88.—(1) Where it is necessary to appoint staff[F1 to which this paragraph applies for] a controlled school or a maintained school, the board which manages the controlled school or, as the case may be, is responsible for the maintenance of the maintained school shall furnish to the Board of Governors of the school the names of all applicants for appointment whom the board considers to be qualified and the Board of Governors may select from the names so furnished to it the person or, where more than one person is to be appointed, the requisite number of persons whom it recommends for appointment and shall inform the board of the name or names of the person or persons so selected.
[F1(1A) Paragraph (1) applies to all staff required[F2 by a board] 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[F3Part VII of the Education (Northern Ireland) Order 1998]; 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.]
(2) Where a Board of Governors informs the board of the name of the person or, as the case may be, the names of the requisite number of persons whom it has selected under paragraph (1), the board shall appoint that person or those persons.
(3) Where a Board of Governors to whom names of applicants are furnished under paragraph (1) fails within a reasonable time to inform the board of the name of the person or, as the case may be, the names of the requisite number of persons whom it recommends for appointment, the board may either—
(a)seek further applications and comply again with paragraph (1); or
(b)with the approval of the Department, appoint one or, as the case may be, the requisite number of persons from the qualified applicants.
(4) This Article shall not apply where, after consultation with the Board of Governors, the board is of opinion that a service or services for the internal or external maintenance of the premises of the school can best be provided—
(a)by a person or group of persons employed by the board to perform that service or those services in a number of schools which are not all under the management of the same Board of Governors;
(b) by the placing by the board of a contract, in accordance with its regular procedure for placing contracts, for the doing of anything relating to its functions in relation to a controlled school or a maintained school which is of a nature ordinarily done by employing a contractor.
(5) A Board of Governors aggrieved by any action of a board under paragraph (4) may refer the matter to the Department for determination.
(6) The functions of a Board of Governors under this Article shall[F1 be carried out on behalf of, and in the name of, the board].
F3Words in art. 88(1B)(a) substituted (31.5.2009) by Education (Northern Ireland) Order 1998 (S.I. 1998/1759 (N.I. 13)), arts. 1(3)(g), 91(1), Sch. 5 Pt. II; S.R. 2009/183, art. 3(d)