SCHEDULE 17Temporary continuity directions etc: education, training and childcare
PART 3Northern Ireland
Temporary continuity directions
X114
(1)
The Department may give a temporary continuity direction that applies to—
(a)
the Education Authority;
(b)
one or more named schools in Northern Ireland;
(c)
all schools in Northern Ireland (or any part of Northern Ireland);
(d)
schools 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 Education Authority, or the managers of the school or schools to which it applies, to take steps specified in the direction in connection with the provision, for a specified period, of education or services relating to 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 education or services relating to 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)
in the case of a school, require the school to open, to stay open, to re-open, or to open at times when it would not usually be open;
(c)
in the case of a school, require the school to allow specified pupils to attend that school for the purpose of receiving education or services relating to education provided by or on behalf of that school;
(d)
in the case of a school, require the alteration of term dates, holiday dates or examination dates;
(e)
in the case of a school, require the school to provide or make arrangements for the provision of education or services relating to education;
(f)
make different provision for different purposes, or be framed by reference to whatever matters the Department considers appropriate;
(g)
make transitional, transitory or saving provision;
(h)
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 Education Authority, or (as the case may be) the managers of a school or schools 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 such a direction.
(8)
The duty of the Education Authority or the managers of a school 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 Education Authority or (as the case may be) the managers of the school.
(10)
Where a temporary continuity direction under this paragraph applies to a school, there is no breach of the following provisions to the extent that a breach is attributable to the direction—
(a)
regulations 14 and 15 of the Primary Schools Regulations and regulations 11 and 12 of the Secondary Schools Regulations (terms and days of operation of school and dates of school holidays, etc);
(b)
regulation 18 of the Primary Schools Regulations (child who is not a registered pupil at a school not permitted to attend the school).
(11)
In this paragraph—
“child”, “managers” and “school” have the meaning given in the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3));
“the Department” means the Department of Education in Northern Ireland;
“the Education Authority” means the Authority established by section 1(1) of the Education Act (Northern Ireland) 2014 (c. 12 (N.I.));
“the Primary Schools Regulations” means the Primary Schools (General) Regulations (Northern Ireland) 1973 (S.R. & O. (N.I.) 1973 No. 402);
“the Secondary Schools Regulations” means the Secondary Schools (Grant Conditions) Regulations (Northern Ireland) 1973 (S.R. & O. (N.I.) 1973 No. 403);
“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.
X215
(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.
X316
(1)
The Department may give a temporary continuity direction that applies to—
(a)
one or more named persons registered under Article 118 of the 1995 Order (child minders and those who provide day care);
(b)
all persons registered under that Article in Northern Ireland (or any part of Northern Ireland);
(c)
persons registered under that Article of a particular description in Northern Ireland (or any part of Northern Ireland).
(2)
A temporary continuity direction under this paragraph is a direction that requires any person to whom it applies to take steps specified in the direction in connection with the provision, for a specified period, of child minding or day care or services relating to child minding or day care.
(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 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 child minding or day care or services relating to child minding or day care 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 a person registered under Article 118 of the 1995 Order to provide services, to continue to provide services, to provide services again or to provide services when the person would not usually do so.
(5)
The references in sub-paragraph (4)(b) to providing services are to the provision of child minding or day care.
(6)
Subject to sub-paragraph (7), the Department must publish a temporary continuity direction under this paragraph.
(7)
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.
(8)
A person to whom 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.
(9)
The duty of a person registered under Article 118 of the 1995 Order 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.
(10)
An application under sub-paragraph (9) may be made without notice being given to the registered person.
(11)
In this paragraph—
“the 1995 Order” means the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2));
“child minding” and “day care” have the same meaning as in the 1995 Order;
“the Department” means the Department of Health in Northern Ireland;
“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.