Search Legislation

Addressing Bullying in Schools Act (Northern Ireland) 2016

What Version

 Help about what version

Advanced Features

 Help about advanced features

Opening Options

 Help about opening options

Status:

This version of this Act contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Addressing Bullying in Schools Act (Northern Ireland) 2016. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Prospective

Definition of “bullying”N.I.

1—(1) In this Act “bullying” includes (but is not limited to) the repeated use of—

(a)any verbal, written or electronic communication,

(b)any other act, or

(c)any combination of those,

by a pupil or a group of pupils against another pupil or group of pupils, with the intention of causing physical or emotional harm to that pupil or group of pupils.

(2) For the purposes of subsection (1), “act” includes omission.

Prospective

Duty of Board of Governors to secure measures to prevent bullyingN.I.

2—(1) The Board of Governors of a grant-aided school must—

(a)ensure that policies designed to prevent bullying involving a registered pupil at the school are pursued at the school;

(b)determine the measures to be taken at the school (whether by the Board of Governors, the staff of the school or other persons) with a view to preventing bullying involving a registered pupil at the school—

(i)on the premises of the school during the school day;

(ii)while travelling to or from the school during the school term;

(iii)while the pupil is in the lawful control or charge of a member of the staff of the school; or

(iv)while the pupil is receiving educational provision arranged on behalf of the school and provided elsewhere than on the premises of the school;

(c)review those measures—

(i)at intervals of no more than 4 years; and

(ii)(without prejudice to sub-paragraph (i)) at such times as the Department may direct;

(d)before determining or revising those measures, consult (in such manner as appears to it to be appropriate) the principal and the registered pupils at the school and the parents of those pupils;

(e)in determining or reviewing those measures, have due regard to any guidance given by the Department;

(f)prepare a written statement of such measures and secure that—

(i)a copy of that statement is given or otherwise made available, free of charge and in such form as the Board of Governors considers appropriate, to the parents of all registered pupils at the school and to the staff of the school; and

(ii)copies of the statement are available for inspection at the school at all reasonable times, free of charge and in such form as the Board of Governors considers appropriate; and

(g)secure that such measures are taken.

(2) The Board of Governors of a grant-aided school may, to such extent as it thinks reasonable, consider measures to be taken at the school (whether by the Board of Governors, the staff of the school or other persons) with a view to preventing bullying involving a registered pupil at the school which—

(a)involves the use of electronic communication;

(b)takes place in circumstances other than those listed in subsection (1)(b); and

(c)is likely to have a detrimental effect on that pupil's education at the school.

(3) Directions under subsection (1)(c)(ii) may be given—

(a)in relation to grant-aided schools generally;

(b)in relation to a class or description of grant-aided school; or

(c)in relation to any particular grant-aided school or schools.

(4) In Article 3(3)(a)(ii) of the Education (Northern Ireland) Order 1998 (duty of the principal to determine measures) omit the words “and, in particular, preventing all forms of bullying among pupils”.

Prospective

Duty to keep a record of incidents of bullyingN.I.

3—(1) The Board of Governors of a grant-aided school must ensure that a record is kept of all incidents of bullying or alleged bullying involving a registered pupil at the school that occur—

(a)on the premises of the school during the school day;

(b)while travelling to or from the school during the school term;

(c)while the pupil is in the lawful control or charge of a member of the staff of the school; or

(d)while the pupil is receiving educational provision arranged on behalf of the school and provided elsewhere than on the premises of the school.

(2) A record under subsection (1) must—

(a)state what, from all of the circumstances, appears to be the motivation of the incident;

(b)state the methods of bullying, as defined by section 1; and

(c)include information about how the incident was addressed.

(3) For the purposes of subsection (2)(a), motivation may, for example, relate to—

(a)differences of religious belief, political opinion, racial group, age, sex, sexual orientation or marital status;

(b)differences between persons with a disability and persons without;

(c)differences between persons with dependants and persons without;

(d)differences between persons based on gender reassignment;

(e)differences between persons based on pregnancy.

(4) The Department may by order subject to negative resolution amend subsection (3).

(5) The Department may from time to time publish guidance as to how a Board of Governors is to comply with the duty to keep a record under this section; and in complying with the duty under this section a Board of Governors must have due regard to any guidance for the time being published under this subsection.

Prospective

InterpretationN.I.

4—(1) In this Act—

the Department” means the Department of Education;

“pupil”, when used without qualification, means a person of any age for whom education is provided under the Education Orders except a person for whom education is provided by a nursery school.

(2) Other words or expressions which are defined in Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 have the same meaning in this Act as in that Order.

Short title and commencementN.I.

5—(1) This Act may be cited as the Addressing Bullying in Schools Act (Northern Ireland) 2016.

(2) This section comes into operation on the day after this Act receives Royal Assent.

(3) The other provisions of this Act come into operation on such day or days as the Department may by order appoint.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources