SCHEDULES
SCHEDULE 1
Article 3(2)
NAMES AND AREAS OF EDUCATION AND LIBRARY BOARDS
1 Name of Board | 2 Name of Local Government District |
The Belfast Education and Library Board. | Belfast. |
The South-Eastern Education and Library Board. | Ards. Castlereagh. Down. Lisburn. North Down. |
The Southern Education and Library Board. | Armagh. Banbridge. Cookstown. Craigavon. Dungannon. Newry and Mourne. |
The Western Education and Library Board. | Fermanagh. Limavady. Londonderry. Omagh. Strabane. |
The North-Eastern Education and Library Board. | Antrim. Ballymena. Ballymoney. Carrickfergus. Coleraine. Lame. Magherafeit. Moyle. Newtownabbey. |
SCHEDULE 2
Article 3(4), (5)
EDUCATION AND LIBRARY BOARDS
PART I
CONSTITUTION OF BOARDS
Appointment of members
1 (1) The maximum number of members to be appointed to a board shall from time to time be determined by the Ministry.
(2) The Minister shall appoint to a board -
(a) persons nominated in accordance with paragraph 2 by each district council in the area of the board from amongst members of that council;
(b) persons appearing to the Minister -
(i) to represent the interests of transferors of schools in the area of the board; (ii) to represent the interests of trustees of maintained schools in the area of the board;
(iii) to be suitable for appointment by reason of their interest in the services for which the board is responsible.
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(3) Appointments under sub-paragraphs (2)(b)(i) and (ii) shall be made after consultation (to such extent as may seem to the Minister practicable and expedient) with interests appearing to the Minister -
(a) in the case of appointments under sub-paragraph (2)(b)(i), to represent the transferors of schools in the area of the board; and
(b) in the case of appointments under sub-paragraph (2)(b)(ii), to represent the trustees of maintained schools in the area of the board.
(4) The members of a board shall be appointed in the year 1972 and in every fourth year thereafter and -
(a) persons appointed to a board shall become members of the board from such date (being a date as soon as possible after members of district councils are nominated to the board under sub-paragraph (2)(a) as shall be specified in their appointment;
(b) the appointment shall cease to have effect after the day preceding that from which the next subsequent appointments made under this sub-paragraph are effective;
but where it has not been possible to make on or before 31st December 1972 an appointment to a board which is required to be made in the year 1972, that appointment shall be made as soon as possible after that date.
(5) A member of a board on the expiry of his term of office shall, unless he is disqualified under paragraph 6(1) be eligible for re-appointment to the board.
(6) A vacancy occurring in the membership of a board shall be filled by a person appointed by the Minister being a person of that category specified in sub-paragraph (2)(a) or (2)(b)(i) or (2)(b)(ii) or (2)(b)(iii) to which the member being replaced belonged and that person shall hold office for the residue of the terms of office of that member.
(7) The provisions of sub-paragraph (2)(a) and (4) shall not prevent persons appointed under sub-paragraph (2)(b) for the first term of a board becoming members of that board before persons are nominated to that board by district councils nor prevent a board being established before persons to be so nominated are appointed to that board and a board so established may exercise its functions to the extent provided for by this Order or an order under Article 1(2) but a chairman and vice-chairman elected by a board before persons to be so nominated are appointed shall, without prejudice to their eligibility for re-appointment as chairman or vice-chairman, relinquish the chairmanship or, as the case may be, the vice-chairmanship as soon as the persons so nominated are appointed.
Members nominated by district councils
2 (1) The Ministry shall from time to time determine the total number of members to be nominated to a board by district councils in the area of the board and the number to be nominated by each such district council and, in determining that total number, the Ministry shall ensure that -
(a) the total number is as nearly as possible equal to two-fifths of the maximum number of members of the board; and
(b) each district council in the area of the board may nominate at least one member;
and, in determining the number of members to be nominated by a district council, the Ministry shall have regard to the population in the area of that district council.
(2) As soon as possible after the date on which a district council is elected in accordance with section 11(2) of the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) and in any event within one month of that date, the council shall select the members of the council to be nominated by it to a board and shall send to the Minister the names and addresses of the persons so nominated.
(3) If a district council fails to nominate members to a board in accordance with sub-paragraph (2) or fails to nominate the requisite number of such members, the
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Minister may, on behalf of that council, make such nominations or such additional nominations of persons who are members of that council as may be necessary by reason of such failure and such nominations shall be deemed for all purposes to be nominations by the council.
Other members
3. The Ministry shall from time to time determine the total number of persons to be appointed to a board as representing the interests of transferors of schools and trustees of maintained schools in the area of the board and the number of such persons to be appointed -
(a) to represent the interests of transferors of schools shall as nearly as possible bear the same proportion to one-quarter of the maximum number of members of the board as the number of pupils enrolled in controlled primacy schools in the area of the board bears to the total number of pupils enrolled in all primary schools in that area;
(b) to represent the trustees of maintained schools shall as nearly as possible bear the same proportion to three-sixteenths of the maximum number of members of the board as the number of pupils enrolled in maintained primary schools in the area of the board bears to the total number of pupils enrolled in all primary schools in that area.
4 (1) The maximum number of persons appointed to a board under paragraph 1(2)(b)(iii) shall be as nearly as possible seven-twentieths of the maximum number of members of that board.
(2) Three of the persons so appointed shall be appointed by reason of their being teachers serving at the time of their appointment in grant-aided schools or grant-aided institutions of further education in the area of the board and at least three persons so appointed shall be persons appearing to the Minister to have an interest in the public library service.
Resignation and disqualification of members
5. A member of a board may resign therefrom by giving notice in writing to the Minister and, in the case of a person nominated by a district council, to that council but such a notice given by a member nominated by a district council shall not take effect until after the then next following meeting of the district council by which he was nominated.
6 (1) A person shall be disqualified for being a member of a board or of a
committee or sub-committee thereof if -
(a) he is employed by that board or any other board as a paid officer; or
(b) he has been adjudged bankrupt or has made a composition with his creditors; or
(c) he has within the five years immediately preceding the day of his appointment or at any time thereafter -
(i) been convicted by a court in Northern Ireland or elsewhere in the British Islands of any offence and ordered to be imprisoned for a period of not less than three months without the option of a fine; or
(ii) been guilty of any conduct which the High Court, by order under section 31(3) of the Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.)) or by order under that section as applied by paragraph 8, has declared to be reprehensible;
but section 5 of the Local Government Act (Northern Ireland) 1972 shall apply to a disqualification under head (b) of this sub-paragraph and such a disqualification shall cease in accordance with the provisions of that section.
(2) A member of a district council who is appointed under paragraph 1(2)(a) to a board on the nomination of that district council shall cease to be a member of the board if he ceases to be a member of that district council and a person appointed to a
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board under paragraph 1(2)(b)(iii) by reason of his being a teacher serving in a grant-aided school or grant-aided institution of further education in the area of that board shall cease to be a member of that board if he ceases to be such a teacher.
(3) Where a member of a board becomes disqualified under sub-paragraph (1) or is absent from meetings of the board for more than six months consecutively (except for a reason approved by the Minister), or a person ceases to be a member of a board under sub-paragraph (2), the board shall forthwith by resolution declare the office to be vacant and shall notify the fact to the Minister and, if that member was nominated by a district council, to that council and thereupon the office shall become vacant.
(4) Section 6(1) to (3) of the Local Government Act (Northern Ireland) 1972 (penalties for acting while disqualified) shall apply to a board and a committee or sub-committee thereof and to a member of a board or of a committee or sub-committee thereof in like manner as it applies to a district council and to a member of a district council respectively.
Disclosure of pecuniary interest and relevant family relationships
7. Sections 28 and 29 (disclosure of pecuniary interests and disability from voting on account thereof), section 30 (disclosure of relevant family relationships), section 33 (time limit for proceedings) and section 146 (interpretation: pecuniary interests) of the Local Government Act (Northern Ireland) 1972 shall apply to a board and to a committee thereof to which Article 4(1) applies and to a member of a board and of such a committee in like manner as they apply to a district council and to a member of a district council respectively but with the substitution for references to the clerk of the council of references to the chief officer of the board and for references to that Act of references to this Order and with the substitution for the words "by any local elector for the district of the council" in section 28 (4) of the words "by any other person".
Recovery of wrongful gains and remedies against member guilty of reprehensible conduct
8. Sections 31 to 33 of the Local Government Act (Northern Ireland) 1972 (recovery of wrongful gains and remedies in respect of reprehensible conduct) shall apply to a board and to a committee thereof to which Article 4(1) applies and to a member of a board and of such a committee in like manner as they apply to a district council and to a member of a district council respectively and for the reference to that Act in section 31 as so applied there shall be substituted a reference to this Order.
PART II
PROCEEDINGS OF BOARDS
9 (1) A board shall, at its first meeting after its appointment, elect a chairman and a vice-chairman who, unless the board otherwise determines, shall, subject to paragraph 1(7), hold office until the next subsequent appointment of members of the board under paragraph 1(4) becomes effective.
(2) Where, at any meeting of the board, the chairman is absent, the vice-chairman if present, shall be chairman at that meeting and where, at any such meeting, both the chairman and the vice-chairman are absent, the chairman at that meeting shall be such member of the board present as the members attending the meeting shall appoint.
(3) The chairman at any meeting of the board shall, in addition to his right to vote as a member of the board, have a casting vote.
10 (1) The quorum of the board shall be one-third of the total number of members of the board.
(2) The proceedings of a board shall not be invalidated by any vacancy among its members or by any defect in the appointment or qualification of any of its members.
11. The seal of the board shall be authenticated by the signatures of the chairman or other member of the board authorised by it to act in that behalf and of, the chief officer or some other officer of the board authorised as aforesaid.
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12 (1) The Ministry may make regulations regulating the procedure to be followed by a board or any committee thereof in carrying out its functions.
(2) A board shall draw up standing orders for the conduct of the business of the board or any committee thereof and such standing orders shall be subject to the approval of the Ministry.
13 (1) A board may enter into contracts necessary for the discharge of any of its functions.
(2) All contracts made by a board or a committee of the board shall be made in accordance with the standing orders of the board and in the case of contracts for the supply of goods or materials or for the execution of works the standing orders, except as otherwise provided by or under the standing orders, shall -
(a) require notice of the intention of the board or committee to enter into the contract in question to be published and tenders invited; and
(b) regulate the manner in which such notice shall be published and tenders invited.
(3) Without prejudice to section 19(1)(a)(ii) of the Interpretation Act (Northern Ireland) 1954, a person entering into a contract with a board shall not be bound to inquire whether the standing orders of the board which apply to the contract have been complied with and all contracts entered into by a board, if otherwise valid, shall, notwithstanding that the standing orders applicable thereto have not been complied with, have full force and effect.
SCHEDULE 3
Article 4(2)
CONSTITUTION OF TEACHING ApPOINTMENTS COMMITTEES AND LIBRARY COMMITTEES
PART I
TEACHING APPOINTMENTS COMMITTEES
1. A teaching appointments committee shall consist of the following persons appointed by the board of which it is a committee -
(a) two principals of controlled schools under the management of the board appointed in accordance with paragraph 2;
(b) two persons who have been appointed to the board under paragraph 1(2)(b)(i) of Schedule 2 and nominated to the committee by a majority of the persons who have been so appointed;
(c) two persons nominated by the Minister from amongst the persons appointed to the board by him under paragraph 1(2)(b)(iii) of Schedule 2;
(d) two district councillors nominated by the board from amongst those members appointed to the board under paragraph 1(2)(a) of Schedule 2;
and the quorum of a teaching appointments committee shall be four persons.
2 (1) The principals of controlled schools shall for the purposes of paragraph 1(a) be appointed as follows: -
(a) a board shall prepare a panel of principals serving in controlled schools under its management;
(b) two principals from that panel shall be appointed by the board to attend each meeting of the teaching appointments committee and different principals may be appointed to attend different meetings of the committee.
(2) If so authorised by a board, the chief education officer of the board or, in his absence, another officer of the board authorised by him for the purpose may, on behalf of the board, appoint the principals to the teaching appointments committee.
(3) The principals appointed to attend any meeting of a teaching appointments committee shall have the like right to speak and vote at that meeting as the other members of the committee.
3 (1) Substitutes for members of a teaching appointments committee may be nominated and appointed or, as the case may be, appointed under sub-paragraphs (b),
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(c) and (d) of paragraph 1 in like manner as the members are nominated and appointed or appointed.
(2) Where the chief education officer of the board which appointed the committee or, in his absence, another officer of the board duly authorised by him is informed that a member of the committee. will be absent from a meeting of the committee or where a member is disqualified by interest or otherwise from taking part in proceedings at such a meeting, he shall authorise the" attendance at that meeting of a substitute, being the substitute or one of the substitutes nominated and appointed or appointed in like manner as the member, and if that substitute attends, he shall have at that meeting all the functions of the member except that, if he attends a meeting as substitute for the member who is chairman of the committee, he shall not, unless the committee otherwise decides, be chairman at that meeting.
(3) The chief education officer of the board or a person nominated by him shall attend as assessor at each meeting of the teaching appointments committee of that board.
PART II
LIBRARY COMMITTEES
4. The library committee of a board shall consist of such persons as that board appoints thereto but shall include all members appointed to the board by reason of their interest in the public library service.
SCHEDULE 4
Article 8(2)
MEMBERSHIP OF SCHOOL MANAGEMENT COMMITTEES OF CONTROLLED SCHOOLS
1. A scheme under Article 8(2) shall so far as it relates to the appointment of members of school management committees comply with the following provisions of this Schedule.
2. A scheme relating to the school management committee of one or more than one controlled primary school other than a nursery school shall ensure that -
(a) not less than one-half of the members of the committee shall be appointed in accordance with regulations made by the Ministry as persons representative of the transferors and superseded managers of the school or schools under its management;
(b) not more than one-quarter of the members of the committee shall be persons nominated, at a meeting held in accordance with regulations made by the Ministry, by the parents of the children attending the school or schools under its management;
(c) the remaining members shall be chosen by the board responsible for the management of the school or schools concerned;
but, where it is not practicable to appoint to a school management committee persons representative of transferors or superseded managers because a school is not a transferred school or does not supersede any other school or schools, the board shall appoint in their place an equivalent number of persons appearing to the board to be representative of transferors and superseded managers in the area of the board as a whole and those persons shall, so far as possible, be persons resident in the locality served by the school or schools under the management of the committee.
3. A scheme relating to the school management committee of one or more than one controlled intermediate school shall ensure that -
(a) not less than one-half of the members of the committee shall be persons nominated, in the manner provided by regulations made by the Ministry, by the school management committees of contributory schools from amongst members of those committees who have been appointed to those committees as representatives of transferors or superseded managers;
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(b) not more than one-quarter of the members shall be persons nominated, at a meeting held in accordance with regulations made by the Ministry, by the parents of the children attending the school or schools under the management of the committee;
(c) the remaining members shall be chosen by the board responsible for the management of the school or schools concerned.
4. A scheme relating to the school management committee of one or more than one controlled nursery school, or of a controlled grammar school or of a controlled special school shall ensure that -
(a) one-third of the members shall be persons chosen by the board responsible for the management of the school or schools concerned;
(b) one-third of the members shall be persons nominated, at a meeting held in accordance with regulations made by the Ministry, by the parents of the children attending the school or schools under the management of the committee;
(c) the remaining members shall be persons nominated by the Minister.
5 (1) Where a meeting of parents duly called for the purposes of nominating persons under paragraph 2(b), 3(b) or 4(b) to the management committee of a school, fails for want of a quorum or for any other reason or neglects or refuses to nominate any or the requisite number of persons to represent parents on that committee, the board which controls the school shall request that committee (which for the purposes of this paragraph shall be deemed to be duly constituted notwithstanding the absence of parents' representatives) to submit to that board a list containing the names of twice the number of persons required to be nominated as parents' representatives or, if in the opinion of the board that is not practicable, such smaller number as the board with the approval of the Ministry may determine.
(2) Where, within one month of receiving a request from a board under sub-paragraph (1), a school management committee -
(a) submits a list of names to the board in accordance with that request, the board shall select from that list the requisite number of persons to be nominated as parents' representatives on the school management committee;
(b) does not submit a list of names to the board in accordance with that request or submits fewer names than those required for nomination, the board shall, after taking into account the names of persons, if any, so submitted, select the requisite number of persons to be nominated as parents' representatives on the school management committee;
and the persons so selected shall be deemed to have been duly nominated for the purposes of paragraph 2(b) or, as the case may be, paragraph 3(b) or paragraph 4(b).
6. In this Schedule "superseded managers" means the persons who were formerly managers of any schools which have been superseded by schools under the management of boards or, if those persons were recognised by the Ministry as such managers by virtue of any office, then, their successors in such office.
SCHEDULE 5
Article 9(3)
MAINTAINED SCHOOLS COMMITTEES
PART I
APPOINTMENT OF MAINTAINED SCHOOLS COMMITTEES
1 (1) Subject to sub-paragraph (4), a board shall, if requested by the managers or trustees of a voluntary school other than a voluntary grammar school, make provision in accordance with the provisions of this Schedule for the appointment of a committee (in this Order referred to as "a maintained school committee") for that school.
(2) A board may make provision for the appointment of one maintained school committee for two or more such schools where the trustees or managers of the schools so request.
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(3) Nothing in any statute or scheme made thereunder or in any charter, deed, memorandum of association, articles of association or other document constituting a school or under which the land used for a school is vested or which otherwise relates to a school or the land used for a school shall -
(a) prevent the appointment of a maintained school committee for that school in accordance with a scheme framed under this Schedule or the doing by the managers or trustees of that school of anything necessary for or incidental to the appointment and functioning of such a committee; or
(b) restrict the powers under sub-paragraph (2) of the managers or trustees of that school or the application of that sub-paragraph to that school.
(4) Without prejudice to the right of the managers or the trustees to make a further request under sub-paragraph (1), a board may, with the approval of the Ministry, refuse to make provision for the appointment of a maintained school committee for a school but the Ministry shall not give such approval unless the board satisfies it that the condition of the premises of the school is such that it would be unreasonable to expect the board to assume responsibility for the maintenance of those premises.
2 (1) A maintained school committee shall, subject to the provisions of this Schedule, be appointed in accordance with a scheme framed by the board after consultation with the managers or trustees of the school or schools and approved by the Ministry and the procedure and functions of the committee shall be such as are provided by the scheme which shall, in particular, specify -
(a) the terms of office of members;
(b) the number of meetings to be held each year; and
(c) the number, which shall not be less than six, of persons to be appointed as members of the committee.
(2) One-third of the persons appointed as members of a maintained school committee of a school or schools shall be persons nominated by the board and two-thirds of those members shall be persons nominated, when appointments are first made to the committee, by the managers or trustees of the school or schools and, on any subsequent appointment of members, by such persons (to be known as "nominating trustees") and in such manner as the scheme for the school or schools may provide.
(3) The managers or trustees of a school or schools may, at any time before they have signified their agreement to a scheme framed under sub-paragraph (1) for the school or schools, withdraw their request for the appointment of a maintained school committee for the school or schools.
3 (1) A maintained school committee existing at the date of the coming into operation of this Schedule and appointed under a scheme made under the provisions of any enactment corresponding to the provisions of this Schedule and repealed by this Order or by any enactment repealed by this Order shall be deemed to have been appointed under a scheme made under the provisions of this Schedule and shall, until a new scheme is framed in accordance with the provisions of this Schedule, continue to exercise its functions as nearly as practicable in accordance with the scheme under which it was appointed.
(2) A vacancy occurring, before a scheme for a school or schools is framed under this Schedule, in the membership of the maintained school committee for a school or schools which continues in existence by virtue of sub-paragraph (1) shall, where the member to be replaced was appointed by the trustees, managers or nominating trustees of the school or schools, be filled in accordance with the scheme under which the committee was appointed and, in any other case, shall be filled in such manner as the Ministry may direct.
PART II
WITHDRAWAL OF MAINTAINED SCHOOL FROM MANAGEMENT OF MAINTAINED SCHOOL COMMITTEE
4 (1) The nominating trustees of a maintained school may at any time give notice to the board requesting that the school should cease to be a maintained school
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but should continue to be a voluntary school and, where they do so, the school shall, subject to the succeeding provisions of this Part, continue to be a voluntary school but shall cease to be a maintained school -
(a) on the date specified in the notice but only if on or before that date the nominating trustees have complied with paragraph 5; or
(b) if those trustees have not complied with paragraph 5 on or before that date, on the date on which they so comply.
(2) The date specified in a notice under sub-paragraph (1) shall not, unless the nominating trustees and the board otherwise agree, be less than two years from the date on which the notice is given.
(3) Sub-paragraph (1) shall apply only to a school -
(a) which was recognised as a grant-aided school before the 19th October 1967; or
(b) which the Ministry is satisfied replaces a school or schools (not being a school which was, or schools one or more than one of which was, a maintained school) so recognised before that date; or
(c) the proposal to establish which was submitted to the Ministry before that date for approval.
5. Where a school will cease to be a maintained school under the provisions of paragraph 4(1), the nominating trustees of that school shall -
(a) repay to the Ministry an amount equal to the difference between the sums actually paid under Article 106(1)(a) in respect of expenditure on that school and the sums which would have been paid under that Article if the school had not been a maintained school when the expenditure was incurred; and
(b) pay to the board such amount as may be agreed between those trustees and the board or, in default of agreement, as may be determined by the Ministry as representing thirty-five per cent. of the value, at the date on which the school ceases to be a maintained school, of -
(i) any works of external maintenance of the school carried out by the board or, before the coming into operation of this Order, by a former local education authority; and
(ii) any equipment provided by the board or, before the coming into operation of this Order, by a former local education authority.
6. A notice duly given to a former local education authority before the coming into operation of this Order under the provisions of any enactment corresponding to paragraph 4 and repealed by this Order shall be deemed to have been given to the board under paragraph 4 and any references to sums paid or sums which would have been paid under a provision of this Order shall be deemed to include references respectively to sums paid or sums which would have been paid under the corresponding provisions of any enactment repealed by this Order or by any enactment repealed by this Order.
PART III
INTERPRETATION
7. In this Schedule -
"board" in relation to a school or schools means the board for the area in which the school is or the schools are situated or such other board as the Ministry may determine;
"nominating trustees" has the meaning assigned to it by paragraph 2 (2).
SCHEDULE 6
Article 9(4)
MEMBERSHIP OF GOVERNING BODIES OF VOLUNTARY GRAMMAR SCHOOLS
1 (1) The trustees or governing body of a voluntary grammar school shall, notwithstanding anything in any statute or scheme made thereunder or in any charter,
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deed, memorandum of association, articles of association or other document constituting the school or under which the land used for the school is vested or which otherwise relates to the school or land used for the school, have power to enter into -
(a) an agreement with the Ministry conferring on the Minister the right to appoint members to the governing body of the school amounting to not more than one-third of the total number of members of the governing body (including the members appointed by the Minister);
(b) an agreement, approved by the Ministry, with one or more than one board conferring on the board or boards the right to appoint members to the governing body of the school amounting to not more than one-third of the total number of members of the governing body (including the members appointed by the board or boards).
(2) Subject to sub-paragraph (3), where, in respect of the governing body of a school, an agreement has been entered into under sub-paragraph (1)(a) and under sub-paragraph (1)(b), the number of members appointed by the Minister and by the board or boards shall not together exceed one-third of the total number of members of that governing body (including the members appointed by the Minister and the board or boards).
(3) Where the trustees or governing body of a school -
(a) enter into an agreement under sub-paragraph (1)(a) at a time when members have been appointed by one or more than one board to the governing body of the school under a prior agreement entered into under sub-paragraph (1)(b); or
(b) enter into an agreement under sub-paragraph (1)(b) at a time when members have been appointed by the Minister to the governing body of the school under a prior agreement entered into under sub-paragraph (1)(a);
then, until the expiration of the period for which those members have been appointed under the prior agreement, sub-paragraph (2) shall not apply and such number of members may be appointed for that period to the governing body of the school by the Minister or, as the case may be, the board or boards as is provided for in the subsequent agreement.
(4) An agreement under sub-paragraph (1)(a) shall provide that the Minister, before making an appointment to the governing body of a school, shall consult the governing body of the school and the board for the area in which the school is situated and may consult any other board which he considers appropriate.
2 (1) An agreement made under the provisions of any enactment corresponding to the provisions of paragraph 1 and repealed by this Order and existing at the date of the coming into operation of this paragraph shall, unless the Ministry directs that the agreement shall cease to have effect, continue to have effect as if made under paragraph 1.
(2) Where an agreement to which sub-paragraph (1) relates has been entered into by a former local education authority or former local education authorities, any reference in that agreement to the former local education authority or authorities shall be deemed to be a reference to the board for the area in which the school is situated or the board which is or boards which are the subject of a direction under sub-paragraph (3) and that board, or as the case may be, those boards shall assume the rights and responsibilities of the former local education authority or authorities.
(3) The Ministry, after consultation with the trustees or governing body of a a school in respect of which an agreement to which paragraph 1 relates has been entered into, may direct that -
(a) the board for the area in which the school is situated should jointly with any other board or other boards; or
(b) a board or boards other than the board for the area in which the school is situated should;
be the board or boards for which references in the agreement to a former local education authority or former local education authorities are deemed to be references, and may also, whether or not it gives a direction under the foregoing provisions of
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this sub-paragraph, direct that the person or persons appointed to the governing body of such a school by a former local education authority or former local education authorities should remain members of the governing body of the school for such period as the Ministry, after consultation with the governing body, may determine.
SCHEDULE 7
Article 14
TRANSFER OF VOLUNTARY SCHOOLS TO MINISTRY
1. An arrangement for transferring a school to the Ministry under Article 14 may, subject to the following provisions of this Schedule, be made by the trustees who, in making such an arrangement, may act by resolution or otherwise as follows: -
(a) where the trust deed provides any manner in which or any assent with which a resolution or act binding the trustees is to be passed or done, then in accordance with the provisions of the trust deed;
(b) where the trust deed contains no such provision -
(i) then in the manner and with the assent, if any, in and with which it may be shown to the Ministry to have been usual for a resolution or act binding the trustees to be passed or done; or
(ii) if no manner or assent can be shown to have been usual, then by a resolution passed by a majority of not less than two-thirds of those members of their body who are present at a meeting of the body summoned for the purpose and vote on the question and with the assent of any other person whose assent under the circumstances appears to the Ministry to be requisite.
2. An arrangement under this Schedule may provide for an absolute conveyance to the Ministry of all the estate in the premises of the school possessed by the trustees of the school or for a lease of the same with or without restrictions and either at a nominal rent or otherwise to the Ministry or for any arrangement that may be agreed upon between the trustees and the Ministry.
3. An arrangement under this Schedule may also provide for the transfer to the Ministry of a teacher's residence held or used in connection with the school or for the transfer or application, subject to the approval of the Ministry of Finance, of any endowment belonging to the school or for the Ministry undertaking to discharge any debt charged on the school not exceeding the value of the estate in the premises or endowments transferred to it.
4. Where an arrangement is made under this Schedule, it shall be one of the terms of the arrangement that the trustees of the school or endowment shall, in pursuance of the arrangement, execute a proper conveyance and take all necessary steps in law for the effective conveyance to the Ministry of all such estate in the premises or endowment as is vested in those trustees or owners or such smaller estate as may be agreed upon in the arrangement.
5. Where any person has any right given him by the trusts of the school to use the school for any particular purpose independently of the trustees, nothing in this Schedule shall authorise any interference with that right except with the consent of that person.
6. The Ministry shall consider and have due regard to any objections and representations respecting a proposed transfer of a school under this Schedule which may be made by any person or by the representatives or successors of any person who has contributed to the establishment of the school.
7. Where the trust instrument contains any provision for the alienation of the school by any persons or in any manner or subject to any consent, any arrangement under this Schedule shall be made by the persons in the manner and with the consent so provided.
8. Where a transfer of a school is made in pursuance of an arrangement under this Schedule, the consent of the Ministry shall, after the expiration of six months from
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the date of the transfer, be conclusive evidence that the arrangement has been made in conformity with this Order.
9. Where an arrangement under this Schedule provides for the transfer of a teacher's residence to the Ministry, this Schedule shall apply for the purposes of such transfer in like manner as it applies for the purposes of the transfer of a school.
SCHEDULE 8
Article 25
DUTY OF BOARDS IN RELATION TO CHILDREN WHO REQUIRE SPECIAL EDUCATIONAL TREATMENT OR WHO ARE UNSUITABLE FOR EDUCATION IN SCHOOL
Examination of children
1 (1) It shall be the duty of a board to determine what children in its area who have attained the age of five years or who have not attained that age and are in attendance at school -
(a) require special educational treatment; or
(b) are suffering from a disability of mind of such a nature or to such an extent as to make them unsuitable for education at school.
(2) For the purpose of fulfilling its duty under sub-paragraph (1), a board may by notice in writing served on the parent of a child require the parent to submit the child for examination by a medical officer and an educational psychologist authorised for the purpose by the board in order to obtain advice as to whether the child requires special educational treatment because of his physical, intellectual, emotional or social development or is suffering from a disability of mind of such a nature or to such an extent as to make him unsuitable for education at school.
(3) A notice served under sub-paragraph (2) shall state the time and place at which the examination is to be held.
(4) A parent who, without reasonable excuse, fails to comply with a notice served on him under sub-paragraph (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding £10.
(5) A board may cause any child resident in its area who has attained the age of two years to be examined under sub-paragraph (2) and shall do so if so requested by his parent unless the board considers the request to be unreasonable.
(6) The parent of a child shall, if he so wishes, be entitled to be present at any examination held in consequence of the foregoing provisions of this paragraph.
(7) The advice given to the board with respect to a child by a medical officer and an educational psychologist in consequence of an examination under this paragraph shall be given to the parent of the child.
Children requiring special educational treatment
2 (1) Where a board, after considering the advice given by a medical officer and an educational psychologist in consequence of an examination under paragraph 1 and any report or information which the board is able to obtain from parents, teachers and other persons with respect to the ability and aptitude of the child, decides that the child requires special educational treatment, the board shall give notice of its decision to the parent of the child and shall secure the provision of such treatment for the child.
(2) The arrangements made by a board under sub-paragraph (1) for the special educational treatment of pupils of a category defined in regulations made by the Ministry under Article 26 shall ensure that, so far as practicable, the educational treatment is given in an appropriate special school or by other appropriate means and the arrangements so made by a board shall be subject to the approval of the Ministry and may provide for the special educational treatment to be given, either within or outside the area of the board, in special schools or in schools other than special schools.
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(3) Where the advice given by a medical officer or educational psychologist in consequence of an examination under paragraph 1 indicates that a child requires special educational treatment, the board shall, if the parent so requests, issue a certificate to that effect to the parent and a parent who is aggrieved by the terms of a certificate may refer the matter to the Ministry.
(4) A certificate issued under sub-paragraph (3) may be withdrawn by the Ministry or the board and, upon the withdrawal of any such certificate, the board shall cease to provide special educational treatment for the child with respect to whom the certificate was issued and shall notify the parent accordingly.
Children unsuitable for education
3 (1) Where a board, after considering the advice given by a medical officer and an educational psychologist in consequence of an examination under paragraph 1 and any report or information which the board is able to obtain from parents, teachers or other persons with respect to the ability and aptitude of the child, decides that the child is suffering from a disability of mind of such a nature or to such an extent as to make him unsuitable for education at school, the board shall, subject to sub-paragraph (2), record the decision and furnish to the health and social services board for the area in which the child resides (in this Schedule referred to as "the appropriate health and social services board") a report of the decision together with a copy of any written advice, report or information which was taken into account for the purposes of the decision.
(2) Before recording a decision under sub-paragraph (1) with respect to a child, the board shall give to the parent of the child not less than twenty-one days notice in writing of its intention to do so and, if within that period the parent refers to the Ministry the question whether such a decision should be recorded, the decision shall not be recorded except by direction of the Ministry.
(3) A notice under sub-paragraph (2) shall contain a statement of the functions of the appropriate health and social services board with respect to the making of arrangements for the treatment, care or training of the child if the decision is recorded.
(4) Where a decision has been recorded under sub-paragraph (1) in relation to a child -
(a) the parent of the child may at any time, not earlier than twelve months from the date on which the decision was recorded nor more often than once in any subsequent period of twelve months, by notice in writing request the board to review the decision;
(b) if at any time it appears to the appropriate health and social services board or to any authority or body responsible for the management of a place where the child is under care that the decision ought to be reviewed, that board, authority or body shall give notice to that effect to the board;
and the board shall then have the child examined, and paragraph 1, (2), (3) and (6) shall apply for the purposes of any such examination.
(5) If, after considering the advice given by the medical officer and educational psychologist in consequence of an examination carried out under sub-paragraph (4) and any reports or information available to it, the board decides that the child is suitable for education in a school other than a special school or in a special school, it shall cancel the original decision and notify the cancellation to the health and social services board to whom the report of the original decision was issued, to any other authority or body concerned and to the parents.
(6) If, after considering the advice, reports and information referred to in sub-paragraph (5), the board refuses to cancel the decision, it shall serve on the parent of the child a notice stating that the board has so decided and the parent may, before the expiration of the period of twenty-one days beginning on the day next following the day on which it is served on him, appeal to the Ministry against the decision of the board.
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(7) On an appeal under sub-paragraph (6), the Ministry may require the board to cancel the original decision or may confirm their refusal to do so.
Children requiring further care or treatment
4. Where a child or young person in the area of a board is about to leave or has left school and it appears to the board- that his physical, intellectual, emotional or social development is such as to require that in his interests further care, treatment or supervision should be provided, the board shall notify the appropriate health and social services board and furnish such report or information relating to him as that board may require.
SCHEDULE 9
Article 35
ENFORCEMENT OF DUTY IMPOSED BY ARTICLE 35 AS TO EDUCATION OF CHILDREN OF COMPULSORY SCHOOL AGE
PART I
SCHOOL ATTENDANCE ORDERS
1 (1) Where it appears to a board that a parent of a child of compulsory school age in its area is failing to perform the duty imposed on him by Article 35 (I), the board shall serve on the parent a notice requiring him, within such period not being less than fourteen days from the service of the notice as is specified in the notice, to satisfy the board that the child is, by regular attendance at school or otherwise, receiving efficient full-time education suitable to his age, ability and aptitude.
(2) Where a parent on whom a notice is served under sub-paragraph (1) fails within the period specified in the notice to satisfy the board that the child to whom the notice relates is receiving efficient full-time education suitable to his age, ability and aptitude, the board shall, if it is of opinion that it is expedient that the child should attend school, serve in the prescribed manner on the parent an order in the prescribed form (in this Schedule referred to as a "school attendance order") requiring him to cause the child to become a registered pupil at the school named in the order.
(3) Before serving an order on a parent under sub-paragraph (2) the board shall, where practicable, give him an opportunity to select the school to be named in the order and, if the parent then selects a school, that school shall, unless the Ministry otherwise directs, be the school named in the order.
(4) Where the board is of opinion that the school selected by a parent as the school to be named in a school attendance order is unsuitable to the age, ability or aptitude of the child with respect to whom the order is to be made or that the attendance of the child at the school so selected would involve unreasonable expense to the board, the board may, after giving to the parent notice of its intention to do so, apply to the Ministry for a direction determining the school to be named in the order.
(5) Where the school named in a school attendance order served under sub-paragraph (2) provides education for pupils up to the upper limit of compulsory school age or beyond, the order shall, subject to paragraph 2, continue in force so long as the pupil is of compulsory school age and where the school does not provide education up to or beyond that age the order shall expire when the pupil has reached the age at which he would normally leave that school.
2 (1) Where, at any time whilst a school attendance order is in force with respect to a child, the parent of the child makes an application to the board by whom the order was made requesting that another school be substituted for that named in the order or requesting that the order be revoked on the ground that arrangements have been made for the child to receive otherwise than at school efficient full-time education suitable to his age, ability and aptitude, the board shall amend or revoke the order in compliance with the request unless it is of opinion that the proposed school is unsuitable to the age, ability or aptitude of the child or that the attendance of the child at the school would involve unreasonable expense to the board or, as the case may be, that no satisfactory arrangements have been made for the education of the child otherwise than at school.
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(2) A parent who is aggrieved by a refusal of a board to comply with a request made under sub-paragraph (1) may refer the matter to the Ministry and the Ministry shall give such direction thereon as it thinks fit.
PART II
DUTY OF PARENT OF REGISTERED PUPIL TO SECURE HIS REGULAR ATTENDANCE AT SCHOOL
3 (1) Subject to the following provisions of this paragraph, it shall be the duty of a parent of a registered pupil at a school to secure his regular attendance at that school.
(2) For the purposes of sub-paragraph (1) and of any proceedings brought under paragraph 4 in respect of a child who is not a boarder at the school at which he is a registered pupil, the child shall not be deemed to have failed to attend regularly at the school only by reason of his absence therefrom -
(a) at any time when he was prevented from attending by reason of sickness or other unavoidable cause;
(b) if the parent proves that the school at which the child is a registered pupil is not within walking distance of the child's home and either that -
(i) no arrangements whereby transport is available to the child have been made by the board under Article 41 and no arrangements have been made for boarding accommodation for him at or near the school or for enabling him to become a registered pupil at a school nearer to his home; or
(ii) any arrangements which have been made under Article 41 whereby transport is available to the child for any part of the journey between his home and school are such that he has still to walk more than walking distance in the course of that journey.
(c) at any time when he is employed in accordance with the provisions of Article 51(2).
(3) Where, in any proceedings brought against a parent on the ground that a child who is a registered pupil at a school has failed to attend that school regularly. it is proved that the child has no fixed abode, sub-paragraph (2)(b) shall not apply but the parent shall be entitled to be acquitted if he proves that he is engaged in any trade or business of such a nature as to require him to travel from place to place and that the child has attended (at the school at which he was a registered pupil) as regularly as the trade or business of the parent permitted provided that, in the case of a child who has attained the age of six years, he has so attended on at least one hundred days during the period of twelve months ending with the date on which the proceedings were instituted.
(4) In any proceedings as aforesaid in respect of a child who is a boarder at the school at which he is a registered pupil, the child shall be deemed to have failed to attend regularly at the school if he is absent therefrom at a time when he was not prevented from being present by reason of sickness or other unavoidable cause.
(5) For the purpose of determining whether a child of compulsory school age who is a registered pupil at a school has failed to attend regularly because of sickness, a board may cause the child to be examined either at his home or elsewhere by a medical practitioner and where the parent of a child unreasonably prevents a board from exercising its power to have a child so examined he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £10.
(6) In this paragraph "walking distance" means, in relation to a child who has not attained the age of eleven years, two miles and, in the case of any other child, three miles measured by the nearest available route.
PART III
OFFENCES, PENALTIES AND ENFORCEMENT
4 (1) Where a parent on whom a school attendance order has been served fails to comply with the requirements of the order or, subject to paragraph 3, where a
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child of compulsory school age who is a registered pupil at a school fails to attend regularly at that school, the parent shall be guilty of an offence unless he proves that he is causing the child to receive, otherwise than at school, efficient full-time education suitable to his age, ability and aptitude.
(2) A person guilty of an offence under sub-paragraph (1) shall be liable on summary conviction -
(a) for a first offence, to a fine not exceeding £10;
(b) for a second offence, to a fine not exceeding £20; and
(c) for a third or subsequent offence to a fine not exceeding £20 or to imprisonment for a term not exceeding three months or to both.
5 (1) It shall be the duty of a board to institute proceedings against a parent for an offence under paragraph 4(1) where in its opinion the institution of such proceedings is necessary for the purposes of enforcing the duty imposed on a parent by Article 35 to cause his child to receive efficient full-time education suitable to his age, ability and aptitude.
(2) Without prejudice to sub-paragraph (1), where -
(a) a child of compulsory school age who is a registered pupil at a school fails to attend regularly thereat; or
(b) a child in respect of whom a school attendance order has been made has not become a registered pupil at the school named in the order;
the board may, if satisfied that it is necessary to do so for the purpose of securing the regular attendance of the child at school, bring the child before a juvenile court.
(3) Without prejudice to the institution of proceedings for an offence under section 27 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.)), where it appears to a board that a child of compulsory school age who is for the time being in its area is a child whom a person habitually wandering from place to place takes with him, the board may, if satisfied that it is necessary to do so in order to secure that the child receives efficient full-time education suitable to his age, ability and aptitude, bring the child before a juvenile court.
6 (1) Where the court before which a prosecution is brought for an offence under paragraph 4 -
(a) is, whether or not the parent is convicted of the offence, satisfied that the child in respect of whom the offence is alleged to have been committed has failed to attend regularly at the school at which he is a registered pupil; or
(b) convicts a person of failure to comply with a school attendance order in respect of a child;
the court may direct that the child be brought before a juvenile court by the board by whom or on whose behalf the proceedings were instituted.
(2) Where a person against whom proceedings are taken for failure to comply with the provisions of a school attendance order is acquitted, the court may direct that the school attendance order shall cease to have effect but without prejudice to the duty of the board to take further action under this Schedule if at any time the board is of opinion that, having regard to any change of circumstances, it is expedient to do so.
7. A juvenile court before which a child is brought under sub-paragraph (2) or (3) of paragraph 5 or by virtue of a direction under paragraph 6(1) may, if it is satisfied that it is necessary to do so for the purpose of securing the regular attendance of the child at school or of securing that the child receives, otherwise than at school, full-time education suitable to his age, ability and aptitude, make any order which a juvenile court has power to make under section 95 of the Children and Young Persons Act (Northern Ireland) 1968 in the case of persons brought before it under section 94 of that Act.
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8. For the purposes of a prosecution of the parent of a child for an offence under paragraph 4, the parent of the child shall be required to give to the court such information as he possesses regarding the date and place, and place of registration, of the birth of the child and where the parent refuses or is unable to give such information, the child shall, in so far as his having been of compulsory school age at any time is material, be presumed to have been of compulsory school age at that time.
9. For the purposes of the Children and Young Persons Act (Northern Ireland) 1968, -
(a) any child with respect to whom a direction has been given under paragraph 6(1) that he be brought before a juvenile court and any child brought before such a court by virtue of paragraph 5(2); and
(b) any child who is about to be brought or is brought before a juvenile court by virtue of paragraph 5(3);
shall be deemed to be a child about to be brought or brought before such a court under section 94 of the said Act of 1968, and any order made by a juvenile court under paragraph 7 shall be deemed to be an order made under section 95 of the said Act of 1968 and the provisions of that Act shall have effect accordingly but subject to the modification that in relation to any such child section 99 of that Act shall have effect as if the words "A constable or" were omitted therefrom.
10 (1) Proceedings for an offence under this Schedule shall not be taken except by or on behalf of a board or by an officer appointed for the purpose and authorised in that behalf by the board.
(2) Any such officer appointed and authorised as aforesaid may, on behalf of a board, -
(a) perform the functions of a board under sub-paragraph (2) or (3) of paragraph 5 or carry out any direction of a court given under paragraph 6(1);
(b) although not of counsel or a solicitor, prosecute or conduct any proceedings brought under this Schedule before a court of summary jurisdiction and conduct any proceedings brought under this Schedule before a juvenile court.
PART IV
TRANSITIONAL PROVISIONS
11 (1) A school attendance order served by a former local education authority before the coming into operation of this Schedule under the provisions of any enactment repealed by this Order shall be deemed to have been served by the board for the area in which the child resides and the provisions of this Schedule shall apply to any such order accordingly.
(2) A board may -
(a) continue any prosecution or other legal proceeding begun by a former local education authority under the provisions of any enactment corresponding to the provisions of this Schedule and repealed by this Order;
(b) initiate a prosecution or other legal proceeding in respect of any offence committed before the coming into operation of this Schedule under the provisions of any enactment corresponding to the provisions of this Schedule and repealed by this Order.
SCHEDULE 10
Article 56(1), (2)
APPOINTMENT, TRANSFER AND DISMISSAL OF TEACHERS
PART I
APPOINTMENT OF PRINCIPALS AND CERTAIN OTHER TEACHERS IN CONTROLLED SCHOOLS
1. This Part applies to the appointment of a teacher to a post of principal, or such other post as may be prescribed, in a controlled school other than a technical intermediate school and in this Part the expression "post" shall be construed accordingly.
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2. Subject to the provisions of any regulations made by the Ministry, a board may, without advertisement, appoint a teacher to a vacant post if -
(a) the school management committee of the school to which the appointment is to be made has given to the board its prior consent to the appointment; and
(b) the teacher is either a teacher in the school to which the appointment is being made or is a person employed either in a controlled school under the management of the board or in a grant aided school in the area of the board in a post of principal or such other post as may be prescribed,
3 (1) Except as otherwise provided in paragraph 2, where it is necessary for a board to appoint a person to a post -
(a) the board shall advertise the post in the prescribed manner;
(b) applications for the post shall be made to the board on forms approved by the Ministry;
(c) the board shall send to the school management committee of the school to which the appointment is to be made the application forms from candidates for the appointment who appear to the board to be qualified or provisionally qualified for the post.
(2) The school management committee shall, at a meeting or meetings duly convened for the purpose, consider all application forms sent to it under sub-paragraph (1)(c) and, after interviewing such number, if any, of the candidates as it considers necessary, shall -
(a) if there are more than three qualified or provisionally qualified candidates either -
(i) submit to the board the names of three such candidates as it considers most suitable for appointment; or
(ii) inform the board that it cannot recommend any of the candidates;
(b) if there are less than four qualified or provisionally qualified candidates either -
(i) submit to the board the name or names of the candidate or candidates whom it is prepared to recommend; or
(ii) inform the board that it is not prepared to recommend any of the candidates.
(3) Where the school management committee recommends a candidate or candidates for appointment, the board may interview the candidate or any of the candidates and may appoint to the post any candidate recommended by the school management committee.
(4) Where a school management committee informs the board that it is not prepared to recommend any of the candidates and the board agrees that none of the candidates should be appointed, the board may again advertise the post in the prescribed manner and where it does so shall again comply with the provisions of this paragraph.
(5) Where the board is not prepared to appoint the candidate or any of the candidates recommended by the school management committee or where the school management committee has informed the board that it is not prepared to recommend any of the candidates and the board is of opinion that one of the candidates should be appointed or the school management committee fails to comply with sub-paragraph (2), and if, after consultation with the school management committee, the board and the committee cannot agree either that one of the candidates should be appointed or that the post should be advertised again under sub-paragraph (1) and that this paragraph be again complied with, the board shall refer the matter to the Ministry.
(6) Where a matter is referred to the Ministry under sub-paragraph (5) the Ministry shall, after making such inquiries, if any, as it considers necessary, either -
(a) direct the appointment of one of the candidates; or
(b) direct the board to advertise the post again in the prescribed manner and to comply again with the provisions of this paragraph;
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and the board shall then forthwith take all necessary steps to comply with the Ministry's directions.
(7) In this paragraph "provisionally qualified" in relation to a candidate for appointment to a teaching post means a person who may reasonably be expected to hold such qualifications as may be approved by the Ministry for appointment to such post before the date on which the appointment would take effect.
4. The functions of a board under this Part shall be performed on behalf of the board by the teaching appointments committee of the board.
PART II
APPOINTMENT AND TRANSFER OF ASSISTANT TEACHERS TO CONTROLLED SCHOOLS
5. In this Part "assistant teacher" means a teacher (other than a principal or the holder of such other post as may be prescribed under paragraph 1) in a controlled school other than a technical intermediate school.
6 (1) Where it is necessary for a board to appoint a person as an assistant teacher, other than a temporary or part-time assistant teacher, in a controlled school in the area of the board -
(a) the board shall advertise the post in the prescribed manner;
(b) applications for the post shall be made to the board on forms approved by the Ministry;
(c) the board shall send to the school management committee of the school to which the appointment is to be made, the application forms from candidates for the appointment who appear to the board to be qualified or provisionally qualified for the post.
(2) The school management committee shall, at a meeting or meetings duly convened for the purpose, consider all application forms sent to it under sub-paragraph (1)(c) and, after interviewing such number, if any, of the candidates as it considers necessary, shall either -
(a) inform the board that in its opinion none of the candidates should be appointed; or
(b) inform the board of the name of the candidate whom it proposes should be appointed and of the names of such other candidates, if any, as it proposes should be offered the appointment if the first-named candidate is for any reason not available for appointment, the names of such other candidates, if more than one, being placed in the order in which it considers that they should be offered the appointment.
(3) Where a school management committee informs the board that in its opinion none of the candidates should be appointed and -
(a) the board is satisfied that none of the candidates should be appointed, the board may again advertise the post in the prescribed manner and, where it does do, shall again comply with the provisions of this paragraph; or
(b) the board is of opinion that one of the candidates should be appointed and if, after consultation with the school management committee, the board and the committee cannot agree either on the appointment of one of the candidates, or that the post should be advertised again under sub-paragraph (1) and that this paragraph be again complied with, the board shall refer the matter to the Ministry.
(4) Where a school management committee makes proposals under sub-paragraph (2)(b) for the appointment of a candidate and the board is satisfied to act in accordance with those proposals, the board shall take all necessary steps to appoint a candidate in accordance with those proposals but where the board is not so satisfied or the school management committee fails to comply with sub-paragraph (2) then, if after consultation with the school management committee, the board and the committee cannot agree either on the appointment of one of the candidates or that the
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post. should be advertised again under sub-paragraph (1) and that this paragraph be again complied with, the board shall refer the matter to the Ministry.
(5) Where a matter is referred to the Ministry under sub-paragraph (3) or (4), the Ministry may make such inquiries, if any, as it thinks necessary and shall then either -
(a) direct that a candidate be appointed in accordance with the proposals of the board or the school management committee; or
(b) direct that some other candidate be appointed; or
(c) direct the board to advertise the post again in the prescribed manner and to comply again with the provisions of this paragraph;
and the board shall then forthwith take all necessary steps to comply with the Ministry's directions.
(6) A board may appoint a person as a temporary or part-time teacher in a controlled school under its management without complying with the foregoing provisions of this paragraph but where the school management committee of the school objects to the appointment -
(a) the board shall refer the matter to the Ministry;
(b) the Ministry shall consider any representations made to it by the board or the school management committee; and
(c) the Ministry shall determine whether the appointment should be continued and, if not, the date on which it should terminate.
(7) A board may, with the prior consent of the school management committee of the school to which a teacher is being transferred or appointed and without complying with the foregoing provisions of this paragraph, transfer or appoint to a post of assistant teacher in a controlled school under its management a teacher employed either in a controlled school under the management of the board or a grant-aided school in the area of the board.
(8) In this paragraph "provisionally qualified" has the same meaning as in paragraph 3.
PART III
APPOINTMENT OF PERIPATETIC AND SUPPLY TEACHERS
7 (1) The number of peripatetic teachers employed by a board and the purposes for which they are employed shall be in accordance with arrangements made by the board and approved by the Ministry and a board shall not employ such teachers otherwise than by arrangements so made and approved.
(2) The number of supply teachers employed by a board shall be subject to the approval of the Ministry.
8 (1) Where a board intends to appoint either a peripatetic teacher or a supply teacher the board shall advertise the post in the prescribed form and applications shall be made to the board on forms approved by the Ministry.
(2) The board Shall, at a meeting or meetings duly convened for the purpose, consider all application forms sent to it from candidates for the post who appear to the board to be qualified for the appointment and the board, after interviewing such number of the candidates as it considers necessary, may appoint a candidate or candidates.
(3) Where the board is not prepared to appoint any of the candidates interviewed by it, the board shall refer the matter to the Ministry and the Ministry shall, after making such inquiries, if any, as it considers necessary, -
(a) direct the appointment of a particular candidate or candidates; or
(b) direct the board to advertise the post again and to comply again with the provisions of sub-paragraphs (1) and (2); or
(c) direct the board not to make an appointment;
and the board shall then comply with the Ministry's directions.
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9. Where the management committee of a controlled school or institution of further education objects to the employment of a supply teacher in a school or institution under its management the provisions of heads (a), (b) and (c) of paragraph 6(6) shall apply.
10. A board may permit peripatetic teachers employed by it to be employed in a voluntary school if so requested by the management body of that school.
PART IV
DISMISSAL OF TEACHERS IN GRANT-AIDED SCHOOLS AND INSTITUTIONS
11 (1) A teacher in a grant-aided school or institution who receives notice of dismissal from his position at the school or institution may within six weeks from receiving the notice present a petition to the Ministry requesting an investigation into the reasons for the dismissal.
(2) Where the Ministry receives a petition duly made under sub-paragraph (1) it shall cause to be made such investigation as it thinks fit and if, in the course of any such investigation it considers that an inquiry should be held into the reasons for the dismissal, it may hold or cause to be held such inquiry as it thinks fit.
(3) At any inquiry held under sub-paragraph (2), the dismissed teacher, the board having the management of the school or institution from which the teacher was dismissed or, if the school or institution is not under the management of a board, the managers of the school or institution shall be entitled to appear and be heard and to be represented.
(4) If, as the result of an investigation or inquiry under sub-paragraph (2), the Ministry is of opinion that the dismissal is not reasonably justifiable, the Ministry shall inform the teacher and the board or, as the case may be, the managers of the school or institution accordingly and if the board is or, as the case may be, the managers of the school or institution are unable or unwilling to retain or reinstate the teacher, the Ministry may -
(a) withhold or reduce any grant payable by it to or in respect of the school or institution by such amount as the Ministry may determine not exceeding the amount of the salary and emoluments, if any, of the teacher for a period of twelve months at the rate at which he would have been entitled to be paid had he continued at the school or institution in the position from which he was dismissed and the Ministry shall pay the amount so withheld to the teacher; and
(b) exercise the powers conferred on it by Article 90 (1).
(5) The provisions of this Part shall apply notwithstanding any provisions contained in the agreement under which a teacher is employed and whether the agreement was entered into before or after the coming into operation of this Part.
(6) Nothing. in this Part shall affect the powers of the managers of a school or institution summarily to suspend any teacher from the performance of duty.
PART V
DISMISSAL OF PERIPATETIC TEACHERS AND SUPPLY TEACHERS
12. The provisions of paragraph 11 shall apply to the dismissal of a peripatetic teacher or a supply teacher in like manner as it applies to the dismissal of a teacher in a grant-aided school but for the purpose of its application to peripatetic teachers and supply teachers in sub-paragraph (3) for the words from "the board" to "managers of the school or institution" there shall be substituted the words "and the board by whom the teacher was employed", in sub-paragraph (4) the words from "or, as" where they first occur to "accordingly", the words from "or, as" where they secondly occur to "are" and head (a) shall be omitted and the reference in sub-paragraph (6) to the managers of a school or institution shall be construed as a reference to a board.
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SCHEDULE 11
Article 70
THE STAFF COMMISSION FOR EDUCATION AND LIBRARY BOARDS
1. The Staff Commission shall be a body corporate with perpetual succession and, subject to paragraph 3(2), section 19 of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) shall apply to it.
2 (1) The members of the Staff Commission shall be appointed by the Minister and shall consist of -
(a) a chairman;
(b) five members of boards appointed after consultation with all the boards;
(c) two chief officers of boards appointed after consultation with the chief officers of all the boards;
(d) one chief librarian of a board appointed after consultation with the chief librarians of all the boards;
(e) two persons, not being chief officers or chief librarians of boards, appointed after consultation with such associations representative of the staff of boards as the Minister considers appropriate;
(f) two other persons.
(2) The term of office of a member of the Staff Commission shall be such as the Minister may determine but a member shall be eligible for re-appointment on the expiry of his period of office.
(3) An officer of the Ministry may be appointed by the Minister as assessor to the Staff Commission with the right to receive notices of, and to attend and speak at, meetings of the Commission but he shall not be entitled to vote.
(4) The Staff Commission may appoint a person as observer to attend any meeting of a board or committee of a board at which the appointment of officers is being considered and a board shall give an observer so appointed notice of and access to any such meeting.
(5) The Staff Commission may pay -
(a) to its chairman, such remuneration; and
(b) to its chairman and its other members such reasonable allowances in respect of expenses properly incurred in the performance of their duties;
as may be determined by the Ministry with the approval of the Ministry of Finance.
3 (1) The functions of the Staff Commission shall be -
(a) to make recommendations regarding the training of officers of boards;
(b) to recommend appointment and promotion procedures for officers of boards and to establish a code of procedure for securing fair and equal consideration of applications to boards by persons seeking to be employed as officers of boards and fair and equal treatment of persons who are so employed.
(c) to establish advisory panels for the purpose of giving advice to boards on the suitability of applicants for appointment to such offices as the Commission considers appropriate;
(d) to ensure that suitable machinery exists for negotiating the terms and conditions of employment of all officers of boards;
(e) to perform such other functions as the Ministry may from time to time assign to it;
but the functions specified in paragraph (c) shall not be exercised in relation to appointments to which Article 71(2) or 77 applies.
(2) The right of the Staff Commission under section 19(1)(a)(vi) of the Interpretation Act (Northern Ireland) 1954 to employ staff shall be exercised subject to any direction which may be given by the Ministry with respect to the number and terms and conditions of service of persons employed or to be employed by the Commission.
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(3) Where the Staff Commission makes a recommendation to a board and the board does not comply with the recommendation within a reasonable period, the Staff Commission may refer the matter to the Ministry and the Ministry shall give such directions to the board or the Staff Commission as it thinks fit.
(4) Each board shall -
(a) make such reports and returns with respect to its officers and their terms and conditions of employment;
(b) furnish such estimates of its probable future staff requirements;
(c) give such information with respect to matters connected with the employment of any officer;
to the Commission, and within such time, as the Commission may require.
4. The Staff Commission shall keep such accounts and records as the Ministry directs and those accounts shall be audited annually by the Ministry.
5. Articles 92(1), 103 and 104 shall apply to the Staff Commission in like manner as they apply to a board.
SCHEDULE 12
Articles 94 and 95
MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 (c. 9 (N.I.)) FOR THE PURPOSES OF ARTICLES 94(7) and 95 (2)
PART I
MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 94(7)
1. References to the Ministry concerned or to the Council shall be construed as references to the Ministry within the meaning of this Order.
2. References to the said Schedule 6 shall be construed as references to that Schedule as modified by this Part.
3. Paragraph 1 shall be omitted.
4. In paragraph 2 -
(a) for the words from the beginning to "directs" there shall be substituted"where the Ministry proposes to acquire land under Article 94(7) otherwise than by agreement, it shall give public notice of its intention to do so and such notice -";
(b) in sub-paragraph (c) for the words "as may be prescribed" there shall be substituted the words "as the Ministry considers fit".
5. For paragraph 3(1)(ii) there shall be substituted "decide not to make the order".
6. In paragraph 4 the words from "and may provide" to the end of the paragraph shall be omitted.
7. In paragraph 5 -
(a) in sub-paragraph (1)(a) the words "in the prescribed form and manner" shall be omitted;
(b) in sub-paragraph (1)(b) the two references to the said Act of 1972 shall be construed as references to this Order;
(c) in sub-paragraph (1)(d) the words "in the prescribed form" shall be omitted;
(d) in sub-paragraph (2) for the words "as may be prescribed" there shall be substituted the words "as the Ministry considers fit".
8. In paragraph 6(2) for the words "fund out of which the expenses of the council in acquiring the land are to be defrayed" there shall be substituted the words "Consolidated Fund" and for the words "out of the compensation fund" there shall be substituted the words "made by the Ministry".
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9. In paragraph 11(3) the words "in the prescribed form" shall be omitted.
10. In paragraph 12 in sub-paragraph (1) the words "such" and "as may be prescribed" shall be omitted and in sub-paragraph (2) for the words from "clerk" to "directs" there shall be substituted the words "Ministry as correct, and shall publish".
11. In paragraph 14(1), the words "in the prescribed form" shall be omitted.
12. In paragraph 15(1) for the words "in the prescribed form" there shall be substituted the words "in such form as may be approved by the Ministry".
13. Paragraph 19 shall be omitted.
14. In paragraph 20, sub-paragraph (2) shall be omitted.
PART II
MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 95(2)
1. For any reference to a council or the council or the clerk of the council there shall be substituted a reference to a board or the board or the chief officer of the board respectively.
2. For any reference to the Ministry concerned there shall be substituted a reference to the Ministry.
3. For any reference to that Act there shall be substituted a reference to this Order.
4. Any references to that Schedule shall be construed as references to that Schedule as modified by this Part.
5. Paragraph 19 shall be omitted.
SCHEDULE 13
Article 108(3)
THE NORTHERN IRELAND SCHOOLS EXAMINATIONS COUNCIL
PART I
THE CONSTITUTION OF THE COUNCIL
1 (1) The Council shall consist of a Chairman appointed by the Minister and not less than twenty-four nor more than twenty-seven other members appointed by the Minister in accordance with the succeeding provisions of this paragraph.
(2) The other members shall be -
the Chairman of the G.C.E. Board;
the Chairman of the C.S.E. Board;
ten persons representing teachers in secondary schools;
two persons representing teachers in institutions of further education;
four persons representing the Queen's University of Belfast and the New University of Ulster;
one person representing the Ulster College; two persons representing colleges of education;
three persons representing education and library boards;
and not more than three additional members.
(3) The other members shall be appointed from amongst the members of the G.C.E. Board and the C.S.E. Board, being persons appearing to the Minister to represent the appropriate interests.
(4) In appointing the other members-of the Council the Minister shall ensure that so far as is practicable, the Council contains an equal number of members of the G.C.E. Board and the C.S.E. Board.
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(5) Persons who are members of the Council at the date of the coming into operation of this paragraph shall be deemed to have been appointed under this paragraph and shall continue to be members of the Council for the period during which they would have so continued if this Order had not been passed.
2 (1) The Minister may appoint not more than three assessors to the Council and each assessor shall be entitled to receive notice of, and to attend and speak at, meetings of the Council and of committees and sub-committees thereof, but shall not be entitled to vote.
(2) Section 18(2) of the Interpretation Act (Northern Ireland) 1954 (except so much thereof as relates to remuneration) shall apply to the appointment of assessors.
3 (1) The term of office of the Chairman and the other members of the Council shall be three years or such shorter period as may be determined by the Minister at the time the appointment is made but a person appointed to fill a casual vacancy shall hold office only for the remainder of the term for which the member he replaces was appointed.
(2) A member of the Council shall be eligible for re-appointment on the expiry of his period of office.
(3) A member shall be deemed to have vacated his office and the Council shall declare his place vacant in the following circumstances -
(a) where he gives to the Minister a notice in writing of his resignation;
(b) where he becomes bankrupt or makes a composition with his creditors;
(c) where, in the opinion of the Minister, he becomes incapacitated to hold office and the Minister so informs the Council in writing;
(d) where he is convicted of an indictable offence and is sentenced to a term of imprisonment of not less than three months; or
(e) where he fails, without leave of the Council, to attend any meetings of the Council or of a committee or sub-committee thereof for a period of twelve consecutive months.
PART II
SUPPLEMENTARY PROVISIONS AS TO THE COUNCIL
4. The Council shall make arrangements for the consideration by the Council of appeals against any decision or complaints against any action of the G.C.E. Board or the C.S.E. Board and may, after consultation with whichever of those Boards is concerned, refer the matter to that Board for further consideration.
5 (1) The Council shall appoint a Finance Committee not less than one-third of the members of which shall be members for the time being appointed to the Council as representing education and library boards.
(2) The Council may appoint such other committees as it thinks fit and the membership of such other committees may include persons who are not members of the Council.
(3) The Council may delegate any of its functions to a committee, but functions which are related to finance may be delegated only to the Finance Committee.
(4) The powers of any committee of the Council shall be exercised, and the proceedings of the committee shall be regulated, in accordance with, and subject to, any directions given by the Council.
6. The proceedings of the Council or of any committee or sub-committee shall not be invalidated by any vacancy in the membership of the Council, or of any committee or sub-committee, or by any defect in the appointment of member.
7. Without prejudice to section 19(1)(a)(v) of the Interpretation Act (Northern Ireland) 1954, the Council shall make standing orders relating to the convening of
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meetings of the Council and of committees and sub-committees, the fixing of the quorum, the conduct of business at meetings, the keeping of minutes, accounts and other records, the signing of cheques, the custody of deeds and other documents, the duties of officers and such other matters connected with the conduct of its business as it thinks fit.
8. The common seal of the Council shall, when applied to a document, be attested by the signatures of any two members of the Council authorised by the Council to act for that purpose.
9 (1) The right of the Council under section 19(1)(a)(vi) of the Interpretation Act (Northern Ireland) 1954 to employ staff shall be exercised subject to any directions which may be given by the Ministry with respect to the number and terms and conditions of service of persons employed or to be employed by the Council.
(2) The officers of the Council shall be appointed at such rates of remuneration as the Council may, with the approval of the Ministry and the Ministry of Finance, determine.
(3) The Council may, in accordance with arrangements approved by the Ministry and the Ministry of Finance, make provision for the payment on death or retirement of pensions, gratuities or other like benefits to or in respect of the service of officers of the Council.
(4) The Council shall, after consultation with the Ministry, appoint a fit person to be its chief officer.
(5) Before making any appointment under sub-paragraph (4), the Council shall supply to the Ministry particulars of the names, previous experience and qualifications of the persons from whom it proposes to make a selection, and if the Ministry considers that any person whose name is submitted is not a fit person to be the chief officer of the Council, the Ministry may give directions prohibiting his appointment.
(6) A person who is an officer of the Council shall not be qualified to be a member of the Council or of the G.C.E. Board or the C.S.E. Board.
10. The Council may pay to any member of the Council or of the G.C.E. or C.S.E. Boards or to any member of a committee or sub-committee thereof (including persons who are not members of the Council or of those Boards) travelling, subsistence and other allowances at such rates as the Ministry may approve.
SCHEDULE 14
Article 111(2), (3)
THE NORTHERN IRELAND GENERAL CERTIFICATE OF EDUCATION EXAMINATIONS BOARD AND THE NORTHERN IRELAND CERTIFICATE OF SECONDARY EDUCATION EXAMINATIONS BOARD
PART I
CONSTITUTION OF THE NORTHERN IRELAND GENERAL CERTIFICATE OF EDUCATION EXAMINATIONS BOARD
1 (1) The G.C.E. Board shall consist of a Chairman appointed by the Minister and not less than thirty-one nor more than thirty-four other members appointed by the Minister in accordance with the succeeding provisions of this paragraph.
(2) The other members shall be -
eleven persons representing teachers in secondary schools;
three persons representing teachers in institutions of further education;
eleven persons representing the Queen's University of Belfast and the New University of Ulster;
two persons representing the Ulster College;
two persons representing colleges of education;
two persons representing education and library boards;
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and not more than three additional members, being persons who have qualifications which, in the opinion of the Minister, make them suitable for appointment to the Board.
(3) The other members, except the additional members, shall be appointed by the Minister after consultation with bodies recognised by the Minister as representing the appropriate interests.
(4) Persons who are members of the G.C.E. Board at the date of the coming into operation of this paragraph shall be deemed to have been appointed under this paragraph and shall continue to be members of the G.C.E. Board for the period during which they would have so continued if this Order had not been made.
2 (1) The Minister may appoint not more than two assessors to the G.C.E. Board and each assessor shall be entitled to receive notice of, and attend and speak at, meetings of that Board and of committees and sub-committees thereof, but shall not be entitled to vote.
(2) Section 18 (2) of the Interpretation Act (Northern Ireland) 1954 (a) (except so much thereof as relates to remuneration) shall apply to the appointment of assessors.
PART II
CONSTITUTION OF THE NORTHERN IRELAND CERTIFICATE OF SECONDARY EDUCATION EXAMINATIONS BOARD
3 (1) The C.S.E. Board shall consist of a Chairman appointed by the Minister and not less than twenty-four nor more than thirty-seven other members appointed by the Minister in accordance with the succeeding provisions of this paragraph.
(2) The others members shall be -
twelve persons representing teachers in secondary schools;
two persons representing teachers in institutions of further education;
four persons representing education and library boards;
four persons representing Universities and other institutions of higher education;
two additional members, being persons of experience in industry and commerce;
and not more than three other additional members who have qualifications which, in the opinion of the Minister, make them suitable for appointment to the C.S.E. Board.
(3) As soon as may be after the establishment of the C.S.E. Board, and after the appointment by that Board of subject panels, that Board shall nominate teachers serving on the panels for membership of that Board and shall forward the nominations to the Minister.
(4) The Minister shall appoint from amongst the persons nominated under sub-paragraph (3) ten persons to be members of the C.S.E. Board.
(5) On the making of appointments under sub-paragraph (4), sub-paragraph (1) shall have effect as if for the words "twenty-four" there were substituted the words "thirty-four".
(6) The other members, except the additional members and the members appointed under sub-paragraph (4), shall be appointed by the Minister after consultation with bodies recognised by the Minister as representing the appropriate interests.
(7) Persons who are members of the C.S.E. Board at the date of the coming into operation of this paragraph shall be deemed to have been appointed under this paragraph and shall continue to be members of the C.S.E. Board for the period during which they would have so continued if this Order had not been made.
4 (1) The Minister may appoint not more than two assessors, and the Northern Ireland Youth Employment Service Board may appoint one assessor, to the C.S.E. Board and each assessor shall be entitled to receive notice of, and attend and speak
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at, meetings of that Board and of committees and sub-committees thereof, but shall not be entitled to vote.
(2) Section 18(2) of the Interpretation Act (Northern Ireland) 1954 (except so much thereof as relates to remuneration) shall apply to the appointment of assessors.
PART III
SUPPLEMENTARY PROVISIONS AS TO THE EXAMINATIONS BOARDS
5. In this Part -
"the Examinations Board" means the G.C.E. Board or the C.S.E. Board;
"the relevant examinations" means the examinations for the relevant certificate; "the relevant certificate" in relation to the G.C.E. Board means the Northern Ireland General Certificate of Education and in relation to the C.S.E. Board means the Northern Ireland Certificate of Secondary Education.
6 (1) It shall be the duty of the Examinations Board, as from a date to be determined by the Ministry after consultation with the Council and the Examinations Board, to conduct the relevant examinations and to award the relevant certificate in accordance with such rules as the Examinations Board, with the approval of the Council, may determine.
(2) Arrangements made by the Examinations Board for the conduct of the relevant examinations may include provision -
(a) for the conduct of external examinations on syllabuses prescribed by the Examinations Board;
(b) for the conduct of external examinations on syllabuses prepared by individual schools or groups of schools; and
(c) for external assessment of examinations conducted internally by individual schools or groups of schools.
(3) Subject to the approval of the Council, the Examinations Board may enter into arrangements to perform functions or provide services on behalf of any other examining body or authority and such arrangements may provide for the payment by the said body or authority of the whole or part of any expenditure incurred by the Examinations Board in carrying out the arrangements.
(4) Subject to the approval of the Council, the Examinations Board may arrange for the relevant examinations, or part thereof, to be conducted on their behalf by any other examining body or authority and may make payments to that body or authority in respect of the expenditure incurred by it in carrying out the arrangements.
(5) The Examinations Board shall seek to ensure that the standards of the relevant examinations are recognised as equivalent to the standards of examinations conducted by other examining bodies exercising similar functions elsewhere in the United Kingdom.
(6) The Examinations Board may conduct investigations into methods of examining and such other matters as the Examinations Board, with the approval of the Council, may determine, may take part in investigations into such matters conducted by another body.rand may make to such body payments in respect of the expenditure incurred by it in conducting such investigations.
(7) The Examinations Board shall have regard to any views on the discharge of their functions which may be conveyed to them by the Council.
7 (1) The Examinations Board shall not, except with the approval of the Council, introduce new subjects in the relevant examinations.
(2) The G.C.E. Board shall not, except with the approval of the Council, introduce new syllabuses in subjects of the relevant examinations at the Advanced Level.
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8 (1) The term of office of the Chairman and the other members of the Examinations Board shall be three years or such shorter period as may be determined by the Minister at the time the appointment is made, but a person appointed to fill a casual vacancy shall hold office only for the remainder of the term for which the member he replaces was appointed.
(2) A member of the Examinations Board shall be eligible for re-appointment on the expiry of his period of office.
(3) A member shall be deemed to have vacated his office and the Examinations Board shall declare his place vacant in the following circumstances -
(a) where he gives to the Minister a notice in writing of his resignation;
(b) where he becomes bankrupt or makes a composition with his creditors;
(c) where, in the opinion of the Minister, he becomes incapacitated to hold office, and the Minister so informs the Examinations Board in writing;
(d) where he is convicted of an indictable offence and is sentenced to a term of imprisonment of not less than three months;
(e) where he fails, without leave of the Board, to attend any meetings of the Examinations Board or of a committee or sub-committee thereof for a period of twelve consecutive months.
9 (1) The Examinations Board may appoint such committees and subject panels as they think fit and the membership of such committees and subject panels may include persons who are not members of the Examinations Board.
(2) The Examinations Board may, subject to the approval of the Council, delegate any of their functions to a committee or subject panel appointed under sub-paragraph (1).
(3) The Examinations Board shall make standing orders relating to the convening of meetings of the Examinations Board, committees, sub-committees and subject panels, the fixing of the quorum, the conduct of business at meetings, the keeping of minutes, accounts and other records, the custody of documents and such other matters connected with the conduct of their business as they think fit.
(4) The proceedings of the Examinations Board or of any committee or subject panel shall not be invalidated by any vacancy in the membership of the Examinations Board, or of any committee or subject panel, or by any defect in the appointment of a member.
10 (1) For the purpose of discharging their duty under paragraph 6 the Examinations Board shall appoint such examiners, moderators and other persons as they consider necessary and shall pay them such salaries, fees or other allowances as the Board may, with the approval of the Ministry and the Council, determine.
(2) The Examinations Board, with the approval of the Council, shall publish rules and syllabuses for the relevant examinations and may publish specimen examination papers and such other material as they consider desirable.
(3) The Examinations Board shall make arrangements for the consideration by them of any representations and appeals relating to the discharge of their functions.
(4) The Examinations Board shall charge examination fees at rates approved by the Ministry and the Council.
(5) The relevant certificate awarded by the Examinations Board shall be signed on behalf of the Board and countersigned on behalf of the Council.
11. The Examinations Board shall submit to the Council an annual report on the relevant examinations and on the exercise of their functions and such report shall be in such form and contain such particulars as the Council may require.
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12 (1) The Examinations Board shall prepare and submit to the Council, on or before such date in each year as the Council may determine, such estimates of their receipts, and payments as the Council may require.
(2) The Examinations Board shall keep proper accounts and other records in such form as the Council may direct.
(3) The Examinations Board shall prepare and submit to the Council, on or before such date in each year, as the Council may determine, statements of account in respect of the financial year then last previously occurring.
(4) The accounts of the Examinations Board shall be audited by the Comptroller and Auditor-General for Northern Ireland.
SCHEDULE 15
Article 122
ENACTMENTS AMENDED
The Exchequer and Financial Provisions Act (Northern Ireland) 1950 (c. 3). | In section 33C(1) for the words "section one hundred and four of that Act" there shall be substituted the words "Article 104 of the Education and Libraries (Northern Ireland) Order 1972". |
The Youth Employment Service Act (Northern Ireland) 1961 (c. 8). | In section 15, in subsection (2) the words "four-fifths of" shall be omitted, sub-sections (3) and (4) shall cease to have effect; in subsection (5) the words "and by each council" and "and (3)" and paragraph (b) and the word "respectively" shall be omitted; subsections (6) and (7) shall cease to have effect.
In section 20, in the definition of "school" for the words "section one hundred and sixteen" there shall be substituted "Article 2" and for "Education Act (Northern Ireland) 1947" there shall be substituted "Education and Libraries (Northern Ireland) Order 1972".
In Schedule 1 (as substituted by section 2(1) of and the Schedule to the Youth Employment Service (Amendment) Act (Northern Ireland) 1968) at the end there shall be added -
"Provisions consequent on abolition of Education Committees
6 (1) Subject to paragraph 3(2) to (4), a member of the Board nominated by the Association of Northern Ireland Education Committees shall continue in office until replaced under sub-paragraph (2) or (3).
(2) Where a body which the Minister is satisfied represents the interests of education and library boards comes into being, that body shall, from such time as the Minister directs, exercise the rights of nomination conferred by this Schedule on the Association of Northern Ireland Education Committees and from that date references to that Association shall be construed as references to that body and members nominated by that Association or appointed under sub-paragraph (3) shall, from such date as the Minister may direct be replaced by persons nominated by that body.
(3) Until the Minister is satisfied that such a body as is referred to in sub-paragraph (2) exists, he shall give such directions as he thinks fit for the
|
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The Youth Employment Service Act (Northern Ireland) 1961 (c. 8) - cont. |
continuance in office or for the cessation of the appointment of members of the Board nominated by the Association of Northern Ireland Education Committees, as to their replacement by other persons who in his opinion are representative of education and library boards and as to the filling of casual vacancies.".
|
The Industrial Training Act (Northern Ireland) 1964 (c. 18). | In section 16 for the words from "by a" there shall be substituted the words "by an education and library board under Article 23 of the Education and Libraries (Northern Ireland) Order 1972". |
The Children and Young Persons Act (Northern Ireland) 1968 (c. 34). | In section 37, in subsection (1)(a) and subsection (4)(a)(i) for the words from "which is" to "school age" there shall be substituted the words "of thirteen years".
In section 40(6) for the words from "section" to "1947" there shall be substituted the words "Article 35 of and Schedule 9 to the Education and Libraries (Northern Ireland) Order 1972".
In section 85(4) for the words from "section 38A" to "1947" there shall be substituted the words "paragraph 5(3) of Schedule 9 to the Education and Libraries (Northern Ireland) Order 1972".
In section 149(3) for the words from "a local education authority" there shall be substituted the words "an education and library board in the exercise of its functions under this Act shall be defrayed as part of the payments referred to in Article 103 of the Education and Libraries (Northern Ireland) Order 1972".
In section 173(1)(b) for the words from "section" to "1947" there shall be substituted the words "Part III of Schedule 9 to the Education and Libraries (Northern Ireland) Order 1972".
In section 180(1), in the definition of "compulsory school age" for the words "Education Act (Northern Ireland) 1947" there shall be substituted the words "Education and Libraries (Northern Ireland) Order 1972" and for the words from "section 36" there shall be substituted the words "Article 36(2) of the said Order of 1972"; in the definition of "school" for the words from "Education" to "1947" there shall be substituted the words "Education and Libraries (Northern Ireland) Order 1972" and in the definition of "local education authority" for the words from "has" to "1947" there shall be substituted the words "shall be construed in accordance with Article 3(1) of the Education and Libraries (Northern Ireland) Order 1972". |
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SCHEDULE 16
Article 127
ENACTMENTS REPEALED
Chapter | Short Title | Extent of Repeal |
18 & 19 Vict. c. 40 | The Public Libraries Act (Ireland) 1855. | The whole Act so far as it relates to libraries. |
40 & 41 Vict. c. 15 | The Public Libraries (Ireland) Amendment Act 1877. | The whole Act so far as it relates to libraries. |
47 & 48 Vict. c. 37 | The Public Libraries Act 1884. | The whole Act so far as it relates to libraries. |
57 & 58 Vict. c. 38 | The Public Libraries (Ireland) Act 1894. | The whole Act so far as it relates to libraries. |
61 & 62 Vict. c. 53 | The Libraries Offences Act 1898. | The whole Act. |
1 Edw. 7 c. 19 | The Public Libraries Act 1901. | The whole Act as far as it relates to libraries. |
2 Edw. 7 c. 20 | The Public Libraries (Ireland) Act 1902. | Sections 5 and 7. Section 8 so far as it relates to libraries. |
14 & 15 Geo. 5 c. 10 | The Public Libraries Act (Northern Ireland) 1924. | The whole Act so far as it relates to libraries. |
20 & 21 Geo. 5 c. 14 | The Education Act (Northern Ireland) 1930. | The whole Act so far as unrepealed. |
26 Geo. 5 & 1 Edw. 8 c. 30 | The Unemployment Insurance Act (Northern Ireland) 1936. | Section 80. Sections 82 to 86. |
2 Geo. 6 c. 2 | The Unemployment Insurance Act (Northern Ireland) 1938. | The whole Act so far as unrepealed. |
2 & 3 Geo. 6 c. 28 | The Unemployment Insurance Act (Northern Ireland) 1939. | The whole Act so far as unrepealed. |
4 & 5 Geo. 6 c. 27 | The Education (Emergency Provisions) Act (Northern Ireland) 1940. | The whole Act so far as unrepealed. |
1947 c. 3 | The Education Act (Northern Ireland) 1947. | The whole Act so far as unrepealed. |
1950 c. 1 | The Education (Miscellaneous Provisions) Act (Northern Ireland) 1950. | The whole Act so far as unrepealed. |
1950 c. 3 | The Exchequer and Financial Provisions Act (Northern Ireland) 1950. | In section 33 C. (1) the words from the beginning to "1947". |
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Chapter | Short Title | Extent of Repeal |
1950 c. 20 | The Education (Extension of Benefits) Act (Northern Ireland) 1950. | The whole Act so far as unrepealed. |
1951 c. 10 | The Education (Amendment) Act (Northern Ireland) 1951. | The whole Act so far as unrepealed. |
1952 c. 17 | The Education (Miscellaneous Provisions) Act (Northern Ireland) 1952. | The whole Act so far as unrepealed. |
1953 c. 11 | The Education (Amendment) Act (Northern Ireland) 1953. | The whole Act so far as unrepealed. |
1956 c. 24 | The Education (Amendment) Act (Northern Ireland) 1956. | The whole Act so far as unrepealed, except sections 8(1) and 10(1). |
1958 c. 25 | The Local Government (Finance) (No. 2) Act (Northern Ireland) 1958. | Section 13. |
1958 c. 28 | The Education (Amendment) Act (Northern Ireland) 1958. | The whole Act so far as unrepealed. |
1960 c. 9 | The Education (Amendment) Act (Northern Ireland) 1960. | The whole Act so far as unrepealed. |
1961 c. ii | The Belfast Corporation (General Powers) Act (Northern Ireland) 1961. | In section 3, the definition of "Library". Sections 15 and 16. |
1962 c. 11 | The Education (Amendment) Act (Northern Ireland) 1962. | The whole Act. |
1963 c. 27 | The Education (Amendment) Act (Northern Ireland) 1963. | The whole Act so far as unrepealed. |
1966 c. 18 | The Education (Amendment) Act (Northern Ireland) 1966. | The whole Act. |
1968 c. 2 | The Education (Amendment) Act (Northern Ireland) 1968. | The whole Act. |
1968 c. 25 | The Financial Provisions Act (Northern Ireland) 1968. | Section 1(3). In Schedule 1, the entry relating to the Education Act (Northern Ireland) 1947. |
1970 c. 6 | The Education (Examinations; Act (Northern Ireland) 1970. | The whole Act. |
1971 c. 20 | The Education (Amendment) Act (Northern Ireland) 1971. | The whole Act. |
[page 96]
EXPLANATORY NOTE
(This note is not part of the Order.)
This Order makes new provision in relation to education and public libraries in Northern Ireland. The principal change made is to establish five education and library boards in place of the existing eight local education authorities and sixteen library authorities which will cease to exist not later than 1st April 1973.