The Education and Libraries (Northern Ireland) Order 1993 No. 2810 (NI. 12)

PART IV N.I. MISCELLANEOUS

Finance N.I.

Capital grants to, and management of, maintained schools and voluntary grammar schools N.I.

28.—(1) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For Article 11 of the 1986 Order (management of voluntary schools) there shall be substituted the Article set out in Part I of Schedule 2.

(3) For Schedule 5 to the 1986 Order (management of maintained schools) there shall be substituted the Schedule set out in Part II of Schedule 2.

(4) For Schedule 6 to the 1986 Order (management of certain voluntary grammar schools) there shall be substituted the Schedule set out in Part III of Schedule 2.

(5) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Any agreement in force immediately before the coming into operation of this Article in relation to a school under Schedule 6 to the 1986 Order shall—

(a) if made, or having effect as if made, under paragraph 1(1) of that Schedule, continue to have effect as if made under paragraph 1(1)(b) of that Schedule, as substituted by this Article;

(b) if made, or having effect as if made, under paragraph 1(2) of that Schedule, continue to have effect as if made under paragraph 2(1) of that Schedule, as substituted by this Article.

F1 Art. 28(1) repealed (31.5.2009) by Education (Northern Ireland) Order 1998 (S.I. 1998/1759 (N.I. 13)), arts. 1(3), 91(2), Sch. 6 Pt. II (with art. 91(3)); S.R. 2009/183, art. 3(e)(iv)

F2 Art. 28(5) repealed (31.5.2009) by Education (Northern Ireland) Order 1998 (S.I. 1998/1759 (N.I. 13)), arts. 1(3), 91(2), Sch. 6 Pt. II (with art. 91(3)); S.R. 2009/183, art. 3(e)(iv)

F3 Art. 28(6) repealed (31.5.2009) by Education (Northern Ireland) Order 1998 (S.I. 1998/1759 (N.I. 13)), arts. 1(3), 91(2), Sch. 6 Pt. II (with art. 91(3)); S.R. 2009/183, art. 3(e)(iv)

Art. 29 rep. by 2003 NI 12

Funding by Department of higher education N.I.

30 .F4 —(1) The Department may, on such terms and conditions as it may determine, make grants—

(a) to the governing body of any higher education institution in Northern Ireland in respect of expenditure incurred or to be incurred by it for the purposes of—

(i) the provision of education and the undertaking of research by that institution; or

(ii) the provision of any facilities, and the carrying on of any other activities, by that institution which the governing body of that institution considers it necessary or desirable to provide or carry on for the purposes of, or in connection with, education or research;

(b) to the governing body of any other prescribed institution in respect of expenditure incurred or to be incurred by it for the purposes of the provision of prescribed higher education courses;

(c) to any body or person in respect of expenditure incurred or to be incurred by that body or person for the purposes of the provision of services for the purposes of, or in connection with, the provision of education and the undertaking of research by higher education institutions in Northern Ireland.

(2) For the purposes of the exercise of its functions under this Article, the Department may obtain such advice and other services as it considers necessary or desirable from any other body or person on such terms and conditions as may be agreed between the Department and that other body or person.

(3) In this Article—

• “governing body”, in relation to an institution means—

  (a)

  in the case of a university, the executive governing body which has responsibility for the management and administration of its revenue and property and the conduct of its affairs;

  Sub‐para. (b) rep. by 1997 NI 15

  (c)

  in the case of any other institution, the body which has responsibility for the conduct of its affairs;

• “higher education course” means a course of a description for the time being mentioned in[F5 Schedule 1 to the Further Education (Northern Ireland) Order 1997];

• “higher education institution” means—

  (a)

  a university; and

  (aa)

  [F6 a college of education;]

  (b)

  any other institution which provides higher education courses and is designated by regulations as a higher education institution for the purposes of this Article;

  and references to a higher education institution in Northern Ireland include references to the Open University;

• “university” includes a university college and any college, or institution in the nature of a college, in a university.

(4) Regulations under this Article shall be subject to negative resolution.

F4 functions transf. by SR 1999/481

F5 1997 NI 15

F6 2005 NI 13

Modifications etc. (not altering text)

C1 Art. 30(1) modified (13.2.2006) by Higher Education (Northern Ireland) Order 2005 (S.I. 2005/1116 (N.I. 5)), arts. 1(3), 4(1)(b); S.R. 2006/30, art. 2

Premature retirement compensation costs N.I.

31.—(1) F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Para. (4) rep. by 1997 NI 15

(5) After Article 119 of the 1986 Order there shall be inserted the following Article—

“Recovery by Department of certain premature retirement compensation costs

119A.— (1) Where the Department becomes liable to pay premature retirement compensation in relation to a member of the staff of a special school, the Department may, where there appears to the Department to be good reason to do so, direct that—

(a) a specified amount shall be charged to the responsible board in any single specified financial year; or

(b) a specified amount shall be charged to the responsible board in each financial year for such period (not exceeding 10 years) as may be specified,

in respect of premature retirement compensation costs of the Department in relation to that member of staff.

(2) In paragraph (1)—

• “responsible board” means—

  (a)

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

  (b)

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

• “specified” means specified in directions under that paragraph.

(3) The amount or (in a case falling within sub-paragraph (b) of that paragraph) the total amount charged to a board in pursuance of a direction given under paragraph (1) in relation to a member of the staff of a special school shall not exceed such amount as appears to the Department to represent the cost, capitalised as of the date on which the direction is given, of discharging the Department's liability to pay premature retirement compensation to, or in respect of, that member of staff.

(4) Where a board becomes liable to pay premature retirement compensation in relation to a member of the staff of—

(a) a controlled school which does not have a delegated budget under Part V of the 1989 Order; or

(b) an institution of further education which does not have a delegated budget under Part VII of that Order,

the Department may, where there appears to the Department to be good reason to do so, direct that—

(i) a specified amount shall be charged to that board in any single specified financial year; or

(ii) a specified amount shall be charged to the board in each financial year for such period (not exceeding 10 years) as may be specified,

in respect of premature retirement compensation costs of the board in relation to that member of staff.

(5) In paragraph (4) “specified” means specified in directions under that paragraph.

(6) For the purposes of paragraph (4)—

(a) a controlled school does not have a delegated budget during any period when the right of the Board of Governors of that school to such a budget is suspended under Article 53 of the 1989 Order;

(b) an institution of further education does not have a delegated budget during any period when the right of the governing body of that institution to such a budget is subject to any suspension, limitation or restriction under Article 117 of that Order.

(7) The amount or (in a case falling within sub-paragraph (ii) of that paragraph) the total amount charged to a board in pursuance of a direction given under paragraph (4) in relation to a member of the staff of a school or institution of further education shall not exceed such amount as appears to the Department to represent the cost, capitalised as of the date on which the direction is given, of discharging the board's liability to pay premature retirement compensation to, or in respect of, that member of staff.

(8) Where the Department becomes liable to pay premature retirement compensation in relation to a person employed otherwise than at a grant-aided school or institution of further education, the Department may, where there appears to the Department to be good reason to do so, direct that—

(a) a specified amount shall be charged to the employer of that person in any single specified financial year; or

(b) a specified amount shall be charged to the employer of that person in each financial year for such period (not exceeding 10 years) as may be specified,

in respect of premature retirement compensation costs of the Department in relation to that employee.

(9) In paragraph (8) “specified” means specified in directions under that paragraph.

(10) The amount or (in a case falling within sub-paragraph (b) of that paragraph), the total amount charged to an employer in pursuance of a direction given under paragraph (8) in relation to an employee shall not exceed such amount as appears to the Department to represent the cost, capitalised as of the date on which the direction is given, of discharging the Department's liability to pay premature retirement compensation to, or in respect of, that employee.

(11) Any amount charged by the Department to a board or an employer under this Article in any financial year shall be payable by the board or employer to the Department at such time or times and in such manner as the Department may direct.

(12) In this Article—

• “member of staff” includes former member of staff;

• “premature retirement compensation” means compensation under Parts III and IV of the Teachers' (Compensation for Redundancy and Premature Retirement) Regulations (Northern Ireland) 1991F10 ;

• “premature retirement compensation costs of the board”, in relation to any person, means the costs incurred or to be incurred by the board in paying premature retirement compensation to, or in respect of, that person;

• “premature retirement compensation costs of the Department”, in relation to any person, means the costs incurred or to be incurred by the Department in paying premature retirement compensation to, or in respect of, that person.”.

F7 Art. 31(1) repealed (31.5.2009) by Education (Northern Ireland) Order 1998 (S.I. 1998/1759 (N.I. 13)), arts. 1(3), 91(2), Sch. 6 Pt. II (with art. 91(3)); S.R. 2009/183, art. 3(e)(iv)

F8 Art. 31(2) repealed (31.5.2009) by Education (Northern Ireland) Order 1998 (S.I. 1998/1759 (N.I. 13)), arts. 1(3), 91(2), Sch. 6 Pt. II (with art. 91(3)); S.R. 2009/183, art. 3(e)(iv)

F9 Art. 31(3) repealed (31.5.2009) by Education (Northern Ireland) Order 1998 (S.I. 1998/1759 (N.I. 13)), arts. 1(3), 91(2), Sch. 6 Pt. II (with art. 91(3)); S.R. 2009/183, art. 3(e)(iv)

F10 SR 1991 No. 132