The Education Reform(Northern Ireland) Order 1989

Extension of Articles 9 and 11(1)(d) to senior pupils

34.—(1) The Department may by order direct that the provisions of Articles 9 and 11(1)(d) shall have effect as if—

(a) any reference to pupils of compulsory school age included a reference to—

(i) senior pupils who are of or over that age; and

(ii) persons in full-time further education who are over that age but have not attained the age of nineteen;

(b) any reference to a grant-aided school included a reference to an institution of further education;

(c) any reference to the Board of Governors of such a school included a reference to the governing body of such an institution; and

(d) any reference to a school year included a reference to an academic year.

(2) An order under paragraph (1) may make such consequential modifications of Articles 21 and 22 as appear to the Department to be necessary or expedient.

(3) The Department may make regulations requiring, in relation to every institution of further education, the board, the governing body or the principal to make available either generally or to prescribed persons, in such form and at such times as may be prescribed, such information relating to—

(a) the qualifications authenticated by outside persons (within the meaning of Article 9) for which courses of study are to be provided by or on behalf of the institution concerned for relevant students;

(b) the courses of study leading to such qualifications which are to be so provided;

(c) the syllabuses which have been provided or determined for the purposes of those courses; and

(d) the results of the assessments of such students for the purposes of those qualifications,

as may be prescribed.

(4) In paragraph (3) “relevant students” means persons mentioned in paragraph (1)(a)(ii) in relation to whom Articles 9 and 11(1)(d) have effect by virtue of an order under paragraph (1).

(5) Regulations under paragraph (3) shall not require information as to the results of an individual student’s assessment for the purposes of any qualification to be made available to any persons or bodies other than—

(a) the student concerned and his parents;

(b) the governing body of the institution attended by the student concerned; or

(c) a body or person prescribed by the regulations,

and shall not require such information to be made available to any body or person mentioned in sub-paragraphs (b) and (c) except where necessary for the purposes of the performance by that body or person of any functions under the Education Orders.

(6) Regulations under paragraph (3) may authorise boards, governing bodies and principals to make a charge (not exceeding the cost of supply) for any documents supplied by them in pursuance of the regulations.

(7) Before making any order under paragraph (1) or regulations under paragraph (3) the Department shall consult with—

(a) the boards and the governing bodies and principals of all institutions of further education; and

(b) any other persons with whom consultation appears to it to be desirable.