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The Education (Northern Ireland) Order 1996

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This is the original version (as it was originally made).

Direction to admit child to specified school

42.—(1) A board may give a direction under this Article if, in the case of any child in its area, one or both of the following conditions is satisfied in relation to each school which is a reasonable distance from his home and provides suitable education, that is—

(a)he has been refused admission to the school; or

(b)he has been expelled from the school.

(2) A direction given under this Article by a board shall specify a grant-aided school—

(a)which is a reasonable distance from the child’s home, and

(b)from which the child has not been expelled.

(3) Where a grant-aided school is specified in a direction under this Article, the Board of Governors shall admit the child to the school.

(4) Paragraph (3) does not affect any power to suspend or expel from a school a pupil who is already a registered pupil there.

(5) Before giving a direction under this Article, a board shall consult—

(a)the parent of the child,

(b)the Board of Governors of the school it proposes to specify in the direction,

(c)if that school is in the area of another board, the board for that area, and

(d)if that school is a Catholic maintained school, the Council for Catholic Maintained Schools.

(6) Where a board gives a direction under this Article specifying a school, it shall give notice in writing of that fact to the Board of Governors of the school.

(7) In this Article—

“school” does not include a special school;

“suitable education”, in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.

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