- Latest available (Revised)
- Original (As made)
Education (Northern Ireland) Order 1998, Section 70 is up to date with all changes known to be in force on or before 04 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
70.—(1) Subject to and in accordance with regulations, [F1the Authority] [F2shall, in relation to a maintained school,] be responsible for—
(a)the maintenance of the school premises;
(b)providing and replacing equipment;
(c)employing in accordance with Article 88 of the 1986 Order persons, other than teachers, required in or about the school;
(d)meeting the teaching costs of the school; and
(e)meeting the cost of doing all such other things as may be necessary for the carrying on of the school, other than the cost of providing or altering the premises of the school.
(2) The responsibility of [F1the Authority] under paragraph (1) does not extend to—
(a)any part of the premises of a school used wholly or mainly for boarding purposes; or
(b)meeting any costs incurred in carrying on such part.
(3) Paragraph (1) does not impose on [F1the 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 [F1the 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) [F1The 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 [F1the Authority] may determine with the approval of the Department.
(7) [F1The 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 F3... 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 [F1the 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 [F1the Authority] if [F1the Authority] has the responsibilities mentioned in paragraph (1) in relation to the school.
F1Words 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)
F2Words in art. 70(1) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 20(6) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F3Words in art. 70(7) 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)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.