Coronavirus Act 2020

Institutions of further and higher education

15 (1) The Department may give a temporary closure direction that applies to—

(a) one or more named relevant institutions in Northern Ireland;

(b) all relevant institutions in Northern Ireland (or any part of Northern Ireland);

(c) relevant institutions 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 requires the governing body of a relevant institution to which it applies to take reasonable steps to secure that persons do not, for a specified period, attend premises of the institution for purposes connected with the institution.

(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 relevant institution 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) include 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 governing body of an institution 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 a governing body of an institution to comply with a temporary closure direction under this paragraph is enforceable against that body 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 governing body of the institution.

(11) In this paragraph—

• “the 1993 Order” means the Education and Libraries (Northern Ireland) Order 1993 (S.I. 1993/2810 (N.I. 12));

• “the Department” means the Department for the Economy in Northern Ireland;

• “appropriate person”, in relation to a relevant institution, means—

  (a)

  an individual whose name is provided by the institution to the Department for the purposes of this paragraph;

  (b)

  if no individual is named under paragraph (a)—

  (i)

  in the case of a further education institution or a college of education, the principal;

  (ii)

  in the case of a university, the vice-chancellor;

  (iii)

  in the case of the Open University, the Director;

• “governing body”, in relation to a higher education institution, has the same meaning as in Article 30 of the 1993 Order;

• “premises”, in relation to a relevant institution, means any premises which are regularly attended by persons in order to receive services provided by the institution;

• “relevant institution” means—

  (a)

  a further education institution recognised by the Department under Article 8 of the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)), or

  (b)

  a higher education institution within the meaning of Article 30 of the 1993 Order;

• “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.