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39. For Article 49 of the 1986 Order there shall be substituted the following Article—
49.—(1) Each board shall prepare a scheme specifying the procedure to be followed in relation to the suspension or expulsion of pupils from schools under its management.
(2) 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.
(3) The Board of Governors of—
(a)a voluntary school (other than a Catholic maintained school);
(b)a grant-maintained integrated school,
shall prepare a scheme specifying the procedure to be followed in relation to the suspension or expulsion of pupils from the school.
(4) A scheme prepared under paragraph (1), (2) or (3) shall provide that a pupil may be expelled from a school only by the expelling authority and shall include provision for such other matters as may be prescribed.
(5) In this Article “the expelling authority” means—
(a)in relation to a pupil in a controlled school, the board responsible for the management of the school; and
(b)in relation to a pupil in any other grant-aided school, the Board of Governors of the school.
(6) Every board shall make arrangements for enabling—
(a)the parent of a pupil at a grant-aided school situated in the area of the board; or
(b)if the pupil has attained the age of 18 years, the pupil himself,
to appeal against any decision of an expelling authority to expel the pupil from the school.
(7) Any appeal by virtue of paragraph (6) shall be to an appeal tribunal constituted in accordance with regulations under paragraph (10).
(8) On the hearing of an appeal under this Article the appeal tribunal may—
(a)allow the appeal and direct that the pupil be re-admitted to the school; or
(b)dismiss the appeal.
(9) It shall be the duty of the expelling authority and, in the case of a pupil expelled from a controlled school, the Board of Governors of the school to comply with any direction given under paragraph (8)(a).
(10) The Department shall by regulations provide for the constitution and procedure of appeal tribunals and, without prejudice to the generality of the foregoing, such regulations—
(a)shall provide for an appeal tribunal to consist of a prescribed number of persons selected in the prescribed manner from a panel of persons appointed by the board to act as members of appeal tribunals under this Article;
(b)may provide for disqualifying prescribed persons or descriptions of person for membership of an appeal tribunal;
(c)may contain provision requiring an appeal tribunal to hear and determine an appeal within such period as may be specified in, or determined in accordance with, the regulations;
(d)may provide for two or more appeal tribunals to sit at the same time;
(e)may provide that all matters relating to the procedure on appeals which are not specifically regulated by the regulations shall be determined by the board.
(11) An appeal tribunal shall not be regarded as a committee of the board.
(12) Article 79(1) shall apply to members of an appeal tribunal in like manner as it applies to members of a board.”.
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