http://www.legislation.gov.uk/nisi/1997/1772/contentsThe Further Education (Northern Ireland) Order 1997texttext/xmlenStatute Law Database2017-09-06Expert Participation2016-11-29The Further Education (Northern Ireland) Order 1997Sch. 4Planning Act (Northern Ireland) 2011Planning Act (Northern-Ireland) 2011Sch. 7s. 211s. 254(1)(2)art. 3Sch. 1Sch. 2The Further Education (Northern Ireland) Order 1997 Introductory Title and commencement (1) This Order may be cited as the Further Education...Introductory1Title and commencement2Interpretation3Definition of “further education”Duties and powers of the Department4Powers of Department in relation to further education5Funding of further education6Establishment of new institution of further education7Amalgamations of institutions of further education8Recognition of institutions of further education9Discontinuance of institution of further educationTransfer of management of institutions of further education10Transfer of management of institutions of further education from boards to incorporated governing bodiesGoverning bodies – constitution, etc.11Constitution of governing body and conduct of institution12Making and amendment of instruments of government and articles of governmentDuties and powers of governing bodies13General duties of governing bodies14Principal powers of governing body15Restrictions on exercise of principal powers of governing body16Provision of higher education by institutions of further educationConduct of institutions of further education17Regulations as to carrying on of institutions of further education17AProvision of information18Efficiency reviewsAccounts, reports, information, etc.19Accounts of governing body20Development plans21Reports, returns and information22Information as to provision of further educationFunctions of boards in relation to institutions of further education23Functions of boards in relation to institutions of further educationSupplementary24Regulations and ordersArt. 25—Amendments and repeals SCHEDULESSCHEDULE 1COURSES OF HIGHER EDUCATION1The descriptions of courses referred to in the definition of “higher education” in Article 2(2)...2For the purposes of paragraph 1(c) a professional examination is at higher level if its...3For the purposes of paragraph 1(d) a course is to be regarded as providing education...SCHEDULE 2TRANSFER OF MANAGEMENT OF INSTITUTIONS OF FURTHER EDUCATIONInterpretation1In this Schedule— “former governing body”, in relation to an institution of further education, means...Transfer of certain property, rights and liabilities2(1) Subject to the following provisions of this Schedule, on the transfer date there shall...Apportionment of certain property, rights and liabilities3(1) The land, other property, rights and liabilities mentioned in paragraph 2(5) or (6) shall,...Identification of properly, rights and liabilities for purposes of transfer4(1) In respect of each institution of further education, the relevant board and the former...Resolution of disputes5(1) Where it appears to the Authority or the former governing body of an institution...Right to production of documents of title6(1) Where any land or other property is, or rights or liabilities are, transferred to...Third parties affected by transfer7(1) Any transfer of land or other property, rights or liabilities from the Authority to...Agreements concerning functional work8(1) Where, immediately before the transfer date, arrangements exist for the carrying out by the...Transfer of staff9(1) Subject to sub-paragraphs (8) to (10), this paragraph applies to any person who immediately...Restrictions on boards entering into contracts10(1) This paragraph applies to any contract which— (a) is entered into by the Authority...Construction of agreements11(1) Where any rights or liabilities transferred under this Schedule are rights or liabilities under...Enforcement of transferred rights, etc.12(1) Without prejudice to the generality of paragraph 11, the transferee under a transfer made...Certification of transfer by Department13A certificate issued by the Department and stating that any land or other property specified...Provision of information to new governing bodies14The relevant board shall as soon as reasonably practicable after the transfer date provide to...Stamp duty15Stamp duty shall not be chargeable in respect of any agreement made or transfer effected...Attribution of surpluses and deficits16(1) Not later than such date as the Department may direct, the relevant board and...Power to amend trust deeds, etc.17(1) The Department may by order make such modifications as it thinks fit in any...Amendment of memorandum or articles of association of certain companies18(1) This paragraph applies to a company formed by the former governing body of an...Power to make further provision in relation to transfers19(1) The Department may by order make such further provision as appears to the Department...Powers of former governing bodies20(1) The former governing body of an institution of further education shall have such of...SCHEDULE 3GOVERNING BODIES OF INSTITUTIONS OF FURTHER EDUCATIONStatus and name (1) (1) The governing body of an institution of further education shall...Status and name1(1) The governing body of an institution of further education shall not— (a) be regarded...Membership2(1) The instrument of government of an institution of further education shall provide for the...Chairman and other officers3(1) The instrument of government of an institution of further education shall provide for— (a)...Eligibility and tenure of office4(1) Subject to sub-paragraph (2), the instrument of government of an institution of further education...Payments to members5(1) The articles of government of an institution of further education may provide, for the...Proceedings6(1) Subject to any provision made by the articles of government of an institution of...Committees, etc.7(1) The articles of government of an institution of further education— (a) shall provide for...Delegation of functions8The articles of government of an institution of further education may provide for the delegation...Evidence of documents9(1) In any legal proceedings a document purporting— (a) to be a document made or...Staff10(1) The articles of government of an institution of further education shall make provision for...Schedule 4—AmendmentsSchedule 5—Repeals1997 No. 1772 (N.I. 15)The Further Education (Northern Ireland) Order 1997 F122nd July 1997Annotations:Amendments (Textual)F1functions transf. by SR 1999/481
functions transf. by SR 1999/481