teacher ceasing to be employed on the staff of a maintained school is a duty to pay to—

  (a) the Council for Catholic Maintained Schools, where the teacher was employed on the staff of a Catholic maintained school;

  (b) the Board of Governors of the school, in any other case,

  a sum equal to the amount of the redundancy payment less the amount of any rebate in respect of the payment which the Council or Board of Governors is entitled to under that Act.

  (4) The duty of a board under Article 59(2)(c) to meet the cost of a redundancy payment in respect of a supply teacher ceasing to be employed by the Council for Catholic Maintained Schools is a duty to pay to that Council a sum equal to the amount of the redundancy payment less the amount of any rebate in respect of the payment which the Council is entitled to under that Act.

  (5) In this Article “the 1965 Act” means the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965(6) and “redundancy payment” and “rebate” have the same meanings as in that Act.”.

• In Article 79(2) after “members of ” insert “, or of a committee of,” and for “management committee” substitute “governing body”.

• In Article 83(1)(a) and (2) for “chief officer” substitute “chief executive”.

• In Article 88(1) for the words “, other than teachers or persons employed in connection with the school meals service, required in or about” substitute “to which this paragraph applies for”.

• In Article 88 after paragraph (1) insert—

  “(1A) Paragraph (1) applies to all staff required in or about a controlled or maintained school, except—

  (a) teachers;

  (b) in the case of a school to which paragraph (1B) applies, persons employed in connection with the provision of a schools meals service.

  (1B) This paragraph applies to a school which—

  (a) does not have a delegated budget under Part V of the 1989 Order; or

  (b) has such a budget, but no allowance is made for expenditure on or in connection with the provision of a school meals service in determining the school’s budget share under that Part.”.

• In Article 88(6) for the words from “not” to the end substitute “be carried out on behalf of, and in the name of, the board”.

• In Article 88A(3) after “managers of” insert “a grant-maintained integrated school or of”.

• In Article 92 for paragraph (1) substitute—

  “(1) A board may, in connection with the exercise of any of its functions under the Education Orders, either alone or together with any other board or person,—

  (a) carry out, or commission, or assist in any way, the carrying out by any other body or person of, any programme of research and development;

  (b) carry out any project appearing to the board to be associated with the provision of educational or library services or recreational, social, cultural, physical or youth service activities or services ancillary to education.

  (1A) A board shall—

  (a) notify the Northern Ireland Curriculum Council of its intention to exercise any of its powers under paragraph (1) in relation to any matter concerned with the curriculum for grant-aided schools;

  (b) provide the Council with such reports in connection with the exercise of that power as the Council may reasonably request.”.

• In Article 94(7) for “chief officer” substitute “chief executive”.

• In Article 103(1) after “institution” insert “and the Council for Catholic Maintained Schools”.

• In Article 103(2) after “school” insert “and the governing body of every institution of further education”.

• In Article 116(1) for sub-paragraph (b) substitute—

  “(b) incurred for the provision of equipment for a voluntary school other than a maintained school or a voluntary grammar school, a sum equal to sixty-five per cent. of that expenditure;

  (c) incurred for the provision of equipment provided in connection with the provision or alteration of the premises of a voluntary grammar school, a sum equal to—

  (i) eighty-five per cent. of that expenditure where, when the expenditure is incurred, the trustees or Board of Governors of the school have entered into an agreement with the Department under Schedule 6;

  (ii) sixty-five per cent. of that expenditure in any other case.”.

• In Articles 130(1) and (2) and 131(a) and paragraphs 7 and 11 of Schedule 2 for “chief officer” substitute “chief executive”.

• The following head, namely—

  “persons co-opted under Articles 122 and 139 of the 1989 Order who shall be entitled to attend and take part in meetings of the Board of Governors but not to vote on any question.”,

  shall be inserted—

  (a)

  in Schedule 4 to the principal Order, in paragraph 1(1) as head (c);

  (b)

  in Schedule 5 to the principal Order, in paragraph 2(2) as head (c);

  (c)

  in Schedule 6 to the principal Order, in paragraph 3(1) as head (c);

  (d)

  in Schedule 7 to the principal Order, in paragraph 2(1) as head (e);

  (e)

  in Schedule 8 to the principal Order, in paragraph 2(1) as head (c).

• In Schedule 4 for paragraph 3(1) and the cross-heading immediately before it substitute—

  “Controlled secondary schools (other than controlled grammar or integrated schools or technical secondary schools)

  3.— (1) There shall be 9, 16 or 24 voting members appointed to the Board of Governors of a controlled secondary school, other than a controlled grammar or integrated school or a technical secondary school.”.

• In Schedule 4, in paragraph 3(2)(a) for “the transferors and superseded managers of the contributory schools” substitute “transferors and superseded managers”.

• In Schedule 5, in paragraph 2(3)(a)(ii) after “scheme” insert “of management”.

• In Schedule 6, in paragraph 3(2)(a) for “approved under Article 11(2)” substitute “of management”.

• In Schedule 7, in paragraph 2(1)(a) for “approved under Article 11(2)” substitute “of management”.

• In Schedule 8, in paragraph 1 for “under Article 11(2)” substitute “of management”.

• In Schedule 13, in paragraphs 1(5) and 2(3) after “voluntary school” insert “or grant-maintained integrated school”.

• In Schedule 15, in paragraph 2(1)(c) and (e) for “chief officers” substitute “chief executives”.

• In Schedule 16, in paragraph 1 of Part II for “chief officer” substitute “chief executive”.

Article 167.

SCHEDULE 10 REPEALS

Number	Short Title	Extent of Repeal
1968 c. 34 (N.I.).	The Children and Young Persons Act (Northern Ireland) 1968.	In section 180(1) in the definition of “compulsory school age” the words from “except” to the end of the definition.
1976 NI 15.	The Sex Discrimination (Northern Ireland) Order 1976.	In Article 26(2) the words in brackets.
1986 NI 3.	The Education and Libraries (Northern Ireland) Order 1986.	In Article 2(2)—  (a) the definition of “direct grant voluntary intermediate school”; (b) the definition of “intermediate school”;   (c) in the definition of “secondary education” the words from “other than” to the end.In Article 4(3) the words “the functions to be performed and” where they first occur.In Article 4(5) the words “its teaching appointments committee or”.Article 8(1)(b) and (c).In Article 8(2) the words “or a direct grant voluntary intermediate school”.In Article 9(1) the words “or a direct grant voluntary intermediate school” and “or of a direct grant voluntary intermediate school”.Article 10(4).Article 11(2) and (5).Articles 19 and 20.Article 23(1).Articles 24 to 28.Article 56.Article 57(1).In Article 58(1)(a) the words “and direct grant voluntary intermediate schools”.In Article 58(5), (6) and (7) the words “or a direct grant voluntary intermediate school”.In Article 59(2) the words “or direct grant voluntary intermediate school”.In Article 59(3), (4) and (5) the words “or a direct grant voluntary intermediate school”.Article 68.In Article 72(2) the words “or a direct grant voluntary intermediate school”.Article 83(5).Article 91.In Article 103(1) the words “and the Northern Ireland Schools Examinations Council”.In Article 106(2) the words “or for the purposes of a direct grant voluntary intermediate school”.In Article 116(1)(a)(i) and (b)(i) the words “or is a direct grant voluntary intermediate school”.Articles 117 and 118.Part IX.In Schedule 2, in paragraph 6(4) the words in brackets.In Schedule 3, paragraph 4.In Schedule 4 in paragraph 1(1)(a) the word “and”.In Schedule 5 in paragraph 2(2)(a) the word “and”.In Schedule 6—  (a) paragraph 1(1)(b) and the word “or” immediately preceding it; (b) paragraph 1(2)(b) and the word “or” immediately preceding it;   (c) paragraph 1(4); (d) paragraph 2(b) and the word “or” immediately preceding it;  (e) in paragraph 3(1)(a) the word “and”.In Schedule 8 in paragraph 2(1)(a) the word “and”.Schedule 10. Schedule 14. Schedule 17. In Schedule 18 the amendment to the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978.
1987 NI 2.	The Education (Northern Ireland) Order 1987. Article 13.

(1)

1984 c. 35

(2)

1979 NI 12

(3)

1954 c. 33 (N.I.)

(4)

1954 c. 33 (N.I.)

(5)

1954 c. 33 (N.I.)

(6)

S.R. & O. (N.I.) 1973 No. 439