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The Education Reform(Northern Ireland) Order 1989

Status:

This is the original version (as it was originally made).

Miscellaneous functions of the Council under the principal Order

146.—(1) The principal Order shall have effect subject to the amendments specified in the following provisions of this Article, being amendments to confer on the Council certain functions under that Order or amendments otherwise consequential on the establishment of the Council.

(2) In Article 32 after paragraph (3) there shall be inserted the following paragraph—

(3A) The Council for Catholic Maintained Schools shall use its best endeavours in exercising its functions under Article 143 in relation to a Catholic maintained school which is an ordinary school to secure that if any child attending the school has special educational needs the special educational provision that is required for him is made..

(3) In Article 49—

(a)in paragraph (2) after the words “voluntary school” there shall be inserted the words “(except a Catholic maintained school)”;

(b)after paragraph (2A) there shall be inserted the following paragraph—

(2B) The Council for Catholic Maintained Schools shall prepare a scheme specifying the procedure to be followed in relation to the suspension or expulsion of pupils from Catholic maintained schools..

(4) For Article 100 there shall be substituted the following Article—

Determination of disputes

100.  Any dispute arising between—

(a)a board and the trustees or managers of a voluntary school;

(b)a board and the Board of Governors of a grant-maintained integrated school;

(c)a board and the Council for Catholic Maintained Schools; or

(d)the Council for Catholic Maintained Schools and the trustees or managers of a Catholic maintained school,

with respect to the exercise of any power conferred or the performance of any duty imposed by or under the Education Orders may, notwithstanding any enactment rendering the exercise of the power or the performance of the duty contingent on the opinion of one of the parties to the dispute, be referred by either party to the dispute to the Department and any dispute so referred shall be determined by the Department whose determination shall be final..

(5) For paragraph 1 of Schedule 5 there shall be substituted the following paragraph—

1.(1) The managers or trustees of a voluntary school, other than a voluntary grammar school, may make a request to a board that the school become a maintained school or a Catholic maintained school.

(2) Without prejudice to the right of the managers or trustees to make a further request under sub-paragraph (1), a board may, with the approval of the Department, refuse a request made under sub-paragraph (1), but the Department shall not give such approval unless the board satisfies it that the condition of the premises of the school is such that it would be unreasonable to expect the board to assume responsibility for the maintenance of those premises.

(3) Where a board approves a request under sub-paragraph (1) for a school to become a Catholic maintained school—

(a)the board shall notify the managers or trustees of the school, the Department and the Council for Catholic Maintained Schools in writing of that approval;

(b)the Department shall amend the scheme under Article 141(4) of the 1989 Order so as to designate the school as a Catholic maintained school; and

(c)the Council for Catholic Maintained Schools shall make such provision (if any) as is necessary to ensure that a scheme of management complying with paragraph 2 is framed for or applied to the school.

(4) Where the board approves a request under sub-paragraph (1) for a school to become a maintained school (other than a Catholic maintained school), it shall make provision for a scheme of management for the school complying with paragraph 2.

(5) Two or more maintained primary schools, other than nursery schools, may be grouped under one Board of Governors where the managers or trustees of the schools so request and—

(a)in the case of Catholic maintained schools, the Council for Catholic Maintained Schools, with the approval of the Department, so determines;

(b)in the case of other maintained schools, the board, with the approval of the Department, so determines.

(6) Nothing in any instrument of government of a school shall—

(a)prevent the constitution of a Board of Governors for that school in accordance with a scheme of management complying with paragraph 2 or the doing by the managers or trustees of that school of anything necessary for or incidental to the constitution and functioning of such a Board of Governors; or

(b)restrict the powers under sub-paragraph (5) of the mangers or trustees of that school or the application of that sub-paragraph to that school.

(7) The managers or trustees of a school may, at any time before they have signified their approval of a scheme of management for the school complying with paragraph 2, withdraw their request under this paragraph..

(6) In paragraph 2(1) of Schedule 5 for the words from the beginning to “and shall” there shall be substituted the words “The scheme of management for a maintained school shall”.

(7) A scheme of management in force in relation to a school immediately before it becomes a Catholic maintained school shall continue in force until replaced by a scheme prepared under Article 9B(3) of that Order.

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