The Education Reform(Northern Ireland) Order 1989

The Education and Libraries (Northern Ireland)Order 1986 (NI 3)

In each of the following provisions for “this Order” substitute “the Education Orders”—

• Article 2(1), in the last two places where they occur;

• Article 2(2), in the definitions of “grant-aided” and “pupil”;

• Article 3(1);

• Article 7;

• Article 12(1);

• Article 44;

• Article 47;

• Article 48(1);

• Article 62(1);

• Article 92(2)(a) and (b);

• Article 99;

• Article 103(1) and (2);

• Article 105(1) and (4);

• Article 106(2) and (6);

• Article 108;

• Article 109;

• Article 111(1) and (2);

• Article 113(1);

• Article 128;

• Article 129(1) and (2);

• Article 130(1).

• In Article 2(2), at the appropriate places in alphabetical order, insert the following definitions—

  ““Catholic maintained school” has the meaning assigned to it by Article 141(3) of the 1989 Order;

  “the Education Orders” means this Order and the 1989 Order;

  “grant-maintained integrated school” has the meaning assigned to it by Article 65(3) of the 1989 Order;

  “modifications” includes additions, alterations and omissions;

  “part-time senior education” has the meaning assigned to it by Article 100(5) of the 1989 Order;

  “post-school age education” has the meaning assigned to it by Article 100(5) of the 1989 Order;

  “scheme of management” has the meaning assigned to it by Article 9A(1);

  “the 1989 Order” means the Education Reform (Northern Ireland) Order 1989;”.

• In Article 2(2) for the definitions of “controlled integrated school” and “grammar school” substitute, respectively—

  ““controlled integrated school” means a school which has become, or has been established as, a controlled integrated school in accordance with Articles 90 to 92 of the 1989 Order;

  “grammar school” means a secondary school which—

  (a)

  immediately before the coming into operation of Article 128 of the 1989 Order was a school in which fees were charged or could have been charged in respect of pupils admitted to the school, or a school which replaces such a school or schools; or

  (b)

  is established after the coming into operation of that Article and is designated by the Department as a grammar school;”.

• In Article 2(2)—

  (a)

  in the definition of “contributory school” for “intermediate school” wherever it occurs substitute “secondary school”;

  (b)

  in the definition of “further education” for “Article 5(c)” substitute “Article 100 of the 1989 Order”;

  (c)

  in the definition of “managers” after sub-paragraph (c) insert—

  “(cc) in relation to a grant-maintained integrated school, the Board of Governors of the school;”;

  (d)

  in the definition of “nursery school” for “the age of five years” substitute “the lower limit of compulsory school age”;

  (e)

  in the definition of “supply teacher” at the end add “or, in relation to a teacher employed by the Council for Catholic Maintained Schools, by Article 143(1)(b) of the 1989 Order”;

  (f)

  in the definition of “technical intermediate school” for “intermediate” where it twice occurs substitute “secondary”;

  (g)

  in the definition of “trustees” after “voluntary” insert “or grant-maintained integrated”;

  (h)

  in the definition of “voluntary school” at the end add “or a grant-maintained integrated school”.

• In Article 2 after paragraph (2) insert—

  “(2A) For the purposes of the Education Orders, an institution which provides part-time senior education or post-school age education shall be regarded as providing such education to a significant extent if the provision of such education by the institution is not merely incidental to the provision of education which is not part-time senior education or post-school age education.

  (2B) For the purpose of determining whether an institution is a school as defined by paragraph (2), the provision by the institution of part-time senior education or post-school age education shall be disregarded if the institution does not provide such education to a significant extent.

  (2C) If in the case of any institution a question arises as to whether any current or proposed provision of part-time senior education or post-school age education by that institution amounts or would amount to the provision of such education to a significant extent, that question shall be determined by the Department.”.

• In Article 3(4) for “Article 106” substitute “Articles 83 and 106”.

• In Article 4(4) after “purposes” insert “of the committee”.

• In Article 4(6) for “paragraph (5) or Article 10 or 28” substitute “a scheme under Article 153 of the 1989 Order”.

• In Article 5 for paragraphs (a), (b) and (c) substitute—

  “(a) primary education;

  (b) secondary education; and

  (c) further education;”,

  and for “mental” substitute “cultural, intellectual”.

• In Article 6 after paragraph (1) insert—

  “(1A) In fulfilling its duty under this Article to secure that there are available in its area sufficient schools for providing secondary education a board shall have regard to any facilities for full time education which are—

  (a) provided for senior pupils in an institution of further education; and

  (b) available for use by such pupils living in its area.”.

• In Article 8 for paragraph (2) substitute—

  “(2) A board shall, in relation to a voluntary school which is not a maintained school or a voluntary grammar school, be responsible for meeting the cost of—

  (a) the salaries and allowances of teachers employed on the staff of the school; and

  (b) employers' superannuation contributions in respect of such teachers,

  and shall also—

  (i) pay to the managers of such a school contributions amounting to sixty-five per cent. of the amount of the expenditure incurred or to be incurred by them in the payment of secondary Class 1 contributions under the Social Security (Northern Ireland) Act 1975 in respect of teachers employed on the staff of the school; and

  (ii) subject to and in accordance with regulations, pay to the managers of such a school contributions amounting to sixty-five per cent. of the approved net expenditure on the lighting, heating, cleaning and internal and external maintenance of the school premises and the maintenance of equipment of the school.”.

• Renumber Article 9 as paragraph (1) of that Article and after that paragraph add—

  “(2) A board, with the approval of the Department, may give financial or other assistance to the Board of Governors of a grant-maintained integrated school on such terms and conditions as may be arranged between the board and the Board of Governors of the school.”.

• In Article 10 for paragraphs (1) to (3) substitute—

  “(1) Subject to paragraph (2), a board shall make provision by means of a Board of Governors to be appointed by the board for the management of each controlled school under its management, other than a technical secondary school.

  (2) Two or more controlled primary schools, other than controlled integrated primary schools or nursery schools, under the management of a board may, if the board so determines and the Department approves, be grouped under one Board of Governors.

  (3) The scheme of management for a controlled school—

  (a) shall, in so far as it relates to the membership of the Board of Governors of the school, comply with the provisions of Schedule 4;

  (b) may provide for the carrying out by the Board of Governors in relation to the school of specified functions on behalf of, and in the name of, the board.”.

• In Article 10 for paragraph (5) substitute—

  “(5) Without prejudice to the generality of paragraph (3)(b), the scheme of management for a controlled school shall provide for the functions of the Board of Governors in relation to the appointment of teachers under a scheme under Article 153 of the 1989 Order and the appointment of other staff under Article 88 of this Order to be carried out on behalf of, and in the name of, the board.”.

• In Article 11(1) for “paragraph 1(2)” substitute “paragraph 1(5)”.

• In Article 12(2)(a) for “(5)(c) or (d)” substitute “5(1)(c) or (d)”.

• In Article 13(1) for “constituted under this Order” substitute “of a grant-aided school”.

• In Article 13(2) for “under this Order members of a Board of Governors” substitute “members of the Board of Governors of a grant-aided school” and after “yet” insert “been”.

• In Article 13(4) and (5) after “more than one” insert “grant-aided”.

• In Article 13(6) after “the principal of a” insert “grant-aided”.

• In Article 13 at the end add—

  “(7) Any question as to the right of any person to be, or to appoint or nominate, a member of the Board of Governors of a grant-aided school shall be decided by the Department whose decision shall be final.”.

• In Article 14(1)(a) and (3)(a) at the end add “, other than a controlled integrated school”.

• In Article 14(1)(b) for “grant-aided” substitute “controlled school, other than a controlled integrated”.

• In Article 14(2)(b) for “grant-aided” substitute “voluntary”.

• In Article 15(1) for “grant-aided” substitute “controlled or voluntary”.

• In Article 15(3) for “or recognition of a school under voluntary management as a grant-aided school” substitute “of a new voluntary school or the recognition of an existing school as a voluntary school”.

• In Article 15(4) for “grant-aided” substitute “controlled or voluntary”.

• In Article 17A(2)(c) after “day” insert “, school term”.

• In Article 17A(3) after “the Department” insert “or a prescribed body or person”.

• In Article 18(1) after “controlled school” insert “, the Board of Governors of a grant-maintained integrated school”.

• In Article 21(1) for “controlled and voluntary” substitute “grant-aided”.

• In Article 21(2) after “controlled school” insert “, other than a controlled integrated school,”.

• In Article 21(3) for the words “In a voluntary school” substitute

  “Subject to paragraph (3A), in—

  (a) a controlled integrated school;

  (b) a voluntary school;

  (c) a grant-maintained integrated school.”

• In Article 21(7) for “controlled or voluntary” substitute “grant-aided”.

• In Article 21(9) for “controlled and voluntary” substitute “grant-aided”.

• In Article 22(1) after “other than” insert “a controlled integrated school or”.

• In Articles 23(2) and 32(3) after “voluntary” insert “or grant-maintained integrated”.

• In Article 33(2)(c) for “five” substitute “four”.

• In Article 49 after paragraph (2) insert—

  “(2A) The Board of Governors of a grant-maintained integrated school shall prepare a scheme specifying the procedure to be followed in relation to the suspension or expulsion of pupils from the school.”.

• In Article 49(3) for “paragraph (1) or (2)” substitute “this Article”.

• In Article 58(1)(a) after “voluntary grammar schools” insert “and grant-maintained integrated schools”.

• In Article 58(5), (6) and (7) after “voluntary grammar school” insert “and the Board of Governors of a grant-maintained integrated school”.

• In Article 58 at the end add—

  “(8) Where a school has a delegated budget under Part V of the 1989 Order and an allowance is made for expenditure on, or in connection with, the provision of milk, meals or other refreshment in determining the school’s budget share under that Part—

  (a) paragraph (1) shall not apply in relation to pupils in attendance at the school; but

  (b) paragraphs (5), (6) and (7) and Article 59 (except paragraph (4)) shall apply to the school as those provisions apply to a voluntary grammar school.”.

• In Article 59(2) and (4) for the words from the beginning to “grammar school” substitute “A board, the trustees or Board of Governors of a voluntary grammar school and the Board of Governors of a grant-maintained integrated school”.

• In Article 59(3) for the words from “direct that” to the end substitute

  “direct—

  (a) that paragraph (1) of Article 58 shall not apply to a board;

  (b) that paragraph (5) of Article 58 shall not apply to the trustees or Board of Governors of a voluntary grammar school or to the Board of Governors of a grant-maintained integrated school.”.

• In Article 63(2)(a) and (b) after “beginning on” and “ending on” insert “(and including)”.

• In Article 65 at the end add—

  “(3) The number of peripatetic teachers employed by a board and the purposes for which they are employed shall be in accordance with arrangements made by the board and approved by the Department and a board shall not employ such teachers otherwise than in accordance with arrangements so made and approved.

  (4) Peripatetic and supply teachers employed by a board may, with the approval of the board, work in a voluntary school or a grant-maintained integrated school if so requested by the managers of that school.”.

• For Article 69 substitute—

  “Salaries, etc. of teachers

  69.— (1) The Department shall prescribe the rates of salaries which, except as provided by regulations under paragraph (3), are to be paid to—

  (a) teachers employed in grant-aided schools;

  (b) teachers employed in institutions of further education;

  (c) teachers employed in colleges of education;

  (d) supply teachers; and

  (e) peripatetic teachers.

  (2) Regulations under paragraph (1) may make provision—

  (a) for such allowances in addition to salary as are specified in the regulations;

  (b) for salaries and allowances to be calculated in such cases as the Department thinks proper by reference to a determination of the Department (however expressed).

  (3) The Department may by regulations provide that, in prescribed circumstances and subject to prescribed conditions—

  (a) the rates of salaries which are to be paid to teachers mentioned in paragraph (1) of a prescribed class or description;

  (b) prescribed allowances in addition to salary to be paid to teachers so mentioned of a prescribed class or description;

  shall be such as may be determined by a prescribed body or person.

  (4) Where any question arises as to the rate of salary or allowance to be paid under this Article to a teacher—

  (a) where that rate of salary or allowance falls in accordance with regulations under paragraph (3) to be determined by a body or person prescribed by those regulations, the decision of that body or person shall, except on a question of law, be final;

  (b) in any other case, the decision of the Department shall, except on a question of law, be final.

  (5) Before making any regulations under paragraph (3), the Department shall consult—

  (a) such representatives of employing authorities and such representatives of teachers as appear to it to be concerned; and

  (b) any other person with whom consultation appears to it to be desirable.

  (6) In paragraph (5) “employing authority” means—

  (a) in relation to teachers employed in controlled schools and institutions of further education, the board by which they are employed;

  (b) in relation to teachers (including supply teachers) employed by the Council for Catholic Maintained Schools, that Council;

  (c) in relation to teachers employed in a voluntary school (other than a Catholic maintained school), the managers of that school;

  (d) in relation to teachers employed in a grant-maintained integrated school, the Board of Governors of the school;

  (e) in relation to teachers employed in a college of education, the managers of that college;

  (f) in relation to peripatetic teachers, the board by which they are employed;

  (g) in relation to supply teachers (other than those mentioned in sub-paragraph (b)), the board by which they are employed.

  Payment of salaries, etc. of teachers

  69A.— (1) Except where regulations otherwise provide, the Department shall pay—

  (a) the salaries and allowances (if any) of—

  (i) teachers employed by the Board of Governors of a voluntary grammar school;

  (ii) teachers employed by the Board of Governors of a grant-maintained integrated school; and

  (b) secondary Class 1 contributions under the Social Security (Northern Ireland) Act 1975 and employers' superannuation contributions in respect of such teachers.

  (2) Except where regulations otherwise provide, the Department shall, on behalf of a board, issue payment of—

  (a) the salaries and allowances (if any) of—

  (i) teachers employed by the board;

  (ii) teachers employed on the staff of a maintained school maintained by the board;

  (iii) relevant supply teachers employed by the Council for Catholic Maintained Schools;

  (b) secondary Class 1 contributions under the Social Security (Northern Ireland) Act 1975 and employers' superannuation contributions in respect of such teachers.

  (3) In paragraph (2)(a)(iii) “relevant supply teachers” has the meaning assigned to it by Article 59(4) of the 1989 Order.

  (4) Except where regulations otherwise provide, the Department shall, on behalf of a board, issue payment of—

  (a) the salaries and allowances (if any) of teachers employed on the staff of a voluntary school, other than a maintained school or voluntary grammar school; and

  (b) employers' superannuation contributions in respect of such teachers.”.

• For Article 72 substitute—

  “Redundancy payments to teachers in certain voluntary schools and in grant-maintained integrated schools

  72.— (1) Where the managers of a voluntary school, other than a voluntary grammar school or a maintained school, have made a redundancy payment under the 1965 Act to a teacher who has been employed by them, the board for the area in which the school is situated may pay to those managers a sum equal to sixty-five per cent. of the sum paid by the managers as a redundancy payment less the amount of any rebate in respect of the payment which the managers are entitled to under that Act.

  (2) Where the Board of Governors of a grant-maintained integrated school has made a redundancy payment under the 1965 Act to a teacher who has been employed by it, the Department may pay to the Board of Governors a sum equal to the amount of the sum paid by the Board of Governors less the amount of any rebate in respect of the payment which the Board of Governors is entitled to under that Act.

  (3) The duty of a board under Article 59(1)(d) of the 1989 Order to meet the cost of a redundancy payment in respect of a teacher ceasing to be employed on the staff of a maintained school is a duty to pay to—

  (a) the Council for Catholic Maintained Schools, where the teacher was employed on the staff of a Catholic maintained school;

  (b) the Board of Governors of the school, in any other case,

  a sum equal to the amount of the redundancy payment less the amount of any rebate in respect of the payment which the Council or Board of Governors is entitled to under that Act.

  (4) The duty of a board under Article 59(2)(c) to meet the cost of a redundancy payment in respect of a supply teacher ceasing to be employed by the Council for Catholic Maintained Schools is a duty to pay to that Council a sum equal to the amount of the redundancy payment less the amount of any rebate in respect of the payment which the Council is entitled to under that Act.

  (5) In this Article “the 1965 Act” means the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965(1) and “redundancy payment” and “rebate” have the same meanings as in that Act.”.

• In Article 79(2) after “members of ” insert “, or of a committee of,” and for “management committee” substitute “governing body”.

• In Article 83(1)(a) and (2) for “chief officer” substitute “chief executive”.

• In Article 88(1) for the words “, other than teachers or persons employed in connection with the school meals service, required in or about” substitute “to which this paragraph applies for”.

• In Article 88 after paragraph (1) insert—

  “(1A) Paragraph (1) applies to all staff required in or about a controlled or maintained school, except—

  (a) teachers;

  (b) in the case of a school to which paragraph (1B) applies, persons employed in connection with the provision of a schools meals service.

  (1B) This paragraph applies to a school which—

  (a) does not have a delegated budget under Part V of the 1989 Order; or

  (b) has such a budget, but no allowance is made for expenditure on or in connection with the provision of a school meals service in determining the school’s budget share under that Part.”.

• In Article 88(6) for the words from “not” to the end substitute “be carried out on behalf of, and in the name of, the board”.

• In Article 88A(3) after “managers of” insert “a grant-maintained integrated school or of”.

• In Article 92 for paragraph (1) substitute—

  “(1) A board may, in connection with the exercise of any of its functions under the Education Orders, either alone or together with any other board or person,—

  (a) carry out, or commission, or assist in any way, the carrying out by any other body or person of, any programme of research and development;

  (b) carry out any project appearing to the board to be associated with the provision of educational or library services or recreational, social, cultural, physical or youth service activities or services ancillary to education.

  (1A) A board shall—

  (a) notify the Northern Ireland Curriculum Council of its intention to exercise any of its powers under paragraph (1) in relation to any matter concerned with the curriculum for grant-aided schools;

  (b) provide the Council with such reports in connection with the exercise of that power as the Council may reasonably request.”.

• In Article 94(7) for “chief officer” substitute “chief executive”.

• In Article 103(1) after “institution” insert “and the Council for Catholic Maintained Schools”.

• In Article 103(2) after “school” insert “and the governing body of every institution of further education”.

• In Article 116(1) for sub-paragraph (b) substitute—

  “(b) incurred for the provision of equipment for a voluntary school other than a maintained school or a voluntary grammar school, a sum equal to sixty-five per cent. of that expenditure;

  (c) incurred for the provision of equipment provided in connection with the provision or alteration of the premises of a voluntary grammar school, a sum equal to—

  (i) eighty-five per cent. of that expenditure where, when the expenditure is incurred, the trustees or Board of Governors of the school have entered into an agreement with the Department under Schedule 6;

  (ii) sixty-five per cent. of that expenditure in any other case.”.

• In Articles 130(1) and (2) and 131(a) and paragraphs 7 and 11 of Schedule 2 for “chief officer” substitute “chief executive”.

• The following head, namely—

  “persons co-opted under Articles 122 and 139 of the 1989 Order who shall be entitled to attend and take part in meetings of the Board of Governors but not to vote on any question.”,

  shall be inserted—

  (a)

  in Schedule 4 to the principal Order, in paragraph 1(1) as head (c);

  (b)

  in Schedule 5 to the principal Order, in paragraph 2(2) as head (c);

  (c)

  in Schedule 6 to the principal Order, in paragraph 3(1) as head (c);

  (d)

  in Schedule 7 to the principal Order, in paragraph 2(1) as head (e);

  (e)

  in Schedule 8 to the principal Order, in paragraph 2(1) as head (c).

• In Schedule 4 for paragraph 3(1) and the cross-heading immediately before it substitute—

  “Controlled secondary schools (other than controlled grammar or integrated schools or technical secondary schools)

  3.— (1) There shall be 9, 16 or 24 voting members appointed to the Board of Governors of a controlled secondary school, other than a controlled grammar or integrated school or a technical secondary school.”.

• In Schedule 4, in paragraph 3(2)(a) for “the transferors and superseded managers of the contributory schools” substitute “transferors and superseded managers”.

• In Schedule 5, in paragraph 2(3)(a)(ii) after “scheme” insert “of management”.

• In Schedule 6, in paragraph 3(2)(a) for “approved under Article 11(2)” substitute “of management”.

• In Schedule 7, in paragraph 2(1)(a) for “approved under Article 11(2)” substitute “of management”.

• In Schedule 8, in paragraph 1 for “under Article 11(2)” substitute “of management”.

• In Schedule 13, in paragraphs 1(5) and 2(3) after “voluntary school” insert “or grant-maintained integrated school”.

• In Schedule 15, in paragraph 2(1)(c) and (e) for “chief officers” substitute “chief executives”.

• In Schedule 16, in paragraph 1 of Part II for “chief officer” substitute “chief executive”.

(1)

S.R. & O. (N.I.) 1973 No. 439