21.—(1) The Board of Governors of a grant-aided school may enter into arrangements to secure the provision of secondary education on behalf of the school by—
(a)any other grant-aided school;
(b)any institution of further education;
(c)any other person or body approved by the Department and appearing to the Board of Governors to be qualified and equipped to provide that education.
(2) Arrangements under this Article—
(a)shall be in writing;
(b)shall be made—
(i)in the case of arrangements under paragraph (1)(a), with the Board of Governors of the other grant-aided school;
(ii)in the case of arrangements under paragraph (1)(b), with the governing body of the institution of further education;
(iii)in the case of arrangements under paragraph (1)(c), with the person or body in question;
(c)may be varied from time to time;
(d)may include such terms and conditions as the Board of Governors think necessary or appropriate, including terms and conditions—
(i)as to any charges to be paid by the Board of Governors;
(ii)as to the nature and quality of the secondary education to be provided under the arrangements;
(iii)as to the provision to the Board of Governors of such reports and other information and the carrying out on behalf of the Board of Governors of such actions as will facilitate or assist the Board of Governors in carrying out any statutory duty in relation to the pupils to whom the arrangements relate;
(iv)designed to safeguard the welfare of such pupils, to protect such pupils from abuse or to provide for discipline among such pupils.
(3) In determining—
(a)whether to enter into any arrangements under this Article; and
(b)the terms and conditions on which to enter any such arrangements,
a Board of Governors shall take account of such guidance as may from time to time be issued by the Department.
(4) In Article 14 (1) of the Further Education (Northern Ireland) Order 1997 (principal powers of governing body of institution of further education) for sub-paragraph (aa) substitute—
“(aa)to provide secondary education—
(i)for registered pupils of a grant-aided school in accordance with arrangements entered into under Article 21 of the Education (Northern Ireland) Order 2006;
(ii)for children who are not registered pupils at any grant-aided school in accordance with arrangements entered into with a board under Article 83(2)(b) of the Education (Northern Ireland) Order 1998”.