The Education Reform(Northern Ireland) Order 1989

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. Interpretation

3. PART II GENERAL DUTY OF THE DEPARTMENT OF EDUCATION

   1. 3. General duty of the Department

4. PART III THE CURRICULUM

   1. Preliminary

      1. 4. Duties with respect to the curriculum

   2. Principal provisions

      1. 5. The curriculum

      2. 6. Compulsory contributory subjects and compulsory assessment

      3. 7. Attainment targets, programmes of study and assessment arrangements

      4. 8. Educational themes

      5. 9. Courses leading to external qualifications

      6. 10. Determination of curriculum policy and of curriculum

      7. 11. Duties with respect to requirements of this Part

   3. Religious education

      1. 12. Religious education

      2. 13. Core syllabus for religious education

   4. Special cases

      1. 14. Development work and experiments

      2. 15. Exceptions by regulations

      3. 16. Pupils with statements of special educational needs

      4. 17. Temporary exceptions for individual pupils

   5. The Northern Ireland Curriculum Council and the Northern Ireland Schools Examinations and Assessment Council

      1. 18. The Northern Ireland Curriculum Council

      2. 19. Functions of the Northern Ireland Curriculum Council

      3. 20. The Northern Ireland Schools Examinations and Assessment Council

      4. 21. Duty to conduct examinations and assessments

      5. 22. Other functions of the Northern Ireland Schools Examinations and Assessment Council

      6. 23. Application of Articles 24 to 27 to both Councils

      7. 24. Work programmes

      8. 25. Grants to the Council

      9. 26. Accounts and audit

      10. 27. Transfer of property and staff to the Council

      11. 28. Abolition of Northern Ireland Schools Examinations Council

   6. Miscellaneous and supplementary

      1. 29. Curriculum advice and support by boards

      2. 30. Duties of inspectors

      3. 31. Provision of information

      4. 32. Keeping, disclosure and transfer of educational records

      5. 33. Complaints

      6. 34. Extension of Articles 9 and 11(1)(d) to senior pupils

      7. 35. Interpretation of Part III

5. PART IV ADMISSION OF CHILDREN TO GRANT-AIDED SCHOOLS

   1. 36. Parental preferences

   2. 37. Appeals against admission decisions

   3. 38. Criteria for admission to grant-aided schools

   4. 39. Restriction on number of registered pupils at a grant-aided school

   5. 40. Determination of admissions number for a school

   6. 41. Requirement to admit pupils in accordance with admissions number

   7. 42. Information as to schools and admission arrangements

   8. 43. Exceptions

   9. 44. Determination of school to be named in school attendance order

   10. 45. Interpretation of Part IV

6. PART V FINANCING SCHOOLS

   1. Financing of controlled and maintained schools

      1. 46. Schemes for financing controlled and maintained schools

      2. 47. Preparation and imposition of schemes

      3. 48. Replacement and variation of schemes

      4. 49. Schemes: determination of budget shares

      5. 50. Schemes: provision for financial delegation

      6. 51. Schemes: making a sum of money available to Boards of Governors which do not have a delegated budget

      7. 52. Provisions supplementary to Articles 50 and 51

      8. 53. Suspension of right of Board of Governors to delegated budget or to have sums of money made available to it

      9. 54. Publication of financial statements

      10. 55. Application of schemes to special schools

      11. 56. Duty on board to make a sum of money available to Board of Governors of special school not covered by a scheme

      12. 57. Financial statements in respect of special schools not covered by statements under Article 54

      13. 58. Financial delegation: staff

      14. 59. Salaries, etc., of teachers in maintained schools

   2. Financing of voluntary grammar schools

      1. 60. Grants to voluntary grammar schools

      2. 61. Financial statements in respect of voluntary grammar schools

   3. Miscellaneous

      1. 62. Charges for educational facilities and services

      2. 63. Interpretation of Part V

7. PART VI INTEGRATED EDUCATION

   1. CHAPTER I GENERAL FUNCTIONS OF DEPARTMENT AND BOARDS

      1. 64. General functions of Department and boards in relation to integrated education

   2. CHAPTER II GRANT-MAINTAINED INTEGRATED SCHOOLS

      1. Duty of Department to maintain grant-maintained integrated schools

         1. 65. Duty of Department to maintain grant-maintained integrated schools

      2. Management of grant-maintained integrated schools

         1. 66. Management of grant-maintained integrated schools

         2. 67. Powers of Board of Governors

      3. Procedure for acquisition of grant-maintained integrated status

         1. 68. Schools eligible for grant-maintained integrated status

         2. 69. Initiation of procedure for acquisition of grant-maintained integrated status by existing school

         3. 70. Ballot of parents

         4. 71. Proposals for acquisition of grant-maintained integrated status

         5. 72. Incorporation of Board of Governors

         6. 73. Effect of pending procedure for acquisition of grant-maintained integrated status

      4. Proposals for alteration, etc. of schools eligible for grant-maintained integrated status

         1. 74. Proposals for alteration, etc. of schools eligible for grant-maintained integrated status

      5. Transfer of property and staff

         1. 75. Transfer of property, etc. to Board of Governors of grant-maintained integrated school

         2. 76. Transfer of staff to grant-maintained integrated school

      6. Financing of grant-maintained integrated schools

         1. 77. Maintenance grants and capital grants

         2. 78. Financial statements

      7. Making of significant change to grant-maintained integrated schools

         1. 79. Significant changes to grant-maintained integrated schools

      8. Discontinuance of grant-maintained integrated schools

         1. 80. Discontinuance by Board of Governors

         2. 81. Withdrawal of grant by Department

      9. Winding up and disposal of property

         1. 82. Winding up

         2. 83. Transfer of school property

         3. 84. Vesting of surplus assets

      10. Miscellaneous and supplementary

          1. 85. Provision of benefits and services for pupils by boards

          2. 86. Variation of instrument of government relating to grant-maintained integrated school

          3. 87. Interpretation (grant-maintained integrated schools)

   3. CHAPTER III CONTROLLED INTEGRATED SCHOOLS

      1. Management of controlled integrated schools

         1. 88. Management of controlled integrated schools

         2. 89. Constitution of Board of Governors for controlled integrated schools

      2. Procedure for acquisition of controlled integrated status

         1. 90. Schools eligible for controlled integrated status

         2. 91. Initiation of procedure for acquisition of controlled integrated status

         3. 92. Proposals for acquisition of controlled integrated status

         4. 93. Effect of pending procedure for acquisition of controlled integrated status

      3. Proposals for alteration, etc. of schools eligible for controlled integrated status

         1. 94. Proposals for alteration, etc. of schools eligible for controlled integrated status

      4. Transfer of property and staff

         1. 95. Transfer of property of voluntary school acquiring controlled integrated status

         2. 96. Transfer of staff

      5. Significant changes to controlled integrated schools

         1. 97. Significant changes to controlled integrated schools

      6. Miscellaneous and supplementary

         1. 98. Variation of instrument of government relating to controlled integrated school

         2. 99. Interpretation (controlled integrated schools)

8. PART VII FURTHER AND HIGHER EDUCATION

   1. Functions of boards with respect to further and higher education

      1. 100. Duty of boards with respect to further education

      2. 101. Powers of boards with respect to higher education

   2. Management of institutions of further education

      1. 102. Management of institutions of further education

      2. 103. Provisions required in instrument of government

      3. 104. Provisions required in articles of government

      4. 105. Planning of, and publication of information with respect to, educational provision in institutions of further education

   3. Further and higher education funding schemes

      1. 106. Schemes for financing by boards of further and higher education

      2. 107. Preparation and imposition of further and higher education funding schemes

      3. 108. Replacement and variation of further and higher education funding schemes

      4. 109. Delegation to governing body of management of institution’s budget share

      5. 110. Further and higher education funding schemes: determination of budget shares

      6. 111. Further and higher education funding schemes: provision for financial delegation

      7. 112. Publication of further and higher education funding schemes

      8. 113. Publication of financial statements

   4. Provisions relating to staff during financial delegation

      1. 114. Delegation of certain powers as to staff

      2. 115. Costs of dismissal, premature retirement or voluntary severance

      3. 116. Application of employment law during financial delegation

   5. Withdrawal of delegated powers

      1. 117. Withdrawal of delegated powers for mismanagement, etc.

   6. Miscellaneous

      1. 118. Regulations as to carrying on of institutions of further education

      2. 119. Supply of goods and services through institutions of further education

   7. Interpretation

      1. 120. Interpretation of Part VII

9. PART VIII SCHOOLS—GENERAL PROVISIONS

   1. CHAPTER I MANAGEMENT OF GRANT-AIDED SCHOOLS

      1. 121. Appointment of parent governors

      2. 122. Co-option of persons to Board of Governors of grant-aided school

      3. 123. Schemes of management

      4. 124. Discipline in grant-aided schools

      5. 125. Annual report of Board of Governors

      6. 126. Annual parents' meeting

   2. CHAPTER II CHARGES IN GRANT-AIDED SCHOOLS

      1. 127. Application of Articles 128 to 131

      2. 128. Prohibition of charges, etc., in certain grant-aided schools

      3. 129. Provision for cases where education is provided partly during and partly outside school hours

      4. 130. Permitted charges

      5. 131. Charges and remissions policies

      6. 132. Capital charges in voluntary grammar schools to which Articles 128 to 131 apply

      7. 133. Charges in voluntary grammar schools to which Articles 128 to 131 do not apply

      8. 134. Charges in respect of excepted pupils

      9. 135. Charges for board and lodging at boarding schools

      10. 136. Obligation to enter pupils for approved public examinations

      11. 137. General and supplementary provisions relating to charges

      12. 138. Interpretation of Chapter II

   3. CHAPTER III COMMUNITY USE OF SCHOOL PREMISES

      1. 139. Community schools

      2. 140. Community use of school premises

10. PART IX THE COUNCIL FOR CATHOLIC MAINTAINED SCHOOLS

    1. 141. The Council for Catholic Maintained Schools

    2. 142. Functions of the Council

    3. 143. Employment of teachers by the Council

    4. 144. Transfer of teachers to employment of Council

    5. 145. Functions of the Council in relation to development proposals

    6. 146. Miscellaneous functions of the Council under the principal Order

11. PART X MISCELLANEOUS AND SUPPLEMENTARY

    1. Training

       1. 147. Further training of teachers in institutions of further education

       2. 148. Information and training for Boards of Governors, governing bodies, etc.

       3. 149. Programmes of training by boards

    2. Miscellaneous

       1. 150. Procedures for carrying out by certain bodies of their activities

       2. 151. Review of performance of teachers

       3. 152. Educational projects by Department

       4. 153. Appointment of teachers

    3. Miscellaneous amendments to the principal Order

       1. 154. Repeal of provisions relating to direct grant voluntary intermediate schools

       2. 155. Definition of “child” for purposes of special education

       3. 156. Compulsory school age

       4. 157. Payment of medical expenses incurred by teachers

       5. 158. Power of Department to give directions

       6. 159. Grants for provision of educational or library services, etc.

       7. 160. Filling of certain casual vacancies in boards

       8. 161. Loans to officers of Staff Commission for purchase of motor cars

    4. Supplementary

       1. 162. Temporary exclusion of section 5 of Data Protection Act 1984

       2. 163. Stamp duty

       3. 164. Regulations and orders

       4. 165. Transitional provisions

       5. 166. Amendments

       6. 167. Repeals

12. Signature

13. SCHEDULES

    1. SCHEDULE 1

       AREAS OF STUDY AND LISTED CONTRIBUTORY SUBJECTS

    2. SCHEDULE 2

       COMPULSORY CONTRIBUTORY SUBJECTS

    3. SCHEDULE 3

       THE NORTHERN IRELAND CURRICULUM COUNCIL AND THE NORTHERN IRELAND SCHOOLS EXAMINATIONS AND ASSESSMENT COUNCIL

       1. Preliminary

          1. 1. References in this Schedule to the Council are references to...

       2. Constitution and status

          1. 2. (1) The Council shall be a body corporate to which,...

          2. 3. (1) The Council shall consist of a chairman and not...

       3. Qualifications of members and tenure of office

          1. 4. (1) A person shall hold and vacate office as a...

       4. Committees

          1. 5. (1) The Council shall appoint a Finance Committee.

       5. Procedure

          1. 6. The proceedings of the Council or of any committee or...

          2. 7. Without prejudice to section 19(1)(a)(v) of the Interpretation Act (Northern...

          3. 8. The common seal of the Council shall, when applied to...

          4. 9. The power of the Council under section 19(1)(a)(iv) of the...

       6. Staff

          1. 10. (1) The right of the Council under section 19(1)(a)(vi) of...

       7. Allowances

          1. 11. The Council may pay to any member of the Council...

       8. Miscellaneous

          1. 12. The Council may, in the exercise of any of its...

    4. SCHEDULE 4

       PROVISIONS RELATING TO THE STAFF OF SCHOOLS WITH DELEGATED BUDGETS

       1. Application of this Schedule

          1. 1. Subject to sub-paragraph (2), this Schedule applies to a school ...

       2. Determination of staff complement

          1. 2. Every school to which this Schedule for the time being ...

       3. Discipline

          1. 3. The regulation of conduct and discipline in relation to the ...

       4. Suspension

          1. 4. In the case of any school to which this Schedule ...

       5. Dismissal, etc.

          1. 5. Where the Board of Governors of any school to which ...

          2. 6. Subject to sub-paragraph (2), the employing authority shall not dismiss ...

       6. Payments in respect of dismissals, resignations, etc.

          1. 7. Subject to sub-paragraph (2), it shall be for the Board ...

       7. School meals staff

          1. 8. Nothing in paragraphs 2 to 7 shall apply in relation ...

       8. Application of employment law

          1. 9. The Department may by order make such modifications in any ...

       9. Interpretation

          1. 10. In this Schedule “employing authority” means— in relation to teachers ...

    5. SCHEDULE 5

       MEMBERSHIP OF BOARD OF GOVERNORS OF GRANT-MAINTAINED INTEGRATED SCHOOLS

       1. 1. The Board of Governors of a grant-maintained integrated school shall ...

       2. 2. Of the voting members of the Board of Governors of ...

       3. 3. The Department may make such provision as it thinks fit ...

       4. 4. The Board of Governors shall, with the approval of the ...

       5. 5. Subject to any transitional provision made by an order under ...

    6. SCHEDULE 6

       TRANSITION TO GRANT-MAINTAINED INTEGRATED STATUS

       1. 1. Where the Department approves a proposal for acquisition of grant-maintained ...

       2. 2. The provision that may be made by an order under ...

       3. 3. The Department may make grants to the new Board of ...

       4. 4. On and after the incorporation date in relation to a ...

       5. 5. The first scheme of management for a grant-maintained integrated school ...

       6. 6. Except as provided in an order under paragraph 1, the ...

    7. SCHEDULE 7

       COURSES OF HIGHER EDUCATION

       1. 1. The descriptions of courses referred to in Article 100(3) are...

       2. 2. For the purposes of paragraph 1(c) a professional examination is...

       3. 3. For the purposes of paragraph 1(d) a course is to...

    8. SCHEDULE 8

       THE COUNCIL FOR CATHOLIC MAINTAINED SCHOOLS

       1. Constitution

          1. 1. The Council shall be a body corporate to which, subject ...

          2. 2. The Council shall consist of— the Archbishop of Armagh or ...

       2. Diocesan education committees

          1. 3. There shall be established a committee of the Council, to ...

       3. Other committees of the Council

          1. 4. The Council may appoint such other committees as it considers ...

       4. Terms of appointment

          1. 5. Subject to sub-paragraph (2), the members of the Council shall ...

       5. Resignation and disqualification

          1. 6. A member of the Council may resign therefrom by giving ...

          2. 7. A person shall be disqualified for being a member of ...

       6. Procedure

          1. 8. The proceedings of the Council shall not be invalidated by ...

          2. 9. Without prejudice to section 19(1)(a)(v) of the Interpretation Act (Northern ...

          3. 10. The common seal of the Council shall, when applied to ...

       7. Staff

          1. 11. The right of the Council under section 19(1)(a)(vi) of the ...

          2. 12. Subject to sub-paragraph (2), this paragraph applies to any person ...

       8. Allowances

          1. 13. The Council may pay to any member of the Council ...

       9. Financial arrangements

          1. 14. The Council shall, at such times, in such form and ...

          2. 15. The Department may pay to the Council in respect of ...

          3. 16. Where any premises in respect of which the Department has ...

          4. 17. The Council shall— keep, in such form as the Department ...

       10. Transfer of assets and liabilities of Interim Council

           1. 18. On the appointed day all the assets and liabilities of ...

       11. Interpretation

           1. 19. References in this Schedule to an Archbishop or a Bishop ...

    9. SCHEDULE 9

       AMENDMENTS

       1. The Exchequer and Financial Provisions Act(Northern Ireland) 1950 (c. 3)

       2. The Commissioner for Complaints Act(Northern Ireland) 1969 (c. 25)

       3. The Planning (Northern Ireland) Order 1972 (NI 17)

       4. The Fair Employment (Northern Ireland) Act 1976 (c. 25)

       5. The Sex Discrimination (Northern Ireland)Order 1976 (NI 15)

       6. The Industrial Relations (No. 2) (Northern Ireland)Order 1976 (NI 28)

       7. The Rates (Northern Ireland) Order 1977 (NI 28)

       8. The Chronically Sick and Disabled Persons(Northern Ireland) Act 1978 (c. 53)

       9. The Education and Libraries (Northern Ireland)Order 1986 (NI 3)

    10. SCHEDULE 10

        REPEALS

14. Explanatory Note