The Education Reform(Northern Ireland) Order 1989

Miscellaneous

Regulations as to carrying on of institutions of further education

118.—(1) The Department may by regulations make provision as to the carrying on of institutions of further education.

(2) Without prejudice to the generality of paragraph (1), regulations under paragraph (1) may include provision—

(a) with respect to the curriculum and time-table to be followed in such institutions;

(b) enabling the Department to prohibit the use in such institutions of any book or other teaching material of which the Department does not approve;

(c) preventing the use of the premises of such institutions for such purposes as may be prescribed;

(d) with respect to the fees to be charged to persons attending such institutions;

(e) with respect to the keeping, disclosure and transfer of educational records about pupils at such institutions and the supply of copies of such records to such persons, and in such circumstances, as may be determined by or under the regulations.

(3) Regulations made under paragraph (1) by virtue of paragraph (2)(e) may authorise persons who in pursuance of the regulations supply copies of any such records as are there mentioned to charge such fee as they think fit (not exceeding the cost of supply) in respect of each copy so supplied.

(4) Regulations under paragraph (1) may enable the Department or a prescribed body or person to authorise such exceptions, grant such approvals and make such determinations for the purposes of the regulations as are specified therein.

Supply of goods and services through institutions of further education

119.—(1) The governing body of an institution of further education which has a delegated budget may—

(a) make available the facilities of the institution to any other institution, school, body or person and, subject to paragraphs (3) and (6), make charges for any facilities made available under this sub-paragraph;

(b) supply goods and services through the institution to any other institution, school, body or person and, subject to paragraphs (4) to (6), make charges for any goods and services supplied under this sub-paragraph.

(2) A board may—

(a) make available the facilities of an institution of further education under its management which does not have a delegated budget to any school, institution, body or person and, subject to paragraphs (3) and (6), make charges for any facilities made available under this sub-paragraph;

(b) supply goods and services through such an institution to any school, institution, body or person and, subject to paragraphs (4) to (6), make charges for any goods and services supplied under this sub-paragraph.

(3) Charges for facilities made available under paragraph (1)(a) or (2)(a)—

(a) shall not be made in such circumstances or for such facilities as may be prescribed;

(b) shall not for any prescribed facility exceed such amount as may be prescribed,

but shall otherwise be of such amounts and be made for such facilities as the body making the charges may determine.

(4) Charges for goods and services supplied under paragraph (1)(b) or (2)(b)—

(a) shall, subject to paragraph (5), not be less than the open market value of the goods and services supplied;

(b) shall otherwise be of such amounts as the body making the charges may determine.

(5) Paragraph (4)(a) does not apply where the goods are produced or the goods or services are supplied in the normal course of any educational activities.

(6) Nothing in paragraphs (1) to (5) authorises—

(a) the making of any charge which is prohibited or regulated by any provision of Chapter II of Part VIII;

(b) the carrying on through an institution of further education of any commercial activities which are detrimental to the provision of further or higher education at the institution.

(7) The articles of government of every institution of further education shall provide—

(a) for the use of the institution’s premises to be under the control of the governing body of the institution at all times except, in the case of an institution which does not have a delegated budget, to the extent necessary for the exercise by the board of its powers under paragraph (2); and

(b) for the governing body to exercise control subject to any direction given to it by the board.

(8) For the purposes of this Article—

(a) references to the facilities of an institution of further education are references to the equipment, premises or other property of that institution;

(b) educational activities are—

(i) the provision of further and higher education;

(ii) the carrying out of research;

(iii) any activity incidental or ancillary to any activity mentioned in head (i) or (ii);

(c) goods are supplied through an institution of further education if they are—

(i) produced in the course of its educational activities;

(ii) produced by the use of its facilities and the expertise of persons employed at it in the fields in which they are so employed; or

(iii) derived from ideas of a person employed at it, or of one of its students, arising out of its educational activities;

(d) services are supplied through an institution of further education if they are—

(i) provided by making available the expertise of persons employed at it in the fields in which they are so employed;

(ii) supplied in the course of its educational activities; or

(iii) derived from ideas such as are mentioned in sub-paragraph (c)(iii);

(e) the open market value of goods or services shall be taken to be the amount of the consideration in money that would be payable for the supply of those goods or services by a person standing in no such relationship with any person as would affect that consideration.