Education (Northern Ireland) Order 1998

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. Interpretation

3. PART II DISCIPLINE

   1. 3. Responsibility of Board of Governors and principal for discipline

   2. 4. Power of member of staff to restrain pupils

   3. 5. Detention of pupil outside school hours

   4. 6. behavioural difficulties

4. PART III ASSESSMENT AND PUPILS' PERFORMANCE

   1. CHAPTER I BASELINE ASSESSMENTS

      1. 7. Introductory

      2. 8. Assessment of pupils in accordance with baseline assessment arrangements

      3. 9. Baseline assessment arrangements

   2. CHAPTER II ASSESSMENT ARRANGEMENTS AND PUPILS' PERFORMANCE

      1. Assessment arrangements

         1. 10. Assessment arrangements

      2. Pupils' performance

         1. 11. School performance targets

         2. 12. Provision of information on individual performance of pupils

5. PART IV PERFORMANCE AND MANAGEMENT OF SCHOOLS

   1. 13. School development plans

   2. 14. Appointment of additional governors for school not providing acceptable standard of education

   3. 15. Contents of annual report

   4. 16. Limits on class sizes in key stage 1

6. PART V PRE-SCHOOL EDUCATION

   1. CHAPTER I PROVISION OF PRE-SCHOOL EDUCATION

      1. 17. Plans for pre-school education

      2. 18. Grants in respect of pre-school education

      3. 19. Inspection of pre-school education

      4. 20. Nursery schools to be eligible for grant maintained integrated and controlled integrated status

      5. 21. Information as to funded pre-school education provided otherwise than in a grant-aided school

   2. CHAPTER II ADMISSION TO PRE-SCHOOL EDUCATION AT GRANT-AIDED SCHOOLS

      1. Introductory

         1. 22. Application and interpretation of this Chapter

         2. 23. Arrangements for admission to pre-school education at grant-aided schools

      2. Admission to full-time pre-school education

         1. 24. Duties of Board of Governors in relation to admission to full-time pre-school education

         2. 25. Determination of full-time enrolment number for a school

         3. 26. Admission decisions in relation to full-time pre-school education

         4. 27. Appeals against certain admission decisions under Article 26

      3. Admission to part-time pre-school education

         1. 28. Duties of Board of Governors in relation to admission to part-time pre-school education

         2. 29. Determination of part-time enrolment number for a school

         3. 30. Admission decisions in relation to part-time pre-school education

         4. 31. Appeals against certain admission decisions under Article 30

      4. General

         1. 32. Admission criteria

         2. 33. Information as to schools and admission arrangements

7. PART VI TEACHERS

   1. CHAPTER I THE GENERAL TEACHING COUNCIL FOR NORTHERN IRELAND

      1. 34. The General Teaching Council for Northern Ireland

      2. 35. Registration of teachers

      3. 36. Regulations as to registration

      4. 37. Advisory functions of the Council

      5. 38. Additional and ancillary functions

      6. 39. Deduction of fees from salary of teachers

      7. 40. Supply of information relating to teachers

      8. 41. Interpretation of this Chapter

   2. CHAPTER II EMPLOYMENT OF TEACHERS

      1. 42. Eligibility for employment as principal of grant-aided school

      2. 43. Appointment of teachers

8. PART VII FINANCING OF SCHOOLS

   1. CHAPTER I FINANCING OF SCHOOLS BY BOARDS

      1. Schemes for financing schools

         1. 44. Schemes for financing schools - introductory

         2. 45. Schools required to be covered by a scheme

         3. 46. Duty of board to have scheme for financing schools

         4. 47. Preparation and imposition of schemes

         5. 48. Replacement and variation of schemes

      2. Provision by a scheme for determination of budget shares

         1. 49. Calculation of board’s aggregated budget

         2. 50. Application of the allocation formula

         3. 51. Premature retirement compensation costs

      3. Financial delegation in respect of controlled and maintained schools

         1. 52. Provision by a scheme for financial delegation

         2. 53. Conditions as to delegation

         3. 54. Effect of financial delegation

         4. 55. Suspension of financial delegation for mismanagement, etc.

         5. 56. Review of suspension

         6. 57. Appeal against suspension or refusal to revoke it

         7. 58. Financial delegation: staff

      4. Financing by boards of special schools

         1. 59. Application of schemes to special schools

         2. 60. Governors of special school not covered by a scheme

      5. Financing by boards of voluntary grammar and grant-maintained integrated schools

         1. 61. Maintenance and other grants to voluntary grammar schools

         2. 62. Withdrawal of maintenance grants from voluntary grammar school

         3. 63. Maintenance and other grants to grant-maintained integrated schools

         4. 64. Withdrawal of maintenance grants from grant-maintained integrated school

      6. Information

         1. 65. Publication of schemes

         2. 66. Publication of financial statements

         3. 67. Financial statements in respect of special schools not covered by statements under Article 66

   2. CHAPTER II FINANCING OF SCHOOLS BY DEPARTMENT

      1. 68. Building and equipment grants for voluntary schools

      2. 69. Capital and special purpose grants for grant-maintained integrated schools

   3. CHAPTER III MISCELLANEOUS FINANCIAL PROVISIONS RELATING TO SCHOOLS

      1. 70. Duties of boards in relation to maintained schools

      2. 71. Payment of salaries, etc of teachers

      3. 72. Charges for educational facilities and services

9. PART VIII THE NORTHERN IRELAND COUNCIL FOR THE CURRICULUM, EXAMINATIONS AND ASSESSMENT

   1. 73. The Northern Ireland Council for the Curriculum, Examinations and Assessment

   2. 74. Duty of the Council to conduct examinations and assessments

   3. 75. Functions of the Council in relation to accreditation and approval of certain external qualifications

   4. 76. Other functions of the Council in relation to the curriculum, examinations and assessment

   5. 77. Consultation by the Council

   6. 78. Ancillary functions of the Council

   7. 79. Discharge by the Council of its functions

   8. 80. Work programmes

10. PART IX MISCELLANEOUS AND SUPPLEMENTARY

    1. Miscellaneous

       1. 81. Approval of courses leading to external qualifications

       2. 82. Work experience for school children

       3. 83. Provision of secondary education for pupils in key stage 4 by institutions of further education

       4. 84. Recovery of wasted examination fees

       5. 85. Statement of special educational needs

       6. 86. Exceptional provision of education

       7. 87. Pupil referral units

       8. 88. Power of boards to enter contracts for provision of assets or services

       9. 89. Irish-medium education

    2. Supplementary

       1. 90. Regulations and orders

       2. 91. Amendments, repeals and savings

11. Signature

12. SCHEDULES

    1. SCHEDULE 1

       THE GENERAL TEACHING COUNCIL FOR NORTHERN IRELAND

       1. Constitution

          1. 1. (1) The Council shall be constituted in accordance with regulations....

       2. Status

          1. 2. (1) The Council shall not be regarded as the servant...

       3. Powers

          1. 3. (1) The Council may do anything which is calculated to...

          2. 4. The right of the Council under section 19(1)(a)(vi) of the...

          3. 5. (1) The Council shall have a chief officer (known as...

       4. Assessors

          1. 6. (1) The Department may appoint two assessors to the Council...

       5. Delegation of functions

          1. 7. (1) The Council may authorise the chairman, the registrar or...

       6. Allowances to members

          1. 8. The Council may pay to any member of the Council...

       7. Procedure

          1. 9. (1) The proceedings of the Council shall not be invalidated...

       8. Application of seal and proof of instruments

          1. 10. (1) The application of the seal of the Council shall...

       9. Finance

          1. 11. The Department may make grants to the Council of such...

       10. Accounts and audit

           1. 12. (1) The Council shall keep, in such form as the...

       11. Annual report

           1. 13. (1) The Council shall, within such time after the end...

    2. SCHEDULE 2

       PROVISIONS RELATING TO THE STAFF OF CONTROLLED AND MAINTAINED SCHOOLS WITH DELEGATED BUDGETS

       1. Application of this Schedule

          1. 1. (1) Subject to sub-paragraph (2), this Schedule applies to a...

       2. Determination of staff complement

          1. 2. Every school to which this Schedule for the time being...

       3. Discipline

          1. 3. (1) The regulationof conduct anddiscipline inrelationtothe staff of any school...

       4. Suspension

          1. 4. (1) In the case of any school to which this...

       5. Dismissal, etc.

          1. 5. (1) Where the Board of Governors of any school to...

          2. 6. (1) Subject to sub-paragraph (2), the employing authority shall not...

       6. Payments in respect of dismissals, resignations, etc.

          1. 7. (1) Subject to sub-paragraph (2), it shall be for the...

       7. School meals staff

          1. 8. Nothing in paragraphs2 to 7 shallapply in relation toaperson employed...

       8. Application of employment law

          1. 9. (1) The Department may by order make such modifications in...

       9. Interpretation

          1. 10. (1) In this Schedule “employing authority” means—

    3. SCHEDULE 3

       THE NORTHERN IRELAND COUNCIL FOR THE CURRICULUM, EXAMINATIONS AND ASSESSMENT

       1. Constitution and status

          1. 1. (1) The Council shall be a body corporate to which,...

          2. 2. (1) The Council shall consist of a chairman and not...

       2. Qualifications of members and tenure of office

          1. 3. (1) A person shall hold and vacate office as a...

       3. Committees

          1. 4. (1) The Council shall appoint a Finance Committee.

       4. Procedure

          1. 5. The proceedings of the Council or of any committee or...

          2. 6. Without prejudice to section 19(1)(a)(v) of the Interpretation Act (Northern...

          3. 7. The application of the seal of the Council shall be...

          4. 8. The power of the Council under section 19(1)(a)(iv) of the...

       5. Staff

          1. 9. (1) The right of the Council under section 19(1)(a)(vi) of...

       6. Allowances

          1. 10. The Council may pay to any member of the Council...

       7. Power to form bodies corporate

          1. 11. The Council may, in the exercise of any of its...

       8. Finance

          1. 12. (1) The Department may pay to the Council grants equal...

       9. Accounts and audit

          1. 13. (1) The Council shall keep, in such form as the...

    4. SCHEDULE 4

       CERTIFIED CONTRACTS OF A BOARD

       1. Certified contracts assumed to be intra vires

          1. 1. (1) Where a board has entered into a contract, the...

       2. The certification requirements

          1. 2. (1) In this Schedule “the certification requirements”, in relation to...

       3. Special provision for judicial review

          1. 3. (1) Paragraph 1(1) does not apply for the purposes of...

       4. Relevant discharge terms

          1. 4. (1) No determination or order made in relation to a...

       5. Absence of relevant discharge terms

          1. 5. (1) Sub-paragraph (2) applies where— (a) the result of a...

    5. SCHEDULE 5

       AMENDMENTS

       1. PART I AMENDMENTS COMING INTO OPERATION 2 MONTHS AFTER MAKING OF ORDER

          1. The Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14)

          2. The Education and Libraries (Northern Ireland) Order 1986 (NI 3)

          3. The Education Reform (Northern Ireland) Order 1989 (NI 20)

          4. The Education (Northern Ireland) Order 1997 (NI 5)

       2. PART II AMENDMENTS COMING INTO OPERATION ON A DAY APPOINTED UNDER ARTICLE 1(3)

          1. The Exchequer and Financial Provisions Act (Northern Ireland) 1950 (c. 3 (N.I.))

          2. The Education and Libraries (Northern Ireland) Order 1986 (NI 3)

          3. The Education Reform (Northern Ireland) Order 1989 (NI 20)

          4. The Value Added Tax Act 1994 (c. 23)

          5. The Education (Northern Ireland) Order 1996 (NI 1)

          6. The Employment Rights (Northern Ireland) Order 1996 (NI 16)

    6. SCHEDULE 6

       REPEALS

       1. PART I REPEALS COMING INTO OPERATION 2 MONTHS AFTER MAKING OF ORDER

       2. PART II REPEALS COMING INTO OPERATION ON A DAY APPOINTED UNDER ARTICLE 1(3)

13. Explanatory Note