The Education and Libraries (Northern Ireland) Order 1986

Provision of residences by boards N.I.

89.—(1) A board may, with the approval of the Department, provide and maintain or maintain a house or other residence for—

(a) a teacher employed by [F1 the Authority] ;

(b) a caretaker, groundsman or other person employed by [F1 the Authority] in connection with a school or institution managed by [F1 the Authority] or a maintained school or any premises or property used by [F1 the Authority] for educational purposes or purposes connected therewith;

and for that purpose may erect a dwelling-house or other residence or acquire, and if necessary enlarge or improve, an existing dwelling-house or other residence.

(2) The trustees of a maintained school may, notwithstanding anything in any instrument of government of the school, lease part of the land used for the school to [F1 the Authority] for the purposes of paragraph (1)(b).

(3) Where [F1 the Authority] provides and maintains or maintains a house or residence under paragraph (1) [F1 the Authority] may charge the person occupying the house or residence such sums, if any, as the Department may approve.

(4) Where [F1 the Authority] provides and maintains or maintains a house or residence under paragraph (1), [F1 the Authority] may permit the house or residence to be occupied by any person when it is not required for a person mentioned in paragraph (1) and may charge the person occupying the house or residence such sums, if any, as the Department may approve.

(5) A board may,[F2 subject to paragraph (5A)], recover possession of any house or residence provided or maintained by it under the foregoing provisions of this Article and where the house or residence is vested in the Department may act on behalf of the Department in the recovery of such possession.

[F2 (5A) A board shall, before proceeding to recover possession of any house or residence provided and maintained or maintained as mentioned in paragraph (1)(a), give six months notice to the occupant.]

(6) Where [F1 the Authority] is entitled by virtue of paragraph (5) to recover possession of any premises, the following provisions shall have effect in relation to those premises—

(a) the [1978 NI 20] Rent (Northern Ireland) Order 1978 shall not apply;

(b) [F1 the Authority] may, notwithstanding any enactment or rule of law and without prejudice to any other method of recovery, proceed under Part VI of the [1981 NI 26] Magistrates' Courts (Northern Ireland) Order 1981 for the summary recovery of the premises and for the purposes of any such proceedings that Part shall have effect as if [F1 the Authority] were the owner of the premises and the teacher or other person in possession thereof was a person who had been put into such possession by permission of the owner as caretaker.

F1 Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 1(1)(a) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)

F2 1987 NI 2