SCHEDULES

F2SCHEDULE 13 ENFORCEMENT OF DUTY IMPOSED BY ARTICLE 45 AS TO EDUCATION OF CHILDREN OF COMPULSORY SCHOOL AGE

Annotations:
Amendments (Textual)
F2

mod. by 1986 NI 3 sch. 13 para. 1B(3A) as inserted by 2005 NI 6

PART IIIOFFENCES, PENALTIES AND ENFORCEMENT

F16

1

The court before which a prosecution is brought for an offence under paragraph 4 may direct F3the Authority to apply for an education supervision order unless F3the Authority , having consulted the appropriate authority, decides that the child's welfare will be satisfactorily safeguarded even though no education supervision order is made.

2

Where, following such a direction, F3the Authority decides not to apply for an education supervision order, F3the Authority shall inform the court of its reasons for the decision.

3

Unless the court directs otherwise, F3the Authority shall so inform the court within eight weeks from the date on which the direction was given.

4

Where—

a

F3the Authority applies for an education supervision order with respect to a child who is the subject of a school attendance order; and

b

the court decides that Article 55(2) of the Children (Northern Ireland) Order 1995 prevents it from making the order,

the court may direct that the school attendance order shall cease to have effect.

5

In sub-paragraph (1) “the appropriate authority” means the appropriate authority within the meaning of paragraph 9 of Schedule 4 to the Children (Northern Ireland) Order 1995.