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. Derry. Omagh. Strabane. |
The North-Eastern Education and Library Board. | Antrim. Ballymena. Ballymoney. Carrickfergus. Coleraine. Larne. Magherafelt. 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 Department.
(2) The Head of the Department 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;
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(b) persons appearing to the Head of the Department -
(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.
(3) Appointments under sub-paragraph (2)(b)(i) and (ii) shall be made after consultation (to such extent as may seem to the Head of the Department practicable and expedient) with interests appearing to the Head of the Department -
(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 1973 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.
(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 Head of the Department 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 term of office of that member.
Members nominated by district councils
2 (1) The Department 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 Department 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 Department 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
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the Head of the Department 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 Head of the Department 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 Department 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 primary 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 Head of the Department 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 Head of the Department 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;
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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 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, or a person ceases to be a member of a board under sub-paragraph (2), the board shall forthwith notify the fact to the Head of the Department and, if that member was nominated by a district council, to that council and thereupon the office shall become vacant.
(4) Attendance as a member of a board at any meeting of a committee of the board (other than a committee to which Article 10 or 28 applies) shall for the purposes of sub-paragraph (3) be regarded as an attendance at a meeting of the board.
(5) The Head of the Department when notified under sub-paragraph (3) that an office has become vacant because of the absence of a member of a board from meetings of the board, having considered the reason for his absence, may, if he thinks it desirable in the circumstances, re-appoint that person as a member of that board.
(6) 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(5) 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
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(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(5) 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 one of its members to be chairman and one of its members to be vice-chairman who, unless the board otherwise determines, shall 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 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.
12 (1) The Department 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 Department.
13 (1) A board may enter into contracts necessary for the discharge of any of its functions.
(2) A board may enter into an agreement with a public body for the supply by the board to the public body of any goods or materials and a board may purchase and store any goods or materials which in its opinion it may require for the purposes of this sub-paragraph.
(3) In sub-paragraph (2) "public body" means a body established by or under a transferred provision.
(4) 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 -
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(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.
(5) Without prejudice to section 19(1)(a)(ii) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)), 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 Head of the Department 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 under sub-paragraphs (b), (c) and (d) of paragraph 1 in like manner as the members are nominated and appointed.
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(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 nominated and appointed under paragraph l(b), (c) or (d) will be absent from a meeting of the committee or where such 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 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.
4 (1) Where a meeting of the teaching appointments committee is to be held to exercise any of the functions conferred on the committee by Part I of Schedule 14 in relation to a post in a school. the committee shall invite representatives of the school to attend the meeting for the purpose of advising the committee generally on matters relating to the school and the nature of the post.
(2) Representatives of the school invited to attend a meeting of the committee under this paragraph shall be entitled to be present at the meeting only for the purpose mentioned in sub-paragraph (1) and shall not be present during the interview of any candidate for the post nor during any discussion or decision relating to the appointment of any particular candidate to the post.
(3) In this paragraph -
(a) references to a post shall be construed in accordance with paragraph 1 of Schedule 14;
(b) "representatives of the school" means -
(i) where the meeting is held in relation to the post of principal of the school, two members of the Board of Governors of the school, other than the principal;
(ii) where the meeting is held in relation to any other post in the school, one member of the Board of Governors of the school and the principal of the school or, where the principal is absent or otherwise unavailable, a teacher on the staff of the school.
PART II
LIBRARY COMMITTEES
5. The library committee of a board shall consist of such members of the board as that board appoints thereto but shall include all members appointed to the board by reason of their interest in the public library service.
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SCHEDULE 4
Article 10(3)
MEMBERSHIP OF BOARD OF GOVERNORS OF CONTROLLED SCHOOLS
1 (1) The Board of Governors of one or more than one controlled school shall consist of -
(a) such number of persons (in this Schedule referred to as "voting members") as the board may. subject to paragraphs 2 to 5, determine; and
(b) the principal of the school. or each of the schools. who, subject to sub-paragraph (2), shall be entitled to attend and take part in meetings of the Board of Governors but not to vote on any question.
(2) Where two or more schools are grouped under one Board of Governors, the principal of a school shall not be entitled to attend or take part in any meeting of the Board of Governors whenever a matter relating exclusively to one or more of the other schools is being discussed.
Controlled primary schools (other than nursery or integrated schools)
2 (1) There shall be 9, 16 or 24 voting members appointed to the Board of Governors of one or more than one controlled primary school, other than a controlled nursery school or controlled integrated primary school.
(2) Subject to paragraph 6, where there are 9 voting members appointed to such a Board of Governors, then of those members -
(a) four shall be nominated by the transferors and superseded managers of the school or schools;
(b) two shall be elected by parents of pupils attending the school or schools from amongst the parents of such pupils:
(c) two shall be chosen by the board responsible for the management of the school or schools;
(d) one shall be elected by assistant teachers at the school or schools from amongst such assistant teachers.
(3) Where there are 16 or 24 voting members appointed to such a Board of Governors, sub-paragraph (2) shall apply as if for the numbers mentioned in heads (a), (b), (c) and (d) of that sub-paragraph there were substituted the fractions three-eighths, one-quarter, one-quarter and one-eighth respectively.
Controlled intermediate schools (other than technical or integrated schools)
3 (1) There shall be 9, 16 or 24 voting members appointed to the Board of Governors of a controlled intermediate school, other than a technical intermediate school or a controlled integrated intermediate school.
(2) Subject to paragraph 6, where there are 9 voting members appointed to such a Board of Governors, then of those members -
(a) four shall be nominated by the Boards of Governors of contributory schools from amongst members of those Boards of Governors who have been nominated by the transferors and superseded managers of the contributory schools;
(b) two shall be elected by parents of pupils attending the school from amongst parents of such pupils;
(c) two shall be chosen by the board responsible for the management of the school;
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(d) one shall be elected by assistant teachers at the school from amongst such assistant teachers.
(3) Where there are 16 or 24 voting members appointed to such a Board of Governors, sub-paragraph (2) shall apply as if for the numbers mentioned in heads (a), (b), (c) and (d) of that sub-paragraph there were substituted the fractions three-eighths, one-quarter. one-quarter and one-eighth respectively.
Controlled nursery, grammar and special schools
4. There shall be 8. 16 or 24 voting members appointed to the Board of Governors of a controlled nursery school, a controlled grammar school or a controlled special school and, subject to paragraph 6, of those members -
(a) three-eighths shall be chosen by the board responsible for the management of the school;
(b) one-quarter shall be nominated by the Head of the Department;
(c) one-quarter shall be elected by parents of pupils attending the school from amongst the parents of such pupils;
(d) one-eighth shall be elected by assistant teachers at the school from amongst such assistant teachers.
Controlled integrated schools
5. There shall be 14 or 21 voting members appointed to the Board of Governors of one or more than one controlled integrated school and, subject to paragraph 6, of those members -
(a) two-sevenths shall be elected by parents of pupils attending the school or schools from amongst the parents of such pupils;
(b) two-sevenths shall be chosen by the board responsible for the management of the school or schools;
(c) one-seventh shall be nominated by the transferors and superseded managers of controlled schools in the area of the board responsible for the management of the school or schools;
(d) one-seventh shall be nominated by the nominating trustees of maintained schools in the area of the board responsible for the management of the school or schools;
(e) one-seventh shall be elected by assistant teachers at the school or schools from amongst such assistant teachers.
Provisions supplementary to paragraphs 2 to 5
6 (1) Where the board proposes to appoint persons to a Board of Governors under paragraph 2(2)(a) it shall serve on the transferors and superseded managers who are to nominate persons for that purpose a notice -
(a) stating the board's intention to appoint such persons; and
(b) requesting the transferors and superseded managers to make nominations to the board within a period of 21 days from the date on which the notice is served;
and where the transferors and superseded managers fail to make any nomination requested by such a notice within that period the board may appoint such persons as it considers to be suitable for appointment, being persons who, so far as possible, are resident in the locality served by the school or schools under the management of the Board of Governors and the persons so
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appointed shall be deemed to have been duly nominated for the purposes of paragraphs 2(2)(a) and 3(2)(a).
(2) Where the board proposes to appoint persons to a Board of Governors under paragraph 3(2)(a) it shall serve on the Boards of Governors of contributory schools who are to nominate persons for that purpose a notice -
(a) stating the board's intention to appoint such persons; and
(b) requesting the Boards of Governors to make nominations to the board within a period of 21 days from the date on which the notice is served;
and where such Boards of Governors fail to make any nomination requested by such a notice within that period the board may appoint such persons as it considers to be representative of the transferors and superseded managers of the contributory schools and the persons so appointed shall be deemed to have been duly nominated for the purposes of paragraph 3(2)(a).
(3) Where the board proposes to appoint persons to a Board of Governors under paragraph 5(c) or (d) it shall serve on the transferors and superseded managers or the nominating trustees (as the case may be) who are to nominate persons for that purpose a notice -
(a) stating the board's intention to appoint such persons; and
(b) requesting the transferors, superseded manager, or nominating trustees to make nominations to the board.
(4) The board shall, with the approval of the Department, make arrangements for the election of persons under paragraphs 2(2)(b) and (d). 3(2)(b) and (d), 4(c) and (d) and 5(a) and (e) and such arrangements shall ensure that any vote taken for the purpose of any such election shall be by secret ballot.
(5) Where it is not practicable to appoint to a Board of Governors under paragraph 2(2)(a) persons nominated by the 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 Board of Governors and shall be deemed to have been duly nominated for the purposes of paragraphs 2(2)(a) and 3(2)(a).
Interpretation
7. In this Schedule -
"assistant teacher" means a teacher, other than the principal or a temporary or part-time teacher, employed on the staff of a school;
"superseded managers" means the persons who were formerly trustees or managers of any schools which have been superseded by schools under the management of boards or, if those persons were recognised by the Department as such trustees or managers by virtue of any office, then, their successors in such office;
"nominating trustees" has the meaning assigned to it by paragraph 2(3) of Schedule 5.
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SCHEDULE 5
Article 11(3)
MAINTAINED SCHOOLS
PART I
CONSTITUTION OF BOARD OF GOVERNORS FOR MAINTAINED SCHOOL
1 (1) Subject to sub-paragraphs (4) and (5), 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 this Part for the constitution of a Board of Governors for that school.
(2) A board may, with the approval of the Department, make provision for the constitution of one Board of Governors for two or more voluntary primary schools, other than nursery schools, where the managers or trustees of the schools so request.
(3) Nothing in any instrument of government of a school shall -
(a) prevent the constitution of a Board of Governors for that school in accordance with a scheme complying with paragraph 2 or the doing by the managers or trustees of that school of anything necessary for or incidental to the constitution and functioning of such a Board of Governors; 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 trustees to make a further request under sub-paragraph (1), a board may, with the approval of the Department, refuse to make provision for the constitution of a Board of Governors for a school but the Department 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.
(5) The managers or trustees of a school or schools may, at any time before they have signified their agreement to a scheme complying with paragraph 2 for the school or schools, withdraw their request under this paragraph.
2 (1) A scheme under Article 11(2) for one or more than one maintained school shall be framed by the board, after consultation with the managers or trustees of the school or schools, and shall, so far as it relates to the constitution of a Board of Governors, comply with the following provisions of this paragraph.
(2) The Board of Governors of one or more than one maintained school shall consist of -
(a) 10, 18 or 27 persons (in this paragraph referred to as voting members); and
(b) the principal of the school, or each of the schools, who, subject to sub-paragraph (5), shall be entitled to attend and take part in meetings of the Board of Governors but not to vote on any question.
(3) Where there are 10 voting members of the Board of Governors of one or more than one maintained school, then of those members -
(a) six shall be nominated -
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(i) when appointments are first made to the Board of Governors, by the managers or trustees of the school or schools,
(ii) on any subsequent appointment to the Board of Governors, by such persons (to be known as "nominating trustees") and in such manner as the scheme may provide,
at least one of whom shall, at the time of his appointment, be a parent of a pupil attending the school or one of the schools;
(b) two shall be nominated by the board;
(c) one shall be elected by parents of pupils attending the school or schools from amongst the parents of such pupils;
(d) one shall be elected by assistant teachers at the school or schools from amongst such assistant teachers.
(4) Where there are 18 or 27 voting members of the Board of Governors of one or more than one maintained school, sub-paragraph (3) shall apply as if for the numbers mentioned in heads (a), (b), (c) and (d) of that sub-paragraph there were substituted the fractions five-ninths, two-ninths, one-ninth and one-ninth respectively.
(5) Where two or more schools are grouped under one Board of Governors, the principal of a school shall not be entitled to attend or take part in any meeting of the Board of Governors whenever a matter relating exclusively to one or more of the other schools is being discussed.
(6) The Board of Governors shall, with the approval of the Department, make arrangements for the election of persons under sub-paragraph (3)(c) and (d) and such arrangements shall ensure that any vote taken for the purpose of any such election shall be by secret ballot.
PART II
WITHDRAWAL OF MAINTAINED SCHOOL FROM MAINTAINED SCHOOL STATUS
3 (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 but should continue to be a voluntary school and, where they do so, the school shall. subject to paragraph 4, 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 4; or
(b) if those trustees have not complied with paragraph 4 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) Subject to paragraphs 2(1) and 4(5) of Schedule 10, sub-paragraph (1) shall apply only to a school -
(a) which was recognised as a grant-aided school before 19th October 1967; or
(b) which the Department 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
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(c) the proposal to establish which was submitted to the Department before that date for approval.
4. Where a school will cease to be a maintained school under the provisions of paragraph 3(1), the nominating trustees of that school shall -
(a) repay to the Department an amount equal to the difference between the sums actually paid under Article 116(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 Department 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 1st October 1973, by a former local education authority; and
(ii) any equipment provided by the board or, before 1st October 1973, by a former local education authority.
PART III
INTERPRETATION
5. In this Schedule -
"assistant teacher" has the meaning assigned to it by paragraph 7 of Schedule 4;
"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 Department may determine;
"nominating trustees" has the meaning assigned to it by paragraph 2(3).
SCHEDULE 6
Article 11(4), (5)
MEMBERSHIP OF BOARD OF GOVERNORS OF VOLUNTARY GRAMMAR SCHOOL ENTERING INTO AGREEMENT WITH DEPARTMENT OR BOARD AND OF DIRECT GRANT VOLUNTARY INTERMEDIATE SCHOOL
1 (1) The trustees or Board of Governors of -
(a) a voluntary grammar school; or
(b) a school to which, by virtue of Article 20, Schedule 10 applies,
shall, notwithstanding anything in any instrument of government of the school, have power to enter into an agreement with the Department conferring on the Head of the Department the right to appoint members to the Board of Governors of the school in accordance with paragraph 3(2)(b).
(2) The trustees or Board of Governors of -
(a) a voluntary grammar school; or
(b) a direct grant voluntary intermediate school,
shall, notwithstanding anything in any instrument of government of the school, have power to enter into an agreement, approved by the Department,
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with one or more than one board conferring on the board or boards the right to appoint members to the Board of Governors of the school in accordance with paragraph 3(2)(b).
(3) An agreement under sub-paragraph (1) shall provide that the Head of the Department, before making an appointment to the Board of Governors of the school, shall consult the Board of Governors 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.
(4) Any agreement made or having effect as if made under this paragraph by the trustees or Board of Governors of a voluntary grammar school shall continue to have effect in relation to the school if it becomes a school to which Schedule 10 applies and if it then becomes a direct grant voluntary intermediate school.
2. Notwithstanding anything in any instrument of government of -
(a) a voluntary grammar school the trustees or Board of Governors of which have entered into an agreement under paragraph 1(1) or 1(2); or
(b) a direct grant voluntary intermediate school,
the Board of Governors of the school shall be constituted in accordance with paragraph 3.
3 (1) The Board of Governors of the school shall consist of -
(a) 10, 18, 27 or 36 persons (in this paragraph referred to as voting members); and
(b) the principal of the school who shall be entitled to attend and take part in meetings of the Board of Governors but not to vote on any question.
(2) Where there are 10 voting members of the Board of Governors of the school, then of those members -
(a) six shall be appointed as provided by the scheme approved under Article 11(2), at least one of whom shall, at the time of his appointment, be a parent of a pupil attending the school;
(b) two shall be appointed -
(i) where the trustees or Board of Governors have entered into an agreement under paragraph 1(1), by the Head of the Department;
(ii) where the trustees or Board of Governors have entered into an agreement under paragraph 1(2), by the board or boards;
(iii) where the trustees or Board of Governors have entered into agreements both under paragraphs 1(1) and 1(2), by the Head of the Department and the board or boards in accordance with the terms of such agreements but subject to sub-paragraph (6);
(c) one shall be elected by parents of pupils attending the school from amongst parents of such pupils;
(d) one shall be elected by assistant teachers at the school from amongst such assistant teachers.
(3) Where there are 18, 27 or 36 members of the Board of Governors of the school, sub-paragraph (2) shall apply as if for the numbers mentioned in heads (a), (b), (c) and (d) of that sub-paragraph there were substituted the fractions five-ninths, two-ninths, one-ninth and one-ninth respectively.
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(4) Subject to sub-paragraph (5), persons elected to the Board of Governors under sub-paragraph (2)(c) and (d) shall hold office for a period of four years from the date on which they were elected.
(5) If a person referred to in sub-paragraph (4) ceases to hold office before the end of the period referred to in that sub-paragraph, any person elected to replace him shall hold office only for the remainder of that period.
(6) Where the trustees or Board of Governors of the school -
(a) enter into an agreement under paragraph 1(1) at a time when members have been appointed by one or more than one board to the Board of Governors of the school under a prior agreement entered into under paragraph 1(2); or
(b) enter into an agreement under paragraph 1(2) at a time when members have been appointed by the Head of the Department to the Board of Governors of the school under a prior agreement entered into under paragraph 1(1),
then, until the expiration of the period for which those members have been appointed under the prior agreement and notwithstanding sub-paragraphs (l)(a) and (2)(b)(iii), such number of members may be appointed for that period to the Board of Governors of the school by the Head of the Department or, as the case may be, the board or boards as is provided for in the subsequent agreement.
(7) The Board of Governors shall, with the approval of the Department, make arrangements for the election of persons under sub-paragraph (2)(c) and (d) and such arrangements shall ensure that any vote taken for the purpose of any such election shall be by secret ballot.
(8) Where under any instrument of government of a school assets of a capital nature held for the purposes of or in connection with the school are vested in the Board of Governors of the school, the persons elected to the Board of Governors of the school under sub-paragraph (2)(c) and (d) shall, unless the other members of the Board of Governors otherwise determine, not be entitled to attend or take part in any meeting of the Board of Governors whenever a matter relating to the acquisition, disposal or management of such assets is being discussed or to vote on any question relating to such a matter.
4. In this Schedule "assistant teacher" has the meaning assigned to it by paragraph 7 of Schedule 4.
SCHEDULE 7
Article 11(6)
MEMBERSHIP OF BOARD OF GOVERNORS OF VOLUNTARY GRAMMAR SCHOOL NOT ENTERING INTO AGREEMENT WITH DEPARTMENT OR BOARD
1. Notwithstanding anything in any instrument of government of a voluntary grammar school the trustees or Board of Governors of which have not entered into an agreement under paragraph 1 of Schedule 6, the Board of Governors of the school shall be constituted in accordance with paragraph 2.
2 (1) The Board of Governors of the school shall consist of -
(a) the persons appointed as provided by the scheme approved under Article 11(2), at least one of whom shall, at the time of his appointment, be a parent of a pupil attending the school;
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(b) either one or two persons elected in accordance with sub-paragraphs (2) and (5) by parents of pupils attending the school from amongst the parents of such pupils;
(c) either one or two persons elected in accordance with sub-paragraphs (2) and (5) by assistant teachers at the school from amongst such assistant teachers;
(d) the principal of the school, who shall be entitled to attend and take part in meetings of the Board of Governors but not to vote on any question.
(2) Where the number of persons who are members of the Board of Governors by virtue of sub-paragraph (1)(a) is 13 or less, one person shall be elected to the Board of Governors under sub-paragraph (1)(b) and one person under sub-paragraph (1)(c); and where the number of such persons is 14 or more, two persons shall be elected to the Board of Governors under sub-paragraph (1)(b) and two persons under sub-paragraph (1)(c).
(3) Subject to sub-paragraph (4), persons elected to the Board of Governors under sub-paragraph (1)(b) and (c) shall hold office for a period of four years from the date on which they were elected.
(4) If a person referred to in sub-paragraph (3) ceases to hold office before the end of the period referred to in that sub-paragraph, any person elected to replace him shall hold office only for the remainder of that period.
(5) The Board of Governors shall, with the approval of the Department, make arrangements for the election of persons under sub-paragraph (1)(b) and (c) and such arrangements shall ensure that any vote taken for the purpose of any such election shall be by secret ballot.
(6) Where under any instrument of government of a school assets of a capital nature held for the purposes of or in connection with the school are vested in the Board of Governors of the school, the persons elected to the Board of Governors of the school under sub-paragraph (1)(b) and (c) shall, unless the other members of the Board of Governors otherwise determine, not be entitled to attend or take part In any meeting of the Board of Governors whenever a matter relating to the acquisition, disposal or management of such assets is being discussed or to vote on any question relating to such a matter.
3. In this Schedule "assistant teacher" has the meaning assigned to it by paragraph 7 of Schedule 4.
SCHEDULE 8
Article 11(7)
MEMBERSHIP OF BOARD OF GOVERNORS OF VOLUNTARY SCHOOL WHICH HAS CEASED TO BE MAINTAINED SCHOOL
1. Notwithstanding anything in any other instrument of government of a voluntary school to which Article 11(7) applies, the scheme under Article 11(2) for the school shall, so far as it relates to the constitution of the Board of Governors of the school, comply with the provisions of paragraph 2.
2 (1) The Board of Governors of the school shall consist of -
(a) 9, 18 or 27 persons (in this paragraph referred to as voting members); and
(b) the principal of the school who shall be entitled to attend and take
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part in meetings of the Board of Governors but not to vote on any question.
(2) Of the voting members of the Board of Governors of the school -
(a) seven-ninths shall be nominated by the nominating trustees and at least one of the persons so nominated shall, at the time of his nomination, be a parent of a pupil attending the school;
(b) one-ninth shall be elected by parents of pupils attending the school from amongst the parents of such pupils;
(c) one-ninth shall be elected by assistant teachers at the school from amongst such assistant teachers.
(3) Subject to sub-paragraph (4), persons elected to the Board of Governors under sub-paragraph (2)(b) and (c) shall hold office for a period of four years from the date on which they were elected.
(4) If a person referred to in sub-paragraph (3) ceases to hold office before the end of the period referred to in that sub-paragraph, any person elected to replace him shall hold office only for the remainder of that period.
(5) The Board of Governors shall, with the approval of the Department, make arrangements for the election of persons under sub-paragraph (2)(b) and (c) and such arrangements shall ensure that any vote taken for the purpose of any such election shall be by secret ballot.
3. In this Schedule -
"assistant teacher" has the meaning assigned to it by paragraph 7 of Schedule 4;
"nominating trustees" means -
(a) when appointments are first made to the Board of Governors, the persons who were the nominating trustees provided for in the scheme for the school when it was a maintained school;
(b) on any subsequent appointment to the Board of Governors, such persons as the scheme for the school complying with the provisions of paragraph 2 may provide.
SCHEDULE 9
Article 17(1), 127
TRANSFER OF VOLUNTARY SCHOOLS TO DEPARTMENT
1. An arrangement for transferring a school to the Department under Article 17 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 Department 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
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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 Department to be requisite.
2. An arrangement under this Schedule may provide for an absolute conveyance to the Department 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 Department or for any arrangement that may be agreed upon between the trustees and the Department.
3. An arrangement under this Schedule may also provide for the transfer to the Department 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 Department of Finance and Personnel, of any endowment belonging to the school or for the Department 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 Department of all such estate in the premises or endowment as is vested in those trustees 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 Department 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 Department shall, after the expiration of six months from 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 Department, 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.
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SCHEDULE 10
Article 20
VOLUNTARY GRAMMAR SCHOOL BECOMING VOLUNTARY INTERMEDIATE SCHOOL
1. The trustees or Board of Governors of a school to which this Schedule applies shall, within the period of two months after the date on which the proposal that the school should become a voluntary intermediate school is approved by the Department, give notice to the Department and the board for the area in which the school is situated indicating whether they wish the school to become -
(a) a maintained intermediate school; or
(b) a direct grant voluntary intermediate school.
2 (1) Where the trustees or Board of Governors of a school to which this Schedule applies give notice to the Department in accordance with paragraph 1(a) that they wish the school to become a maintained school -
(a) they shall make a request to the board under paragraph 1(1) of Schedule 5 before such date as the Department may direct;
(b) paragraph 1(5) of Schedule 5 shall not apply to the request so made;
(c) where, in pursuance of the request so made, the board makes provision in accordance with Part I of Schedule 5 for the constitution of a Board of Governors for the school as a maintained school, Part II of Schedule 5 shall not apply to the school;
(d) where the board refuses under paragraph 1(4) of Schedule 5 to make provision for the constitution of a Board of Governors for the school as a maintained school, paragraph 3 shall apply to the school as if the trustees or Board of Governors had given notice to the Department in accordance with paragraph l(b) that they wish the school to become a direct grant voluntary intermediate school.
(2) In this paragraph "board" has the same meaning as in Schedule 5.
3 (1) Where the trustees or Board of Governors of a school to which this Schedule applies give notice to the Department in accordance with paragraph 1(b) that they wish the school to become a direct grant voluntary intermediate school -
(a) they shall, unless there is in existence an agreement between them and the Department under Schedule 6, enter into such an agreement with the Department before such date as the Department may direct;
(b) the school shall on such date as the Department may approve become a direct grant voluntary intermediate school.
(2) The Department shall not approve a date under sub-paragraph (1)(b) unless there is in existence an agreement between the trustees or Board of Governors of the school and the Department under Schedule 6.
4 (1) The trustees or Board of Governors of a school to which this Schedule applies which becomes a maintained school by virtue of paragraph 2 may, within the period of two months after the expiry of the period of five years from the date on which the school becomes a voluntary intermediate school, give notice to the Department and the board responsible for the maintenance of the school that they wish the school to become a direct grant voluntary intermediate school.
(2) Where the trustees or Board of Governors of a school give notice to the Department in accordance with sub-paragraph (1) -
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(a) they shall, before such date as the Department may direct, enter into an agreement with the Department under Schedule 6;
(b) the school shall on such date as the Department may approve cease to be a maintained school and become a direct grant voluntary intermediate school.
(3) The Department shall consult with the board responsible for the maintenance of the school before approving a date under sub-paragraph (2)(b) and shall not approve a date unless there is in existence an agreement between the trustees or Board of Governors of the school and the Department under Schedule 6.
(4) The trustees or Board of Governors of a direct grant voluntary intermediate school shall, if they request a board to make provision in accordance with Part I of Schedule 5 for the constitution of a Board of Governors for the school as a maintained school, immediately inform the Department of that request.
(5) Where, at the request of the trustees or Board of Governors of a direct grant voluntary intermediate school, provision is made in accordance with Part I of Schedule 5 for the constitution of a Board of Governors for the school as a maintained school, Part II of that Schedule shall not apply to the school.
SCHEDULE 11
Articles 29(3) and 31(1)
ASSESSMENTS AND STATEMENTS OF SPECIAL EDUCATIONAL NEEDS
PART I
ASSESSMENTS
1 (1) If a board proposes to make an assessment of the educational needs of a child under Article 29, it shall, before doing so, serve notice on the child's parent informing him -
(a) that the board proposes to make an assessment;
(b) of the procedure to be followed in making it;
(c) of the name of the officer of the board from whom further information may be obtained; and
(d) of his right to make representations, and submit written evidence, to the board within such period (not less than 29 days beginning with the date on which the notice is served) as may be specified in the notice.
(2) When the board has served a notice under sub-paragraph (1) and the period specified in the notice in accordance with sub-paragraph (1)(d) has expired, the board shall, if it considers it appropriate after taking into account any representations made and any evidence submitted to it in response to the notice, assess the educational needs of the child concerned.
(3) A board shall notify the child's parent in writing -
(a) where the board decides to make an assessment, of that decision and the board's reasons for making it;
(b) where, at any time after serving a notice under sub-paragraph (1), the board decides not to make an assessment, of that decision.
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(4) If, after making an assessment of the educational needs of a child under Article 29, a board decides that it is not required to determine the special educational provision that should be made for him, then -
(a) the board shall notify the child's parent in writing of its decision and of the parent's right of appeal under this sub-paragraph;
(b) the parent may appeal in writing to the Department against the board's decision; and
(c) the Department may, on such an appeal, direct the board to reconsider its decision.
2 (1) The Department shall by regulations make provision as to the advice which a board is to seek in making assessments.
(2) Without prejudice to the generality of sub-paragraph (1), regulations made under that sub-paragraph shall require the board to seek medical, psychological and educational advice and such other advice as may be prescribed.
(3) The Department may by regulations make provision -
(a) as to the manner in which assessments are to be conducted; and
(b) in connection with such other matters relating to the making of assessments as the Department considers appropriate.
3 (1) Where a board proposes to make an assessment it may serve a notice on the parent of the child to be assessed requiring the child's attendance for examination in accordance with the provisions of the notice.
(2) The parent of a child examined under this paragraph shall be entitled to be present at the examination if he so desires.
(3) A notice under this paragraph shall -
(a) state the purpose of the examination;
(b) state the time and place at which the examination will be held;
(c) name an officer of the board from whom further information may be obtained;
(d) inform the parent that he may submit such information to the board as he may wish; and
(e) inform the parent of his right to be present at the examination.
(4) A parent on whom a notice has been served under this paragraph and who, without reasonable excuse, fails to comply with any of the requirements of the notice shall, if the notice relates to a child who was not over compulsory school age at the time stated in the notice as the time for holding the examination, be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
4 (1) If the parent of a child in the area of a board for whom no statement is maintained by the board under Article 31 asks the board to arrange for an assessment to be made of the child's educational needs, the board shall comply with the request unless in its opinion the request is unreasonable.
(2) If the parent of a child for whom a statement is maintained by a board under Article 31 asks the board to arrange for an assessment of the child's educational needs under Article 29 and such an assessment has not been made within the period of six months ending with the date on which the request is made, the board shall comply with the request unless the board is satisfied that an assessment would be inappropriate.
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PART II
STATEMENTS
5 (1) Before making a statement under Article 31 a board shall serve on the parent of the child concerned -
(a) a copy of the proposed statement; and
(b) a written explanation of the effect of sub-paragraphs (2) to (6).
(2) If the parent on whom a copy of a proposed statement has been served under sub-paragraph (1) disagrees with any part of the proposed statement, he may, before the expiry of the appropriate period, -
(a) make representations, or further representations, to the board about the content of the proposed statement;
(b) require the board to arrange a meeting between him and an officer of the board at which the proposed statement can be discussed.
(3) Where a parent, having attended a meeting arranged by a board under sub-paragraph (2)(b), disagrees with any part of the assessment in question, he may, before the expiry of the appropriate period, require the board to arrange one or more meetings under sub-paragraph (4).
(4) Where a board receives a request duly made under sub-paragraph (3), it shall arrange such meeting or meetings as it considers will enable the parent to discuss the relevant advice with the appropriate person or persons.
(5) In sub-paragraph (4) -
"relevant advice" means such of the advice given to the board in connection with the assessment as it considers to be relevant to that part of the assessment with which the parent disagrees;
"appropriate person" means the person who gave the relevant advice or any other person who, in the opinion of the board, is the appropriate person to discuss it with the parent.
(6) In this paragraph "appropriate period" means the period of 15 days beginning -
(a) in the case of a request under sub-paragraph (2)(b), with the date on which the proposed statement mentioned in sub-paragraph (1)(a) was served on the parent;
(b) in the case of a request under sub-paragraph (3), with the date fixed for the meeting arranged under sub-paragraph (2)(b); and
(c) in the case of representations, or further representations, under sub-paragraph (2)(a) -
(i) with the date mentioned in head (a); or
(ii) if one or more meetings have been arrange~ under the preceding provisions of this paragraph, with the date fixed for the last of those meetings.
(7) Where any such representations are made to a board, it may, after considering those representations -
(a) make a statement in the form originally proposed;
(b) make a statement in a modified form; or
(c) determine not to make a statement;
and shall notify the parent in writing of its decision.
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(8) On making a statement under Article 31 a board shall serve on the parent of the child concerned -
(a) a copy of the statement;
(b) notice in writing of his right under sub-paragraph (9) to appeal to the Department against the special educational provision specified in the statement; and
(c) notice in writing of the name of the person to whom he may apply for information and advice about the child's special educational needs.
(9) A parent of a child for whom a statement is maintained under Article 31 may, following the first or any subsequent assessment of the child's educational needs under Article 29, appeal to the Department against the special educational provision specified In the statement.
(10) On an appeal under sub-paragraph (9) the Department may, after consulting the board concerned -
(a) confirm the special educational provision specified in the statement;
(b) amend the statement so far as it specifies the special educational provision and make such other consequential amendments to the statement as it considers appropriate;
(c) direct the board to cease to maintain the statement.
6 (1) A statement under Article 31 shall be in the prescribed form and contain the prescribed information and shall, in particular -
(a) give details of the board's assessment of the special educational needs of the child; and
(b) specify the special educational provision to be made for the purpose of meeting those needs.
(2) The Department may by regulations -
(a) make provision with respect to the keeping, disclosure and transfer of statements;
(b) prescribe the frequency with which assessments are to be repeated in respect of children for whom statements are maintained under Article 31.
7. Every statement shall, on the making of an assessment of the educational needs of the child concerned under Article 29, be reviewed by a board and shall be reviewed in any event within the period of twelve months beginning with the making of the statement or, as the case may be, with the previous review.
8 (1) If a board proposes to amend, or to cease to maintain, a statement, the board shall, before doing so, serve on the parent of the child concerned notice in writing of its proposal and of the right of the parent to make representations under this paragraph.
(2) Any parent on whom a notice has been served under this paragraph may, within the period of 15 days beginning with the date on which the notice is served, make representations to the board about the proposal.
(3) A board shall consider any representations made to it under this paragraph and on taking a decision on the proposal to which those representations relate shall inform the parent in writing of its decision.
(4) This paragraph does not apply in any case where a board ceases to maintain a statement for a child who is no longer in its area or where
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amendments which are made to a statement are consequential upon the making, amendment or revocation of a school attendance order under Schedule 13.
SCHEDULE 12
Article 35
DUTY OF BOARDS IN RELATION TO CHILDREN WHO ARE UNSUITABLE FOR EDUCATION IN SCHOOL
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 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 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 level 2 on the standard scale.
(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.
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 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
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parent refers to the Department the question whether such a decision should be recorded, the decision shall not be recorded except by direction of the Department.
(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 Department against the decision of the board.
(7) On an appeal under sub-paragraph (6), the Department may require the board to cancel the original decision or may confirm its refusal to do so.
SCHEDULE 13
Article 45
ENFORCEMENT OF DUTY IMPOSED BY ARTICLE 45 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 45(1), 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
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attendance at school or otherwise, receiving efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.
(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 and to any special educational needs he may have, 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 Department otherwise directs, be the school named in the order.
(4) Where the board is of the opinion that -
(a) the school selected by a parent as the school to be named in a school attendance order is unsuitable to the age, ability, aptitude or special educational needs of the child with respect to whom the order is to be made; or
(b) the attendance of the child at the school selected by the parent would prejudice the provision of efficient education or the efficient use of resources;
the board may, after giving to the parent notice of its intention to do so, apply to the Department for a direction determining the school to be named in the order.
(5) Where the board maintains a statement of special educational needs for the child under Article 31, the board or, in the case of a voluntary school, the managers shall admit the child to the school named in the order in pursuance of a direction of the Department under sub-paragraph .(4).
(6) 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 and to any special educational needs he may have, the board shall amend or revoke the order in compliance with the request unless it is of the opinion that -
(a) the proposed school is unsuitable to the age, ability, aptitude or special educational needs of the child; or
(b) the attendance of the child at the school would prejudice the provision of efficient education or the efficient use of resources; or
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(c) where the board maintains a statement of special educational needs for the child under Article 31, the proposed change of school is against the interests of the child; or
(d) no satisfactory arrangements have been made for the education of the child otherwise than at school.
(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 Department and the Department shall give such direction thereon as it thinks fit.
(3) Where in the case of a child for whom a board maintains a statement of special educational needs under Article 31 the Department gives a direction under sub-paragraph (2) directing the board to substitute another school for that named in the order the board or, in the case of a voluntary school, the managers shall admit the child to the school so substituted.
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 52 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 52 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 63(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
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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 level 2 on the standard scale.
(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 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 and to any special educational needs he may have.
(2) A person guilty of an offence under sub-paragraph (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment.
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 45 to cause his child to receive efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have. .
(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
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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 and to any special educational needs he may have, 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 and to any special educational needs he may have, make any order which a juvenile court has power to make under section 95 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.)) in the case of persons brought before it under section 94 of that Act.
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.
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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.
SCHEDULE 14
Article 68
APPOINTMENT 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.
2. Subject to the provisions of any regulations a board may, without advertisement, appoint a teacher to a vacant post if -
(a) the teacher is a teacher in the school to which the appointment is to be made and the Board of Governors of the school has given to the board its prior consent to the appointment; or
(b) the teacher is a person employed in any grant-aided school in a post of principal or such other post as may be prescribed and the Board of Governors of the school to which the appointment is to be made has given to the board its prior consent to the appointment.
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 Department;
(c) the board shall send to the Board of Governors 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 Board of Governors 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
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(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 Board of Governors 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 Board of Governors.
(4) Where a Board of Governors 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 Board of Governors or where the Board of Governors 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 Board of Governors fails to comply with sub-paragraph (2), and if, after consultation with the Board of Governors, the board and the Board of Governors 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 Department.
(6) Where a matter is referred to the Department under sub-paragraph (5) the Department 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;
and the board shall then forthwith take all necessary steps to comply with the Department'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 Department for appointment to such post before the date on which the appointment would take effect.
4. Where, at a meeting of the Board of Governors of a school, the principal disagrees with any decision of the Board of Governors taken in the exercise of its functions under this Part in relation to his school, that disagreement and the reasons for it shall, if the principal so requests, be recorded in the minutes of the meeting and notified to the board at the same time as the decision of the Board of Governors.
5. The functions of a board under this Part shall be performed on behalf of the board by the teaching appointments committee of the board.
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PART II
APPOINTMENT OF ASSISTANT TEACHERS IN CONTROLLED SCHOOLS
6. 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.
7 (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 Department;
(c) the board shall send to the Board of Governors 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 Board of Governors 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 Board of Governors 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 so, 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 Board of Governors, the board and the Board of" Governors 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 Department.
(4) Where a Board of Governors 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 Board of Governors fails to comply with sub-paragraph (2) then, if after consultation with the Board of Governors, the board and the Board of Governors cannot agree either on the appointment of one of the candidates or that the post should be advertised again under
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sub-paragraph (1) and that this paragraph be again complied with, the board shall refer the matter to the Department.
(5) Where a matter is referred to the Department under sub-paragraph (3) or (4), the Department 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 Board of Governors; 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 Department'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 Board of Governors of the school objects to the appointment -
(a) the board shall refer the matter to the Department;
(b) the Department shall consider any representations made to it by the board or the Board of Governors; and
(c) the Department 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 Board of Governors of the school to which a teacher is being appointed and without complying with the foregoing provisions of this paragraph, appoint to a post of assistant teacher in a controlled school under its management a teacher who is employed by that or another board or is employed in any grant-aided school.
(8) Where, at a meeting of the Board of Governors of a school, the principal disagrees with any decision of the Board of Governors taken in the exercise of its functions under this paragraph in relation to his school, that disagreement and the reasons for it shall, if the principal so requests, be recorded in the minutes of the meeting and notified to the board at the same time as the decision of the Board of Governors.
(9) In this paragraph "provisionally qualified" has the same meaning as in paragraph 3.
PART III
APPOINTMENT OF PERIPATETIC AND SUPPLY TEACHERS
8 (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 Department 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 Department.
9 (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 Department.
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(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 Department and the Department 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 Department's directions.
(4) A board may without complying with the foregoing provisions of this paragraph -
(a) appoint as a peripatetic or supply teacher a teacher employed by it or a teacher employed in a grant-aided school in the area of the board; or
(b) employ a peripatetic or supply teacher in a part-time or temporary capacity.
10. Where the Board of Governors of a controlled school or the management committee of an institution of further education objects to the employment of a supply teacher in a school or institution under its management -
(a) the board shall refer the matter to the Department;
(b) the Department shall consider any representations made to it by the board or the Board of Governors or the management committee; and
(c) the Department shall determine whether the teacher should or, as the case may be, should continue to be employed in that school or institution.
11. A board may permit peripatetic or supply teachers employed by it to be employed in a voluntary school if so requested by the managers of that school.
SCHEDULE 15
Article 82(2)
THE STAFF COMMISSION FOR EDUCATION AND LIBRARY BOARDS
1. The Staff Commission shall be a body corporate to which, subject to paragraph 3(2), section 19 of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) shall apply.
2 (1) The members of the Staff Commission shall be appointed by the Head of the Department 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;
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(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 Head of the Department considers appropriate;
(f) two other persons.
(2) The term of office of a member of the Staff Commission shall be such as the Head of the Department may determine but a member shall be eligible for re-appointment on the expiry of his period of office.
(3) An officer of the Department may be appointed by the Head of the Department 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 as may be determined by the Department with the approval of the Department of Finance and Personnel;
(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 Department.
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 Department 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 83(1) or 88 applies.
(2) The right of the Staff Commission under section 19(I)(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 Department with respect to the number and terms and conditions of service of persons employed or to be employed by the Commission.
(3) Where the Staff Commission makes a recommendation to a board and the board does not comply with the recommendation within a reasonable
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period, the Staff Commission may refer the matter to the Department and the Department 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 Department may direct.
5. In respect of each financial year -
(a) the Staff Commission shall prepare and submit to the Comptroller and Auditor General for Northern Ireland a statement of accounts before such date, in such form and containing such information as the Department, with the approval of the Department of Finance and Personnel, may direct and shall before that date send a copy thereof to the Department;
(b) the Comptroller and Auditor General for Northern Ireland shall examine and certify the statement of accounts submitted to him by the Staff Commission; and
(c) the Department shall lay before the Assembly a copy of the certified statement of accounts of the Staff Commission together with a copy of any report thereon of the Comptroller and Auditor General for Northern Ireland.
6. The Comptroller and Auditor General for Northern Ireland in the discharge of his functions under this paragraph shall have right of access to the books, accounts and records of the Staff Commission and may require from any member, officer or servant or former member, officer or servant of the Staff Commission such information relating to the affairs of the Staff Commission as he may think necessary for the proper performance of those functions.
7. Articles 86, 103(1), 113 and 114 shall apply to the Staff Commission in like manner as they apply to a board.
SCHEDULE 16
Articles 105(4), 106(2)
MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLES 105(4) AND 106(2)
PART I
MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 105(4)
1. References to the Ministry concerned or to the council shall be construed as references to the Department 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.
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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 Department proposes to acquire land under Article 105(4) 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 Department 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 Department 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 Department".
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 "Department 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 Department".
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 106(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 Department.
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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. For any reference to a matter prescribed by regulations made by the Department of the Environment there shall be substituted a reference to a matter prescribed by regulations made by the Department of Education.
6. In paragraphs 2(c) and 5(2) for the words "as may be prescribed" there shall be substituted the words "as appear to the board to have an interest in the matter".
7. Paragraph 19 shall be omitted.
SCHEDULE 17
Article 120(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 Head of the Department and not less than 37 nor more than 40 other members appointed by the Head of the Department in accordance with sub-paragraph (2).
(2) The other members shall be -
15 persons representing teachers in secondary schools;
3 persons representing teachers in institutions of further education;
12 persons representing universities and other institutions of higher education;
5 persons representing education and library boards;
2 persons representing industry and commerce;
and not more than 3 additional persons who in the opinion of the Head of the Department are suitable for appointment to the Council.
2 (1) The Head of the Department may appoint three assessors to the Council and the Head of the Department of Economic Development may appoint one such assessor.
(2) An 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.
(3) Section 18(2) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) (except so much thereof as relates to remuneration) shall apply to the appointment of assessors under this paragraph.
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 Head of the Department 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.
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(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 Head of the Department 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 Head of the Department, he -
(i) becomes incapacitated to hold office, or
(ii) ceases to represent the interest for which he was appointed,
and the Head of the Department 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 Council.
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.
(3) A committee appointed under sub-paragraph (2) may include persons who are not members of the Council.
(4) The Council may delegate any of its functions to a committee but functions which relate to finance may be delegated only to the Finance Committee.
(5) The Council may authorise a committee to appoint sub-committees for such purposes as the Council may approve and the membership of such sub-committees may include persons who are not members of the Council or of the committee which appointed the sub-committee.
(6) The powers of any committee or any sub-committee appointed under this paragraph shall be exercised, and the proceedings of the committee or sub-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 a member.
7. Without prejudice to section 19(1)(a)(v) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)), the Council shall make standing orders relating to the convening of meetings of the Council and of committees and subcommittees, the fixing of the quorum, the conduct of business at meetings, the keeping of minutes, accounts and other records, the signing of cheques,
[page 122]
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. The power of the Council under section 19(1)(a)(iv) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) to acquire, hold, dispose or charge real property shall not be exercised without the approval of the Department.
10 (1) The right of the Council under section 19(I)(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 Department, with the approval of the Department of Finance and Personnel, 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 consent of the Department given subject to the approval of the Department of Finance and Personnel, determine.
(3) The Council may, in accordance with arrangements determined by the Department with the approval of the Department of Finance and Personnel, 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 Department, appoint a fit person to be its chief officer.
(5) Before making any appointment under sub-paragraph (4), the Council shall supply to the Department particulars of the names, previous experience and qualifications of the persons from whom it proposes to make a selection, and if the Department considers that any person whose name is submitted is not a fit person to be the chief officer of the Council, the Department 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.
11. The Council may pay to any member of the Council or to any member of a committee or sub-committee thereof (including persons who are not members of the Council) travelling, subsistence and other allowances at such rates as the Department may approve.
12 (1) Arrangements made by the Council for the conduct of the relevant examinations may include provision -
(a) for the conduct of external examinations on syllabuses prescribed by the Council;
(b) for the conduct of external examinations on syllabuses prepared by individual schools or groups of schools or by individual institutions of further education or groups of such institutions or groups of schools and such institutions;
(c) for external assessment of examinations conducted internally by individual schools or groups of schools or by individual institutions of further education or groups of such institutions or groups of schools and such institutions.
(2) The Council may enter into arrangements to perform functions or
[page 123]
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 Council in carrying out the arrangements.
(3) The Council may arrange for the relevant examinations, or part thereof, to be conducted on its 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.
(4) The Council 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.
(5) The Council may conduct investigations into methods of examining and such other matters as the Council may determine, may take part in investigations into such matters conducted by another body, and may make to such body payments in respect of the expenditure incurred by it in conducting such investigations.
(6) The Council shall appoint such examiners, moderators and other persons as it considers necessary and shall pay them such salaries, fees or other allowances as the Council may, with the approval of the Department, determine.
(7) The Council shall publish rules and syllabuses for the relevant examinations and may publish specimen examination papers and such other material as it considers desirable.
(8) The Council shall charge examination fees at rates approved by the Department.
(9) Every certificate awarded by the Council shall be signed on behalf of the Council.
SCHEDULE 18
Article 132(2)
AMENDMENTS
The Disabled Persons Employment Act (Northern Ireland) 1945 (c. 6)
In sections 2(1) and 3(1) for "Act (Northern Ireland) 1947" substitute "and Libraries (Northern Ireland) Order 1986".
The Exchequer and Financial Provisions Act (Northern Ireland) 1950 (c. 3)
In section 33(1) for the words from "under" to "so, however" substitute "under Article 116 of the Education and Libraries (Northern Ireland) Order 1986, or any payment by that Department to boards under Article 114 of that Order for the purpose of meeting expenses incurred in connection with any permanent works the cost of which is properly chargeable to capital or for any other purpose for which capital moneys may properly be applied, so, however".
[page 124]
The Children and Young Persons Act (Northern Ireland) 1968 (c. 34)
In section 27(1) after "aptitude" insert "and to any special educational needs (within the meaning of the 1986 Order) he may have".
In section 37(1)(a) and (4)(a)(i) for the words from "which is" to "school age" substitute "of thirteen years".
In section 40(6) for the words from "whether" to "registered" substitute "whether, under Article 45 of and Schedule 13 to the 1986 Order, a registered" .
In section 85(4) for the words from "under" to "shall" substitute "under paragraph 5(3) of Schedule 13 to the 1986 Order shall".
In section 149 for subsection (3) substitute -
"(3) Any expenses incurred by 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 113 of the 1986 Order.".
In section 173(I)(b) for the words from "under" to "sending" substitute "under Part III of Schedule 13 to the 1986 Order sending".
In section 180 for the definitions of "compulsory school age", "local education authority" and "school" substitute respectively -
"compulsory school age" has the same meaning as in the 1986 Order, except that for the purposes of sections 37(1)(a) and 87(1) it shall be construed without regard to the provisions of Article 46(2) of that Order;
"local education authority" shall be construed in accordance with Article 3(1) of the 1986 Order;
"school" has the same meaning as in the 1986 Order;
and at the appropriate place in alphabetical order insert -
"the 1986 Order" means the Education and Libraries (Northern Ireland) Order 1986;.
The Commissioner for Complaints Act (Northern Ireland) 1969 (c. 25)
In Part II of Schedule 1 insert, at the appropriate places in alphabetical order, the following entries -
Education and Library Boards constituted under the Education and Libraries (Northern Ireland) Order 1986;
The Northern Ireland Schools Examinations Council.
The Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14)
In Article 2(2) for "Order 1972" (wherever occurring) substitute "Order 1986".
In Article 9(1)(a) for the words from "under" to the end substitute "under Article 6(3) or (4) of the Education and Libraries (Northern Ireland) Order 1986".
In Article 9(8) for "under Article 6(2) of the said Order of 1972" (where twice occurring) substitute "under Article 6(3) or (4) of the said Order of 1986".
[page 125]
The Planning (Northern Ireland) Order 1972 (NI 17)
In Article 17A(2) in the definition of "educational institution" for "1972" substitute "1986", for "Article 55" substitute "Article 66" and for "Article 23" substitute "Article 27".
The Fair Employment (Northern Ireland) Act 1976 (c. 25)
In section 57(1) in the definition of "school" for "1972" substitute "1986" and in the definition of "training" in paragraph (b) for "1972" substitute "1986" and for "Article 23(3)" substitute "Article 27(3)" and for paragraph (c) substitute the following paragraph -
"(c) a college of education within the meaning of that Order;".
The Sex Discrimination (Northern Ireland) Order 1976 (NI 15)
In Article 2(2) for "1972" (wherever it occurs) substitute "1986" and in the definition of "upper limit of compulsory school age" for "Article 36" substitute "Article 46".
In Article 24 in the Table after paragraph 1 insert the following paragraph -
"1A. College of education, other than an establishment referred to in Article 82(3). | The managers." |
and in paragraph 5 for "Article 23(3)(b)" substitute "Article 27(3)(b)" and for "1972" substitute "1986".
In Article 25 for "1972" substitute "1986".
In Article 26(2) for "Article 90" substitute "Article 101" and for "1972" substitute "1986".
In Article 26(4)(b) after "paragraph 1" insert ", 1A".
In Article 82(3) for "Article 55(1)" substitute "Article 66(1)" and for "1972" substitute "1986".
The Industrial Relations (No. 2) (Northern Ireland) Order 1976 (NI 28)
In Article 39(1)(e) for "1972" substitute "1986".
In Article 39(1) for sub-paragraph (f) substitute the following sub-paragraph -
"(f) a member of any of the following (within the meaning of the Education and Libraries (Northern Ireland) Order 1986), namely -
(i) the Board of Governors of a grant-aided school;
(ii) the management committee of an institution of further education;
(iii) the managers of a college of education,".
The Rates (Northern Ireland) Order 1977 (NI 28)
In Schedule 13 for "1972" (where it twice occurs) substitute "1986" and for "maintained school committee" substitute "Board of Governors of a maintained school".
[page 126]
The Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 (c. 53)
In section 8(2)(b) for "1972" substitute "1986" for "Article 55" substitute "Article 66" and for" Article 23" substitute "Article 27".
The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (NI 8)
In Part I of Schedule 1 in paragraph 3(f) for "Schedule 9" substitute "Schedule 13" and for "1972" substitute "1986".
The Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (NI 20)
In Article 11(5)(f) in head (iii) for "1972" substitute "1986" and for head (iv) substitute the following head -
"(iv) a college of education within the meaning of that Order;".
The Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)
In Article 15(3) for "Schedule 9" substitute "Schedule 13" and for "1972" substitute "1986".
SCHEDULE 19
Article 133(1)
TRANSITIONAL PROVISIONS
General
1. In so far as anything done or having effect as if done under or in pursuance of any provision repealed by this Order could have been done under or in pursuance of a corresponding provision of this Order, it shall have effect as if done under or in pursuance of that provision.
2. Where any period of time specified in any provision repealed by this Order is current at the coming into operation of this Order, this Order shall have effect as if the corresponding provision of this Order had been in force when that period began to run.
School management
3 (1) This paragraph applies to a voluntary grammar school the trustees or governing body of which had entered into an agreement with the Department or a board or boards under Schedule 6 to the 1972 Order which was existing immediately before 1st August 1984.
(2) Subject to sub-paragraph (3), an agreement made, or having effect as if made, by the trustees or governing body of a school to which this paragraph applies with the Department or a board or boards under paragraph 1 of Schedule 6 to the 1972 Order and existing immediately before 1st August 1984 shall continue to have effect as if made under paragraph 1 of Schedule 6 to this Order.
(3) Any reference in any such agreement to a period of years for which a person appointed to the Board of Governors of the school by the Head of the Department or by a board or boards is to hold office shall, in relation to any appointment made on or after 1st August 1984, have effect as if it were a reference to a period of four years.
[page 127]
(4) Any scheme approved under Article 9(2) of the 1972 Order by the Department for a school to which this paragraph applies shall continue to have effect as if approved under Article 11(2) of this Order but, so far as it relates to the constitution of the Board of Governors of the school, shall have effect, in relation to any appointment of a Board of Governors made after 1st August 1984, subject to the provisions of paragraph 3 of Schedule 6 to this Order.
4 (1) This paragraph applies to a voluntary grammar school, the trustees or governing body of which had not entered into an agreement with the Department or a board or boards under Schedule 6 to the 1972 Order which was existing immediately before 1st August 1984.
(2) Any scheme approved under Article 9(2) of the 1972 Order by the Department for a school to which this paragraph applies shall continue to have effect as if approved under Article 11(2) of this Order but, so far as it relates to the constitution of the Board of Governors of the school, shall have effect, in relation to any appointment of a Board of Governors made after 1st August 1984, subject to the provisions of paragraph 2 of Schedule 7 to this Order.
Special education
5. Notwithstanding the repeal by this Order of the Education (Northern Ireland) Order 1984 (NI 6) -
(a) paragraph 8 of Schedule 9 to that Order shall continue to apply in relation to any child mentioned in sub-paragraph (1) of that paragraph, but with the substitution in sub-paragraphs (2) to (7) for references to provisions of the 1972 Order of references to the corresponding provisions of this Order;
(b) paragraph 9 of Schedule 9 to that Order shall continue to apply in relation to any child mentioned in sub-paragraph (1) of that paragraph, but with the substitution in sub-paragraph (4) for the reference to Schedule 7A to the 1972 Order of a reference to Schedule 11 to this Order.
Article 116
6. In relation to grants in respect of -
(a) the provision or alteration of premises the work on which commenced; and
(b) the provision of equipment the expenditure for which was approved,
before 6th November 1974, Article 116(1)(a)(i) and (b)(i) shall have effect as if for the words "eighty-five per cent." there were substituted the words "eighty per cent." and any question as to whether the work commenced or the expenditure was approved before that date shall be determined by the Department and that determination shall be final.
[page 128]
SCHEDULE 20
Article 134
REPEALS
Number | Short Title | Extent of Repeal |
1972 NI 12 | The Education and Libraries (Northern Ireland) Order 1972. | The whole Order. |
1972 NI 21 | The Local Government (Postponement of Elections and Reorganisation) (Northern Ireland) Order 1972. | Article 4(2)(e). In Parts I and II of Schedule 1 the entries relating to the 1972 Order. |
1976 NI 2 | The Education (Northern Ireland) Order 1976. | The whole Order. |
1978 NI 10 | The Education (Northern Ireland) Order 1978. | The whole Order, except Articles 1, 2(1) and 17. |
1978 NI 11 | The Financial Provisions (Northern Ireland) Order 1978. | Article 11. |
1978 NI 20 | The Rent (Northern Ireland) Order 1978. | In Schedule 8, paragraph 8. |
1979 NI 12 | The Statutory Rules (Northern Ireland) Order 1979. | In Schedule 4, paragraph 13. |
1980 NI 16 | The Education (Northern Ireland) Order 1980. | The whole Order. |
1981 NI 26 | The Magistrates' Courts (Northern Ireland) Order 1981. | In Schedule 6, paragraphs 131 and 132. |
1984 c. 46 | The Cable and Broadcasting Act 1984. | In Schedule 5, paragraph 26. |
1984 NI 3 | The Fines and Penalties (Northern Ireland) Order 1984. | In Schedule 2, paragraph 7. In Schedule 3, the entries relating to the 1972 Order. |
1984 NI 6 | The Education (Northern Ireland) Order 1984. | The whole Order. |
1984 NI 9 | The Industrial Training (Northern Ireland) Order 1984. | In Schedule 3, paragraph 5. |
1984 NI 10 | The University of Ulster (Northern Ireland) Order 1984. | In Schedule 1, the amendments to the 1972 Order. |
[page 129]
EXPLANATORY NOTE
(This Note is not part of the Order.)
This Order consolidates the Education and Libraries (Northern Ireland) Order 1972 and the provisions amending that Order.
[page 130]
THE EDUCATION AND LIBRARIES (NORTHERN IRELAND) ORDER 1986
TABLE OF DERIVATIONS
NOTES:-(1) The following abbreviations are used in this Table -
1972 - The Education and Libraries (Northern Ireland) Order 1972 (NI 12).
1973 - The Northern Ireland Constitution Act 1973 (c. 36).
1976 - The Education (Northern Ireland) Order 1976 (NI 2).
1978 - The Education (Northern Ireland) Order 1978 (NI 10).
1980 - The Education (Northern Ireland) Order 1980 (NI 16).
1984F - The Fines and Penalties (Northern Ireland) Order 1984 (NI 3).
1984 - The Education (Northern Ireland) Order 1984 (NI 6).
1984U - The University of Ulster (Northern Ireland) Order 1984 (NI 10).
(2) This Table does not acknowledge Article 5 of the Fines and Penalties
(Northern Ireland) Order 1984 (NI 3) which substitutes references to levels on the standard scale for references to the amounts of fines on conviction of offences punishable on summary conviction only.
(3) This Table does not acknowledge the following provisions by virtue of which the functions of the Ministry of Finance under the Education and Libraries (Northern Ireland) Order 1972 are now vested in the Department of Finance and Personnel -
The Departments (Transfer of Functions) (No. 2) Order (Northern Ireland) 1976 (S.R. 1976 No. 281).
The Departments (Northern Ireland) Order 1982 (NI 6).
Provision of Order | Derivation |
1 | - |
2(1)-(2) | 1972 Art. 2; 1973 Sch. 5 paras. 1, 8; 1978 Arts. 6(2), 8(1); 1984 Art. 16(3), Sch. 8 paras. 1,2; Cable and Broadcasting Act 1984 (c. 46) Sch. 5 para. 26 |
-3 | - |
3 | 1972 Art. 3 |
4 | 1972 Art. 4; 1978 Art, 3(1); 1984 Sch. 8 para. 3 |
5 | 1972 Art. 5; 1984 Art. 20, Sch. 8 para. 4 |
6 | 1972 Art. 6; 1980 Art. 3; 1984 Art. 15 |
7 | 1972 Art. 7(1) |
8 | 1972 Art. 10; 1976 Sch. para. 2; 1978 Art. 4; 1984 Art. 14(1), Sch. 8 para. 5 |
9 | 1972 Art. 19(1); 1984 Art. 13(1), Sch. 8 paras. 6, 10 |
10 | 1972 Art. 8; 1984 Art. 3(1) |
11 | 1972 Art. 9; 1984 Art. 4(1) |
12 | 1984 Art. 5 |
13 | 1984 Art. 6 |
[page 131]
Provision of Order | Derivation |
14 | 1972 Art. 11A; 1978 Art. 5(2); 1984 Art. 22 |
15 | 1972 Art. 12(3)-(6); 1978 Art. 5(3); 1984 Sch. 8 para. 6 |
16 | 1972 Art. 13; 1978 Art. 5(4); 1984 Sch. 8 para. 7 |
17 | 1972 Art. 14 |
18 | 1972 Art. 15; 1984 Sch. 8 para. 8 |
19 | 1972 Art. 9A; 1984 Art. 21 |
20 | 1984 Art. 7 |
21 | 1972 Art. 16; 1978 Sch. 1 para. 1 |
22 | 1972 Art. 17; 1984 Sch. 8 para. 9 |
23 | 1972 Art. 18 |
24 | 1972 Art. 20; 1984 Sch. 8 para. 11 |
25 | 1972 Art. 21 |
26 | 1972 Art. 22; 1984 Art. 23 |
27 | 1972 Art. 23; 1984 Art. 20; Industrial Training (N.I.) Order 1984 (NI 9) Sch. 3 para. 5 |
28 | 1972 Art. 24(1)-(4) |
29 | 1972 Art. 25; 1984 Art. 16 |
30 | 1972 Art. 25A; 1984 Art. 16 |
31 | 1972 Art. 25B; 1984 Art. 16 |
32 | 1972 Art. 25C; 1984 Art. 16 |
33 | 1972 Art. 25D; 1984 Art. 16 |
34 | 1972 Art. 26(2), (3) |
35 | 1972 Art. 25E; 1984 Art. 16 |
36 | 1972 Art. 26A; 1984 Art. 17 |
37 | 1972 Art. 27(1)-(4) |
38 | 1972 Art. 28(1), (3)-(6); 1984 Art. 24; 1984F Arts. 7, 9, Sch.3 |
39 | 1972 Art. 29 |
40 | 1972 Art. 30; Statutory Rules (N.I.) Order 1979 (NI 12) Sch. 4 para. 13 |
41 | 1972 Art. 31; 1984F Arts. 7, 9, Sch. 3 |
42 | 1972 Art. 32; 1984 Sch. 8 para. 12 |
43 | 1972 Art. 33 |
44 | 1972 Art. 34 |
45 | 1972 Art. 35; 1984 Art. 18(1) |
46 | 1972 Art. 36; 1984 Sch. 8 para. 13 |
47 | 1972 Art. 37 |
48 | 1972 Art. 38 |
49 | 1972 Art. 38A; 1984 Art. 25 |
50 | 1972 Art. 39; 1978 Art. 6; 1980 Art. 7 |
51 | 1972 Art. 40; 1978 Art. 6; 1980 Art. 7; 1984 Sch. 8 para. 15 |
52 | 1972 Art. 41; 1976 Art. 5; 1984U Sch. 1 |
[page 132]
Provision of Order | Derivation |
53 | 1972 Art. 42; 1984 Art. 26 |
54 | 1972 Art. 42A; 1984 Art. 26 |
55 | 1972 Art. 43; 1984 Sch. 8 para. 16; 1984U Sch. 1 |
56(1) | 1972 Art. 44(1); 1984 Sch. 8 para. 17 |
-2 | 1984 Art. 9(2) |
-3 | 1984 Art. 14(2) |
(4)-(6) | 1972 Art. 44(2)-(4); 1980 Art. 4 |
57 | 1972 Art. 45; 1980 Art. 8; 1984 Art. 14(3), Sch. 8 para. 18 |
58 | 1972 Art. 46; 1984 Art. 27 |
59 | 1972 Art. 47; 1984 Art. 27 |
60 | 1972 Art. 48; 1976 Art. 7 |
61 | 1972 Art. 49; 1984 Sch. 8 para. 19 |
62 | 1972 Art. 50; 1984 Art. 19; 1984F Art. 7, Sch. 3 |
63 | 1972 Art. 51; 1984 Sch. 8 para. 20 |
64 | 1972 Art. 52; 1984F Arts. 6, 9 |
65 | 1972 Art. 53; 1976 Art. 8(1); 1984 Art. 16(3) |
66 | 1972 Art. 55; 1984 Art. 28 |
67 | 1972 Art. 55A; 1984 Art. 28 |
68 | 1972 Art. 56(1) |
69 | 1972 Art. 57; 1980 Art. 9 |
70 | 1972 Art. 58; 1978 Art. 8(3) |
71 | 1972 Art. 59; 1976 Art. 9; 1978 Art. 8(4) |
72 | 1972 Art. 60; 1984 Art. 13(2), Sch. 8 para. 22 |
73 | 1972 Art. 61 |
74 | 1972 Art. 62; 1984 Sch. 8 para. 23 |
75 | 1972 Art. 63 |
76 | 1972 Art. 64 |
77 | 1972 Art. 65 |
78 | 1972 Art. 66 |
79 | 1972 Art. 67; 1984 Art. 29 |
80 | 1972 Art. 68; 1976 Sch. para. 5 |
81 | 1972 Art. 69 |
82 | 1972 Art. 70 |
83 | 1972 Art. 71(2)-(7); 1978 Sch. 1 para. 4; 1984 Sch. 8 para. 24 |
84 | 1972 Art. 71A; 1978 Art. 9; 1984 Sch. 8 para. 25 |
85 | 1972 Art. 74; 1984F Art. 6 |
86 | 1972 Art. 75 |
87 | 1972 Art. 76; 1976 Sch. para. 6 |
88 | 1972 Art. 77; 1984 Sch. 8 para. 26 |
89 | 1972 Art. 78; Rent (N.I.) Order 1978 (NI 20) Sch. 8 para. 8; Magistrates' Courts (N.I.) Order 1981 (NI 26) Sch. 6 para. 131 |
[page 133]
Provision of Order | Derivation |
90 | 1972 Art. 79; Rent (N.I.) Order 1978 (NI 20) Sch. 8 para. 8; Magistrates' Courts (N.I.) Order 1981 (NI 26) Sch. 6 para. 131 |
91 | 1972 Art. 80 |
92 | 1972 Art. 81; Financial Provisions (N.I.) Order 1978 (NI 11) Art. 11 |
93 | 1972 Art. 81A; 1976 Art. 11 |
94 | 1972 Art. 83; 1984F Art. 8 |
95 | 1972 Art. 84; 1976 Sch. para. 7; 1978 Sch. 1 para. 5; 1984 Sch. 8 para. 27 |
96 | 1972 Art. 85 |
97 | 1972 Art. 86 |
98 | 1972 Art. 87 |
99 | 1972 Art. 88 |
100 | 1972 Art. 89; 1984 Sch. 8 para. 28 |
101 | 1972 Art. 90; Statutory Rules (N.I.) Order 1979 (NI 12) Sch. 4 para. 13; 1984 Sch. 8 para. 29 |
102 | 1972 Art. 91; 1984 Sch. 8 para. 30 |
103 | 1972 Art. 92; 1984 Sch. 8 para. 31; 1984U Sch. 1 |
104 | 1972 Art. 93; 1973 Sch. 5 para. 3 |
105 | 1972 Art. 94(3)-(15); 1984F Art. 7, Sch. 3 |
106 | 1972 Art. 95; 1978 Art. 10; 1984 Art. 13(3), Sch. 8 paras. 6, 32, 33 |
107 | 1972 Art. 96(3), (4) |
108 | 1972 Art. 98 |
109 | 1972 Art. 99 |
110 | 1972 Art. 100 |
111 | 1972 Art. 101 |
112 | 1972 Art. 102 |
113 | 1972 Art. 103 |
114 | 1972 Art. 104(1) |
115 | 1972 Art. 105; 1976 Art. 12; 1984 Arts. 13(4),14(4),30(2), Sch. 8 paras. 34-36 |
116 | 1972 Art. 106(1)-(3), (5), (6); 1976 Art. 13; 1978 Art. 11; 1984 Art. 13(5), Sch. 8 paras. 6, 37 |
117 | 1972 Art. 106A; 1984 Art. 30(1) |
118 | 1984 Art. 12 |
119 | 1972 Art. 107; 1978 Art. 12(1); 1984 Sch. 8 para. 38 |
120 | 1972 Art. 108 |
121 | 1972 Art. 109; 1984 Sch. 7 |
122 | 1972 Art. 110 |
123 | 1972 Art. 112(1), (2) |
124 | 1972 Art. 113; 1984 Sch. 7 |
[page 134]
Provision of Order | Derivation |
125 | 1972 Art. 114; 1973 Sch. 5 para. 3; 1984 Sch. 7 |
126 | 1972 Art. 115; 1984 Sch. 7 |
127 | 1972 Art. 116 |
128 | 1972 Art. 117 |
129 | 1972 Art. 118; 1984F Art. 7, Sch. 3 |
130 | 1972 Art. 119 |
131 | 1972 Art. 120 |
132 | 1972 Art. 122 |
133 | 1972 Art. 124 |
134 | 1972 Art. 125 |
135 | - |
Sch. 1 | 1972 Sch. 1; 1984 SR 121 |
Sch. 2 | 1972 Sch. 2; Local Government (Postponement of Elections and Reorganisation) (NI) Order 1972 (NI 21) Sch. 1; 1976 Sch. para. 8; 1978 Arts. 3(2), 13(2); 1984 Art. 31 |
Sch. 3 | 1973 Sch. 3; 1976 Sch. para. 9; 1978 Sch. 1 para. 5; 1984 Art. 32 |
Sch. 4 | 1972 Sch. 4; 1984 Sch. 1 |
Sch. 5 | 1972 Sch. 5; 1984 Art. 4(2), Sch. 2, Sch. 8 para. 39 |
Sch. 6 | 1972 Sch. 6; 1984 Sch. 3 |
Sch. 7 | 1972 Sch. 6A; 1984 Sch. 4 |
Sch. 8 | 1972 Sch. 6B; 1984 Sch. 5 |
Sch. 9 | 1972 Sch. 7 |
Sch. 10 | 1984 Arts. 8, 9(1), (3), 10, 11 |
Sch. 11 | 1972 Sch. 7A; 1984 Sch. 6 |
Sch. 12 | 1972 Sch. 8; 1984F Art. 7, Sch. 3 |
Sch. 13 | 1972 Sch. 9; 1984 Art. 18; 1984F Arts. 7, 9, Sch. 3 |
Sch. 14 | 1972 Sch. 10; 1976 Art. 8(3)-(4); 1978 Sch. 1 para. 6; 1984 Art. 33, Sch. 8 para. 40 |
Sch. 15 | 1972 Sch. 11; 1978 Art. 12(2)-(3); 1984 Sch. 8 paras. 41, 42 |
Sch. 16 | 1972 Sch. 12; 1984 Sch. 8 para. 43 |
Sch. 17 | 1972 Sch. 13; 1984 Sch. 7 |
Sch. 18 | 1972 Arts. 104(2), 121, Sch. 15; 1984 Art. 18(3), Sch. 8 Part II |
Sch. 19 | 1976 Art. 13(2); 1984 Sch. 9 paras. 4, 5, 8, 9 |
Sch. 20 | - |