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The Further Education (Northern Ireland) Order 1997

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Resolution of disputesF2N.I.

F2functions transf. by SR 1999/481

5.—(1) Where it appears to [F1the Authority] or the former governing body of an institution of further education that it is unlikely, in the case of any matter in respect of which an agreement is required to be arrived at under paragraph 4, that an agreement will be arrived at, [F1the Authority] or governing body may refer the matter to the Department.N.I.

(2) Where a matter is so referred, the Department shall, after consulting [F1the Authority] and any former governing body required to arrive at such an agreement, determine the matter.

(3) The Department shall issue a determination to [F1the Authority] and any former governing body required to arrive at such an agreement and may include in such determination any provision which could have been included in an agreement or other instrument made under paragraph 4.

(4) A determination made under this paragraph shall have effect for all purposes as if it were an agreement made under paragraph 4.

(5) [F1The Authority] and the former governing body shall provide the Department with such information, including all documents relating to estates in land, as the Department may require for the purposes of the exercise of its functions under this paragraph.

(6) Where [F1the Authority] and a former governing body have failed to arrive at an agreement under paragraph 4 before the transfer date and neither of them has referred the matter in respect of which the agreement is required to the Department under sub-paragraph (1), the Department may act under this paragraph as if the matter had been referred to it under that sub-paragraph.

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