Education (Northern Ireland) Order 1998

Plans for pre-school education N.I.

17.—(1) Within such time after the coming into operation of this Article as the Department may direct, [F1 the Authority] shall prepare and submit to the Department a plan for the provision (whether by [F1 the Authority] or by other persons) of pre-school education for children F2 ... in such period as may be specified in the plan.

(2) In preparing a plan under paragraph (1) [F1 the 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) [F1 the 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 [F1 the Authority] as after consultation with [F1 the Authority] it considers necessary or expedient, approve the plan.

(5) It shall be the duty of [F1 the Authority] to give effect to the provisions of a plan under paragraph (1) as approved by the Department.

(6) Where—

(a) [F1 the 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 [F1 the 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 [F1 the 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 [F1 the Authority] and approved by the Department under this Article.

(7) [F1 The 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.

F1 Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 1(1)(a) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)

F2 Words in art. 17(1) repealed (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 4 (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)