Education (Northern Ireland) Order 1998 No. 1759 (NI. 13)

PART IV N.I. PERFORMANCE AND MANAGEMENT OF SCHOOLS

Limits on class sizes in [F1 foundation stage and] key stage 1 N.I.

16.—(1) This Article applies to pupils at a primary school who are in [F2 foundation stage and] key stage 1.

(2) The Board of Governors of a primary school shall not cause or permit the number of pupils in a class at any time to exceed the statutory limit.

(3) In this Article—

• “the statutory limit”, in relation to any description of pupils, means the number for the time being prescribed in relation to pupils of that description;

• “class”, in relation to the statutory limit for any description of pupils, means a teaching group in which—

  (a)

  pupils of that description are regularly taught; and

  (b)

  the majority of pupils are pupils of that description.

(4) Paragraph (2) shall not apply to a school in such cases or circumstances as [F3 the Authority] may direct.

(5) Regulations may require [F3 the Authority] in exercising its powers under paragraph (4) to have regard to such matters as may be prescribed.

(6) Before exercising its powers under paragraph (4) in relation to a school, [F3 the Authority] shall consult—

(a) such bodies or persons as may be prescribed; and

(b) where the school is a Catholic maintained school, the Council for Catholic Maintained Schools.

(7) It shall be the duty of [F4 the Authority to exercise its] functions with a view to ensuring that the Boards of Governors of grant-aided schools are in a position to fulfil their duty under this Article.

(8) In Article 12(2) of the [1997 NI 5.] Education (Northern Ireland) Order 1997 (determination of admissions number for school) at the end add

“and

(c) the requirements of Article 16 of the Education (Northern Ireland) Order 1998 (limit on class sizes)” .

F1 Words in art. 16 heading inserted (1.8.2006) by Education (Northern Ireland) Order 2006 (S.I. 2006/1915 (N.I. 11)), arts. 1(2), 44(1), Sch. 2 para. 17

F2 Words in art. 16(1) inserted (1.8.2006) by Education (Northern Ireland) Order 2006 (S.I. 2006/1915 (N.I. 11)), arts. 1(2), 44(1), Sch. 2 para. 17

F3 Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 1(1)(a) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)

F4 Words in art. 16(7) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 20(1) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)

Modifications etc. (not altering text)

C1 Art. 16(2) power to disapply or modify conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 17 (with ss. 88-90)

C2 Art. 16(2) expiry of earlier affecting provision 2020 c. 7, Sch. 16 para. 17 (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)