The Education Reform(Northern Ireland) Order 1989

Application of Articles 128 to 131

127.—(1) Subject to paragraphs (2) to (5), Articles 128 to 131 apply to all grant-aided schools.

(2) Those Articles do not apply to a voluntary grammar school if, on the appointed day, there is no agreement in force under Schedule 6 to the principal Order between the trustees or Board of Governors of the school and the Department.

(3) The application of those Articles to a voluntary grammar school other than a school mentioned in paragraph (2) is subject to Article 132.

(4) Those Articles to not apply to a grammar school in relation to an excepted pupil, that is to say—

(a) any pupil who is not resident in Northern Ireland;

(b) any pupil whose parents are not nationals of a member State;

(c) in the case of a grammar school having a preparatory department, any pupil in that department of the school;

(d) any pupil who—

(i) was admitted to the grammar school or, in the case of a grammar school having a preparatory department, admitted to the secondary department of the grammar school before the appointed day; and

(ii) on that day was not a non-fee-paying pupil, as defined by regulation 5 of the Grammar School Pupils (Admissions, Grants and Allowances) Regulations (Northern Ireland) 1978(1).

(5) The board for the area in which a grammar school is situated may, in accordance with arrangements approved by the Department, direct that a pupil registered at the school who is an excepted pupil solely by reason of falling within paragraph (4)(d) shall cease to be an excepted pupil; and, accordingly, Articles 128 to 131 shall apply in relation to any pupil in respect of whom such a direction is given.

(6) In paragraph (4)(b) “national”, in relation to a member State, means the same as in the Community Treaties, but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services.

(1)

1954 c. 33 (N.I.)