1998 No. 1759 (N.I. 13)

Education (Northern Ireland) Order 1998

21st July 1998

PART IINTRODUCTORY

Title and commencement1

1

This Order may be cited as the Education (Northern Ireland) Order 1998.

2

Except as provided by paragraph (3), this Order comes into operation on the expiration of two months from the day on which it is made.

P13

The following provisions come into operation on such day or days as the Department may by order appoint, namely—

a

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

Articles 13 and 16;

c

Chapter I of PartVI;

d

Part VII;

e

Article 81(2), (3) and (6);

f

Article 88(3) and Schedule 4;

g

Part II of Schedule 5 and so much of Article 91(1) as relates thereto;

h

Part II of Schedule 6 and so much of Article 91(2) as relates thereto.

4

An order under paragraph (3) may make such transitional provisions as appear to the Department to be necessary or expedient in connection with the provisions brought into operation by the order.

Interpretation2

1

The [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

2

In this Order—

“the 1986 Order” means the [1986 NI 3.] Education and Libraries (Northern Ireland) Order 1986;
“the 1989 Order” means the [1989 NI 20.] Education Reform (Northern Ireland) Order 1989.

5

This Article does not apply to a school established in a hospital.

Power of member of staff to restrain pupils4

1

A member of the staff of a grant-aided school may use, in relation to any pupil at the school, such force as is reasonable in the circumstances for the purpose of preventing the pupil from doing (or continuing to do) any of the following, namely—

a

committing any offence;

b

causing personal injury to, or damage to the property of, any person (including the pupil himself); or

c

engaging in any behaviour prejudicial to the maintenance of good order and discipline at the school or among any of its pupils, whether that behaviour occurs during a teaching session or otherwise.

2

Paragraph (1) applies where a member of the staff of a grant-aided school is—

a

on the premises of the school; or

b

elsewhere at a time when, as a member of its staff, he has lawful control or charge of the pupil concerned;

but it does not authorise anything to be done in relation to a pupil which constitutes the giving of corporal punishment within the meaning ofF4 Article 36 of the Education and Libraries (Northern Ireland) Order 2003.

3

Paragraph (1) shall not be taken to prevent any person from relying on any defence available to him otherwise than by virtue of this Article.

4

In this Article—

“member of the staff”, in relation to a grant-aided school, means any teacher who works at the school and any other person who, with the authority of the principal, has lawful control or charge of pupils at the school;

“offence” includes anything that would be an offence but for the operation of any presumption that a person under a particular age is incapable of committing an offence.

Detention of pupil outside school hours5

1

Where a pupil to whom this Article applies is required on disciplinary grounds to spend a period of time in detention at his school after the end of any school session, his detention shall not be rendered unlawful by virtue of the absence of his parent's consent to it if the conditions set out in paragraph (3) are satisfied.

2

This Article applies to any pupil who—

a

is F5a registered pupil at a grant-aided school; and

b

has not attained the age of 18.

3

The conditions referred to in paragraph (1) are as follows—

a

the principal of the school must have previously determined, and have—

i

generally made known within the school; and

ii

taken steps to bring to the attention of the parent of every person who is for the time being a pupil there,

that the detention of pupils after the end of a school session is one of the measures that may be taken with a view to regulating the conduct of pupils;

b

the detention must be imposed by the principal or by another teacher at the school specifically or generally authorised by him for the purpose;

c

the detention must be reasonable in all the circumstances; and

d

the pupil's parent must have been given at least 24 hours' notice in writing that the detention was due to take place.

4

In determining for the purpose of paragraph (3)(c) whether a pupil's detention is reasonable, the following matters in particular shall be taken into account—

a

whether the detention constitutes a proportionate punishment in the circumstances of the case; and

b

any special circumstances relevant to its imposition on the pupil which are known to the person imposing it (or of which he ought reasonably to be aware) including in particular—

i

the pupil's age;

ii

any special educational needs he may have;

iii

any religious requirements affecting him; and

iv

where arrangements have to be made for him to travel from the school to his home, whether suitable alternative arrangements can reasonably be made by his parent.

5

Without prejudice to sectionF6 24 of the [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954 (which provides for the methods by which documents may be served) notice under this Article may be given to a pupil's parent by any other effective method.

secure that copies of the current statement are available for inspection (at all reasonable times and free of charge) at the headquarters of F82the Authority.

7

In discharging its functions under this Article F82the Authority shall have regard to any guidance given from time to time by the Department.

PART IIIASSESSMENT AND PUPILS' PERFORMANCE

F7 F7CHAPTER I

Annotations:

Amendments (Textual)

Pt. III Ch. I (arts. 7-9) repealed (1.8.2006) by Education (Northern Ireland) Order 2006 (S.I. 2006/1915 (N.I. 11)), arts. 1(2), 40, 44(2), Sch. 3 Pt. I

Introductory7

1

In this Chapter—

“baseline assessment” means the assessment of pupils in their first year of compulsory education for the purpose of assisting the future planning of their education and the measurement of their future educational achievements;
“baseline assessment arrangements” means the arrangements specified in an order under Article 9(1);
“school year” means a year ending on 31st July.

2

For the purposes of this Chapter the first year of compulsory education of a child is the school year in which he attains the lower limit of compulsory school age.

shall not apply,

in such circumstances as may be prescribed.

Baseline assessment arrangements9

1

The Department shall by order specify the arrangements for baseline assessment.

2

An order under paragraph (1) may, instead of containing the provision to be made, refer to provisions in an approved document and direct that those provisions are to have effect or, as the case may be, are to have effect as amended by the order.

3

In paragraph (2) “approved document” means a document which has been—

a

prepared by the Northern Ireland Council for the Curriculum, Examinations and Assessment ( “the Council”);

b

approved by the Department; and

c

published by the Council.

4

It shall be the duty of the Council to send to the Board of Governors of every primary school with pupils who are required to be assessed under Article 8 a copy of every document published by it under paragraph (3)(c).

5

An order under paragraph (1) may impose such duties on—

a

the Boards of Governors and principals of primary schools; and

b

the Council,

as appear to the Department to be necessary or expedient for the purpose of implementing the arrangements specified by the order.

CHAPTER IIASSESSMENT ARRANGEMENTS AND PUPILS' PERFORMANCE

Assessment arrangements

Assessment arrangements10

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pupils' performance

School performance targets11

1

The Department may by regulations make such provision as it considers appropriate for requiring the Boards of Governors of grant-aided schools to secure that annual targets are set in respect of the performance of pupils at such schools—

a

in public examinations or in assessments conducted under F9Article 9 of the Education (Northern Ireland) Order 2006 in key stages 1, 2 and 3, in the case of pupils of compulsory school age; and

b

in public examinations or in connection with the attainment of other academic or vocational qualifications, in the case of pupils of any age over that age.

2

Regulations under this Article may require—

a

such targets; and

b

the past performance of pupils in the particular examinations or assessments, or in connection with the attainment of the particular qualifications, to which such targets relate,

to be published in such manner as is specified in the regulations.

3

Before making any regulations under this Article the Department shall consult—

a

F82the Authority;

b

the Council for Catholic Maintained Schools;

c

the Board of Governors and principal ofF10 a sample of affected schools; and

d

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

F103A

In paragraph (3)(c) “a sample of affected schools” means a number of grant-aided schools selected by the Department as being a representative sample of all such schools affected by the regulations.

4

This Article does not apply to—

a

a school established in a hospital; or

b

a school of such class or description as may be specified in regulations under this Article.

d

provide for the revision of a plan.

Appointment of additional governors for school not providing acceptable standard of education14

1

Where a report made under Article 102 of the 1986 Order (inspections) in relation to a grant-aided school—

a

states that—

i

the school is failing to give its pupils an acceptable standard of education; and

ii

that failure is due (in whole or in part) to the management of the school by the Board of Governors; and

b

recommends that the power of the Department under this Article should be exercised in relation to the school,

the Department may appoint such number of additional voting members to the Board of Governors of the school as it thinks fit.

2

Where it appoints any additional voting members to the Board of Governors of a school under this Article, the Department may appoint one of those additional members as chairman of the Board of Governors.

3

In relation to any appointment made by the Department under this Article to the Board of Governors of a school—

a

the scheme of management of the school; and

b

any other instrument of government of the school,

shall have effect as if, notwithstanding anything in Article 10 or 11 of the 1986 Order or Article 66 of the 1989 Order, the scheme and the instrument authorised the Department—

i

to appoint such number of additional voting members to the Board of Governors as it thinks fit; and

ii

to appoint one of those additional members as chairman of the Board of Governors.

4

Before making any appointment under this Article in relation to the Board of Governors of a school, the Department shall consult—

a

the trustees of the school;

b

F82the AuthorityF46...; and

c

(in the case of a Catholic maintained school), the Council for Catholic Maintained Schools.

5

Any additional voting members or chairman appointed under this Article shall hold and vacate office in accordance with the terms of their appointment.

6

In this Article “voting members” has the same meaning as in Article 122 of the 1989 Order.

Contents of annual report15

In Article 125(2) of the 1989 Order (annual report of Board of Governors) after sub-paragraph (g) there shall be added—

ga
to describe in general terms—
i
the arrangements made for the security of the pupils and staff at the school and the school premises; and
ii
any changes to those arrangements since the last report was prepared;

Limits on class sizes in F12foundation stage and key stage 116

1

This Article applies to pupils at a primary school who are in F13foundation stage and key stage 1.

C22

The Board of Governors of a primary school shall not cause or permit the number of pupils in a class at any time to exceed the statutory limit.

3

In this Article—

“the statutory limit”, in relation to any description of pupils, means the number for the time being prescribed in relation to pupils of that description;
“class”, in relation to the statutory limit for any description of pupils, means a teaching group in which—
1. a
  pupils of that description are regularly taught; and
2. b
  the majority of pupils are pupils of that description.

4

Paragraph (2) shall not apply to a school in such cases or circumstances as F82the Authority may direct.

5

Regulations may require F82the Authority in exercising its powers under paragraph (4) to have regard to such matters as may be prescribed.

6

Before exercising its powers under paragraph (4) in relation to a school, F82the Authority shall consult—

a

such bodies or persons as may be prescribed; and

b

where the school is a Catholic maintained school, the Council for Catholic Maintained Schools.

7

It shall be the duty of F47the Authority to exercise its functions with a view to ensuring that the Boards of Governors of grant-aided schools are in a position to fulfil their duty under this Article.

8

In Article 12(2) of the [1997 NI 5.] Education (Northern Ireland) Order 1997 (determination of admissions number for school) at the end add

and
c
the requirements of Article 16 of the Education (Northern Ireland) Order 1998 (limit on class sizes)

PART VPRE-SCHOOL EDUCATION

CHAPTER IPROVISION OF PRE-SCHOOL EDUCATION

Plans for pre-school education17

1

Within such time after the coming into operation of this Article as the Department may direct, F82the Authority shall prepare and submit to the Department a plan for the provision (whether by F82the Authority or by other persons) of pre-school education for children F48... in such period as may be specified in the plan.

2

In preparing a plan under paragraph (1) F82the Authority shall, in accordance with arrangements approved by the Department, consult bodies and persons likely to be affected by the plan.

3

In preparing a plan under paragraph (1) F82the Authority shall take into account any guidance given by the Department as to the provisions it regards as appropriate for inclusion in a plan under that paragraph.

4

The Department may, after making such modifications (if any) in a plan submitted to it by F82the Authority as after consultation with F82the Authority it considers necessary or expedient, approve the plan.

5

It shall be the duty of F82the Authority to give effect to the provisions of a plan under paragraph (1) as approved by the Department.

6

Where—

a

F82the Authority fails to submit a plan to the Department under paragraph (1) by the date directed by the Department; or

b

it appears to the Department that a plan submitted by F82the Authority as required by that paragraph does not accord with any guidance given by the Department under paragraph (3) and cannot be made to do so merely by modifying it,

the Department may, after consultation with F82the Authority and such other persons as appear to the Department to be concerned, make a plan which shall be treated for the purposes of paragraphs (5) and (7) as if it had been prepared by F82the Authority and approved by the Department under this Article.

7

F82The Authority may at any time, and shall if the Department so directs, prepare and submit to the Department a revised plan and paragraphs (2) to (6) shall apply in relation to any revised plan as they apply in relation to the original plan.

8

In this Part “pre-school education” means education provided for a child (whether at a school or any other premises) at any time—

a

after he has attained the age of 2 years; and

b

before he has attained compulsory school age,

otherwise than in a reception class as defined by Article 18(4)(b) of the [1997 NI 5.] Education (Northern Ireland) Order 1997.

Grants in respect of pre-school education18

1

Subject to the following provisions of this Article, F82the Authority may make grants to any person in respect of pre-school education provided by that person.

2

F82The Authority shall not make a grant to a person under paragraph (1) unless that person complies with such requirements as are specified by the Department.

3

Grants under paragraph (1) shall be of such amount as the Department may determine.

4

Grants under paragraph (1)—

a

shall be paid at such times and in such manner; and

b

shall be subject to such conditions,

as F82the Authority may determine.

5

Conditions imposed under paragraph (4)(b)—

a

may be imposed on, or at any time after, the making of any grant by reference to which they are imposed;

b

may at any time be varied, waived or revoked; and

c

b

in respect of which F82the Authority is making, or is to make, grants under Article 18(1).

3

The particulars to be published under paragraph (1) shall include particulars of—

a

the persons providing funded pre-school education;

b

the number of children for whom such education is to be provided by each such person; and

c

the criteria to be applied by each such person in selecting children for admission to such education.

4

F82The Authority shall publish such information as may be required by regulations with respect to its policy and arrangements in respect of any matter relating to funded pre-school education.

CHAPTER IIADMISSION TO PRE-SCHOOL EDUCATION AT GRANT-AIDED SCHOOLS

Introductory

Application and interpretation of this Chapter22

1

Subject to paragraphs (2) and (3), this Chapter applies in relation to the admission of children to pre-school education at grant-aided schools.

2

This Chapter applies in relation to the admission of a child to pre-school education at a grant-aided school taking effect, or proposed admission which would take effect, in the school year ending on 31st July 2000 and in any subsequent school year.

3

This Chapter does not apply in relation to—

a

special schools;

b

schools established in hospitals; or

c

the admission to pre-school education at grant-aided schools of children in respect of whom statements are maintained under Article 16 of the [1996 NI 1.] Education (Northern Ireland) Order 1996.

4

In this Chapter—

a

any reference to a school is a reference to a grant-aided school at which pre-school education is provided;

b

any reference to full-time pre-school education is a reference to pre-school education normally provided for at least 4 hours and 30 minutes on each school day, and any reference to part-time pre-school education is a reference to pre-school education normally provided for less than that amount of time but for at least 2 hours and 30 minutes on each school day;

c

any reference to full-time pupils registered at a school is a reference to pupils registered at a school who are receiving full-time pre-school education, and any reference to part-time pupils registered at a school is a reference to pupils registered at a school who are receiving part-time pre-school education;

d

any reference to an appeal tribunal is a reference to an appeal tribunal constituted in accordance with regulations under Article 15(8) of the [1997 NI 5.] Education (Northern Ireland) Order 1997;

e

any reference to a school year is a reference to a year ending on 31st July.

5

The Department may by order amend paragraph (4)(b).

6

Directions and approvals of the Department under this Chapter shall be given in writing.

Arrangements for admission to pre-school education at grant-aided schools23

F141

F82The Authority shall make arrangements for the parent of a child F49...—

a

to express (in order of preference) his preferences as to the school at which he wishes pre-school education to be provided for his child;

b

where any of those schools provides both full time and part-time pre-school education, to express his preference as to which kind of pre-school education he wishes to be provided for his child; and

to full-time pre-school education at the school, in accordance with Articles 24 to 27, 32 and 33; and

b

to part-time pre-school education at the school, in accordance with Articles 28 to 31, 32 and 33.

Admission to full-time pre-school education

Duties of Board of Governors in relation to admission to full-time pre-school education24

1

The Board of Governors of a school shall not cause or permit the number of full-time registered pupils at the school at any time to exceed the school's full-time enrolment number.

2

In calculating for the purposes of paragraph (1) the number of full-time registered pupils at a school at any time, no account shall be taken of any child registered at the school in compliance with—

a

a direction of an appeal tribunal; or

b

a direction under Article 42 of the [1996 NI 1.] Education (Northern Ireland) Order 1996.

Determination of full-time enrolment number for a school25

1

In this Chapter any reference to a school's full-time enrolment number is a reference to the number for the time being applying under the following provisions of this Article to the school.

2

The full-time enrolment number applying to a school shall be such number as the Department may determine having regard in particular to—

a

the requirements of directions under Article 18 of the 1986 Order which apply in relation to the school;

b

the accommodation available for use by pupils in pre-school education at the school; and

c

the extent to which part-time pre-school education is to be provided in the school.

3

The full-time enrolment number of a school may be nil.

4

The Department may at any time vary a school's full-time enrolment number.

5

Before making any determination under paragraph (2) or variation under paragraph (4) in relation to a school, the Department shall consult the bodies mentioned in paragraph (8).

6

Paragraph (5) does not require consultation with the Board of Governors of a school in relation to a variation of the school's full-time enrolment number made by the Department at the request of the Board of Governors.

7

After making any determination under paragraph (2) or variation under paragraph (4) in relation to a school, the Department shall send notice of the determination or variation to the bodies mentioned in paragraph (8).

8

The bodies referred to in paragraphs (5) and (7) are—

a

the Board of Governors of the school;

b

F82the AuthorityF51...; and

c

where the school is a Catholic maintained school, the Council for Catholic Maintained Schools.

there are vacant full-time places at a school at any time if at that time the full-time enrolment number of the school exceeds the number of full-time pupils registered at the school;

b

the number of vacant full-time places at a school at any time is the number obtained by subtracting the number of full-time pupils registered at the school at that time from the full-time enrolment number of the school.

Appeals against certain admission decisions under Article 2627

1

F82The Authority shall make arrangements for enabling the parent of a child to appeal against any decision made under Article 26 by the Board of Governors of a school F52... refusing the child admission to the school.

2

An appeal under this Article shall be to an appeal tribunal constituted in accordance with regulations under paragraph (8) of Article 15 of the [1997 NI 5.] Education (Northern Ireland) Order 1997; and paragraphs (9) to (11) of that Article apply in relation to appeals under this Article as they apply in relation to appeals under that Article.

3

An appeal under this Article may be brought only on the ground that the criteria drawn up under Article 32(1) by the Board of Governors of a school—

a

were not applied; or

b

were not correctly applied,

in deciding to refuse the child admission to the school.

4

On the hearing of an appeal under this Article—

a

if it appears to the tribunal that the criteria were not applied, or were not correctly applied, in deciding to refuse the child admission to the school, the tribunal shall, subject to paragraph (5), allow the appeal and direct the Board of Governors of the school to admit the child to the school;

b

in any other case, the tribunal shall dismiss the appeal.

5

If, in any case mentioned in paragraph (4)(a), it appears to the tribunal that had the criteria been applied, or (as the case may be) been correctly applied, the child would have been refused admission to the school, the tribunal shall dismiss the appeal.

6

It shall be the duty of the Board of Governors of a school to comply with any direction given under paragraph (4)(a).

Admission to part-time pre-school education

Duties of Board of Governors in relation to admission to part-time pre-school education28

1

The Board of Governors of a school shall not cause or permit the number of part-time registered pupils at the school at any time to exceed the school's part-time enrolment number.

2

In calculating for the purposes of paragraph (1) the number of part-time registered pupils at a school at any time, no account shall be taken of any child registered at the school in compliance with—

a

a direction of an appeal tribunal; or

b

a direction under Article 42 of the [1996 NI 1.] Education (Northern Ireland) Order 1996.

Determination of part-time enrolment number for a school29

1

In this Chapter any reference to a school's part-time enrolment number is a reference to the number for the time being applying under the following provisions of this Article to the school.

2

The part-time enrolment number applying to a school shall be such number as the Department may determine having regard in particular to—

a

the requirements of directions under Article 18 of the 1986 Order which apply in relation to the school;

b

the accommodation available for use by pupils in pre-school education at the school; and

c

the extent to which full-time pre-school education is to be provided at the school.

3

The part-time enrolment number of a school may be nil.

4

The Department may at any time vary a school's part-time enrolment number.

5

Before making any determination under paragraph (2) or variation under paragraph (4) in relation to a school, the Department shall consult the bodies mentioned in paragraph (8).

6

Paragraph (5) does not require consultation with the Board of Governors of a school in relation to a variation of the school's part-time enrolment number made by the Department at the request of the Board of Governors.

7

8

The bodies referred to in paragraphs (5) and (7) are—

a

the Board of Governors of the school;

b

F82the AuthorityF53...; and

c

where the school is a Catholic maintained school, the Council for Catholic Maintained Schools.

there are vacant part-time places at a school at any time if at that time the part-time enrolment number of the school exceeds the number of part-time pupils registered at the school;

b

the number of vacant part-time places at a school at any time is the number obtained by subtracting the number of part-time pupils registered at the school at that time from the part-time enrolment number of the school.

Appeals against certain admission decisions under Article 3031

1

F82The Authority shall make arrangements for enabling the parent of child to appeal against any decision made under Article 30 by the Board of Governors of a school F54... refusing the child admission to the school.

2

3

An appeal under this Article may be brought only on the ground that the criteria drawn up under Article 32(1) by the Board of Governors of a school—

a

were not applied; or

b

were not correctly applied,

in deciding to refuse the child admission to the school.

4

On the hearing of an appeal under this Article—

a

b

in any other case, the tribunal shall dismiss the appeal.

5

6

It shall be the duty of the Board of Governors of a school to comply with any direction given under paragraph (4)(a).

General

Admission criteria32

1

Subject to the following provisions of this Article, the Board of Governors of each school shall draw up, and may from time to time amend, the criteria to be applied in selecting children for admission to the school under Article 26 or 30.

2

When drawing up or amending criteria under paragraph (1)—

a

the Board of Governors of a controlled school shall consider any representations made to it by F82the Authority responsible for the management of the school;

b

the Board of Governors of a Catholic maintained school shall consider any representations made to it by the Council for Catholic Maintained Schools.

3

Where the criteria to be applied in respect of any school year have been published under Article 33(2), the Board of Governors shall not amend those criteria in respect of that school year without the approval of the Department.

4

The criteria drawn up by the Board of Governors of a school under paragraph (1) shall provide for all children resident in Northern Ireland at the time of their proposed admission to the school to be selected for admission to the school before any child not so resident may be selected for admission.

5

The criteria drawn up under paragraph (1) shall be such as to ensure that the Board of Governors by applying those criteria can comply with Article 26 or 30 before the criteria are exhausted.

6

Regulations may provide that the criteria drawn up under paragraph (1)—

a

shall include such matters or matters of such description as are specified in the regulations;

b

shall not include such matters or matters of such description as are so specified.

F82The Authority may, with the agreement of the Board of Governors of any school F57..., publish on behalf of the Board of Governors, the information relating to the school referred to in paragraph (3).

6

References in paragraphs (3) and (5) to publication are references to publication at such times and in such manner as may be required by regulations.

PART VITEACHERS

CHAPTER ITHE GENERAL TEACHING COUNCIL FOR NORTHERN IRELAND

The General Teaching Council for Northern Ireland34

1

There shall be established a body to be known as the General Teaching Council for Northern Ireland (referred to in this Chapter as “the Council”).

2

Schedule 1 shall have effect in relation to the Council.

3

The functions of the Council under this Chapter shall be exercisable by the Council in relation to—

a

teachers in grant-aided schools; and

b

peripatetic teachers;

and references in this Chapter to “teachers” and “teaching” shall be construed accordingly.

Registration of teachersC135

1

The Council shall establish and maintain a register of teachers ( “the register”).

2

The register shall contain the name of every person who in accordance with regulations under Article 36—

a

is eligible for registration; and

b

applies to be registered.

3

F15Subject to such exceptions as may be provided for by or under regulations, An employing authority shall not employ a person as a teacher unless he is registered under this Article.

have ceased to be eligible for registration;

ii

have failed to pay any such fee; or

iii

have in accordance with procedures specified inF17 or determined under the regulations been found guilty of misconduct F18or serious professional incompetence;

or in such other circumstances as may be specified in the regulations;

g

the restoration and alteration of entries;

h

the issue and form of certificates of registration;

i

the information contained in the register which may be made available for inspection by members of the public, and the circumstances in which and the conditions subject to which that information may be made available.

4

For the purposes of paragraph (3)(e) regulations under this Article may authorise the Council (subject to such exceptions as may be provided for by or under the regulations) to charge fees fixed by the Council with the approval of the Department in respect of —

a

applications for registration or for the restoration of entries to the register;

b

registration in accordance with paragraph (3)(c); or

c

the retention of entries in the register,

and the regulations may accordingly authorise the Council to refuse an application falling within sub-paragraph (a) until the appropriate fee has been paid.

F174A

c

standards of teaching;

d

standards of conduct for teachers.

4

The Council may publish advice given by it under this Article.

Additional and ancillary functions38

1

The Department may by order confer or impose on the Council such additional functions as the Department considers the Council may appropriately discharge in conjunction with any of its other functions under this Chapter.

2

Before making an order under paragraph (1), the Department shall consult the Council and such other bodies and persons as appear to the Department to be appropriate.

3

An order under paragraph (1) may in particular require the Council to maintain records relating to such categories of persons (including persons not eligible to be registered under Article 35) as may be specified in the order; and the records shall contain such information relating to those persons and be kept in such manner as may be so specified.

4

The Council shall carry out such ancillary activities as the Department may direct.

5

For the purposes of paragraph (4) activities are ancillary activities in relation to the Council if the Department considers it is appropriate for the Council to carry out those activities for the purposes of or in connection with the carrying out by the Council of any of its other functions under this Chapter.

Deduction of fees from salary of teachers39

1

The Department may make regulations requiring issuing authorities, or authorising the Department where it is the issuing authority—

a

to deduct from the salary of teachers any fee payable by virtue of Article 36 in respect of the registration of, or retention of an entry on the register relating to, any teacher; and

b

to remit that fee to the Council.

2

The regulations may make provision with respect to—

a

the arrangements to be adopted by issuing authorities for the deduction and remittance of fees; and

b

the notification to the Council by issuing authorities of such particulars relating to teachers as the regulations may specify.

3

In this Article “issuing authority”, in relation to any teacher, means the body which in accordance with Article 71 is responsible for issuing payment of his salary.

Supply of information relating to teachers40

1

The Department may supply the Council with such information as the Department considers it to be necessary or desirable for the Council to have for the purposes of its functions under this Chapter.

2

The Council shall supply the Department with such information as it may reasonably require for the purposes of its functions under the Education Orders.

3

The Department may by regulations require or authorise the Council to supply information—

a

to such other body or person; and

b

for such purposes and subject to such conditions,

as may be prescribed.

4

Employing authorities shall supply the Council with such information as it may reasonably require for the purposes of its functions under this Chapter.

5

This Article does not limit the circumstances in which information may be supplied apart from this Article.

Interpretation of this Chapter41

In this Chapter—

“the Council” has the meaning assigned to it by Article 34(1);
“employing authority” means—
1. a
  in relation to teachers employed in a controlled school, F82the AuthorityF58...;
2. b
  in relation to teachers employed in a Catholic maintained school, the Council for Catholic Maintained Schools;
3. c
  in relation to teachers employed in any other voluntary school or in a grant-maintained integrated school, the Board of Governors of the school;
4. d
  in relation to peripatetic teachers, F82the AuthorityF59...;
“the register” has the meaning assigned by Article 35(1);
“teachers” and “teaching” shall be construed in accordance with Article 34(3).

CHAPTER IIEMPLOYMENT OF TEACHERS

Eligibility for employment as principal of grant-aided school42

1

The Department may by regulations make provision as to the eligibility of persons to be employed as principals of grant-aided schools.

2

Without prejudice to the generality of paragraph (1), regulations under that paragraph may include provision requiring persons employed as principals, subject to such exceptions as may be provided for by or under the regulations, to have a qualification approved by the Department for the purposes of this Article.

3

Regulations under this Article shall apply to every person who is appointed as principal of a grant-aided school on or after the date on which the regulations come into operation, unless he has held such an appointment before that date.

4

In this Article—

“principal”
1. a
  includes, in the case of a grammar school having a preparatory department, the teacher in charge of that department;
2. b
  does not include an acting principal;
“preparatory department” means that part of a grammar school in which primary education is provided.

Appointment of teachers43

1

For Article 143 of the 1989 Order there shall be substituted—

Employment of teachers by the Council143
1
The Council may employ all such teachers as are required on the staff of Catholic maintained schools.
2
The Council shall prepare, and may from time to time revise, a scheme providing for the procedures to be followed by—
a
the Council;
b
the diocesan education committee established under paragraph 3 of Schedule 8; and
c
the Boards of Governors of Catholic maintained schools,
in relation to the appointment of teachers under paragraph (1).
3
Before preparing a scheme under paragraph (2), the Council shall consult the Board of Governors of every Catholic maintained school.
4
A scheme under paragraph (2) shall—
a
require the Council to appoint a panel of assessors in relation to each diocesan education committee; and
b
make provision for members of that panel to give advice and assistance to the diocesan education committee or the Board of Governors of a Catholic maintained school in relation to any functions of that committee or Board under the scheme.
5
It shall be the duty of the bodies mentioned in paragraph (2) to give effect to a scheme for the time being in force under that paragraph.

2

For Article 153 of the 1989 Order there shall be substituted—

Appointment of teachers by F82the Authority153
1
F82The Authority shall prepare, and may from time to time revise, a scheme providing for the procedures to be followed in relation to the appointment by F82the Authority of—
a
teachers to posts in controlled schools; and
b
peripatetic teachers.
2
A scheme under paragraph (1) may provide for any specified functions of F82the Authority under the scheme to be performed by the teaching appointments committee of F82the Authority on behalf of, and in the name of, F82the Authority.
3
Before preparing a scheme under paragraph (1), F82the Authority shall consult the Board of Governors of every controlled school managed by F82the Authority.
4
It shall be the duty of F82the Authority to give effect to a scheme for the time being in force under paragraph (1).

3

Article 69(8) of the 1986 Order (terms and conditions of employment of certain teachers to be set out in an agreement in a form approved by the Department) shall cease to have effect.

PART VIIFINANCING OF SCHOOLS

CHAPTER IFINANCING OF SCHOOLS BY BOARDS

Schemes for financing schools

Arts. 44 - 54 rep. by 2003 NI 12

Suspension of financial delegation for mismanagement, etc.55

1

F19Where it appears to F82the Authority, in the case of any relevant school with a delegated budget,, that the Board of Governors of the school—

a

has been guilty of a substantial or persistent failure to comply with any requirements or conditions applicable under the scheme; or

b

is not managing the appropriation or expenditure of the sum put at its disposal for the purposes of the school in a satisfactory manner,

F82the Authority may suspend the Board of Governors' right to a delegated budget by giving the Board of Governors (subject to paragraph (4)) not less than one month's notice of suspension.

2

Any notice under paragraph (1) shall specify the grounds for the proposed suspension, giving particulars of any alleged failure on the part of the Board of Governors to comply with any requirements or conditions applicable under the scheme and of any alleged mismanagement on its part.

3

A copy of the notice shall be given to—

a

the principal of the school;

b

the Department; and

c

where the school is a Catholic maintained school, the Council for Catholic Maintained Schools,

at the same time as the notice is given to the Board of Governors.

4

F82The Authority may suspend the right mentioned in paragraph (1) of any Board of Governors to which it has given notice under that paragraph before the expiry of the period of notice if it appears to the board to be necessary to do so by reason of gross incompetence or mismanagement on the part of the Board of Governors or other emergency.

5

F82The Authority may withdraw a notice given under paragraph (1) at any time before the expiry of the period of notice.

the Department; and

d

where that school is a Catholic maintained school, the Council for Catholic Maintained Schools,

written notification of its decision on any such review.

3

The revocation of a suspension on a review under this Article shall take effect as from the beginning of the financial year next following the review.

Appeal against suspension or refusal to revoke it57

1

A Board of Governors shall be entitled to appeal to the Department against—

a

the imposition of any suspension under Article 55; or

b

Application ofF20 the common funding scheme to special schools59

1

The Department may by regulations provide for requiring or authorisingF20 the common funding scheme

a

to cover controlled or maintained special schools;

b

to include provision, in the case of any such school which by virtue of any regulations made under sub-paragraph (a) is required or authorised to be covered byF20 the common funding scheme, for the delegation by F61the Authority of the management of the school's budget share for any financial year to the Board of Governors of the school.

2

Regulations under this Article—

a

may make in any provisions of this ChapterF20 or Part I of the 2003 Order such amendments as appear to the Department to be required in consequence of any provision made in those regulations by virtue of paragraph (1); and

b

may provide thatF20 the common funding scheme shall have effect with such modifications as appear to the Department to be appropriate in consequence of any provision so made.

Duty on board to make a sum of money available to Board of Governors of special school not covered by a scheme60

1

Subject to paragraphs (4) and (12), in respect of any period during which any special school is not covered by a scheme, it shall be the duty of F82the Authority to make available a sum of money which the Board of Governors of the school is to be entitled to spend at its discretion during that period (but subject to paragraph (2)) on such heads of expenditure as F82the Authority may specify or as the Department may direct.

2

A Board of Governors to which any sum is made available under this Article—

a

shall comply in spending that sum with such reasonable conditions as F82the Authority thinks fit to impose; and

b

may delegate to the principal, to such extent as it may specify, its powers in relation to that sum.

shall be entitled to spend any sums received by it by way of maintenance grants as it thinks fit for the purposes of the school; and

b

may delegate to the principal its power under sub-paragraph (a)in relation to any such sums.

7

The members of the Board of Governors of a voluntary grammar school shall not incur any personal liability in respect of anything done in good faith in the exercise or purported exercise of their powers under paragraph (6).

any notice under paragraph (4) to which paragraph (5) applies,

by substituting a later date for the date for the time being specified in the notice as the date on which the duty of F66the Authority under Article 61 to pay maintenance grants to the Board of Governors of the school will cease; or

c

vary any notice under paragraph (4) so far as relating to any measures specified in it by virtue of paragraph (6)(b).

9

If by virtue of paragraph (8)(c) the Department varies any notice under paragraph (4) so as to require different measures to be taken, it shall also substitute for the time specified in the notice by virtue of paragraph (6)(c) a time ending—

a

not less than 3 months after the date on which the notice of variation is given to the Board of Governors; and

b

where the time so specified has been extended under paragraph (7)(a), not earlier than that time as so extended.

10

Any variation under paragraph (9) of the time specified in a notice under paragraph (4) is without prejudice to any further extension of that time under paragraph (7).

11

Where the Department gives a notice under this Article to the Board of Governors of a school, it shall give a copy of the notice to F66the Authority.

12

Where the Department gives a notice under paragraph (1), (4) or (7)(b) which states that the duty of F66the Authority under Article 61 to pay maintenance grants to the Board of Governors of a school will cease on a specified date, F83the Authority shall cease to be under a duty to make such grants to that Board of Governors in respect of any period beginning on or after that date.

13

In this Article—

“notice” means notice in writing;
F67...

Maintenance and other grants to grant-maintained integrated schoolsI563

1

Subject to the provisions of this Article and Article 64, F89the Authority shall in respect of each financial year make grants (known as maintenance grants) to the Board of Governors of a grant-maintained integrated school situated in its area in respect of expenditure incurred or to be incurred in that year in carrying on the school, other than expenditure of a capital nature.

F222

The amount of the maintenence grant payable in respect of a grant-maintained integrated school for a financial year shall be the sum of—

a

an amount equal to the budget share of the school for that year; and

b

such other amount determined by or in accordance with the common funding scheme as, in accordance with that scheme, falls to be paid by way of maintenence grant.

3

F90The Authority shall make grants to the Boards of Governors of a grant-maintained integrated school situated in its area of amounts equal to the costs of the trustees on foot of an approved contract.

4

Grants under this Article shall be made on such conditions (including conditions as to repayment) as F91the Authority may determine, with the approval of the Department.

5

The times at which, and the manner in which, payments are made in respect of grants under this Article shall be such as F92the Authority may determine with the approval of the Department.

6

Subject to any conditions imposed under paragraph (4), the Board of Governors of a grant-maintained integrated school—

a

shall be entitled to spend any sums received by it by way of maintenance grants as it thinks fit for the purposes of the school; and

b

may delegate to the principal its power under sub-paragraph (a)in relation to any such sums.

7

The members of the Board of Governors of a grant-maintained integrated school shall not incur any personal liability in respect of anything done in good faith in the exercise or purported exercise of their powers under paragraph (6).

Withdrawal of maintenance grants from grant-maintained integrated schoolI664

1

The Department may give to the Board of Governors of a grant-maintained integrated school a notice stating that the duty of F68the Authority under Article 63 to pay maintenance grants to the Board of Governors of the school will cease on a date specified in the notice.

2

Subject to the following provisions of this Article—

a

a notice under paragraph (1) may not specify as the date on which the duty of F68the Authority under Article 63 to pay maintenance grants to the Board of Governors of the school will cease a date falling less than 2 years after the date on which the notice is given to the Board of Governors; and

b

before giving such a notice the Department shall consult—

i

the Board of Governors of the school;

ii

F68the Authority; and

iii

the Council for Catholic Maintained Schools.

3

Paragraph (2) shall not apply where the Department is satisfied that the school as currently constituted or conducted is unsuitable to continue as a grant-maintained integrated school on all or any of the following grounds—

a

that the number of registered pupils at the school is too small for sufficient and suitable instruction to be provided for them at reasonable cost;

b

that the Board of Governors has failed for a significant period of time to carry out its duties under Part III of the 1989 Order,

withdraw any notice under paragraph (1), (4) or (7)(b); or

b

vary—

i

any notice under paragraph (1) or (7)(b); or

ii

any notice under paragraph (4) to which paragraph (5) applies,

by substituting a later date for the date for the time being specified in the notice as the date on which the duty of F68the Authority under Article 63 to pay maintenance grants to the Board of Governors of the school will cease; or

c

vary any notice under paragraph (4) so far as relating to any measures specified in it by virtue of paragraph (6)(b).

9

a

not less than 3 months after the date on which the notice of variation is given to the Board of Governors; and

b

where the time so specified has been extended under paragraph (7)(a), not earlier than that time as so extended.

10

Any variation under paragraph (9) of the time specified in a notice under paragraph (4) is without prejudice to any further extension of that time under paragraph (7).

11

Where the Department gives a notice under this Article to the Board of Governors of a school, it shall give a copy of the notice to F68the Authority.

12

Where the Department gives a notice under paragraph (1), (4) or (7)(b) which states that the duty of F68the Authority under Article 63 to pay maintenance grants to the Board of Governors of a school will cease on a specified date, F84the Authority shall cease to be under a duty to make such grants to that Board of Governors in respect of any period beginning on or after that date.

13

In this Article—

“notice” means notice in writing;
F69...

Information

Arts. 65 and 66 rep. by 2003 NI 12

Financial statements in respect of special schools not covered by statements underF23 Article 7 of the 2003 Order67

1

Before the beginning of each financial year F82the Authority shall prepare a statement of the financial provision initially planned by F82the Authority in respect of that financial year for any special schools under the management of, or maintained by, F82the Authority, other than special schools in respect of which, by virtue of any provision made by regulations under Article 59, any information is required to be included in a statement prepared by F82the Authority in respect of that year underF23 Article 7 of the 2003 Order.

2

A statement under paragraph (1) shall contain such information as the Department may direct.

3

After the end of each financial year in respect of which F82the Authority is required to prepare a statement under paragraph (1), F82the Authority shall prepare a statement containing such information with respect to—

a

expenditure actually incurred in that year for the purposes of all schools required to be covered by the statement under paragraph (1); and

b

expenditure so incurred which was incurred, or is treated by F82the Authority as having been incurred, for the purposes of each such school,

as the Department may direct.

4

A statement prepared under this Article shall be prepared in such form, and published in such manner and at such times, as the Department may direct.

5

F82The Authority shall furnish—

a

the Board of Governors of any school required to be covered by a statement prepared under paragraph (1) in respect of any financial year; and

b

if any of those schools is a Catholic maintained school, the Council for Catholic Maintained Schools,

with a copy of each statement prepared by F82the Authority under this Article in relation to that year.

6

A Board of Governors shall secure that a copy of any statement furnished to it under this Article is available for inspection (at all reasonable times and free of charge) at the school.

F24Interpretation of this Chapter67A

1

In this Chapter “the 2003 Order” means the Education and Libraries (Northern Ireland) Order 2003.

2

In this Chapter—

a

references to a school which has a delegated budget are references to a school managed by a Board of Governors to which F82the Authority has for the time being delegated the management of the school's budget share in pursuance of the common funding scheme;

b

the Board of Governors of a school to which F82the Authority is required by the scheme to delegate the management of the school's budget share is said to have a right to a delegated budget.

3

In this Chapter—

“the common funding scheme” means the common funding scheme under Article 3 of the 2003 Order;
F70...

Capital and special purpose grants for grant-maintained integrated schoolsI769

3

Paragraph (1) does not impose on F82the Authority responsibility for any matter which under an approved contract entered into by the trustees of a maintained school is the responsibility of the contractor.

4

The duty of F82the Authority under paragraph (1)(d) to meet the costs 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; and

b

the Board of Governors of the school, in any other case,

a sum equal to the amount of the redundancy payment.

5

F82The Authority shall be responsible for meeting the costs of the trustees of a maintained school situated in its area on foot of an approved contract, and accordingly shall make grants to those trustees of amounts equal to those costs.

6

Grants under paragraph (5) shall be made on such conditions (including conditions as to repayment) as F82the Authority may determine with the approval of the Department.

7

F82The Authority shall pay to the Council for Catholic Maintained Schools an amount equal to the expenditure incurred or to be incurred by that Council in insuring against any liability for personal injury suffered by a teacher employed on the staff of a Catholic maintained school F72... and arising out of and in the course of his employment by that Council.

8

Any question which may arise as to the responsibility of F82the Authority under this Article shall be referred to the Department whose decision thereon shall be final.

9

In this Article “the teaching costs”, in relation to a maintained school, means the costs of—

a

the salaries and allowances of teachers employed on the staff of the school;

b

secondary Class 1 contributions under the [1992 c. 7.] Social Security Contributions and Benefits (Northern Ireland) Act 1992 and employers' superannuation contributions in respect of such teachers;

c

payments to which paragraph 7(1)(a) of Schedule 2 applies;

d

redundancy payments under the [1996 NI 16.] Employment Rights (Northern Ireland) Order 1996 in respect of teachers ceasing to be employed on the staff of the school.

10

For the purposes of the Education Orders, a maintained school is maintained by F82the Authority if F82the Authority has the responsibilities mentioned in paragraph (1) in relation to the school.

Paragraph (5)(a) does not apply, in the case of a controlled school which does not have a delegated budget, to the extent necessary for the exercise by F82the Authority of its powers under—

a

paragraph (2); or

b

Article 32 of the [1993 NI 12.] Education and Libraries (Northern Ireland) Order 1993.

7

In this Article—

“educational facilities” means the equipment, premises or other property of a school;
“educational services” includes services provided by teachers;

and references to a school which has a delegated budget shall be construed in accordance withF25 Article 67A(2)(a).

PART VIIITHE NORTHERN IRELAND COUNCIL FOR THE CURRICULUM, EXAMINATIONS AND ASSESSMENT

The Northern Ireland Council for the Curriculum, Examinations and Assessment73

1

There shall continue to be a body known as the Northern Ireland Council for the Curriculum, Examinations and Assessment (referred to in this Part as “the Council”).

2

Schedule 3 shall have effect in relation to the Council.

taken by the Council under this Article; or

b

taken in accordance with arrangements entered into by the Council under paragraph (2)(a) or (3)(a).

6

In this Article—

“examination” includes any examination, test or assessment for an academic or vocational qualification;
“relevant assessments” means assessments of pupils required by F28Article 9 of the Education (Northern Ireland) Order 2006;
“relevant examinations” means such examinations as the Department, after consultation with the Council, may determine.

7

The Department shall notify the Council in writing of any determination made by it under paragraph (6).

Functions of the Council in relation to accreditation and approval of certain external qualifications75 F29

1

The Council shall—

a

with the approval of the Department, develop and publish criteria for the accreditation of relevant external qualifications;

b

accredit, where they meet such criteria, any such qualifications submitted for accreditation.

2

The Council shall advise the Department on the exercise of its powers under Article 81.

3

In this Article—

“external qualification” means any academic or vocational qualification authenticated or awarded by an outside person;
“relevant external qualification” means an external qualification which—
1. a
  is, or is to be, provided for—
  1. i
    pupils in attendance at a grant-aided school; or
  2. ii
    persons under the age of 19 in full-time attendance at an institution of further education; and
2. b
  is designated by the Department for the purposes of this Article;
“outside person” means—
1. a
  in relation to a school, a person other than a member of staff of the school;
2. b
  in relation to an institution of further education, a person other than a member of staff of the institution.

4

The Department shall notify the Council in writing of any designation made by it under paragraph (3).

Other functions of the Council in relation to the curriculum, examinations and assessment76

1

The Council shall—

a

keep under review all aspects of the curriculum for grant-aided schools and all aspects of examinations and assessment;

b

advise the Department on such matters concerned with the curriculum for grant-aided schools or with examinations and assessment as the Department may refer to it or as it may see fit;

c

publish and disseminate, or secure or assist the publication and dissemination of, information relating to the curriculum for grant-aided schools or to examinations and assessment;

d

produce, or secure or assist the production of, teaching materials for use in connection with the curriculum for grant-aided schools.

2 F30

The Council shall, with respect to persons under the age of 19 who are in full-time further education at an institution of further education—

a

keep under review all aspects of the curriculum for institutions of further education and all aspects of examinations and assessment;

b

advise the Department on such matters concerned with the curriculum for institutions of further education or with examinations and assessment as the Department may refer to it or as it may see fit;

c

publish and disseminate, or secure or assist the publication and dissemination of, information relating to the curriculum for institutions of further education or to examinations and assessment;

d

produce, or secure or assist the production of, teaching materials for use in connection with the curriculum for institutions of further education.

3

The Council shall produce, or secure or assist the production of, guidance and teaching materials for use (whether at a school or any other premises) in connection with the curriculum for children who have attained the age of 2 but have not attained the lower limit of compulsory school age.

4

F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

In this Article “examination” includes any examination, test or assessment for an academic or vocational qualification.

Consultation by the Council77

1

Before exercising its functions under Article 76(3) the Council shall consult with such bodies and persons as appear to it to be concerned.

2

F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ancillary functions of the Council78

1

The Council may, and shall if the Department so directs—

a

carry out; or

b

commission, or assist in any way, the carrying out by another body or person of,

any programme of research and development for purposes connected with the functions of the Council.

2

The Council may enter into arrangements to perform functions on behalf of, or provide services to, any other examining body or authority; and such arrangements may provide for the payment by that body or authority of the whole or part of any expenditure incurred by the Council in carrying out the arrangements.

3

The Council shall carry out such ancillary activities as the Department may direct.

4

For the purposes of paragraph (3) activities are ancillary activities in relation to the Council if the Department considers it is appropriate for the Council to carry out those activities for the purposes of or in connection with the carrying out by the Council of any of its other functions under this Part.

5

The Council shall make such reports and returns, and give such information, to the Department as the Department may reasonably require.

Discharge by the Council of its functions79

1

In carrying out its functions under this Part the Council shall—

a

comply with Article 80(7) (work programme);

b

so far as relevant, have regard to—

i

the requirements of industry, commerce and the professions regarding education; and

ii

the requirements of persons with special learning needs; and

c

seek to ensure that the standards of examinations and assessments conducted by bodies or authorities in Northern Ireland are recognised as equivalent to the standards of examinations and assessments conducted by bodies or authorities exercising similar functions elsewhere in the United Kingdom.

2

In paragraph (1) “persons with special learning needs” means—

a

children with special educational needs (as defined in Article 3 of the [1996 NI 1.] Education (Northern Ireland) Order 1996); and

b

persons who have a learning difficulty (as defined in Article 3 of the [1997 NI 15.] Further Education (Northern Ireland) Order 1997).

to carry out the activities in a work programme approved under this Article in accordance with that programme;

b

not to carry out any activities or incur any expenditure in any period except in accordance with the work programme approved under this Article in respect of that period.

PART IXMISCELLANEOUS AND SUPPLEMENTARY

Miscellaneous

Approval of courses leading to external qualifications81

1

No course of study leading to an external qualification shall be provided for pupils of compulsory school age by or on behalf of a grant-aided school unless the qualification is for the time being approved by the Department.

I22

No course of study leading to an external qualification shall be provided for pupils who have attained the upper limit of compulsory school age by or on behalf of a grant-aided school unless the qualification is for the time being approved by the Department.

3 F33

No course of study leading to an external qualification shall be provided for persons under the age of 19 who are in full time attendance at an institution of further education by or on behalf of the institution unless the qualification is for the time being approved by the Department.

4

An approval under this Article may be given generally or in relation to particular cases.

5

In relation to any grant-aided school, it shall be the duty of the Board of Governors to exercise its functions with a view to securing and the duty of the principal to secure that paragraphs (1) and (2) are not contravened.

6 F33

In relation to any institution of further education, it shall be the duty of the governing body to exercise its functions with a view to securing and the duty of the principal to secure that paragraph (3) is not contravened.

7

In this Article—

“external qualification” means any academic or vocational qualification authenticated or awarded by an outside person;
“outside person” means—
1. a
  in relation to a school, a person other than a member of staff of the school;
2. b
  in relation to an institution of further education, a person other than a member of staff of the institution.

Work experience for school children82

1

Article 63 of the 1986 Order (employment of children for purposes of work experience) shall be amended as follows.

2

In paragraph (2) for the words from “but may be so employed” to the end there shall be substituted the words

but may be so employed only—
a
in the school year in which he ceases to be of compulsory school age; and
b
in the school year immediately preceding that year.

3

In paragraph (3) the definition of “summer term” shall be omitted and before the definition of “work experience” there shall be inserted—

“school year” means a year ending on 31st July;

Provision of secondary education for pupils in key stage 4 by institutions of further education83

Para. (1) rep. by 2003 NI 12

F342

F82The Authority may arrange for secondary education to be provided by an institution of further education—

a

F35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

to meet the needs of any child over the age of 14 but under compulsory school age who F73... is not a registered pupil at any grant-aided school.

3

Before making any arrangements under paragraph (2) in relation to a registered pupil at a Catholic maintained school, F82the Authority shall consult the Council for Catholic Maintained Schools.

Recovery of wasted examination fees84

1

Chapter II of Part VIII of the 1989 Order (charges in grant-aided schools) shall be amended as follows.

2

After Article 136 there shall be inserted the following Article—

Recovery of wasted examination fees136A
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 registered pupil at the school for a public examination in any syllabus for that examination; and
b
the pupil fails without good reason to meet any examination requirement for that syllabus,
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.

3

In Article 137(6) after “135” there shall be inserted “or 136A”.

Statement of special educational needs85

In Schedule 2 to the [1996 NI 1.] Education (Northern Ireland) Order 1996 in paragraph 6 (statement of special educational needs to be accompanied by certain information) for sub-paragraph (b) there shall be substituted—

b
of the name of an officer of F82the Authority from whom further information may be obtained.

Exceptional provision of education86

1

F82The Authority shall make arrangements for the provision of suitable education at school or otherwise than at school for those children of compulsory school age who by reason of illness, F36or expulsion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.

2

F82The Authority may make arrangements for the provision of suitable education otherwise than at school for those children over compulsory school age who—

a

have not attained the age of 19; and

b

by reason of illness, F37or expulsion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.

F382A

Paragraphs (1) and (2) do not apply in relation to a child who is suspended from school.

3

In determining what arrangements to make under this Article in the case of any child F82the Authority shall have regard to any guidance given from time to time by the Department.

4

In this Article—

“child” has the same meaning as in Part II of the [1996 NI 1.] Education (Northern Ireland) Order 1996;

“suitable education”, in relation to a child, means efficient education suitable to his age, ability and aptitude and to any special educational needs he may have.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

if that unit is a Catholic maintained school, the Council for Catholic Maintained Schools.

7

In this Article “child” and “suitable education” have the same meanings as in Article 86.

Power of boards to enter contracts for provision of assets or services88

1

Every statutory provision conferring or imposing a function on F82the Authority confers power on F82the Authority to enter into a contract with another person for the provision or making available of assets or services, or both, for the purposes of, or in connection with, the discharge of the function by F82the Authority.

2

Where—

a

F82the Authority enters into a contract such as is mentioned in paragraph (1) ( “the provision contract”) under any statutory provision; and

b

in connection with the provision contract, a person ( “the financier”) makes a loan to, or provides any other form of finance for, a party to the provision contract other than F82the Authority,

the statutory provision also confers power on F82the Authority to enter into a contract with the financier, or any insurer of or trustee for the financier, in connection with the provision contract.

3

Schedule 4 (which contains provision for the certification of contracts entered into by F82the Authority and the effect of such certification) shall have effect.

4

This Article and Schedule 4 apply to any contract which F82the Authority enters into after 12th June 1997.

Irish-medium education89

1

It shall be the duty of the Department to encourage and facilitate the development of Irish-medium education.

2

The Department may, subject to such conditions as it thinks fit, pay grants to any body appearing to the Department to have as an objective the encouragement or promotion of Irish-medium education.

3

The approval of the Department to a proposal under article 14 of the 1986 Order to establish a new Irish speaking voluntary school may be granted upon such terms and conditions as the Department may determine.

4

In this article “Irish-medium education” means education provided in an Irish speaking school.

F395

Article 3(2) of the Education (Northern Ireland) Order 2006 applies for the purposes of this Article as it applies for the purposes of Part II of that Order.

Supplementary

Regulations and orders90

1

Subject to paragraph (2), regulations and orders made by the Department under this Order shall be subject to negative resolution.

2

Paragraph (1) does not apply to—

a

orders under Article 1(3) (commencement orders);

b

orders under Article 44(6) (orders subject to affirmative resolution);

c

regulations under Article 87(2) or paragraph 2(7) of Schedule 4 (regulations subject to affirmative resolution).

3

Regulations and orders made by the Department under this Order may contain such incidental, supplementary and transitional provisions as appear to the Department to be appropriate.

Amendments, repeals and savingsI191

Para. (1)—Amendments
Para. (2)—Repeals

3

The repeal of the statutory provisions set out in Part II of Schedule 6 does not affect their operation in relation to any financial year ending before the day on which the repeal of those provisions comes into operation.

SCHEDULES

SCHEDULE 1THE GENERAL TEACHING COUNCIL FOR NORTHERN IRELAND

Article 34.

In particular the Council may—

a

invest sums not immediately required for the purpose of carrying out its functions;

b

accept gifts of money, land or other property; and

c

charge for services provided by it.

Staff

4

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 paragraph 5 and to any directions 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.

The registrar

5

1

The Council shall have a chief officer (known as “the registrar”) who shall be appointed—

a

in the case of the first registrar, by the Department; and

b

in the case of any subsequent registrar, by the Council with the approval of the Department.

2

The terms and conditions of service of the registrar shall—

a

in the case of the first registrar, be such as the Department may determine; and

b

in the case of any subsequent registrar, be such as the Council may determine with the approval of the Department.

3

The registrar shall be entitled to attend and take part in meetings of the Council and its committees but not to vote on any question.

Assessors

6

1

The Department may appoint two assessors to the Council who shall be entitled to receive notice of, and attend and take part in, meetings of the Council and its committees, but not to vote on any question.

2

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 (1).

Delegation of functions

7

1

The Council may authorise the chairman, the registrar or any committee of the Council to exercise such of its functions as it may determine.

2

Sub-paragraph (1) is without prejudice to any power to authorise an officer of the Council to carry out any of the Council's functions on behalf of the Council.

Allowances to members

8

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

Procedure

9

1

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

2

Without prejudice to section 19(1)(a)(v) of the Interpretation Act (Northern Ireland) 1954, the Council shall make standing orders relating to—

a

the convening of meetings of the Council and of committees of the Council;

b

the fixing of the quorum for such meetings;

c

the conduct of business at such meetings;

d

the keeping of minutes, accounts and other records;

e

the signing of cheques;

f

the custody of deeds and other documents;

g

the duties of officers of the Council; and

h

such other matters connected with the conduct of its business as it thinks fit.

3

In making standing orders under this paragraph the Council shall take into account any guidance given by the Department as to the provisions it regards as appropriate for inclusion in the standing orders.

Application of seal and proof of instruments

10

1

The application of the seal of the Council shall be authenticated by the signature of—

a

the chairman of the Council or some other person authorised either generally or specially by the Council for that purpose; and

b

one other member.

2

Every document purporting to be an instrument made or issued by or on behalf of the Council and to be duly executed under the seal of the Council, or to be signed or executed by a person authorised by the Council to act in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

Finance

11

The Department may make grants to the Council of such amounts and subject to such terms and conditions as the Department may determine.

Accounts and audit

12

1

The Council shall keep, in such form as the Department may direct, accounts of all moneys received and all moneys paid out by it.

2

In respect of each financial year—

a

the Council shall prepare and submit to the Comptroller and Auditor General and the Department a statement of accounts before such date, in such form and containing such information as the Department, with the approval of the Department of Finance and Personnel, may direct;

b

the Comptroller and Auditor General shall examine and certify the statement of accounts submitted to him by the Council; and

c

the Department shall lay before the Assembly a copy of the certified statement of accounts of the Council together with a copy of any report thereon of the Comptroller and Auditor General.

Sub-para. (3) rep. by 2003 NI 5

4

In this paragraph “Comptroller and Auditor General” means the Comptroller and Auditor General for Northern Ireland.

Annual report

13

1

The Council shall, within such time after the end of each financial year as the Department may direct, prepare and submit to the Department a report on the exercise by the Council of its functions in that year.

2

The Department shall—

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 F82the Authority 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 given 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 representation 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

F776

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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;

Committees

4

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

5

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.

6

Without prejudice to section 19(1)(a)(v) of the [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954, 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.

7

The application of the seal of the Council shall be authenticated by the signatures of any two members of the Council authorised by the Council to act for that purpose.

8

The power of the Council under section 19(1)(a)(iv) of the [1954 c. 33 (N.I.).] 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

9

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 the following provisions of this paragraph and 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

10

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.

Power to form bodies corporate

11

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.

Finance

12

1

The Department may pay to the Council grants equal to—

a

approved expenditure incurred by the Council for the provision or alteration of premises for the use of the Council;

b

approved expenditure incurred by the Council for the provision of equipment;

c

other approved expenditure incurred by the Council in carrying out a work programme approved under Article 80.

2

Grants under this paragraph shall be made on such conditions (including conditions as to repayment) and at such times as the Department may determine.

Accounts and audit

13

1

The Council shall keep, in such form as the Department may direct, accounts of all moneys received and all moneys paid out by it.

2

In respect of each financial year—

a

b

the Comptroller and Auditor General shall examine and certify the statement of accounts submitted to him by the Council; and

c

the Department shall lay before the Assembly a copy of the certified statement of accounts of the Council together with a copy of any report thereon of the Comptroller and Auditor General.

Sub-para. (3) rep. by 2003 NI 5

4

In this paragraph “Comptroller and Auditor General” means the Comptroller and Auditor General for Northern Ireland.

SCHEDULE 4CERTIFIED CONTRACTS OF F82THE AUTHORITY

Article 88(3).

Certified contracts assumed to be intra vires

3

Where, on an application for judicial review relating to a certified contract entered into by F82the Authority, a court—

a

is of the opinion that F82the Authority did not have power to enter into the contract (or exercised any power improperly in entering into it); but

b

(having regard in particular to the likely consequences for the financial position of F82the Authority, and for the provision of services to the public, of a decision that the contract should not have effect) considers that the contract should have effect,

Where F82the Authority has agreed relevant discharge terms with any person with whom it has entered into a contract and the contract is a certified contract, the relevant discharge terms shall have effect (and be deemed always to have had effect) as if F82the Authority had had power to agree them (and had exercised that power properly in agreeing them).

Absence of relevant discharge terms

5

1

Sub-paragraph (2) applies where—

a

the result of a determination or order made by a court on an application for judicial review is that a certified contract does not have effect; and

b

there are no relevant discharge terms having effect between F82the Authority and a person who is a party to the contract.

2

That person shall be entitled to be paid by F82the Authority such sums (if any) as he would have been entitled to be paid by F82the Authority if the contract—

a

had had effect until the time when the determination or order was made; but

b

had been terminated at that time by acceptance by him of a repudiatory breach by F82the Authority.

3

For the purposes of this paragraph the circumstances in which there are no relevant discharge terms having effect between F82the Authority and a person who is a party to the contract include (as well as circumstances in which no such terms have been agreed) circumstances in which the result of a determination or order of a court, made (despite paragraph 4(4)) on an application for judicial review, is that such terms do not have effect.

Schedule 5—Amendments

Schedule 6—Repeals