The Education Reform (Northern Ireland) Order 1989

Application of Articles 128 to 131 N.I.

127.—(1) Subject to paragraphs (2) to (5) [F1 and Article 137(7)], Articles 128 to 131 apply to all grant‐aided schools.

[F2 (2) Articles 128 to 131 do not apply to a voluntary grammar school if no agreement with the Department is, or has at any time on or after 1st April 1992 been, in force in relation to the school under paragraph 1(1) of Schedule 6 to the 1986 Order.

(3) The application of those Articles to certain other voluntary grammar schools is subject to Articles 132 and 132A.]

(4) Those Articles[F2 do not apply] to a grammar school in relation to an excepted pupil, that is to say—

(a) any pupil who is not resident in Northern Ireland;

(b) any pupil whose parents are[F2 neither resident in Northern Ireland nor] nationals of a member State;

(c) in the case of a grammar school having a preparatory department, any pupil in that department of the school;

(d) any pupil who—

(i) was admitted to the grammar school or, in the case of a grammar school having a preparatory department, admitted to the secondary department of the grammar school before the appointed day; and

[F2 (ii) on 31st March 1992 was a specified pupil, as defined by regulation 4(c) of the Grammar Schools (Fees) Regulations (Northern Ireland) 1990 (as in operation on that date).]

[F3 (4A) Those Articles do not apply to a special school in relation to a pupil admitted to the school in accordance with arrangements under Article 22 of the Education and Libraries (Northern Ireland) Order 2003.]

(5) [F4 In relation to a grammar school, the Authority] may, in accordance with arrangements approved by the Department, direct that a pupil registered at the school who is an excepted pupil solely by reason of falling within paragraph (4)(d) shall cease to be an excepted pupil; and, accordingly, Articles 128 to 131 shall apply in relation to any pupil in respect of whom such a direction is given.

(6) In paragraph (4)(b) “national”, in relation to a member State, means the same as in the Community Treaties, but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services.

F1 1993 NI 12

F2 1993 NI 12

F3 2003 NI 12

F4 Words in art. 127(5) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 11(13) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)