Coronavirus Act 2020

Temporary continuity directions

15 (1) The Department may give a temporary continuity 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 continuity direction under this paragraph is a direction that requires the governing body of the relevant institution to which it applies to take steps specified in the direction in connection with the provision, for a specified period, of further or higher education or services relating to further or higher education.

(3) Before giving a temporary continuity direction under this paragraph—

(a) the Department 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) the Department must be satisfied that giving the direction is a necessary and proportionate action for or in connection with the continued provision of further or higher education or services relating to further or higher education for the specified period.

(4) A temporary continuity 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;

(b) require the institution to open, to stay open, to re-open, or to open at times when it would not usually be open;

(c) require the institution to allow specified persons to attend that institution for the purpose of receiving further or higher education or services relating to further or higher education provided by or on behalf of that institution;

(d) require the alteration of term dates, holiday dates or examination dates;

(e) require the institution to provide or make arrangements for the provision of further or higher education or services relating to further or higher education;

(f) make different provision for different purposes, or be framed by reference to whatever matters the Department considers appropriate;

(g) make such other provision as the Department considers appropriate in connection with the giving of a direction.

(5) Subject to sub-paragraph (6), the Department must publish a temporary continuity 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) The governing body of an institution to which a temporary continuity direction under this paragraph applies must have regard to any guidance given by the Department about how to comply with that direction.

(8) The duty of the governing body of an institution to comply with a temporary continuity direction under this paragraph is enforceable by the Department making an application to the High Court or a county court for an injunction.

(9) An application under sub-paragraph (8) may be made without notice being given to the governing body of the institution.

(10) In this paragraph—

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

• “governing body”, in relation to a higher education institution, has the same meaning as in Article 30 of the Education and Libraries (Northern Ireland) Order 1993 (S.I. 1993/2810 (N.I. 12)) (the “1993 Order”);

• “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 continuity direction under this paragraph, or falling within a description specified in a temporary continuity direction under this paragraph.