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Education (Northern Ireland) Order 1998

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This is the original version (as it was originally made).

The certification requirements

2.—(1) In this Schedule “the certification requirements”, in relation to a contract entered into by a board, means the requirements specified in sub-paragraphs

(2) to (4).

(2) The requirement specified in this sub-paragraph is that the board must have issued a certificate (whether before or after the contract is entered into)—

(a)including details of the period for which the contract operates or is to operate;

(b)describing the purpose of the contract;

(c)containing a statement that the contract is or is to be a contract falling within sub-paragraph (5) or (6);

(d)stating that the board had or has power to enter into the contract and specifying the statutory provision, or each of the statutory provisions, conferring the power;

(e)stating that a copy of the certificate has been or is to be given to each person to whom a copy is required to be given by regulations;

(f)dealing in a manner prescribed by regulations with any matters required by regulations to be dealt with in certificates under this paragraph; and

(g)confirming that the board has complied with or is to comply with any requirement imposed by regulations with respect to the issue of certificates under this paragraph.

(3) The requirement specified in this sub-paragraph is that the board must have secured that the certificate is signed by any person who is required by regulations to sign it.

(4) The requirement specified in this sub-paragraph is that the board must have obtained consent to the issue of a certificate under this paragraph fromeachof the persons with whomthe board has entered, or is to enter, into the contract.

(5) A contract entered into by a board falls within this sub-paragraph if—

(a)it is entered into with another person for the provision or making available of services (whether or not together with assets) for the purposes of, or inconnectionwith, the discharge bythe board of any of its functions; and

(b)it operates, or is intended to operate, for a period of at least 5 years.

(6) Acontract entered into by a board falls within this sub-paragraph if it is entered into, in connection with a contract falling within sub-paragraph (5), with—

(a)a person who, in connection with that contract, makes a loan to, or provides any other form of finance for, a party to that contract other than the board; or

(b)any insurer of or trustee for such a person.

(7) The Department may by regulations subject to affirmative resolution amend sub-paragraph (5) or (6).

(8) Where the certification requirements have been satisfied in relation to a contract by a board, the certificate which has been issued shall have effect (andbe deemed always to have had effect) as if the board had had power to issue it (and had exercised that power properly in issuing it); and a certificate which has been so issued is not invalidated by reason that anything in the certificate is inaccurate or untrue.

(9) Where the certification requirements have been satisfied in relation to a contract by a board, the board shall secure that throughout the period for which the contract operates—

(a)a copy of the certificate which has been issued is open to inspection by members of the public at all reasonable times without payment; and

(b)members of the public are afforded facilities for obtaining copies of that certificate on payment of a reasonable fee.

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