The Education and Libraries (Northern Ireland) Order 1986

PART X N.I. MISCELLANEOUS AND GENERAL

Transfer of certain institutions to Department N.I.

127.—(1) Any person managing an institution to which the [1854 c. 112] Literary and Scientific Institutions Act 1854 applies may, whether or not the land on which such institution is situated is vested in him, make an arrangement under Schedule 9 for the transfer of the institution to the Department and the Department may assent and give effect to any such arrangement.

(2) For the purposes of paragraph (1), Schedule 9 shall have effect as if references to a school included references to an institution to which the Literary and Scientific Institutions Act 1854 applies.

(3) The Department may transfer to a board any institution transferred to it under this Article.

Use of land provided or maintained under this Order N.I.

128.  Land provided or maintained for any of the purposes of [F1 the Education Orders] may be used for any of the other purposes of[F1 the Education Orders] or for any of the purposes of the[F2 Recreation and Youth Service (Northern Ireland) Order 1986][F3 Youth Service (Northern Ireland) Order 1989].

F1 1989 NI 20

F2 1986 NI 25

F3 1989 NI 22

Publication of notices N.I.

129.—(1) Notices and other matters required to be published under [F4 the Education Orders] shall, when no particular method is provided or indicated, be published either by advertisement in newspapers, or in such other manner as the Department may either generally or with respect to any particular area, place or notice, or class of area, place or notice, direct as being in its opinion sufficient for giving information to all persons interested.

(2) If any person wilfully removes, injures or defaces any notice exhibited in pursuance of[F4 the Education Orders] he shall, in respect of each offence, be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

F4 1989 NI 20

Service of notices on, and authentication of notices by, boards N.I.

130.—(1) Without prejudice to section 24 of the [1954 c. 33 (N.I.)] Interpretation Act (Northern Ireland) 1954, any notice, order or other document required to be served on or sent to a board under [F5 the Education Orders] may be served or sent by giving it to the[F5 chief executive] of the board or sending it to or delivering it at the headquarters of the board.

(2) Any notice, order or other document requiring authentication by a board may be authenticated by the[F5 chief executive] of the board or another officer of the board authorised in that behalf by the board.

F5 1989 NI 20

Evidence of documents N.I.

131.  In any legal proceedings, a document purporting to be—

(a) a document issued by a board and to be signed by the[F6 chief executive] of the board or by any other officer of the board authorised to sign it;

(b) an extract from the minutes of the proceedings at any meeting of the[F7 Board of Governors of a grant‐aided school and to be signed by the chairman or secretary of the Board of Governors];

(c) a certificate giving particulars of the attendance of a child at a school and to be signed by the principal of the school; or

(d) a certificate issued by a medical officer and to be signed by such an officer;

shall be received in evidence and shall, unless the contrary is proved, be deemed to be the document which it purports to be, and to be signed by the person by whom it purports to have been signed without proof of his identity, signature or official capacity, and such extract or certificate as is mentioned in paragraph (b), (c) or (d) shall be evidence of the matters stated therein.

F6 1989 NI 20

F7 1987 NI 2

[F8 Exceptions for schools established in hospitals N.I.

131A.— (1) The provisions of this Order listed in paragraph (2) shall not apply in relation to a school established in a hospital.

(2) The provisions referred to in paragraph (1) are Articles 18, 21, 22, 48, 49, 58, 60 and 61.]

F8 1993 NI 12

Amendments N.I.

132.—(1) A reference in any enactment to a local education authority shall unless this Order or the context of the enactment otherwise requires be construed as a reference to a board.

Para. (2)—Amendments

Transitional and saving provisions N.I.

133.—(1) The transitional provisions set out in Schedule 19 shall have effect.

[F9 (2) No power or duty conferred or imposed by this Order on the Department or boards or parents shall be construed as relating to any person who is detaimed in pursuance of an order made by any court.]

F9 1987 NI 2

Regulations N.I.

134 .F10 —F11 (1) The Department may make all such regulations as it is required or empowered to make under[F12 the Education Orders] or as appear to it to be necessary or proper for giving full effect to[F12 the Education Orders].

(2) All regulations under this Order shall be subject to negative resolution.

F10 certain functions transf. by SR 1999/481

F11 for certain purposes functions transf. by SR 2001/229

F12 1993 NI 12

Article 135—Repeals