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The Further Education (Northern Ireland) Order 1997

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. Introductory

    1. 1.Title and commencement

    2. 2.Interpretation

    3. 3.Definition of “further education”

  3. Duties and powers of the Department

    1. 4.Powers of Department in relation to further education

    2. 5.Funding of further education

    3. 6.Establishment of new institution of further education

    4. 7.Amalgamations of institutions of further education

    5. 8.Recognition of institutions of further education

    6. 9.Discontinuance of institution of further education

  4. Transfer of management of institutions of further education

    1. 10.Transfer of management of institutions of further education from boards to incorporated governing bodies

  5. Governing bodies – constitution, etc.

    1. 11.Constitution of governing body and conduct of institution

    2. 12.Making and amendment of instruments of government and articles of government

  6. Duties and powers of governing bodies

    1. 13.General duties of governing bodies

    2. 14.Principal powers of governing body

    3. 15.Restrictions on exercise of principal powers of governing body

    4. 16.Provision of higher education by institutions of further education

  7. Conduct of institutions of further education

    1. 17.Regulations as to carrying on of institutions of further education

    2. 18.Efficiency reviews

  8. Accounts, reports, information, etc.

    1. 19.Accounts of governing body

    2. 20.Development plans

    3. 21.Reports, returns and information

    4. 22.Information as to provision of further education

  9. Functions of boards in relation to institutions of further education

    1. 23.Functions of boards in relation to institutions of further education

  10. Supplementary

    1. 24.Regulations and orders

    2. 25.Amendments and repeals

  11. Signature

  12. SCHEDULES

    1. SCHEDULE 1

      COURSES OF HIGHER EDUCATION

      1. 1.The descriptions of courses referred to in the definition of...

      2. 2.For the purposes of paragraph 1(c) a professional examination is...

      3. 3.For the purposes of paragraph 1(d) a course is to...

    2. SCHEDULE 2

      TRANSFER OF MANAGEMENT OF INSTITUTIONS OF FURTHER EDUCATION

      1. Interpretation

        1. 1.In this Schedule— “former governing body”, in relation to an...

      2. Transfer of certain property, rights and liabilities

        1. 2.(1) Subject to the following provisions of this Schedule, on...

      3. Apportionment of certain property, rights and liabilities

        1. 3.(1) The land, other property, rights and liabilities mentioned in...

      4. Identification of properly, rights and liabilities for purposes of transfer

        1. 4.(1) In respect of each institution of further education, the...

      5. Resolution of disputes

        1. 5.(1) Where it appears to a board or the former...

      6. Right to production of documents of title

        1. 6.(1) Where any land or other property is, or rights...

      7. Third parties affected by transfer

        1. 7.(1) Any transfer of land or other property, rights or...

      8. Agreements concerning functional work

        1. 8.(1) Where, immediately before the transfer date, arrangements exist for...

      9. Transfer of staff

        1. 9.(1) Subject to sub-paragraphs (8) to (10), this paragraph applies...

      10. Restrictions on boards entering into contracts

        1. 10.(1) This paragraph applies to any contract which—

      11. Construction of agreements

        1. 11.(1) Where any rights or liabilities transferred under this Schedule...

      12. Enforcement of transferred rights, etc.

        1. 12.(1) Without prejudice to the generality of paragraph 11, the...

      13. Certification of transfer by Department

        1. 13.A certificate issued by the Department and stating that any...

      14. Provision of information to new governing bodies

        1. 14.The relevant board shall as soon as reasonably practicable after...

      15. Stamp duty

        1. 15.Stamp duty shall not be chargeable in respect of any...

      16. Attribution of surpluses and deficits

        1. 16.(1) Not later than such date as the Department may...

      17. Power to amend trust deeds, etc.

        1. 17.(1) The Department may by order make such modifications as...

      18. Amendment of memorandum or articles of association of certain companies

        1. 18.(1) This paragraph applies to a company formed by the...

      19. Power to make further provision in relation to transfers

        1. 19.(1) The Department may by order make such further provision...

      20. Powers of former governing bodies

        1. 20.(1) The former governing body of an institution of further...

    3. SCHEDULE 3

      GOVERNING BODIES OF INSTITUTIONS OF FURTHER EDUCATION

      1. Status and name

        1. 1.(1) The governing body of an institution of further education...

      2. Membership

        1. 2.(1) The instrument of government of an institution of further...

      3. Chairman and other officers

        1. 3.(1) The instrument of government of an institution of further...

      4. Eligibility and tenure of office

        1. 4.(1) Subject to sub-paragraph (2), the instrument of government of...

      5. Payments to members

        1. 5.The articles of government of an institution of further education...

      6. Proceedings

        1. 6.(1) Subject to any provision made by the articles of...

      7. Committees, etc.

        1. 7.(1) The articles of government of an institution of further...

      8. Delegation of functions

        1. 8.The articles of government of an institution of further education...

      9. Evidence of documents

        1. 9.(1) In any legal proceedings a document purporting—

      10. Staff

        1. 10.(1) The articles of government of an institution of further...

    4. SCHEDULE 4

      AMENDMENTS

      1. The Sex Discrimination (Northern Ireland) Order 1976 (Nl 15)

      2. The Fair Employment (Northern Ireland) Act 1976 (c. 25)

      3. The Rates (Northern Ireland) Order 1977 (NI 28)

      4. The Chronically Sick and Disabled Persons (Northern Ireland) Act 1953)

      5. The Education and Libraries (Northern Ireland) Order 1986 (NI 3)

      6. The Education Reform (Northern Ireland) Order 1989 (NI 20)

      7. The Education (Student Loans) (Northern Ireland) Order 1990 (NI 11)

      8. The Planning (Northern Ireland) Order 1991 (NI 11)

      9. The Education and Libraries (Northern Ireland) Order 1993 (NI 12)

      10. The Value Added Tax Act 1994 (c. 23)

      11. The Litter (Northern Ireland) Order 1994 (NI 10)

      12. The Education (Northern Ireland) Order 1996 (NI 1)

      13. The Race Relations (Northern Ireland) Order 1997 (NI 6)

    5. SCHEDULE 5

      REPEALS

  13. Explanatory Note

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