Provision of food and clothingN.I.
Provision of milk, meals and related facilitiesN.I.
58.—(1) A board shall, in accordance with arrangements approved by the Department, provide—
(a)milk, meals or other refreshment for pupils of such description as the Department may determine in attendance at grant-aided schools, other than voluntary grammar schools[F1 and grant‐maintained integrated schools] F1... ;
(b)such facilities as the Department may determine for the consumption of any meals or other refreshment brought to the school by pupils.
Para. (2) rep. by 1997 NI 15
(3) A board may, with the consent of the proprietor of any independent school F2..., and on such financial and other terms, if any, as may be agreed between [F3the Authority] and the proprietor of the school, make arrangements for securing the provision of milk, meals or other refreshment for pupils in attendance at the school but any such arrangements shall be such as to secure, so far as is practicable, that the expense incurred by [F3the Authority] in connection with the provision under the arrangements of any service or article shall not exceed the expense which would have been incurred by it in the provision thereof if the pupil had been a pupil at a grant-aided school.
(4) A board may, in accordance with arrangements approved by the Department, provide milk, meals or other refreshment for persons (including pupils) of such description as the Department may determine not being pupils for whom [F3the Authority] is required to make provision under paragraph (1) or may make provision under paragraph F4 ... (3).
(5) The trustees or Board of Governors of a voluntary grammar school [F1 and the Board of Governors of a grant-maintained integrated school] F1 ... shall, in accordance with arrangements approved by the Department, provide—
(a)milk, meals or other refreshment for pupils of such description as the Department may determine in attendance at the school;
(b)such facilities as the Department may determine for the consumption of any meals or other refreshment brought to the school by pupils.
(6) The trustees or Board of Governors of a voluntary grammar school [F1 and the Board of Governors of a grant-maintained integrated school] F1 ... may, in accordance with arrangements approved by the Department, provide milk, meals or other refreshment for persons (including pupils) of such description as the Department may determine, not being pupils for whom they are required to make provision under paragraph (5).
(7) A board may assist the trustees or Board of Governors of a voluntary grammar school [F1 and the Board of Governors of a grant-maintained integrated school] F1 ... in the carrying out of their functions under paragraphs (5) and (6).
[F1(8) Where a school has a delegated budget under [F5Part VII of the Education (Northern Ireland) Order 1998] and an allowance is made for expenditure on, or in connection with, the provision of milk, meals or other refreshment in determining the school's budget share under that Part—
(a)paragraph (1) shall not apply in relation to pupils in attendance at the school; but
(b)paragraphs (5), (6) and (7) and Article 59 (except paragraph (4)) shall apply to the school as those provisions apply to a voluntary grammar school.]
F2Words in art. 58(3) repealed (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 4 (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F3Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 1(1)(a) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)
F5Words in art. 58(8) substituted (31.5.2009) by Education (Northern Ireland) Order 1998 (S.I. 1998/1759 (N.I. 13)), arts. 1(3)(g), 91(1), Sch. 5 Pt. II; S.R. 2009/183, art. 3(d)
Modifications etc. (not altering text)
C1Art. 58 power to disapply or modify conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 17 (with ss. 88-90)
C2Art. 58 expiry of earlier affecting provision 2020 c. 7, Sch. 16 para. 17 (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
Provisions supplementary to Article 58N.I.
59.—(1) The approval of the Department to any arrangements under paragraph (1), F6... (4), (5) or (6) of Article 58 may be granted subject to such conditions for securing the proper and efficient operation of those arrangements as the Department may determine.
(2) [F7A board, the trustees or Board of Governors of a voluntary grammar school and the Board of Governors of a grant-maintained integrated school] F7... shall in connection with the exercise of any functions under Article 58—
(a)make such charges, if any, or charges calculated on such basis; and
(b)remit the whole or part of such charges in such cases or such circumstances,
as the Department may determine.
(3) The Department may, in such circumstances as it thinks fit, [F7 direct—
(a)that paragraph (1) of Article 58 shall not apply to [F3the Authority];
(b)that paragraph (5) of Article 58 shall not apply to the trustees or Board of Governors of a voluntary grammar school or to the Board of Governors of a grant‐maintained integrated school.]
F7... .
(4) [F7A board, the trustees or Board of Governors of a voluntary grammar school and the Board of Governors of a grant-maintained integrated school] F7... shall take such steps and provide such premises, equipment, materials and facilities (including transport) as are necessary in connection with the provision of milk, meals or other refreshment in accordance with Article 58.
(5) The trustees and managers of every voluntary school, other than a voluntary grammar school F7... , shall afford [F3the Authority] all such reasonable facilities at the school, including the use of school buildings and equipment, as are necessary for the proper and efficient operation of any arrangements approved under Article 58.
F3Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 1(1)(a) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)
Modifications etc. (not altering text)
C3Art. 59 power to disapply or modify conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 17 (with ss. 88-90)
C4Art. 59 expiry of earlier affecting provision 2020 c. 7, Sch. 16 para. 17 (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
Provision of clothing etc. for pupils attending grant-aided schools or institutions of further educationN.I.
60 .F8—(1) Subject to a scheme which shall be framed by [F3the Authority] and approved by the Department, where it appears to [F3the Authority] that a pupil at a grant-aided school or institution of further education, being a pupil of such description as is specified in the scheme, is unable by reason of the inadequacy or unsuitability of his clothing to take full advantage of the education provided at the school or institution, [F3the Authority] shall provide such pupil with or contribute towards the cost of the provision of such clothing as is specified in the scheme and is in the opinion of [F3the Authority] necessary to ensure that he is adequately and suitably clad.
(2) A scheme under paragraph (1) shall also, subject to such conditions as are specified in the scheme, authorise [F3the Authority] to defray the expenses of such pupils attending the school or institution as are specified in the scheme being expenses which in the opinion of [F3the Authority] are necessary to enable those pupils to take part in the activities of the school or institution without hardship to themselves or to their parents.
(3) A board may, in accordance with the provisions of the scheme under paragraph (1), recover from the parent of a pupil the whole or part of the expenditure incurred under the scheme in respect of the pupil provided such recovery can be made without causing hardship to the parent.
(4) A parent who is aggrieved by any action taken by [F3the Authority] under a scheme under paragraph (1) may appeal to the Department whose decision shall be final.
(5) A board may lend to pupils without charge articles of clothing suitable for physical education.
F3Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 1(1)(a) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)
F8certain functions transf. by SR 1999/481