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The Education (Northern Ireland) Order 1996, Section 12 is up to date with all changes known to be in force on or before 30 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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12.—(1) No person shall so exercise his functions under this Part that the special educational provision (or any part of it) which any learning difficulty of a child calls for is made in an institution in Northern Ireland other than a grant-aided school unless—
(a)the institution is for the time being approved by the Department under Article 26 as suitable for the admission of children with special educational needs, or
(b)the Department consents to the child being educated there.
[F1(1A) But that does not apply to a board deciding, for the purposes of Article 16(5), whether a parent has made suitable arrangements.]
(2) Where a board arranges under Article 10(1)(b) for special educational provision in respect of a child to be made at an independent school in Northern Ireland, the board—
(a)shall pay the fees payable in respect of the education provided for the child at the school;
(b)may pay any fees payable in respect of board and lodging provided for the child at the school; and
(c)may provide transport for the child to facilitate his attendance at the school.
(3) Where a board arranges under Article 10(1)(b) for special education provision in respect of a child to be made at an institution in Northern Ireland other than a school, the board may contribute to the costs of providing education to the child at the institution or assist the institution in the provision of that education, and may in particular—
(a)pay the fees payable in respect of the education provided for the child at the institution;
(b)pay any fees payable in respect of board and lodging provided for the child at the institution;
(c)provide transport for the child to facilitate his attendance at the institution; and
(d)provide equipment and services to the institution.
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