Coronavirus Act 2020

Notices temporarily removing or relaxing education duties

17 (1) The Department may by notice make provision disapplying or modifying, for a specified period, any one or more of the provisions listed in sub-paragraph (2).

(2) This is the list referred to in sub-paragraph (1)—

(a) the following provisions of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))—

(i) Article 45(1) (duty of parents to secure full-time education);

(ii) Articles 58 and 59 (provision of milk, meals and related facilities);

(iii) paragraph 1(4) of Schedule 13 (duty of managers of grant-aided school to admit child in accordance with attendance order);

(iv) paragraph 3(1) of Schedule 13 (duty of parents to secure attendance of pupil at school);

(b) Articles 6 to 21B of the Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1)) (duties in relation to special educational needs);

(c) Article 16(2) of the Education (Northern Ireland) Order 1998 (S.I. 1998/1759 (N.I. 13)) (class size in primary schools);

(d) regulations 5 to 22 of the Education (Special Educational Needs) Regulations (Northern Ireland) 2005 (S.R. (N.I.) 2005 No. 384) (duties in relation to assessments and statements);

(e) any provision of, or made under, Part 2 of the Education (Northern Ireland) Order 2006 (S.I. 2006/1915 (N.I. 11)) (duties in relation to the curriculum).

(3) The Department may by regulations amend the list in sub-paragraph (2).

(4) A notice under sub-paragraph (1) may limit the disapplication or modification of a provision by reference to—

(a) a specified person or description of persons;

(b) a specified area;

(c) any other matter.

(5) In particular, a notice under sub-paragraph (1) that disapplies any provision of, or made under, Part 2 of the Education (Northern Ireland) Order 2006 may—

(a) relate to the curriculum generally or to specified aspects of the curriculum;

(b) relate to all key stages or specified key stages;

(c) make different provision for different key stages;

(d) relate to all areas of learning or to contributory elements;

(e) be framed by reference to such other matters as the Department considers appropriate.

(6) A notice under sub-paragraph (1) must state why the Department considers that the issuing of the notice is an appropriate and proportionate action in all the circumstances.

(7) The specified period in a notice under sub-paragraph (1) must not exceed one month.

(8) The Department may by notice (a “cancellation notice”) cancel a notice under sub-paragraph (1) with effect from the time specified in the cancellation notice.

(9) A cancellation notice may contain transitional or saving provision.

(10) Nothing in sub-paragraph (7) or (8) prevents the issuing of a further notice in relation to any provision.

(11) Subject to sub-paragraph (12), the Department must—

(a) publish a notice under this paragraph;

(b) take such other steps as the Department considers reasonable to bring the notice to the attention of those likely to be affected by it.

(12) Where the notice relates to a person specified by name—

(a) the Department must give a copy of the notice to that person, and

(b) the published version of the notice must not identify any individual without their consent.

(13) In this paragraph—

• “the Department” means the Department of Education in Northern Ireland;

• “specified”, in relation to a notice under sub paragraph (1), means specified in the notice.

(14) The power to make regulations under sub-paragraph (3) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).

(15) Regulations under sub-paragraph (3) may make different provision for different purposes.

(16) Regulations under sub-paragraph (3) must be laid before the Northern Ireland Assembly as soon as reasonably practicable after being made.

(17) Regulations laid before the Assembly by virtue of sub-paragraph (16) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made, unless within that period the instrument is approved by a resolution of the Assembly.

(18) In calculating the period of 40 days, no account is to be taken of any time during which the Assembly is dissolved or during which it is in recess for more than four days.

(19) Where regulations cease to have effect as a result of sub-paragraph (17), that does not—

(a) affect anything previously done under the regulations (except as set out in sub-paragraph (20)), or

(b) prevent the making of new regulations.

(20) Where—

(a) a notice has been given under sub-paragraph (1) disapplying or modifying a provision that has been added to the list in sub-paragraph (2) by virtue of the regulations, and

(b) the regulations cease to have effect during the specified period set out in that notice,

the notice ceases to have effect at the time the regulations cease to have effect.