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Education (Northern Ireland) Order 1998
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Limits on class sizes in [F1foundation stage and] key stage 1N.I.
16.—(1) This Article applies to pupils at a primary school who are in [F2foundation stage and] key stage 1.
(2) 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—
(a)pupils of that description are regularly taught; and
(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 [F3the Authority] may direct.
(5) Regulations may require [F3the 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, [F3the 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 [F4the 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)” .
F1Words in art. 16 heading inserted (1.8.2006) by Education (Northern Ireland) Order 2006 (S.I. 2006/1915 (N.I. 11)), arts. 1(2), 44(1), Sch. 2 para. 17
F2Words in art. 16(1) inserted (1.8.2006) by Education (Northern Ireland) Order 2006 (S.I. 2006/1915 (N.I. 11)), arts. 1(2), 44(1), Sch. 2 para. 17
F3Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 1(1)(a) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)
F4Words in art. 16(7) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 20(1) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
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