The Education and Libraries (Northern Ireland) Order 2003

PART V N.I. MISCELLANEOUS AND SUPPLEMENTARY

Amendments to the 1986 Order N.I.

Determination of travelling and subsistence allowances N.I.

29.—(1) In Article 79 of the 1986 Order in paragraph (1) (travelling and subsistence payments to members of boards and others to be on such conditions and at such rates as the Department may determine) the words “ , on such conditions and at such rates as the Department may determine, ” shall be omitted.

(2) After that paragraph there shall be inserted—

“(1A) Payments under paragraph (1) shall be made at such rates and on such conditions as may be—

(a) determined by the board; and

(b) approved by the Department.” .

F1 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 Art. 29(3)-(6) repealed (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), s. 7(2)(c), Sch. 4 (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)

Officers of boards N.I.

F2 30.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 Art. 31 repealed (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), s. 7(2)(c), Sch. 4 (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)

Principals on teaching appointments committee N.I.

F2 31.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 Art. 31 repealed (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), s. 7(2)(c), Sch. 4 (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)

Amendments to the 1989 Order N.I.

Programme of training by boards N.I.

32.—(1) Article 149 of the 1989 Order (programmes of training by boards) shall be amended as follows.

(2) In paragraph (1) (board to prepare and submit programme to Department at such times and in such form as the Department may direct) the following shall be omitted—

(a) the words “, at such times and in such form as the Department may direct,”; and

(b) the words “and submit to the Department”.

(3) Paragraph (3) (power of Department to request information in connection with submitted programme) and paragraph (4) (power of Department to approve submitted programme) shall be omitted.

(4) In paragraph (5) (duty to give effect to approved programme) for “approved by the Department” substitute “ prepared by it ”.

(5) For paragraph (6) (revision or amendment of programme) there shall be substituted—

“(6) A board may at any time prepare a revised programme or an amendment to an existing programme; and paragraphs (2) and (5) apply in relation to any such revised programme or amendment as they apply in relation to the original programme.” .

Terms of appointment of members of CCMS N.I.

33.—(1) In paragraph 5 of Schedule 8 to the 1989 Order (terms of appointment of members of Council for Catholic Maintained Schools), sub-paragraph (2) (which provides for certain members of the Council to be appointed at a different time from the other members) shall cease to have effect.

(2) In consequence of paragraph (1), the following provisions of that Schedule shall cease to have effect—

(a) in paragraph 3(11) the words “(except paragraph 5(2))”;

(b) in paragraph 5(1) the words “Subject to sub-paragraph (2),”;

(c) in paragraph 5(3) the words “or (2)” and “or (as the case may be) sub-paragraph (2)”.

(3) The term of office of a person who immediately before the coming into operation of this Article is a member of the Council appointed in accordance with paragraph 5(2) of Schedule 8 to the 1989 Order shall expire on the day preceding that from which the first of the next subsequent appointments made to the Council in accordance with paragraph 5(1) of that Schedule are effective.

Amendments to the 1998 Order N.I.

Provision of secondary education for pupils by institutions of further education N.I.

34.  In Article 83 of the 1998 Order for paragraph (2) there shall be substituted—

“(2) A board may arrange for secondary education to be provided by an institution of further education—

(a) on behalf of the Board of Governors of a grant-aided school in its area, to meet the needs of any registered pupils at the school who are in key stage 4; or

(b) to meet the needs of any child over the age of 14 but under compulsory school age who is resident in its area and is not a registered pupil at any grant-aided school.” .

The General Teaching Council for Northern Ireland: fees and procedures N.I.

35.—(1) Chapter I of Part VI of the 1998 Order (the General Teaching Council for Northern Ireland) shall be amended as follows.

(2) In Article 35(3) (person not to be employed as teacher unless registered) at the beginning there shall be inserted “ Subject to such exceptions as may be provided for by or under regulations, ”.

(3) In Article 36(3)(f)(iii) (procedures in connection with cases of misconduct to be specified in regulations) after the words “specified in” there shall be inserted “ or determined under ”.

(4) After Article 36(4) (regulations to authorise charging of fees by Council in respect of certain matters) there shall be inserted—

“(4A) The Council, in exercising any power to fix fees authorised by virtue of paragraph (4), shall have regard to the expenditure of the Council in exercising—

(a) its functions under this Order relating to registration; and

(b) all other functions conferred on it under this Order or any other statutory provision.” .

Miscellaneous N.I.

Abolition of corporal punishment N.I.

36.—(1) Corporal punishment given by, or on the authority of, a member of staff to a child—

(a) for whom education is provided at any school or institution of further education, or

(b) for whom education is provided, otherwise than at school, under any arrangements made by [F3 the Authority] under Article 86 of the 1998 Order,

[F4 (c) for whom education is provided, otherwise than at a school or institution of further education, in pursuance of arrangements made by the Board of Governors of a school under Article 21 of the Education (Northern Ireland) Order 2006,]

cannot be justified in any proceedings on the ground that it was given in pursuance of a right exercisable by the member of staff by virtue of his position as such.

(2) Paragraph (1) applies to corporal punishment so given to a child at any time, whether at the school, institution or other place at which education is provided for the child, or elsewhere.

(3) In this Article any reference to giving corporal punishment to a child is to doing anything for the purpose of punishing that child (whether or not there are other reasons for doing it) which, apart from any justification, would constitute battery.

(4) However, corporal punishment shall not be taken to be given to a child by virtue of anything done for reasons that include averting—

(a) an immediate danger of personal injury to, or

(b) an immediate danger to the property of,

any person (including the child himself).

(5) In this Article—

• “child” means a person under the age of 18;

• “member of staff”, in relation to the child concerned, means—

  (a)

  any person who works as a teacher at the school, institution or other place at which education is provided for the child, or

  (b)

  any other person who (whether in connection with the provision of education for the child or otherwise)—

  (i)

  works at that school, institution or place, or

  (ii)

  otherwise provides his services there (whether or not for payment),

  and has lawful control or charge of the child.

F3 Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), s. 7(2)(c), Sch. 3 para. 1(1)(a) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)

F4 Art. 36(1)(c) inserted (23.3.2007) by Education (Northern Ireland) Order 2006 (S.I. 2006/1915 (N.I. 11)), arts. 1(4)(c), 44(1), Sch. 2 para. 46; S.R. 2007/197, art. 2(a)

Reports and returns N.I.

37.—(1) A body to which this paragraph applies shall—

(a) make such reports and returns; and

(b) give such information,

to the Department as the Department may reasonably require for the purposes of its functions under any statutory provision.

(2) Paragraph (1) applies to—

(a) [F3 the Authority] ;

(b) the trustees of a school;

(c) the Board of Governors of a grant-aided school;

(d) the proprietor of an independent school;

(e) the Council for Catholic Maintained Schools;

F5 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) the Northern Ireland Council for the Curriculum, Examinations and Assessment.

(3) A body to which this paragraph applies shall—

(a) make such reports and returns; and

(b) give such information,

to [F3 the Authority] as [F3 the Authority] may reasonably require for the purposes of its functions under any statutory provision.

(4) Paragraph (3) applies to—

(a) the trustees of a school;

(b) the Board of Governors of a grant-aided school; and

(c) the proprietor of an independent school.

(5) [F6 The Authority] shall—

(a) make such reports and returns; and

(b) give such information,

to the Department of Culture, Arts and Leisure as that Department may reasonably require for the purposes of its functions under any statutory provision.

F7 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) A body to which this paragraph applies shall—

(a) make such reports and returns; and

(b) give such information,

to the Department for Employment and Learning as that Department may reasonably require for the purposes of its functions under any statutory provision.

(8) Paragraph (7) applies to—

F8 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the managers of a college of education;

(c) the governing body of a university; and

(d) the Northern Ireland Council for the Curriculum, Examinations and Assessment.

(9) In Article 21 of the Further Education (Northern Ireland) Order 1997 (NI 15) in paragraph (1)(b) (duty of governing body of institution of further education to provide information to [F3 the Authority] for the purposes of its functions under the Education Orders) for the words “the Education Orders” there shall be substituted “ any statutory provision ”.

F3 Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), s. 7(2)(c), Sch. 3 para. 1(1)(a) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)

F5 Art. 37(2)(f) repealed (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), s. 7(2)(c), Sch. 4 (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)

F6 Words in art. 37(5) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), s. 7(2)(c), Sch. 3 para. 22 (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)

F7 Art. 37(6) repealed (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), s. 7(2)(c), Sch. 4 (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)

F8 Art. 37(8)(a) repealed (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), s. 7(2)(c), Sch. 4 (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)

Annual report of boards N.I.

F9 38.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 Art. 38 repealed (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), s. 7(2)(c), Sch. 4 (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)

Supplementary provisions N.I.

Regulations N.I.

39.—(1) Regulations under this Order shall be subject to negative resolution.

(2) Regulations under this Order may contain such incidental, supplementary and transitional provisions as appear to the Department to be appropriate.

Article 40—Amendments and repeals