X114(1)The Department may give a temporary closure direction that applies to—N.I.
(a)one or more named schools in Northern Ireland;
(b)all schools in Northern Ireland (or any part of Northern Ireland);
(c)schools in Northern Ireland (or any part of Northern Ireland) of a particular description.
(2)A temporary closure direction under this paragraph is a direction that—
(a)requires the managers of the school or schools to which it applies to take reasonable steps to secure that persons do not, for a specified period, attend premises of the school for purposes connected with the school, and
(b)in the case of a direction that applies to a boarding school (whether or not it applies also to other schools), provides for pupils for whom boarding accommodation is provided to be confined in their boarding accommodation for a specified period.
(3)Before giving a direction under this paragraph, the Department—
(a)must have regard to any advice from the Chief Medical Officer or any of the Deputy Chief Medical Officers of the Department of Health in Northern Ireland relating to the incidence or transmission of coronavirus, and
(b)must be satisfied that giving the direction is a necessary and proportionate action in response to the incidence or transmission of coronavirus.
(4)A temporary closure direction under this paragraph, may—
(a)require the taking of reasonable steps in general terms, or require the taking of particular steps that the Department considers reasonable, in relation to any of the matters mentioned in the following paragraphs;
(b)relate to attendance of persons generally, or to attendance by specified persons;
(c)relate to premises generally, or to specified premises or parts of premises;
(d)relate to attendance for purposes connected with a school generally, or to attendance for specified purposes;
(e)otherwise make different provision for different purposes, or be framed by reference to whatever matters the Department considers appropriate;
(f)make transitional, transitory or saving provision;
(g)make such other provision as the Department considers appropriate in connection with the giving of the direction.
(5)Subject to sub-paragraph (6), the Department must publish a temporary closure direction under this paragraph.
(6)Where a direction relates to a person specified by name—
(a)the Department must give a copy of the direction to that person, and
(b)the published version of the direction must not identify any individual without their consent.
(7)A temporary closure direction under this paragraph has effect until the earlier of—
(a)the end of the period specified under sub-paragraph (2), or
(b)the revocation of the direction by a further direction given by the Department under this paragraph.
(8)The managers of a school to which a temporary closure direction under this paragraph applies must have regard to any guidance given by the Department about how to comply with that direction.
(9)The duty of the managers of a school to comply with a temporary closure direction under this paragraph is enforceable against those managers by the Department making an application to the High Court or a county court for an injunction.
(10)An application under sub-paragraph (9) may be made without notice being given to the managers of the school.
(11)Where a temporary closure direction under this paragraph applies to a school, there is no breach of the following duties to the extent that a failure to satisfy the terms of the duty is attributable to the direction—
(a)the duty under Article 45(1) of the 1986 Order (duty of parents to secure full-time education of children of compulsory school age by attendance at school or otherwise);
(b)the duties under Articles 58 and 59 of the 1986 Order (duties on the Education Authority, the trustees or Board of Governors of a voluntary grammar school and the Board of Governors of a grant-maintained integrated school to provide milk, meals and related facilities);
(c)the duty under paragraph 1(4) of Schedule 13 to the 1986 Order (duty of managers of grant-aided school to admit child in accordance with attendance order);
(d)the duty under paragraph 3(1) of Schedule 13 to the 1986 Order (duty of parent of registered pupil to secure pupil's regular attendance at school of registration);
(e)the duty under Article 86 of the Education (Northern Ireland) Order 1998 (S.I. 1998/1759 (N.I. 13)) (duty of Education Authority to make arrangements for exceptional provision of education);
(f)the duties under regulations 14 and 15 of the Primary Schools (General) Regulations (Northern Ireland) 1973 (S.R. & O. (N.I.) 1973 No.402) and regulations 11 and 12 of the Secondary Schools (Grant Conditions) Regulations (Northern Ireland) 1973 (S.R. & O. (N.I.) 1973 No.403) (terms and days of operation of school and dates of school holidays, etc).
(12)For the purposes of Article 45(2) of, and paragraphs 1 and 4 of Schedule 13 to, the 1986 Order, a child cannot be taken to have failed to attend regularly at a school where that failure is attributable to a temporary closure direction under this paragraph.
(13)In this paragraph—
“the 1986 Order” means the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3));
“child”, “managers” and “school” have the meaning given in the 1986 Order;
“the Department” means the Department of Education in Northern Ireland;
“specified” means specified in a temporary closure direction under this paragraph, or falling within a description specified in a temporary closure direction under this paragraph.
Editorial Information
X1The power conferred under this provision to make or revoke a direction may be exercised by means of a notice published in The Gazette