http://www.legislation.gov.uk/id/nisi/1989/2406

http://www.legislation.gov.uk/nisi/1989/2406/article/114/made

The Education Reform(Northern Ireland) Order 1989

School admissions

School governance, management and finance

School welfare, behaviour and attendance

Special educational needs and additional support

Attendance and truancy

Government Printer for Northern Ireland

2020-06-18

NORTHERN IRELAND

In this Order—Part II sets out the general duty of the Department in relation to education;Part III makes provision for the curriculum in grant-aided schools and for the establishment and functions of the Northern Ireland Curriculum Council and the Northern Ireland Schools Examinations and Assessment Council;Part IV regulates the admission of children to grant-aided schools;Part V provides for the financing by boards of controlled and maintained schools and for the delegation to the Boards of Governors of those schools of the management of all or part of the school’s budget share and of certain responsibilities in relation to staff and makes new provision for the funding of voluntary grammar schools;Part VI provides for the establishment and management of grant-maintained integrated schools and controlled integrated schools;Part VII restates the functions of boards in relation to further and higher education, makes new provision for the management of institutions of further education, provides for the financing by boards of institutions of further education and for the delegation to the governing bodies of such institutions of the management of the institution’s budget and of certain responsibilities in relation to staff;Part VIII makes provision in relation to the management of grant-aided schools and regulates the making of charges in such schools;Part IX provides for the constitution and functions of the Council for Catholic Maintained Schools;Part X contains miscellaneous provisions relating to education.

The Education Reform(Northern Ireland) Order 1989

The Education Reform (Northern Ireland) Order 1989

art. 13(3)(b)

The Welfare Reform (Northern Ireland) Order 2015

Sch. 12

Pt. 1

art. 2(2)

PART VIIFURTHER AND HIGHER EDUCATION

Provisions relating to staff during financial delegation

Delegation of certain powers as to staff114

1

This Article applies to an institution of further education at any time when financial delegation is required in respect of the institution for the current financial year under any scheme, subject to any suspension, limitation or restriction under Article 117 of the powers conferred on the governing body under this Article or Article 115.

2

A scheme may include provision with respect to the complement and the dismissal of staff at any institution to which this Article for the time being applies and (without prejudice to the inclusion of other provisions as to staff and other costs to be met from the budget share of any such institution) with respect to costs incurred by the board in respect of the dismissal or premature retirement, or for the purpose of securing the resignation, of any member of the staff.

3

Subject to any provision of the relevant scheme or the articles of government of the institution, in the case of any institution to which this Article for the time being applies it shall be for the governing body of the institution to determine what staff (both full-time and part-time) are for the time being required for the purposes of the institution.

4

Subject to any provision of the relevant scheme or the articles of government of the institution, where the governing body of an institution to which this Article for the time being applies notifies the board concerned in writing that it has determined that any person employed to work at the institution under a particular contract of employment should cease to work there under that contract—

a

if the person concerned is employed under the contract of employment in question to work solely at the institution, the board shall, before the end of the period of one month beginning with the date on which the notification is given in relation to him, either—

i

give him such notice terminating that contract of employment with the board as is required under that contract; or

ii

terminate that contract without notice if the circumstances are such that the board is entitled to do so by reason of his conduct; and

b

in any other case, the board shall require the person concerned to cease to work at the institution.

5

The articles of government of an institution to which this Article for the time being applies shall provide for it to be the duty of the governing body to consult the chief education officer of the board concerned before making any determination which would have the effect of removing senior staff from work at the institution.

In this paragraph “senior staff” means staff who fall in accordance with the articles to be treated as senior staff for the purposes of any such provision.

6

It shall be the duty of the chief education officer to offer advice when consulted in accordance with any such provision, and the duty of the governing body to consider any advice so offered.

7

Subject to any provision of the articles of government of the institution—

a

the regulation of conduct and discipline in relation to the staff of an institution to which this Article for the time being applies, and any procedures for affording to members of the staff opportunities for seeking redress of any grievances relating to their employment, shall be under the control of the governing body; and

b

where the implementation of any determination made by the governing body in the exercise of that control requires any action which—

i

is not within the functions exercisable by the governing body by virtue of the Education Orders; but

ii

is within the powers of the board concerned,

it shall be the duty of the board to take that action at the request of the governing body.

8

References in this Article to the chief education officer of a board include references to any officer of the board nominated by the chief education officer.