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Education (Northern Ireland) Order 1998

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Changes to legislation:

Education (Northern Ireland) Order 1998 is up to date with all changes known to be in force on or before 26 April 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

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  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II DISCIPLINE

    1. 3.Responsibility of Board of Governors and principal for discipline

    2. 4.Power of member of staff to restrain pupils

    3. 5.Detention of pupil outside school hours

    4. 6.Duty of board to prepare plan relating to children with behavioural difficulties

  4. PART III ASSESSMENT AND PUPILS' PERFORMANCE

    1. CHAPTER I BASELINE ASSESSMENTS

      1. 7.Introductory

      2. 8.Assessment of pupils in accordance with baseline assessment arrangements

      3. 9.Baseline assessment arrangements

    2. CHAPTER II ASSESSMENT ARRANGEMENTS AND PUPILS' PERFORMANCE

      1. Assessment arrangements

        1. 10.Assessment arrangements

      2. Pupils' performance

        1. 11.School performance targets

        2. 12.Provision of information on individual performance of pupils

  5. PART IV PERFORMANCE AND MANAGEMENT OF SCHOOLS

    1. 13.School development plans

    2. 14.Appointment of additional governors for school not providing acceptable standard of education

    3. 15.Contents of annual report

    4. 16.Limits on class sizes in foundation stage and key stage 1

  6. PART V PRE-SCHOOL EDUCATION

    1. CHAPTER I PROVISION OF PRE-SCHOOL EDUCATION

      1. 17.Plans for pre-school education

      2. 18.Grants in respect of pre-school education

      3. 19.Inspection of pre-school education

      4. 20.Nursery schools to be eligible for grant maintained integrated and controlled integrated status

      5. 21.Information as to funded pre-school education provided otherwise than in a grant-aided school

    2. CHAPTER II ADMISSION TO PRE-SCHOOL EDUCATION AT GRANT-AIDED SCHOOLS

      1. Introductory

        1. 22.Application and interpretation of this Chapter

        2. 23.Arrangements for admission to pre-school education at grant-aided schools

      2. Admission to full-time pre-school education

        1. 24.Duties of Board of Governors in relation to admission to full-time pre-school education

        2. 25.Determination of full-time enrolment number for a school

        3. 26.Admission decisions in relation to full-time pre-school education

        4. 27.Appeals against certain admission decisions under Article 26

      3. Admission to part-time pre-school education

        1. 28.Duties of Board of Governors in relation to admission to part-time pre-school education

        2. 29.Determination of part-time enrolment number for a school

        3. 30.Admission decisions in relation to part-time pre-school education

        4. 31.Appeals against certain admission decisions under Article 30

      4. General

        1. 32.Admission criteria

        2. 33.Information as to schools and admission arrangements

  7. PART VI TEACHERS

    1. CHAPTER I THE GENERAL TEACHING COUNCIL FOR NORTHERN IRELAND

      1. 34.The General Teaching Council for Northern Ireland

      2. 35.Registration of teachers

      3. 36.Regulations as to registration

      4. 37.Advisory functions of the Council

      5. 38.Additional and ancillary functions

      6. 39.Deduction of fees from salary of teachers

      7. 40.Supply of information relating to teachers

      8. 41.Interpretation of this Chapter

    2. CHAPTER II EMPLOYMENT OF TEACHERS

      1. 42.Eligibility for employment as principal of grant-aided school

      2. 43.Appointment of teachers

  8. PART VII FINANCING OF SCHOOLS

    1. CHAPTER I FINANCING OF SCHOOLS BY BOARDS

      1. Schemes for financing schools

        1. Arts. 44 - 54 rep. by 2003 NI 12

        2. 55.Suspension of financial delegation for mismanagement, etc.

        3. 56.Review of suspension

        4. 57.Appeal against suspension or refusal to revoke it

        5. 58.Financial delegation: staff

      2. Financing by boards of special schools

        1. 59.Application of the common funding scheme to special schools

        2. 60.Duty on board to make a sum of money available to Board of Governors of special school not covered by a scheme

      3. Financing by boards of voluntary grammar and grant-maintained integrated schools

        1. 61.Maintenance and other grants to voluntary grammar schools

        2. 62.Withdrawal of maintenance grants from voluntary grammar school

        3. 63.Maintenance and other grants to grant-maintained integrated schools

        4. 64.Withdrawal of maintenance grants from grant-maintained integrated school

      4. Information

        1. Arts. 65 and 66 rep. by 2003 NI 12

        2. 67.Financial statements in respect of special schools not covered by statements under Article 7 of the 2003 Order

        3. 67A.Interpretation of this Chapter

    2. CHAPTER II FINANCING OF SCHOOLS BY DEPARTMENT

      1. 68.Building and equipment grants for voluntary schools

      2. 69.Capital and special purpose grants for grant-maintained integrated schools

    3. CHAPTER III MISCELLANEOUS FINANCIAL PROVISIONS RELATING TO SCHOOLS

      1. 70.Duties of boards in relation to maintained schools

      2. 71.Payment of salaries, etc of teachers

      3. 72.Charges for educational facilities and services

  9. PART VIII THE NORTHERN IRELAND COUNCIL FOR THE CURRICULUM, EXAMINATIONS AND ASSESSMENT

    1. 73.The Northern Ireland Council for the Curriculum, Examinations and Assessment

    2. 74.Duty of the Council to conduct examinations and assessments

    3. 75.Functions of the Council in relation to accreditation and approval of certain external qualifications

    4. 76.Other functions of the Council in relation to the curriculum, examinations and assessment

    5. 77.Consultation by the Council

    6. 78.Ancillary functions of the Council

    7. 79.Discharge by the Council of its functions

    8. 80.Work programmes

  10. PART IX MISCELLANEOUS AND SUPPLEMENTARY

    1. Miscellaneous

      1. 81.Approval of courses leading to external qualifications

      2. 82.Work experience for school children

      3. 83.Provision of secondary education for pupils in key stage 4 by institutions of further education

      4. 84.Recovery of wasted examination fees

      5. 85.Statement of special educational needs

      6. 86.Exceptional provision of education

      7. 87.Pupil referral units

      8. 88.Power of boards to enter contracts for provision of assets or services

      9. 89.Irish-medium education

    2. Supplementary

      1. 90.Regulations and orders

      2. 91.Amendments, repeals and savings

  11. SCHEDULES

    1. SCHEDULE 1

      THE GENERAL TEACHING COUNCIL FOR NORTHERN IRELAND

      1. Constitution

        1. 1.(1) The Council shall be constituted in accordance with regulations. (2) Without prejudice to the...

      2. Status

        1. 2.(1) The Council shall not be regarded as the servant or agent of the Crown...

      3. Powers

        1. 3.(1) The Council may do anything which is calculated to facilitate, or is incidental or...

      4. Staff

        1. 4.The right of the Council under section 19(1)(a)(vi) of the Interpretation Act (Northern Ireland) 1954...

      5. The registrar

        1. 5.(1) The Council shall have a chief officer (known as “the registrar”) who shall be...

      6. Assessors

        1. 6.(1) The Department may appoint two assessors to the Council who shall be entitled to...

      7. Delegation of functions

        1. 7.(1) The Council may authorise the chairman, the registrar or any committee of the Council...

      8. Allowances to members

        1. 8.The Council may pay to any member of the Council or to any member of...

      9. Procedure

        1. 9.(1) The proceedings of the Council shall not be invalidated by any vacancy in the...

      10. Application of seal and proof of instruments

        1. 10.(1) The application of the seal of the Council shall be authenticated by the signature...

      11. Finance

        1. 11.The Department may make grants to the Council of such amounts and subject to such...

      12. Accounts and audit

        1. 12.(1) The Council shall keep, in such form as the Department may direct, accounts of...

      13. Annual report

        1. 13.(1) The Council shall, within such time after the end of each financial year as...

    2. SCHEDULE 2

      PROVISIONS RELATING TO THE STAFF OF CONTROLLED AND MAINTAINED SCHOOLS WITH DELEGATED BUDGETS

      1. Application of this Schedule

        1. 1.(1) Subject to sub-paragraph (2), this Schedule applies to a controlled or maintained school at...

      2. Determination of staff complement

        1. 2.Every school to which this Schedule for the time being applies shall have a complement...

      3. Discipline

        1. 3.(1) The regulation of conduct and discipline in relation to the staff of any school...

      4. Suspension

        1. 4.(1) In the case of any school to which this Schedule for the time being...

      5. Dismissal, etc.

        1. 5.(1) Where the Board of Governors of any school to which this Schedule for the...

        2. 6.(1) Subject to sub-paragraph (2), the employing authority shall not dismiss a person employed by...

      6. Payments in respect of dismissals, resignations, etc.

        1. 7.(1) Subject to sub-paragraph (2), it shall be for the Board of Governors of any...

      7. School meals staff

        1. 8.Nothing in paragraphs 2 to 7 shall apply in relation to a person employed to...

      8. Application of employment law

        1. 9.(1) The Department may by order make such modifications in any statutory provision relating to...

      9. Interpretation

        1. 10.(1) In this Schedule “employing authority” means— (a) in relation to teachers and other staff...

    3. SCHEDULE 3

      THE NORTHERN IRELAND COUNCIL FOR THE CURRICULUM, EXAMINATIONS AND ASSESSMENT

      1. Constitution and status

        1. 1.(1) The Council shall be a body corporate to which, subject to the following provisions...

        2. 2.(1) The Council shall consist of a chairman and not fewer than 9 or more...

      2. Qualifications of members and tenure of office

        1. 3.(1) A person shall hold and vacate office as a member or as chairman of...

      3. Committees

        1. 4.(1) The Council shall appoint a Finance Committee. (2) The Council may appoint such other...

      4. Procedure

        1. 5.The proceedings of the Council or of any committee or sub-committee shall not be invalidated...

        2. 6.Without prejudice to section 19(1)(a)(v) of the Interpretation Act (Northern Ireland) 1954, the Council shall...

        3. 7.The application of the seal of the Council shall be authenticated by the signatures of...

        4. 8.The power of the Council under section 19(1)(a)(iv) of the Interpretation Act (Northern Ireland) 1954...

      5. Staff

        1. 9.(1) The right of the Council under section 19(1)(a)(vi) of the Interpretation Act (Northern Ireland)...

      6. Allowances

        1. 10.The Council may pay to any member of the Council or to any member of...

      7. Power to form bodies corporate

        1. 11.The Council may, in the exercise of any of its functions, form bodies corporate, but...

      8. Finance

        1. 12.(1) The Department may pay to the Council grants equal to— (a) approved expenditure incurred...

      9. Accounts and audit

        1. 13.(1) The Council shall keep, in such form as the Department may direct, accounts of...

    4. SCHEDULE 4

      CERTIFIED CONTRACTS OF THE AUTHORITY

      1. Certified contracts assumed to be intra vires

        1. 1.(1) Where the Authority has entered into a contract, the contract shall, if it is...

      2. The certification requirements

        1. 2.(1) In this Schedule “the certification requirements”, in relation to a contract entered into by...

      3. Special provision for judicial review

        1. 3.(1) Paragraph 1(1) does not apply for the purposes of determining any question arising on...

      4. Relevant discharge terms

        1. 4.(1) No determination or order made in relation to a certified contract on an application...

      5. Absence of relevant discharge terms

        1. 5.(1) Sub-paragraph (2) applies where— (a) the result of a determination or order made by...

    5. Schedule 5—Amendments

    6. Schedule 6—Repeals

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