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The Education and Libraries (Northern Ireland) Order 1993

Status:

This is the original version (as it was originally made).

SCHEDULES

Article 4(1).

SCHEDULE 1COMPETITION

Cleaning of buildings

1.—(1) Subject to sub-paragraph (2), the cleaning of the windows of any building (whether inside or outside) and the cleaning of the interior of any building fall within Article 4(1)(a).

(2) The following do not fall within Article 4(1)(a)—

(a)the cleaning of the exterior (which here excludes windows) of any building;

(b)the cleaning of the windows or interior of a dwelling.

(3) In sub-paragraph (2) “dwelling” means a building or part of a building occupied as a person’s home or as other living accommodation (whether the occupation is separate or shared with others) but does not include any part not so occupied.

Catering

2.—(1) Subject to sub-paragraph (2), the following (and only the following) fall within Article 4(1)(b)—

(a)providing ingredients for, and preparing, delivering and serving, meals for consumption in schools and institutions of further education;

(b)providing refreshments for consumption in schools and institutions of further education.

(2) The provision of milk in accordance with arrangements approved by the Department under Article 58 of the 1986 Order does not fall within Article 4(1)(b).

Maintenance of ground

3.—(1) Subject to sub-paragraph (2), the following (and only the following) fall within Article 4(1)(c)—

(a)cutting and tending grass (including re-turfing and re-seeding but not initial turfing or seeding);

(b)maintaining outdoor sports grounds, pitches, courts or tracks;

(c)maintaining playgrounds, car parks and pathways;

(d)planting and tending trees, hedges, shrubs, flowers and other plants (but excluding landscaping any area);

(e)controlling weeds.

(2) An activity does not fall within Article 4(1)(c) if its primary purpose is research or securing the survival of any kind of plant.

Repair and maintenance of vehicles

4.—(1) Subject to sub-paragraph (2), the repair and the maintenance of any motor vehicle or trailer fall within Article 4(1)(d).

(2) The repair of damage caused by an accident does not fall within Article 4(1)(d).

(3) In this paragraph—

“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads or otherwise on land;

“trailer” means a vehicle intended or adapted to be drawn by a motor vehicle.

Article 28(2) to (4).

SCHEDULE 2MANAGEMENT OF MAINTAINED SCHOOLS AND VOLUNTARY GRAMMAR SCHOOLS

PART IARTICLE 11 OF THE 1986 ORDER, AS SUBSTITUTED

Management of voluntary schools

11.—(1) Subject to paragraph (3), each voluntary school shall be under the control and management of a Board of Governors.

(2) Subject to paragraph (3), each maintained school shall be under the control and management of a Board of Governors constituted in accordance with the provisions of Part I of Schedule 5 and may be withdrawn from the control and management of that Board of Governors in accordance with the provisions of Part II of that Schedule.

(3) Two or more maintained primary schools, other than nursery schools, may be grouped under one Board of Governors where the trustees or Board of Governors of each school so requests and—

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

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

(4) Each voluntary grammar school in relation to which an agreement under paragraph 1 of Schedule 6 is in force shall be under the control and management of a Board of Governors constituted in accordance with the provisions of Schedule 6.

(5) Each voluntary grammar school in relation to which no agreement under paragraph 1 of Schedule 6 is in force shall be under the control and management of a Board of Governors constituted in accordance with the provisions of Schedule 7.

(6) Each voluntary school which has, under Part II of Schedule 5, ceased to be a maintained school shall be under the control and management of a Board of Governors constituted in accordance with the provisions of Schedule 8.

PART IISCHEDULE 5 TO THE 1986 ORDER, AS SUBSTITUTED

Article 11(2).

SCHEDULE 5MAINTAINED SCHOOLS

PART IMEMBERSHIP OF BOARD OF GOVERNORS OF MAINTAINED SCHOOL

1.(1) The trustees of a maintained school shall, notwithstanding anything in any instrument of government of the school, have power to enter into an agreement with the Department that paragraph 2 shall apply in relation to the membership of the Board of Governors of the school; and—

(a)where an agreement under this paragraph is in force in relation to a school, paragraph 2 shall apply in relation to the membership of the Board of Governors of the school; and

(b)in any other case, paragraph 3 shall apply in relation to the membership of the Board of Governors of the school.

(2) An agreement under this paragraph shall provide that the Head of the Department, before making an appointment to the Board of Governors of the school under paragraph 2 shall consult—

(a)in the case of a Catholic maintained school, the Council for Catholic Maintained Schools; and

(b)in any other case, the Board of Governors of the school.

2.(1) Where this paragraph applies in relation to the membership of the Board of Governors of a maintained school, the Board of Governors shall, notwithstanding anything in any instrument of government of the school, consist of—

(a)9, 18 or 27 persons (in this paragraph referred to as voting members);

(b)the principal of the school who, subject to sub-paragraph (3), shall be entitled to attend and take part in meetings of the Board of Governors but not to vote on any question; and

(c)persons co-opted under Articles 122 and 139 of the 1989 Order who shall be entitled to attend and take part in meetings of the Board of Governors but not to vote on any question.

(2) Of the voting members of the Board of Governors—

(a)four-ninths shall be nominated by the nominating trustees in such manner as the scheme of management of the school may provide, and at least one of the persons so nominated shall, at the time of his nomination, be a parent of a pupil attending the school;

(b)two-ninths shall be nominated by the board;

(c)one-ninth shall be nominated by the Head of the Department;

(d)one-ninth shall be elected by parents of pupils attending the school from amongst the parents of such pupils;

(e)one-ninth shall be elected by assistant teachers at the school from amongst such assistant teachers.

(3) Where two or more schools are grouped under one Board of Governors, the principal of a school shall not be entitled to attend or take part in any meeting of the Board of Governors whenever a matter relating exclusively to one or more of the other schools is being discussed.

(4) The Board of Governors shall, with the approval of the Department, make arrangements for the election of persons under sub-paragraph (2)(d) and (e) and such arrangements shall ensure that any vote taken for the purpose of any such election shall be by secret ballot.

3.(1) Where this paragraph applies in relation to the membership of the Board of Governors of a maintained school, the Board of Governors shall, notwithstanding anything in any instrument of government of the school, consist of—

(a)10, 18 or 27 persons (in this paragraph referred to as voting members);

(b)the principal of the school who, subject to sub-paragraph (4), shall be entitled to attend and take part in meetings of the Board of Governors but not to vote on any question; and

(c)persons co-opted under Articles 122 and 139 of the 1989 Order who shall be entitled to attend and take part in meetings of the Board of Governors but not to vote on any question.

(2) Where there are 10 voting members of the Board of Governors of a maintained school, then of those members—

(a)six shall be nominated by the nominating trustees in such manner as the scheme of management of the school may provide, and at least one of the persons so nominated shall, at the time of his nomination, be a parent of a pupil attending the school;

(b)two shall be nominated by the board;

(c)one shall be elected by parents of pupils attending the school from amongst the parents of such pupils;

(d)one shall be elected by assistant teachers at the school from amongst such assistant teachers.

(3) Where there are 18 or 27 voting members of the Board of Governors of a maintained school, sub-paragraph (2) shall apply as if for the numbers mentioned in heads (a), (b), (c) and (d) of that sub-paragraph there were substituted the fractions five-ninths, two-ninths, one-ninth and one-ninth respectively.

(4) Where two or more schools are grouped under one Board of Governors, the principal of a school shall not be entitled to attend or take part in any meeting of the Board of Governors whenever a matter relating exclusively to one or more of the other schools is being discussed.

(5) The Board of Governors shall, with the approval of the Department, make arrangements for the election of persons under sub-paragraph (2)(c) and (d) and such arrangements shall ensure that any vote taken for the purpose of any such election shall be by secret ballot.

4.(1) The coming into force, or termination, of any agreement under paragraph 1 and any consequential change in the membership of the Board of Governors of a school shall not—

(a)constitute a change for the purposes of Article 14(2)(d) or (e); or

(b)break, or otherwise affect, the continuity of employment of persons employed by the Board of Governors.

(2) Where an agreement under paragraph 1 in relation to a school is terminated, the voting members of the Board of Governors of the school nominated under paragraph 2(2)(a) and (c) shall cease to hold office and such nominations to the Board of Governors shall be made by the nominating trustees as are necessary to ensure that the membership of the Board of Governors complies with paragraph 3.

(3) Where an agreement under paragraph 1 comes into force in relation to a school, the voting members of the Board of Governors of the school nominated under paragraph 3(2)(a) shall cease to hold office and such nominations to the Board of Governors shall be made by the nominating trustees and the Head of the Department as are necessary to ensure that the membership of the Board of Governors complies with paragraph 2.

(4) Persons nominated to the Board of Governors under sub-paragraph (2) or (3) shall hold office for the remainder of the original term of office of those ceasing to hold office under that provision.

(5) The coming into force, or termination, of an agreement under paragraph 1 does not affect the membership of the Board of Governors of any persons other than those mentioned in sub-paragraph (2) or (3).

PART IIWITHDRAWAL OF MAINTAINED SCHOOL FROM MAINTAINED SCHOOL STATUS

5.(1) The nominating trustees of a maintained school to which this paragraph applies may at any time give notice to the board requesting that the school should cease to be a maintained school but should continue to be a voluntary school and, where they do so, the school shall, subject to paragraph 6, continue to be a voluntary school but shall cease to be a maintained school—

(a)on the date specified in the notice but only if on or before that date the nominating trustees have complied with the requirements mentioned in paragraph 6; or

(b) if those trustees have not complied with those requirements on or before that date, on the date on which they so comply.

(2) The date specified in a notice under sub-paragraph (1) shall not, unless the nominating trustees and the board otherwise agree, be less than two years from the date on which the notice is given.

(3) This paragraph applies only to a school—

(a)which was recognised as a grant-aided school before 19th October 1967; or

(b)which the Department is satisfied replaces a school or schools (not being a school which was, or schools one or more than one of which was, a maintained school) so recognised before that date; or

(c)the proposal to establish which was submitted to the Ministry of Education for Northern Ireland before that date for approval.

6.  The requirements mentioned in paragraph 5 are—

(a)that the nominating trustees have repaid to the Department so much of any grant under Article 116 as, in accordance with regulations under paragraph (1) of that Article, is repayable where a school ceases to be a maintained school; and

(b)that the nominating trustees have paid to the board such amount as may be agreed between those trustees and the board or, in default of agreement, as may be determined by the Department as representing thirty-five per cent. of the value, at the date on which the school ceases to be a maintained school, of—

(i)any works of external maintenance of the school carried out by the board or, before 1st October 1973, by a former local education authority; and

(ii)any equipment provided by the board or, before 1st October 1973, by a former local education authority.

PART IIIINTERPRETATION

7.(1) In this Schedule—

“assistant teacher” has the meaning assigned to it by paragraph 7 of Schedule 4;

“board”, in relation to a school, means the board for the area in which the school is situated or such other board as the Department may determine;

“nominating trustees”, in relation to a school, means such persons as the scheme of management may provide.

(2) Where two or more schools are grouped under one Board of Governors this Schedule shall apply to those schools with such modifications as may be necessary and in particular—

(a)references to the Board of Governors of a school shall be construed as references to the Board of Governors of the group of schools;

(b)references to a pupil attending, or an assistant teacher at, a school shall be construed as references to a pupil attending, or an assistant teacher at, one of the schools in the group;

(c)references to the principal or the instrument of government of a school shall be construed as references to the principal or the instrument of government of each of the schools in the group;

(d)references to the trustees of a school shall be construed as references to the trustees of each of the schools in the group, acting jointly;

(e)any other references to a school shall be construed as references to the group of schools.

PART IIISCHEDULE 6 TO THE 1986 ORDER, AS SUBSTITUTED

Article 11(4).

SCHEDULE 6MEMBERSHIP OF BOARD OF GOVERNORS OF VOLUNTARY GRAMMAR SCHOOL ENTERING INTO AGREEMENT WITH DEPARTMENT

1.(1) The trustees of a voluntary grammar school shall, notwithstanding anything in any instrument of government of the school, have power to enter into—

(a)an agreement with the Department that paragraph 4 shall apply in relation to the membership of the Board of Governors of the school; or

(b)an agreement with the Department that paragraph 5 shall apply in relation to the membership of the Board of Governors of the school.

(2) An agreement under sub-paragraph (1)(a) or (b) shall provide that the Head of the Department, before making an appointment to the Board of Governors of the school under paragraph 4 or 5 (as the case may be), shall consult the Board of Governors of the school and the board for the area in which the school is situated and may consult any other board which he considers appropriate.

(3) An agreement under sub-paragraph (1) shall have effect to terminate any prior agreement in force under that sub-paragraph.

2.(1) The trustees of a voluntary grammar school in relation to which an agreement is in force under paragraph 1(1) shall, notwithstanding anything in any instrument of government of the school, have power to enter into an agreement, approved by the Department, with one or more than one board conferring on the board or boards concerned the right to appoint members to the Board of Governors of the school—

(a)in accordance with paragraph 4(2)(b)(i), where an agreement under paragraph 1(1)(a) is in force in relation to the school;

(b)in accordance with paragraph 5(2)(b)(i), where an agreement under paragraph 1(1)(b) is in force in relation to the school.

(2) The termination (otherwise than under paragraph 1(3)) of an agreement under paragraph 1(1) in relation to a school shall have effect to terminate any agreement under this paragraph then in force in relation to the school.

3.(1) Where an agreement under paragraph 1(1)(a) is in force in relation to a school, paragraph 4 shall apply in relation to the membership of the Board of Governors of the school.

(2) Where an agreement under paragraph 1(1)(b) is in force in relation to a school, paragraph 5 shall apply in relation to the membership of the Board of Governors of the school.

4.(1) Where this paragraph applies in relation to the membership of the Board of Governors of a voluntary grammar school, the Board of Governors shall, notwithstanding anything in any instrument of government of the school, consist of—

(a)9, 18, 27 or 36 persons (in this paragraph referred to as voting members);

(b)the principal of the school who shall be entitled to attend and take part in meetings of the Board of Governors but not to vote on any question; and

(c)persons co-opted under Articles 122 and 139 of the 1989 Order who shall be entitled to attend and take part in meetings of the Board of Governors but not to vote on any question.

(2) Of the voting members of the Board of Governors—

(a)four-ninths shall be appointed as provided by the scheme of management and at least one of the persons so appointed shall, at the time of his appointment, be a parent of a pupil attending the school;

(b)one-third shall be appointed—

(i)where an agreement under paragraph 2 is in force in relation to the school, by the Head of the Department and the board or boards concerned in accordance with an agreement made between the Head of the Department and the board or boards concerned;

(ii)in any other case, by the Head of the Department;

(c)one-ninth shall be elected by parents of pupils attending the school from amongst parents of such pupils;

(d)one-ninth shall be elected by assistant teachers at the school from amongst such assistant teachers.

(3) Subject to sub-paragraph (4), persons elected to the Board of Governors under sub-paragraph (2)(c) and (d) shall hold office for a period of four years from the date on which they were elected.

(4) If a person referred to in sub-paragraph (3) ceases to hold office before the end of the period referred to in that sub-paragraph, any person elected to replace him shall hold office only for the remainder of that period.

(5) The Board of Governors shall, with the approval of the Department, make arrangements for the election of persons under sub-paragraph (2)(c) and (d) and such arrangements shall ensure that any vote taken for the purpose of any such election shall be by secret ballot.

(6) Where under any instrument of government of a school assets of a capital nature held for the purposes of or in connection with the school are vested in the Board of Governors of the school, the persons elected to the Board of Governors of the school under sub-paragraph (2)(c) and (d) shall, unless the other members of the Board of Governors otherwise determine, not be entitled to attend or take part in any meeting of the Board of Governors whenever a matter relating to the acquisition, disposal or management of such assets is being discussed or to vote on any question relating to such a matter.

5.(1) Where this paragraph applies in relation to the membership of the Board of Governors of a voluntary grammar school, the Board of Governors shall, notwithstanding anything in any instrument of government of the school, consist of—

(a)10, 18, 27 or 36 persons (in this paragraph referred to as voting members);

(b)the principal of the school who shall be entitled to attend and take part in meetings of the Board of Governors but not to vote on any question; and

(c)persons co-opted under Articles 122 and 139 of the 1989 Order who shall be entitled to attend and take part in meetings of the Board of Governors but not to vote on any question.

(2) Where there are 10 voting members of the Board of Governors of the school, then of those members—

(a)six shall be appointed as provided by the scheme of management and at least one of the persons so appointed shall, at the time of his appointment, be a parent of a pupil attending the school;

(b)two shall be appointed—

(i)where an agreement under paragraph 2 is in force in relation to the school, by the Head of the Department and the board or boards concerned in accordance with an agreement made between the Head of the Department and the board or boards concerned;

(ii)in any other case, by the Head of the Department;

(c)one shall be elected by parents of pupils attending the school from amongst parents of such pupils;

(d)one shall be elected by assistant teachers at the school from amongst such assistant teachers.

(3) Where there are 18, 27 or 36 members of the Board of Governors of the school, sub-paragraph (2) shall apply as if for the numbers mentioned in heads (a), (b), (c) and (d) of that sub-paragraph there were substituted the fractions five-ninths, two-ninths, one-ninth and one-ninth respectively.

(4) Subject to sub-paragraph (5), persons elected to the Board of Governors under sub-paragraph (2)(c) and (d) shall hold office for a period of four years from the date on which they were elected.

(5) If a person referred to in sub-paragraph (4) ceases to hold office before the end of the period referred to in that sub-paragraph, any person elected to replace him shall hold office only for the remainder of that period.

(6) The Board of Governors shall, with the approval of the Department, make arrangements for the election of persons under sub-paragraph (2)(c) and (d) and such arrangements shall ensure that any vote taken for the purpose of any such election shall be by secret ballot.

(7) Where under any instrument of government of a school assets of a capital nature held for the purposes of or in connection with the school are vested in the Board of Governors of the school, the persons elected to the Board of Governors of the school under sub-paragraph (2)(c) and (d) shall, unless the other members of the Board of Governors otherwise determine, not be entitled to attend or take part in any meeting of the Board of Governors whenever a matter relating to the acquisition, disposal or management of such assets is being discussed or to vote on any question relating to such a matter.

6.(1) The coming into force, or termination, of any agreement under paragraph 1(1) and any consequential change in the membership of the Board of Governors of a school shall not—

(a)constitute a change for the purposes of Article 14(2)(d) or (e); or

(b)break, or otherwise affect, the continuity of employment of persons employed by the Board of Governors.

(2) Where an agreement under paragraph 1(1)(a) in relation to a school is terminated under paragraph 1(3), the voting members of the Board of Governors of the school appointed under paragraph 4(2)(a) and (b) shall cease to hold office and such appointments to the Board of Governors shall be made under paragraph 5(2)(a) and (b) as are necessary to ensure that the membership of the Board of Governors complies with paragraph 5.

(3) Where an agreement under paragraph 1(1)(b) in relation to a school is terminated under paragraph 1(3), the voting members of the Board of Governors of the school appointed under paragraph 5(2)(a) and (b) shall cease to hold office and such appointments to the Board of Governors shall be made under paragraph 4(2)(a) and (b) as are necessary to ensure that the membership of the Board of Governors complies with paragraph 4.

(4) Persons appointed to the Board of Governors under sub-paragraph (2) or (3) shall hold office for the remainder of the original term of office of those ceasing to hold office under that provision.

(5) The termination under paragraph 1(3) of an agreement under paragraph 1(1) does not affect the membership of the Board of Governors of any persons other than those mentioned in sub-paragraph (2) or (3).

7.  In this Schedule “assistant teacher” has the meaning assigned to it by paragraph 7 of Schedule 4.

Article 45(4).

SCHEDULE 3SCHEDULE 2A TO THE 1989 ORDER, AS INSERTED

Article 6(2A).

SCHEDULE 2ACOMPULSORY CONTRIBUTORY SUBJECTS IN KEY STAGE 4

1.  The list referred to in the entry in column 4 of Schedule 2 relating to the area of study called Science and Technology is the following—

  • Technology and Design

  • Technology and Design (SC).

2.  The list referred to in the entry in column 4 of Schedule 2 relating to the area of study called The Environment and Society is the following—

  • History

  • Geography

  • Business Studies and History (SC)

  • Business Studies and Geography (SC)

  • History (SC) and Geography (SC)

  • History (SC) and Business Studies (SC)

  • Geography (SC) and Business Studies (SC).

3.  The list referred to in the entry in column 4 of Schedule 2 relating to the area of study called Creative and Expressive Studies is the following—

  • Art and Design

  • Music

  • Drama

  • Media Studies

  • Art and Design (SC)

  • Music (SC)

  • Drama (SC)

  • Media Studies (SC).

Articles 34(9) and 50(1).

SCHEDULE 4MINOR AND CONSEQUENTIAL AMENDMENTS

PART IAMENDMENTS CONSEQUENTIAL ON THE ESTABLISHMENT OF THE NORTHERN IRELAND COUNCIL FOR THE CURRICULUM, EXAMINATIONS AND ASSESSMENT

The Commissioner for Complaints Act (Northern Ireland) 1969 (c. 25)

In Part II of Schedule 1 for the entry relating to the Northern Ireland Schools Examinations and Assessment Council substitute—

  • The Northern Ireland Council for the Curriculum, Examinations and Assessment..

The Industrial Relations (No. 2) (Northern Ireland)Order 1976 (NI 28)

In Article 39(1)(g) for heads (i) and (ii) substitute—

(i)the Northern Ireland Council for the Curriculum, Examinations and Assessment;.

The Education and Libraries (Northern Ireland) Order 1986 (NI 3)

In Article 92(1A)(a) for “Curriculum Council” substitute “Council for the Curriculum, Examinations and Assessment”.

In Article 101(3) for sub-paragraphs (g) and (h) substitute—

(g)the Northern Ireland Council for the Curriculum, Examinations and Assessment..

The Education Reform (Northern Ireland) Order 1989 (NI 20)

The following provisions shall cease to have effect, namely—

(a)Article 18 and the cross-heading immediately preceding it;

(b)Article 20;

(c)Article 23;

(d)Article 24(3)(a) and (4);

(e)Article 27;

(f)in Schedule 3, paragraph 1 and the cross-heading immediately preceding it.

In Articles 14(3)(b) and 19(1) for “Curriculum Council” substitute “Council for the Curriculum, Examinations and Assessment”.

In Articles 21(1) and 22(1) for “Schools Examinations and Assessment Council” substitute “Council for the Curriculum, Examinations and Assessment”.

In Article 149(2) for sub-paragraph (e) substitute—

(e)the Northern Ireland Council for the Curriculum, Examinations and Assessment;.

In Schedule 3 for the heading substitute—

Article 17A.

SCHEDULE 3THE NORTHERN IRELAND COUNCIL FOR THE CURRICULUM, EXAMINATIONS AND ASSESSMENT

In Schedule 3 in paragraph 10 in sub-paragraph (3)(a) after “Council” insert “or who is the initial chief executive of the Council” and after that sub-paragraph insert—

(3A) In sub-paragraph (3) “the initial chief executive” means the first person to be appointed as chief executive of the Northern Ireland Council for the Curriculum, Examinations and Assessment after the making of the Education and Libraries (Northern Ireland) Order 1993..

PART IIOTHER MINOR AND CONSEQUENTIAL AMENDMENTS

The Education and Libraries (Northern Ireland) Order 1986 (NI 3)

In Article 2(2) in the definition of “the Education Orders” for “and the 1989 Order” substitute “, the 1989 Order and the Education and Libraries (Northern Ireland) Order 1993”.

In Article 2(2) for the definition of “maintained school” substitute—

“maintained school” means a voluntary school other than a grammar school or a school which has, under Part II of Schedule 5, ceased to be a maintained school;.

In Article 2(2) in the definition of “managers” for paragraphs (b), (c) and (cc) substitute—

(b)in relation to a voluntary school or a grant-maintained integrated school, the Board of Governors of the school;.

In Article 9(1)(b) for the words from “the trustees or Board of Governors of which” to the end substitute “in relation to which an agreement with the board is in force under paragraph 2 of Schedule 6.”.

In Article 9B for paragraph (4) substitute—

(4) It shall be the duty of the Board of Governors of a voluntary school (other than a maintained school) to prepare a scheme of management for the school..

In Article 15(3) for “the trustees or Board of Governors of which have entered into an agreement with the Department under Schedule 6” substitute “in relation to which an agreement with the Department under paragraph 1(1) of Schedule 6 is in force” and the words from “but this paragraph” to the end shall cease to have effect.

In Article 16(4)(a) for the words from “pay to the Department” to the end substitute “repay to the Department such sums as are repayable in accordance with the provisions of regulations under that Article”.

In Article 21 for paragraph (3) substitute—

(3) Subject to paragraph (3A), in—

(a)a controlled integrated school;

(b)a grant-maintained integrated school; and

(c)a voluntary school,

the religious education and collective worship required by paragraph (1) shall be under the control of the Board of Governors of the school and that religious education shall be subject to such arrangements for inspection and examination as the Board of Governors thinks fit..

In Article 32(3A) after “Article 143” insert “of the 1989 Order”.

In Article 52(1) and (3) the words “or the University of Ulster” shall cease to have effect.

In Article 55(1)(b) the words “at the University of Ulster or” and “University or” shall cease to have effect.

In Article 66 for paragraphs (4) to (11) substitute—

(4) Regulations under paragraph (3) may make provision for—

(a)the repayment in such circumstances as are prescribed of the whole or part of any grant paid under this Article;

(b)the reduction in such circumstances as are prescribed of the amount of grant which would otherwise by payable under this Article;

(c)the payment to the Department by such person as may be prescribed of a sum where—

(i)any premises of a college of education in respect of which the Department has, at any time after 1st. August 1984, paid a grant under paragraph (3), cease to be used for approved purposes of a college of education; or

(ii)any site in respect of which the Department has, at any time after that date, paid a grant under paragraph (3), ceases, in the opinion of the Department, to be required for the purposes of a college of education.

(5) Without prejudice to the generality of paragraph (4), regulations under paragraph (3) may—

(a)provide for any repayment, reduction or payment under the regulations to be of such amount as the Department considers equitable;

(b)provide for any such repayment, reduction, or payment not to exceed such amount as may be determined under or in accordance with the regulations;

(c)provide for any amount determined as mentioned in sub-paragraph (b) to include an amount in respect of interest calculated in such manner as may be prescribed; and

(d)apply to grants made before as well as after the coming into operation of this paragraph..

In Article 73(3)(a) for “books and other printed matter, and pictures, gramophone records, films and other materials” substitute “library materials”.

In Article 75 for “premises provided or maintained by it for the purposes of its functions as a library authority shall” substitute “its library premises”.

In Article 78(1) for “premises where those facilities are provided” substitute “the library premises of the board”.

In Article 78(2) for “premises maintained by the board under this Order” substitute “library premises of the board”.

In Article 80 for the words from the beginning to “(a) defray” substitute

  • A board may—

    (a)

    defray, at such rates as the Department may approve,.

In Article 106(2) for “the trustees or Board of Governors of which have entered into an agreement under Schedule 6” substitute “in relation to which an agreement under paragraph 1(1) of Schedule 6 is in force”.

In Article 134(1) for “this Order” where it twice occurs substitute “the Education Orders”.

In Schedule 2 in paragraph 13(4) after “materials” insert “to the board” and after “works” insert “for the board”.

In Schedule 4 in paragraph 7 in the definition of “nominating trustees” for “paragraph 2(3)” substitute “paragraph 7(1)”.

In Schedule 7 in paragraph 1 for “the trustees or Board of Governors of which have not entered into an agreement under paragraph 1 of Schedule 6” substitute “in relation to which no agreement under paragraph 1(1) of Schedule 6 is in force”.

In Schedule 8 in paragraph 1 for “Article 11(7)” substitute “Article 11(6)”.

In Schedule 15 in paragraph 7 for “86” substitute “86(1)”.

The Education Reform (Northern Ireland) Order 1989 (NI 20)

In Article 19(1) after sub-paragraph (c) insert—

cc)produce, or secure or assist the production of, teaching materials for use in connection with the curriculum for grant-aided schools;.

In Article 19 for paragraph (5) substitute—

(5) The functions of the Council under paragraphs (1) and (4) in relation to the curriculum for grant-aided schools shall also be exercisable by the Council in relation to the curriculum for institutions of further education so far as relating to persons in full-time further education who have not attained the age of 19..

Article 21(3) shall cease to have effect.

In Article 22 after paragraph (1) insert—

(1A) The Council may enter into arrangements to perform functions on behalf of, or provide services to, any other examining body or authority and such arrangements may provide for the payment by the said body or authority of the whole or part of any expenditure incurred by the Council in carrying out the arrangements..

In Article 22 at the end add—

(4) In this Article references to examinations and assessments include references to examinations and assessments in respect of persons who have not attained the age of nineteen and are in full-time education at an institution of further education..

In Article 33(3) after sub-paragraph (a) insert—

(aa)may contain provision requiring the tribunal to hear and determine the appeal within such period as may be specified in, or determined in accordance with, the regulations;.

In Article 35(6) for “except Articles 30 and 32” substitute

  • except—

    (a)

    Article 29;

    (b)

    Article 30;

    (c)

    Article 31(1) to (4) with the omission of the words in brackets in Article 31(2)(a)(iii) and of Article 31(2)(b)(i);

    (d)

    Article 32; and

    (e)

    Article 33, in so far as it applies for the purposes of those provisions,.

In Article 37(7) for sub-paragraphs (a) and (b) substitute—

(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 persons for membership of an appeal tribunal;.

In Article 60(1)(b) for “Article 116(1)(c)” substitute “Article 116(1)(b)”.

In Article 62(5)(a) after “paragraph (2)” insert “or Article 32 of the Education and Libraries (Northern Ireland) Order 1993”.

In Article 69(4)(a) for “two months” substitute “three months”.

In Article 77(11) the words in brackets shall cease to have effect.

In Article 115(2) after “required” insert “or authorised”.

In Article 115(4) for “in respect of the dismissal, or premature retirement, or for the purpose of securing the resignation,” substitute “in giving effect to any determination under paragraph (1) in respect”.

In Article 119(7)(a) after “paragraph (2)” insert “or Article 32 of the Education and Libraries (Northern Ireland) Order 1993”.

In Article 126(4) for sub-paragraphs (b) and (c) substitute—

(b)paragraph 2(4) or 3(5) of Schedule 5;

(c)paragraph 4(5) or 5(6) of Schedule 6;.

In Article 127 for paragraphs (2) and (3) substitute—

(2) Articles 128 to 131 do not apply to a voluntary grammar school if no agreement with the Department is, or has at any time on or after 1st April 1992 been, in force in relation to the school under paragraph 1(1) of Schedule 6 to the 1986 Order.

(3) The application of those Articles to certain other voluntary grammar schools is subject to Articles 132 and 132A..

In Article 127(4)—

(a)for “to not apply” substitute “do not apply”;

(b)in sub-paragraph (b) for “not” substitute “neither resident in Northern Ireland nor”; and

(c)in sub-paragraph (d) for head (ii) substitute—

(ii)on 31st March 1992 was a specified pupil, as defined by regulation 4(c) of the Grammar Schools (Fees) Regulations (Northern Ireland) 1990 (as in operation on that date)..

In Article 128(4)(a), (6)(b) and (7)(b) and Article 136(5) for “an approved” substitute “a”.

In Article 128(5) and (11), Article 133(3) and Article 136(1) and (3) the word “approved” shall cease to have effect.

In Article 137(5)(a) after “school hours” insert “, terms and holidays”.

In Article 138(1)(c) the words in brackets shall cease to have effect.

In Article 140 after “school premises” insert “(including, without prejudice to the generality of the foregoing words, any powers under Article 62 or under Article 32 of the Education and Libraries (Northern Ireland) Order 1993)”.

In Article 146(7) for “that Order” substitute “the principal Order”.

In Schedule 4 in paragraph 7(2) after “required” insert “or authorised”.

In Schedule 4 in paragraph 7(4) for “in respect of the dismissal, or premature retirement, or for the purpose of securing the resignation,” substitute “in giving effect to any determination under sub-paragraph (1) in respect”.

In Schedule 7 in paragraphs 1(b) and 2 for “Technician” substitute “Technology”.

In Schedule 8 in paragraph 7(1)(a) for the words from “otherwise” to the end substitute “otherwise than as a teacher;”.

The Education (Students Loans) (Northern Ireland)Order 1990 (NI 11)

In Schedule 1 in paragraph 4(a) for “Technician” substitute “Technology”.

The Planning (Northern Ireland) Order 1991 (NI 11)

In Article 26(2) in the definition of “educational institution” in paragraph (d) for “Article 27 of that Order” substitute “Article 100 of the Education Reform (Northern Ireland) Order 1989”.

Article 50(2).

SCHEDULE 5REPEALS

NumberShort TitleExtent of Repeal
1986 NI 3.The Education and Libraries (Northern Ireland) Order 1986.

In Article 2(2) the definition of “supply teacher”.

In Article 6(4) the words “with the approval of the Department and”.

Article 9A(7).

In Article 15(3) the words from “but this paragraph” to the end.

Article 23(2).

In Article 52(1) and (3) the words “or the University of Ulster”.

In Article 55(1)(b) the words “at the University of Ulster or” and “University or”.

In Article 63(3) the definition of “autumn term”.

In Article 65(2), sub-paragraph (b) and the word “or” immediately preceding it.

In Article 65(4) the words “and supply”.

Article 69A(2)(a)(iii) and (3).

In Article 70, paragraph (1)(b) and the word “and” immediately preceding it, paragraph (3) and paragraph (4)(d) and the word “and” immediately preceding it.

Article 72(4).

Article 101(3)(c).

In Article 113(1) the words “under the Education Orders”.

In Schedule 2, paragraph 13(2) and (3).

In Schedule 19, paragraph 6.

1988 c. 48.The Copyright, Designs and Patents Act 1988.

In Schedule 7, paragraph 34.

1989 NI 20.The Education Reform (Northern Ireland) Order 1989.

Article 18 and the cross-heading immediately preceding it.

Article 20.

In Article 21(2)(a), (b) and (c) the words “and approved by the Department under Article 9”.

Article 21(3).

Article 23.

Article 24(3)(a) and (4).

Articles 27 and 28.

In Article 33(1)(a) the word “or” at the end of head (ii).

Article 33(2).

Article 35(3).

Article 45(3)(a).

Article 59(2).

In Article 59(3), sub-paragraph (b) and the word “or” immediately preceding it.

Article 59(4).

Article 68(2)(c).

In Article 77(11), the words in brackets

Article 90(2)(c).

Article 103(9)(a).

Article 124(2).

Article 125(5).

Article 126(6).

In Article 128(5) and (11) the word “approved”.

In Article 133(3) the word “approved”.

In Article 136(1) and (3) the word “approved”.

In Article 138(1)(c) the words in brackets.

Article 138(3)(a).

In Article 141(5)(a) the words “, or paragraph 1(3)(b) of Schedule 5 to, ”.

Article 143(1)(b) and (2).

Article 146(3), (5) and (6).

Article 148(1)(d).

In Article 148(5) the words “, persons approved by the Department under Article 11(8)”.

Article 149(2)(b).

Article 150(3) and (4).

Article 151(3)(c).

In Article 151(5) in sub-paragraph (b) the words “(including supply teachers)” and sub-paragraph (f).

Article 153(1)(c).

Article 154.

In Article 163 the word “27, ”.

In Article 164(2) the words “27(1) or (2),”.

Article 165(1), (2) and (5).

In Schedule 2, “(A)” where it occurs after any entry in column 2, 3 or 4 and the Note at the end of the Schedule.

In Schedule 3, paragraph 1 and the cross-heading immediately preceding it.

In Schedule 9 the amendment to the Planning (Northern Ireland) Order 1972 and the amendments to the definitions of “supply teacher” and “managers” in Article 2(2) of the 1986 Order and to Articles 11, 12, 18, 21(3), 23(2), 49, 63(2), 113(1) and 116(1) of, and Schedules 5 and 6 to, that Order.

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