1.—(1) This Order may be cited as the Education (Northern Ireland) Order 1986.
(2) This Order shall come into operation on 1st April 1987.
2.—(1) The Interpretation Act (Northern Ireland) [1954 c. 33 (N.I.)] 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order “the principal Order” means the Education and Libraries (Northern Ireland) Order [1986 NI 3] 1986 and any expression to which a meaning is assigned by that Order has the same meaning in this Order as in that Order.
3.—(1) On 1st April 1987 the following statutory provisions shall cease to have effect, namely—
(a)Article 35 of, and Schedule 12 to, the principal Order (duty of board to determine what children in its area are suffering from a disability of mind of such a nature or to such an extent as to make them unsuitable for education at school and to give notification of such children to health and social services board); and
(b)sections 8, 10 and 11 of the Mental Health Act (Northern Ireland) [1961 c. 15 (N.I.)] 1961 (powers of health and social services board in relation to supervision and training of children requiring special care).
(2) In Article 133 of the principal Order for paragraph (2) (application of Order to persons suffering from mental disorder or detained in pursuance of court order) there shall be substituted the following paragraph—
“(2) No power or duty conferred or imposed by this Order on the Department or boards or parents shall be construed as relating to any person who is detaimed in pursuance of an order made by any court.”.
(3) The transitional provisions set out in Schedule 1 shall have effect.
4. In Article 14 of the principal Order (proposals as to primary and secondary education) after paragraph (9) there shall be inserted the following paragraphs—
“(9A) Subject to paragraph (9B), where a proposal under paragraph (1), (2) or (3) is approved by the Department after 1st April 1987, it shall be the duty of the board or person making the proposal to implement the proposal.
(9B) The Department may modify any proposal which is required to be implemented under paragraph (9A), but shall not do so except at the request of the board or person making the proposal.”.
5. After Article 17 of the principal Order there shall be inserted the following Article—
17A.—(1) The Department may by regulations make provision as to the carrying on of grant-aided schools.
(2) Without prejudice to the generality of paragraph (1), regulations under that paragraph may include provision—
(a)prescribing the terms and conditions on which a school may remain a grant-aided school;
(b)with respect to the number and composition of the teaching staff to be provided in grant-aided schools;
(c)with respect to the duration of the school day and school year at such schools;
(d)with respect to the curriculum and time-table to be followed in such schools;
(e)enabling the Department to prohibit the use in such schools of any book or the teaching material of which the Department does not approve;
(f)preventing the use of the premises of such schools for such purposes as may be prescribed.
(3) Regulations under this Article may enable the Department to authorise such exceptions, grant such approvals and make such determinations for the purposes of the regulations as are specified therein.”.
6. In Article 34 of the principal Order (regulations as to special schools) at the end there shall be added the following paragraph—
“(3) Without prejudice to the generality of paragraph (1), regulations under that paragraph may impose requirements which call for arrangements to be approved by the Department.”.
7. In Article 48(1) of the principal Order (duty of proprietor of school to keep register of all persons of compulsory school age who are pupils at the school) the words “of compulsory school age” shall cease to have effect.
8. For Article 70 of the principal Order there shall be substituted the following Article—
70.—(1) The Department may make regulations as to—
(a)the eligibility of persons to be employed as teachers; and
(b)the terms and conditions of employment of teachers.
(2) Without prejudice to the generality of paragraph (1), regulations under that paragraph may include provision—
(a)requiring teachers to have such qualifications as may be approved by the Department;
(b)requiring that, subject to such exceptions as may be prescribed, only teachers recognised by the Department be employed as teachers and providing for the grant, suspension, withdrawal and restoration of such recognition;
(c)requiring teachers to serve probationary periods;
(d)imposing requirements as to the age, health and physical capacity of teachers;
(e)prohibiting or restricting the employment or further employment of teachers on medical grounds, in cases of misconduct and on educational grounds.
(3) The terms and conditions upon which a teacher (other than a temporary or part-time teacher) is employed shall be set out in an agreement entered into between the teacher and the employer and the agreement shall be in such form as may be approved by the Department.
(4) This Article applies to—
(a)teachers in grant-aided schools;
(b)teachers in institutions of further education;
(c)peripatetic teachers; and
(d)supply teachers.”.
9. After Article 88 of the principal Order there shall be inserted the following Article—
88A.—(1) The Department may make regulations as to—
(a)the eligibility for employment of persons to whom this Article applies; and
(b)the terms and conditions of employment of such persons.
(2) Without prejudice to the generality of paragraph (1), regulations under that paragraph may include provision—
(a)for imposing requirements as to the health and physical capacity of persons to whom this Article applies;
(b)for prohibiting or restricting the employment or further employment of such persons on medical grounds and in cases of misconduct.
(3) This Article applies to persons employed by a board or by the managers of a voluntary school (other than a maintained school) in work otherwise than as teachers which brings them regularly into contact with persons who have not attained the age of nineteen years.”.
10. In Article 89 of the principal Order (provision of residences by boards) in paragraph (5) for the words “on giving six months notice to the occupant” there shall be substituted the words “subject to paragraph (5A)” and after paragraph (5) there shall be inserted the following paragraph—
“(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.”.
11. After Article 91 of the principal Order there shall be inserted the following Article—
91A.—(1) If a board—
(a)has provided a computer for the purpose of enabling the board to perform any of its functions other than functions under this Article; and
(b)considers that the computer can, without detriment to its use for that purpose, be used for the benefit of the board in pursuance of the following provisions of this Article, the board may enter into agreements with other persons for the provision by the board of facilities for using the computer or of services provided by means of the computer.
(2) An agreement in pursuance of this Article may contain such terms as to payment or otherwise as the parties consider appropriate; and it shall be the duty of a board, in settling the terms of such an agreement, to ensure that they are terms on which the board considers that a person other than a board could reasonably be expected to provide the facilities or services in question.
(3) In this Article “computer” means any device for storing and processing information.”.
12. Article 104 of the principal Order (annual report by Department) shall cease to have effect.
13. In Article 115 (grants by Department) for paragraphs (4) and (5) there shall be substituted the following paragraph—
“(4) This Article does not apply to—
(a)the trustees or Board of Governors of a direct grant voluntary intermediate school, except in so far as it empowers the Department to make such grants as are referred to in paragraph (3)(a) and (b);
(b)the trustees or Board of Governors of a voluntary grammar school.”.
14. In Article 131 of the principal Order (evidence of documents) in paragraph (b) for the words from “managers of a grant-aided school” to the end there shall be substituted the words “Board of Governors of a grant-aided school and to be signed by the chairman or secretary of the Board of Governors”.
15. In Schedule 13 to the principal Order (school attendance orders) the words “or would be in conflict with the policy of the board” shall be added after the word “resources”—
(a)in paragraph 1(4) (b); and
(b)in paragraph 2(1) (b).
16. The statutory provisions set out in Schedule 2 are hereby repealed to the extent specified in the third column of that Schedule.
G. I. de Deney
Clerk of the Privy Council.