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Explanatory Memorandum to Colleges of Education (Northern Ireland) Order 2005

Commentary on Articles

Part I - Introductory

9.Article 1 is introductory.

10.Article 2 is interpretative.

Part II – The College

11.Article 3 provides for the establishment of a body corporate to be governing body responsible for the management of the college. Schedule 1 makes detailed provision on the transfer of certain property, rights, liabilities and staff to the governing body on 1st October 2005 or a later date to be appointed by the Department

12.Articles 4 and 5 provide for the creation and amendment of an instrument of government which deals with the constitution of the governing body, and articles of government in accordance with which the governing body and the college are to be conducted. Schedule 2 sets out further detail about the membership and proceedings of the governing body.

13.Article 6 sets out the general duties of the governing body in respect of the efficient management of the college and the provision of education to students, including a requirement to have regard to persons with learning difficulties.

14.Article 7 lists the principal powers of the governing body.

15.Article 8 places certain restrictions on how the governing body shall exercise its powers.

16.Article 9 provides for the keeping of accounts by the governing body and provides for the Department to issue directions as to the preparation and audit of such accounts. This Article also provides for the right of access by the Comptroller and Auditor General and the Department to the books, accounts and records of the governing body.

17.Article 10 makes detailed provision in the event of the discontinuation of the college which must be made by order of the Department

Part III – Departmental Functions Relating to Colleges of Education

18.Article 11 amends Article 66 of the Education and Libraries (Northern Ireland) Order 1986 and Article 30 of the Education and Libraries (Northern Ireland) Order 1992.

19.Article 12 deals with amendments to Articles 66, 67 and 101 of the Education and Libraries (Northern Ireland) Order 1986 in relation to colleges of education generally.

Part IV - Supplementary

20.Articles 13 and 14 deal with supplementary provisions. Article 13 specifies how orders are to be made by the Department. Article 14 gives effect to minor and consequential amendments and repeals to existing legislation which are contained in Schedules 3 and 4.

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