90.—(1) Subject to paragraphs (2) to (4), any controlled or voluntary school is for the purposes of this Chapter eligible for controlled integrated status.
(2) The following are not eligible for controlled integrated status, namely—
(a)a nursery school;
(b)a special school;
(c)a voluntary primary school referred to in Article 11(8) of the principal Order.
(3) A controlled or voluntary school is not eligible for controlled integrated status if a proposal to discontinue the school has been approved by the Department under Article 14(7) of the principal Order.
(4) A voluntary school is not eligible for controlled integrated status if notice of the trustees' intention to discontinue the school has been given under Article 16(1) of the principal Order and has not been withdrawn.
91. Articles 69 and 70 shall apply for the purposes of the acquisition by a school eligible for controlled integrated status of that status as they apply for the purposes of the acquisition by a school eligible for grant-maintained integrated status of that status; and, accordingly, in those Articles as applied by this Article—
(a)references to grant-maintained integrated status shall be read as references to controlled integrated status;
(b)references to provisions of Article 69 or 70 shall be read as references to those provisions as so applied;
(c)references to Article 71(1) shall be read as references to Article 92(1).
92.—(1) Where in the case of any controlled or voluntary school which is eligible for controlled integrated status the result of a ballot held in accordance with Article 70 (as applied by Article 91) shows a simple majority of votes cast in the ballot by persons eligible to vote in the ballot (within the meaning of that Article (as so applied)) in favour of seeking controlled integrated status for the school, it shall be the duty of the relevant board to submit a proposal for the acquisition of controlled integrated status for the school to the Department together with its views thereon.
(2) Where a board proposes to establish a new controlled integrated school, it shall submit the proposal to the Department.
(3) A proposal under paragraph (1) or (2) shall be in such form and contain such particulars (including the proposed date of implementation) as may be required by the Department and a proposal under paragraph (1) shall be submitted to the Department within such time as may be so required.
(4) A board, after submitting a proposal to the Department under paragraph (1) or (2), shall—
(a)forthwith publish by advertisement in one or more newspapers circulating in the area affected by the proposal a notice stating—
(i)such particulars of the nature of the proposal as may be required by the Department;
(ii)that the proposal has been submitted to the Department;
(iii)that a copy of the proposal can be inspected at a specified place;
(iv)that objections to the proposal can be made to the Department within two months of the date specified in the advertisement, being the date on which the advertisement first appears;
(b)furnish to any person, on application, a copy of the proposal on payment of such reasonable sum as the board may determine.
(5) Subject to paragraphs (6) and (7), the Department, after considering any objections to a proposal made to it within the time specified in the notice under paragraph (4)(a)(iv), may, after making such modification, if any, in the proposal as, after consultation with the board making the proposal, it considers necessary or expedient, approve the proposal and inform that board accordingly.
(6) The Department shall not approve a proposal under this Article in relation to a school unless it appears to the Department that, if the school were to become, or be established as, a controlled integrated school, the school would be likely to be attended by reasonable numbers of both Protestant and Roman Catholic pupils.
(7) The Department shall not approve a proposal under paragraph (1) in relation to a school unless the school was eligible for controlled integrated status on the date on which the proposal was submitted under that paragraph.
(8) Where the Department rejects any proposal under paragraph (1) in relation to a school, it may require the board to submit a further proposal under that paragraph within such period as it may direct.
(9) Where a proposal under paragraph (1) or (2) in respect of any school is approved by the Department—
(a)the school shall become, or be established as, a controlled integrated school on the proposed date of implementation; and
(b)the relevant board shall make provision by means of a Board of Governors appointed by the board for the management of the school as a controlled integrated school on and from that date.
(10) The provisions of the Education Orders shall, subject to any express provision to the contrary, apply to a controlled integrated school in like manner as they apply to a controlled school which is not a controlled integrated school.
93.—(1) This Article applies to a controlled or voluntary school during any period when the procedure under this Chapter for acquisition of controlled integrated status is pending in relation to the school.
(2) For the purposes of this Article that procedure is pending in relation to a school when it has been initiated in relation to the school on any occasion and not terminated (as initiated on that occasion).
(3) For those purposes that procedure is to be regarded as initiated in relation to any school on any occasion—
(a)where the Board of Governors of the school has decided to hold a ballot in accordance with Article 70 by a first resolution passed as mentioned in paragraph (1)(a) of Article 69, on receipt by the relevant board, in the case of a controlled school, or the trustees of the school, in the case of a voluntary school, of notice under Article 69(3) of that decision;
(b)where such a request as is mentioned in paragraph (1)(b) of that Article has been received by the Board of Governors, on receipt by the relevant board, in the case of a controlled school, or the trustees of the school, in the case of a voluntary school, of notice under paragraph (4)(b) of that Article that such a ballot is to be held.
(4) For those purposes that procedure, as initiated on any occasion, is to be regarded as terminated—
(a)in the case of procedure initiated as mentioned in paragraph (3)(a), if the period of twenty-eight days after that on which the first resolution was passed has expired and the decision to hold a ballot has not been confirmed by a second resolution passed in accordance with Article 69(1)(a); or
(b)in the case of procedure initiated as mentioned in paragraph (3)(a) or (b) if—
(i)the result of the ballot to which that notice relates does not show a majority in favour of seeking controlled integrated status for the school;
(ii)a proposal for acquisition of such status for the school which is required to be submitted under Article 92 by reference to the result of that ballot, or any proposal required in substitution for that proposal, is rejected by the Department or withdrawn; or
(iii)the school becomes a controlled integrated school.
(5) Where Article 70(8) applies in the case of any such ballot, the references in heads (i) and (ii) of paragraph (4)(b) to the result of that ballot shall be read as references to the result of the second ballot required by that paragraph.
(6) The reference in paragraph (4) to a proposal required in substitution for any proposal for acquisition of controlled integrated status for any school which is required to be submitted under Article 92 by reference to the result of a ballot held in accordance with Article 70 (“the original proposal”) is a reference to any proposal required to be submitted under paragraph (8) of Article 92 on the rejection of—
(a)the original proposal; or
(b)any further proposal required to be submitted under that paragraph with respect to the school without a further ballot;
and a proposal under that Article with respect to a school shall not be treated for the purposes of paragraph (4) as rejected in any case where the Department imposes a requirement under paragraph (8) of that Article.
(7) Except with the consent of the Department, the trustees of a voluntary school to which this Article for the time being applies shall not—
(a)dispose of any property used wholly or partly for the purposes of the school; or
(b)enter into a contract to dispose of any such property.
(8) Paragraph (7) does not apply in relation to a disposal which is made in pursuance of a contract entered into, or an option granted, before the procedure mentioned in paragraph (1) was initiated in relation to the school.
(9) A disposal or contract shall not be invalid or void by reason only that it has been made or entered into in contravention of this Article and a person acquiring property, or entering into a contract to acquire property, from the trustees of a voluntary school shall not be concerned to enquire whether any consent required by this Article has been given.
(10) During any period when this Article applies to a school—
(a)no resolution shall be passed by the Board of Governors under Article 69(1)(a); and
(b)no request shall be made to the Board of Governors under Article 69(1)(b).
(11) In this Article (except paragraph (10)) references to Articles 69 and 70 are references to those Articles as applied by Article 91.