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The Education and Libraries (Northern Ireland) Order 1993

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This is the original version (as it was originally made).

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13.—(1) If it appears to the Department that in the financial year beginning in 1993 or in a subsequent financial year a board—

(a)has entered into a contract to carry out work and has done so in contravention of Article 5;

(b)has carried out work as regards which the conditions set out in Article 7 have to be but, in the circumstances, have not been fulfilled;

(c)has decided to carry out work as regards which (if the work is carried out in accordance with the decision) those conditions will have to be but, in the circumstances in which it is proposed to carry it out, will not be fulfilled;

(d)has carried out work in circumstances where Article 9 has not been complied with for the year concerned in relation to the defined activity within which the work falls or in relation to an account required by that Article to be kept for the year concerned as regards the activity;

(e)has carried out work in circumstances where Article 10 has not been complied with for the year concerned in relation to the defined activity within which the work falls; or

(f)has carried out work in circumstances where Article 11 has not been complied with for the year concerned in relation to the defined activity within which the work falls or in relation to a report required by that Article to be prepared for the year concerned as regards the activity,

the Department may serve on the board a notice falling within paragraph (2).

(2) The notice is one which—

(a)informs the board that it appears to the Department that in a financial year identified in the notice the board has acted as mentioned in one of the sub-paragraphs (so identified) of paragraph (1);

(b)identifies the work concerned and states why it so appears; and

(c)contains the requirement mentioned in paragraph (3).

(3) The requirement is that the board submit to the Department within such time as is specified in the notice a written response which—

(a)states that the board has not acted as mentioned in the sub-paragraph concerned of paragraph (1) and justifies the statement; or

(b)states that the board has acted as so mentioned and gives reasons why the Department should not give a direction under Article 14.

(4) Where work is specified under Article 6(3) as a proportion of particular work, the reference in paragraph (2)(b) to work is to the work of which the proportion forms a part.

(5) The Department may serve on a board different notices under this Article identifying the same financial year and the same work, whether such notices identify the same sub-paragraph or different sub-paragraphs of paragraph (1).

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