Education (Northern Ireland) Order 1998

Introductory N.I.

Application and interpretation of this Chapter N.I.

22.—(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 schools N.I.

23.— [F1 (1) [F2 The Authority] shall make arrangements for the parent of a child F3 ...—

(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

(c) to give reasons for his preferences.

(2) Where the parent of a child has expressed his preferences under arrangements under paragraph (1)—

(a) the parent shall be taken as making an application for admission of the child to the school which is the first preference of the parent; and

(b) if that application is refused, the parent shall then be taken as making an application for admission of the child to the school which is the second preference of the parent,

and so on, taking each preference of the parent in order.

(2A) Where—

(a) a school provides both full-time and part time education; and

(b) a parent's expressed preferences include both,

paragraph (2) shall be read as if references to admission to a school were references to admission to a school for the particular kind of pre-school education (that is to say part-time or full-time) which is specified in the preference in question.]

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) It shall be the duty of the Board of Governors of a school to make arrangements for the admission of children—

(a) 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.

F1 2003 NI 12

F2 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)

F3 Words in art. 23(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)

F4 Art. 23(3) 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)