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

http://www.legislation.gov.uk/nisi/1989/2406/article/127/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 VIIISCHOOLS—GENERAL PROVISIONS

CHAPTER IICHARGES IN GRANT-AIDED SCHOOLS

Application of Articles 128 to 131127

1

Subject to paragraphs (2) to (5), Articles 128 to 131 apply to all grant-aided schools.

2

Those Articles do not apply to a voluntary grammar school if, on the appointed day, there is no agreement in force under Schedule 6 to the principal Order between the trustees or Board of Governors of the school and the Department.

3

The application of those Articles to a voluntary grammar school other than a school mentioned in paragraph (2) is subject to Article 132.

4

Those Articles to not apply to a grammar school in relation to an excepted pupil, that is to say—

a

any pupil who is not resident in Northern Ireland;

b

any pupil whose parents are not nationals of a member State;

c

in the case of a grammar school having a preparatory department, any pupil in that department of the school;

d

any pupil who—

i

was admitted to the grammar school or, in the case of a grammar school having a preparatory department, admitted to the secondary department of the grammar school before the appointed day; and

ii

on that day was not a non-fee-paying pupil, as defined by regulation 5 of the Grammar School Pupils (Admissions, Grants and Allowances) Regulations (Northern Ireland) 197811.

5

The board for the area in which a grammar school is situated may, in accordance with arrangements approved by the Department, direct that a pupil registered at the school who is an excepted pupil solely by reason of falling within paragraph (4)(d) shall cease to be an excepted pupil; and, accordingly, Articles 128 to 131 shall apply in relation to any pupil in respect of whom such a direction is given.

6

In paragraph (4)(b) “national”, in relation to a member State, means the same as in the Community Treaties, but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services.