Coronavirus Act 2020

PART 3 Northern Ireland

Schools

14 (1) The Department may give a temporary closure direction that applies to—

(a) one or more named schools in Northern Ireland;

(b) all schools in Northern Ireland (or any part of Northern Ireland);

(c) schools in Northern Ireland (or any part of Northern Ireland) of a particular description.

(2) A temporary closure direction under this paragraph is a direction that—

(a) requires the managers of the school or schools to which it applies to take reasonable steps to secure that persons do not, for a specified period, attend premises of the school for purposes connected with the school, and

(b) in the case of a direction that applies to a boarding school (whether or not it applies also to other schools), provides for pupils for whom boarding accommodation is provided to be confined in their boarding accommodation for a specified period.

(3) Before giving a direction under this paragraph, the Department—

(a) must have regard to any advice from the Chief Medical Officer or any of the Deputy Chief Medical Officers of the Department of Health in Northern Ireland relating to the incidence or transmission of coronavirus, and

(b) must be satisfied that giving the direction is a necessary and proportionate action in response to the incidence or transmission of coronavirus.

(4) A temporary closure direction under this paragraph, may—

(a) require the taking of reasonable steps in general terms, or require the taking of particular steps that the Department considers reasonable, in relation to any of the matters mentioned in the following paragraphs;

(b) relate to attendance of persons generally, or to attendance by specified persons;

(c) relate to premises generally, or to specified premises or parts of premises;

(d) relate to attendance for purposes connected with a school generally, or to attendance for specified purposes;

(e) otherwise make different provision for different purposes, or be framed by reference to whatever matters the Department considers appropriate;

(f) make transitional, transitory or saving provision;

(g) make such other provision as the Department considers appropriate in connection with the giving of the direction.

(5) Subject to sub-paragraph (6), the Department must publish a temporary closure direction under this paragraph.

(6) Where a direction relates to a person specified by name—

(a) the Department must give a copy of the direction to that person, and

(b) the published version of the direction must not identify any individual without their consent.

(7) A temporary closure direction under this paragraph has effect until the earlier of—

(a) the end of the period specified under sub-paragraph (2), or

(b) the revocation of the direction by a further direction given by the Department under this paragraph.

(8) The managers of a school to which a temporary closure direction under this paragraph applies must have regard to any guidance given by the Department about how to comply with that direction.

(9) The duty of the managers of a school to comply with a temporary closure direction under this paragraph is enforceable against those managers by the Department making an application to the High Court or a county court for an injunction.

(10) An application under sub-paragraph (9) may be made without notice being given to the managers of the school.

(11) Where a temporary closure direction under this paragraph applies to a school, there is no breach of the following duties to the extent that a failure to satisfy the terms of the duty is attributable to the direction—

(a) the duty under Article 45(1) of the 1986 Order (duty of parents to secure full-time education of children of compulsory school age by attendance at school or otherwise);

(b) the duties under Articles 58 and 59 of the 1986 Order (duties on the Education Authority, the trustees or Board of Governors of a voluntary grammar school and the Board of Governors of a grant-maintained integrated school to provide milk, meals and related facilities);

(c) the duty under paragraph 1(4) of Schedule 13 to the 1986 Order (duty of managers of grant-aided school to admit child in accordance with attendance order);

(d) the duty under paragraph 3(1) of Schedule 13 to the 1986 Order (duty of parent of registered pupil to secure pupil’s regular attendance at school of registration);

(e) the duty under Article 86 of the Education (Northern Ireland) Order 1998 (S.I. 1998/1759 (N.I. 13)) (duty of Education Authority to make arrangements for exceptional provision of education);

(f) the duties under regulations 14 and 15 of the Primary Schools (General) Regulations (Northern Ireland) 1973 (S.R. & O. (N.I.) 1973 No.402) and regulations 11 and 12 of the Secondary Schools (Grant Conditions) Regulations (Northern Ireland) 1973 (S.R. & O. (N.I.) 1973 No.403) (terms and days of operation of school and dates of school holidays, etc).

(12) For the purposes of Article 45(2) of, and paragraphs 1 and 4 of Schedule 13 to, the 1986 Order, a child cannot be taken to have failed to attend regularly at a school where that failure is attributable to a temporary closure direction under this paragraph.

(13) In this paragraph—

• “the 1986 Order” means the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3));

• “child”, “managers” and “school” have the meaning given in the 1986 Order;

• “the Department” means the Department of Education in Northern Ireland;

• “specified” means specified in a temporary closure direction under this paragraph, or falling within a description specified in a temporary closure direction under this paragraph.

Institutions of further and higher education

15 (1) The Department may give a temporary closure direction that applies to—

(a) one or more named relevant institutions in Northern Ireland;

(b) all relevant institutions in Northern Ireland (or any part of Northern Ireland);

(c) relevant institutions in Northern Ireland (or any part of Northern Ireland) of a particular description.

(2) A temporary closure direction under this paragraph is a direction that requires the governing body of a relevant institution to which it applies to take reasonable steps to secure that persons do not, for a specified period, attend premises of the institution for purposes connected with the institution.

(3) Before giving a direction under this paragraph the Department—

(a) must have regard to any advice from the Chief Medical Officer or any of the Deputy Chief Medical Officers of the Department of Health in Northern Ireland relating to the incidence or transmission of coronavirus, and

(b) must be satisfied that giving the direction is a necessary and proportionate action in response to the incidence or transmission of coronavirus.

(4) A temporary closure direction under this paragraph may—

(a) require the taking of reasonable steps in general terms, or require the taking of particular steps that the Department considers reasonable, in relation to any of the matters mentioned in the following paragraphs;

(b) relate to attendance of persons generally, or to attendance by specified persons;

(c) relate to premises generally, or to specified premises or parts of premises;

(d) relate to attendance for purposes connected with a relevant institution generally, or to attendance for specified purposes;

(e) otherwise make different provision for different purposes, or be framed by reference to whatever matters the Department considers appropriate;

(f) make transitional, transitory or saving provision;

(g) include such other provision as the Department considers appropriate in connection with the giving of the direction.

(5) Subject to sub-paragraph (6), the Department must publish a temporary closure direction under this paragraph.

(6) Where a direction relates to a person specified by name—

(a) the Department must give a copy of the direction to that person, and

(b) the published version of the direction must not identify any individual without their consent.

(7) A temporary closure direction under this paragraph has effect until the earlier of—

(a) the end of the period specified under sub-paragraph (2), or

(b) the revocation of the direction by a further direction given by the Department under this paragraph.

(8) The governing body of an institution to which a temporary closure direction under this paragraph applies must have regard to any guidance given by the Department about how to comply with that direction.

(9) The duty of a governing body of an institution to comply with a temporary closure direction under this paragraph is enforceable against that body by the Department making an application to the High Court or a county court for an injunction.

(10) An application under sub-paragraph (9) may be made without notice being given to the governing body of the institution.

(11) In this paragraph—

• “the 1993 Order” means the Education and Libraries (Northern Ireland) Order 1993 (S.I. 1993/2810 (N.I. 12));

• “the Department” means the Department for the Economy in Northern Ireland;

• “appropriate person”, in relation to a relevant institution, means—

  (a)

  an individual whose name is provided by the institution to the Department for the purposes of this paragraph;

  (b)

  if no individual is named under paragraph (a)—

  (i)

  in the case of a further education institution or a college of education, the principal;

  (ii)

  in the case of a university, the vice-chancellor;

  (iii)

  in the case of the Open University, the Director;

• “governing body”, in relation to a higher education institution, has the same meaning as in Article 30 of the 1993 Order;

• “premises”, in relation to a relevant institution, means any premises which are regularly attended by persons in order to receive services provided by the institution;

• “relevant institution” means—

  (a)

  a further education institution recognised by the Department under Article 8 of the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)), or

  (b)

  a higher education institution within the meaning of Article 30 of the 1993 Order;

• “specified” means specified in a temporary closure direction under this paragraph, or falling within a description specified in a temporary closure direction under this paragraph.

Childcare providers

16 (1) The Department may give a temporary closure direction that applies to—

(a) one or more named persons registered under Article 118 of the 1995 Order (child minders and those who provide day care);

(b) all persons registered under that Article in Northern Ireland (or any part of Northern Ireland);

(c) persons registered under that Article of a particular description in Northern Ireland (or any part of Northern Ireland).

(2) A temporary closure direction under this paragraph is a direction that requires any person to whom it applies to take reasonable steps to secure that persons do not, for a specified period, attend the premises with respect to which the person is registered, for purposes connected with the provision of child minding or day care.

(3) Before giving a direction under this paragraph, the Department—

(a) must have regard to any advice from the Chief Medical Officer or any of the Deputy Chief Medical Officers of the Department of Health in Northern Ireland relating to the incidence or transmission of coronavirus, and

(b) must be satisfied that giving the direction is a necessary and proportionate action in response to the incidence or transmission of coronavirus.

(4) A temporary closure direction under this paragraph, may—

(a) require the taking of reasonable steps in general terms, or require the taking of particular steps that the Department considers reasonable, in relation to any of the matters mentioned in the following paragraphs;

(b) relate to attendance of persons generally, or to attendance by specified persons;

(c) relate to premises generally, or to specified premises or parts of premises;

(d) relate to attendance for purposes connected with the provision of day care or child minding generally, or to attendance for specified purposes;

(e) otherwise make different provision for different purposes, or be framed by reference to whatever matters the Department considers appropriate;

(f) make transitional, transitory or saving provision;

(g) make such other supplementary provision as the Department considers appropriate in connection with the giving of the direction.

(5) Subject to sub-paragraph (6), the Department must publish a temporary closure direction under this paragraph.

(6) Where a direction relates to a person specified by name—

(a) the Department must give a copy of the direction to that person, and

(b) the published version of the direction must not identify any individual without their consent.

(7) A temporary closure direction under this paragraph has effect until the earlier of—

(a) the end of the period specified under sub-paragraph (2), or

(b) the revocation of the direction by a further direction given by the Department under this paragraph.

(8) A person registered under Article 118 of the 1995 Order must have regard to any guidance given by the Department about how to comply with a temporary closure direction under this paragraph.

(9) The duty of a person registered under Article 118 of the 1995 Order to comply with a direction under this paragraph is enforceable against that person by the Department making an application to the High Court or a county court for an injunction.

(10) An application under sub-paragraph (9) may be made without notice being given to the registered person.

(11) There is no breach of a duty under the following Articles to the extent that a failure to satisfy the terms of the duty is attributable to a temporary closure direction under this paragraph—

(a) Article 19(2) or (5) of the 1995 Order (duties to provide care or supervised activities for children in need);

(b) Article 130(4) of the 1995 Order (duty to inspect premises at least once every year).

(12) In this paragraph—

• “the 1995 Order” means the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2));

• “authority”, “child minding” and “day care” have the same meaning as in the 1995 Order;

• “the Department” means the Department of Health in Northern Ireland;

• “specified” means specified in a temporary closure direction under this paragraph, or falling within a description specified in a temporary closure direction under this paragraph.