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The Education Reform(Northern Ireland) Order 1989

Status:

This is the original version (as it was originally made).

Miscellaneous and supplementary

Provision of benefits and services for pupils by boards

85.  Where—

(a)a board is under a duty, or has power, to provide any benefits or services for pupils; and

(b)the duty is to be performed, or the power may be exercised, both in relation to pupils at grant-maintained integrated schools and in relation to pupils at other grant-aided schools,

the board shall in performing the duty, or exercising the power, treat pupils at grant-maintained integrated schools no less favourably (whether as to the benefits or services provided or as to the terms on which they are provided) than pupils at other grant-aided schools.

Variation of instrument of government relating to grant-maintained integrated school

86.—(1) The Department may by order make such modifications of any instrument of government relating to any school as, after consultation with the Board of Governors of the school and the trustees (if any), appear to be requisite—

(a)in consequence of the approval of a proposal for acquisition of grant-maintained integrated status for the school; or

(b)for removing any inconsistency between the provisions of that instrument and any provisions included or proposed to be included in the scheme of management for the school which it appears to the Department to be expedient to remove in the interests of the school.

(2) Any modification made by an order under this Article may be made to have permanent effect or to have effect for such period as may be specified in the order.

(3) Any provision of any instrument relating to any land held for the purposes of any voluntary school which—

(a)confers on any person an option to acquire an interest in that land; or

(b)provides (in whatever terms) for the determination or forfeiture of any such interest,

in the event of the school’s ceasing to be a voluntary school shall, if the school becomes a grant-maintained integrated school, have effect as if the event referred to were the school’s ceasing to be a school which is either a grant-maintained integrated school or a voluntary school.

Interpretation (grant-maintained integrated schools)

87.—(1) In this Chapter—

(a)references to the proposed date of implementation are references—

(i)in relation to any school in respect of which a proposal for acquisition of grant-maintained integrated status is required to be submitted under Article 71(1), to the date specified in accordance with Article 70(4)(b) in the information given for the purposes of the originating ballot to persons eligible to vote in that ballot (within the meaning of Article 70); and

(ii)in relation to any school in respect of which such a proposal has been submitted under Article 71(1), to the date specified in the proposal as the proposed date of implementation;

(b)references, in relation to any school in respect of which such a proposal has been approved, to the proposal are references to the proposal as approved.

(2) In relation to any proposal for acquisition of grant-maintained integrated status required to be submitted under Article 71(1) in respect of any school, the reference in paragraph (1)(a) to the originating ballot is a reference—

(a)where paragraph (1) of that Article applies, to the ballot by reference to which it applies; and

(b)where the proposal is required to be published by virtue of a requirement imposed by the Department under paragraph (5) or (11) of that Article, to the last ballot held in accordance with Article 70 in relation to the school before that requirement was imposed.

(3) In this Part—

“incorporation date” means, in relation to a grant-maintained integrated school, the date on which the Board of Governors of the school is incorporated under Article 72;

“relevant board” means—

(a)

in relation to a controlled school, the board responsible for the management of the school;

(b)

in relation to a maintained school, the board by which the school is maintained;

(c)

in relation to any other voluntary school or an independent school, the board for the area in which the school is situated;

(d)

in relation to a proposal to establish a new grant-maintained integrated school, the board for the area in which the school is proposed to be.

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