128. In Article 2 (interpretation)—
(a)in paragraph (2), for the definition of “parent” substitute the following definition—
““parent” shall be construed subject to paragraphs (2D) to (2F);”;
(b)after paragraph (2C) insert the following paragraphs—
“(2D) In the Education Orders “parent”, in relation to a child or young person, includes any person—
(a)who is not a parent of his but who has parental responsibility for him, or
(b)who has care of him,
except for the purposes of the provisions specified in paragraph (2E) where it only includes such a person if he is an individual.
(2E) The provisions referred to in paragraph (2D) are—
(a)Article 13 and Schedules 4 to 8;
(b)Articles 69, 70 and 126 of, and Schedule 5 to, the 1989 Order.
(2F) For the purposes of paragraph (2D)—
(a)“parental responsibility” has the same meaning as in the Children (Northern Ireland) Order 1995; and
(b)in determining whether an individual has care of a child or young person any absence of the child or young person at a hospital or boarding school and any other temporary absence shall be disregarded.”.
129. In Article 39(1) (complaints), after sub-paragraph (d) insert the following sub-paragraph—
“(e)that there has been a failure, in relation to a child provided with accommodation by the school, to comply with the duty imposed by Article 176 of the Children (Northern Ireland) Order 1995 (welfare of children accommodated in schools);”.
130. In paragraph 5 of Schedule 13—
(a)for sub-paragraph (1) (duty to institute proceedings under paragraph 4(1)) substitute the following sub-paragraph—
“(1) Before instituting proceedings against a parent for an offence under paragraph 4(1) a board shall consider whether it would be appropriate, instead of or as well as instituting the proceedings, to apply for an education supervision order with respect to the child.”;
(b)in sub-paragraph (3) (power to bring child before juvenile court to secure efficient full-time education), for “bring the child before a juvenile court” substitute “apply for an education supervision order”;
(c)after that sub-paragraph add the following sub-paragraph—
“(4) In this Schedule “education supervision order” means an education supervision order under the Children (Northern Ireland) Order 1995.”.
131. For paragraph 6 of Schedule 13 substitute the following paragraph—
“6.—(1) The court before which a prosecution is brought for an offence under paragraph 4 may direct the board to apply for an education supervision order unless the board, having consulted the appropriate authority, decides that the child’s welfare will be satisfactorily safeguarded even though no education supervision order is made.
(2) Where, following such a direction, the board decides not to apply for an education supervision order, the board shall inform the court of its reasons for the decision.
(3) Unless the court directs otherwise, the board shall so inform the court within eight weeks from the date on which the direction was given.
(4) Where—
(a)a board applies for an education supervision order with respect to a child who is the subject of a school attendance order; and
(b)the court decides that Article 55(2) of the Children (Northern Ireland) Order 1995 prevents it from making the order,
the court may direct that the school attendance order shall cease to have effect.
(5) In sub-paragraph (1) “the appropriate authority” means the appropriate authority within the meaning of paragraph 9 of Schedule 4 to the Children (Northern Ireland) Order 1995.”.