PART V
MISCELLANEOUS AND SUPPLEMENTARY
Amendments to the 1986 Order
29 Determination of travelling and subsistence allowances
(1) In Article 79 of the 1986 Order in paragraph (1) (travelling and subsistence payments to members of boards and others to be on such conditions and at such rates as the Department may determine) the words", on such conditions and at such rates as the Department may determine," shall be omitted.
(2) After that paragraph there shall be inserted -
"(1A) Payments under paragraph (1) shall be made at such rates and on such conditions as may be -
(a) determined by the board; and
(b) approved by the Department.".
(3) In Article 80 of the 1986 Order (payments in respect of official visits to be at rates determined by the Department) for the words from the beginning to "travelling" there shall be substituted -
"(1) A board may -
(a) defray any travelling".
(4) At the end of that Article there shall be added -
"(2) Payments under paragraph (1)(a) shall be made at such rates and on such conditions as may be -
(a) determined by the board, after consultation with the Staff Commission; and
(b) approved by the Department.".
(5) In Article 92(2)(b) of the 1986 Order (payments in respect of attendance at conferences to be at such rates as the Department may determine) the words "at such rates as the Department may determine," shall be omitted.
(6) At the end of that Article there shall be added -
"(3) Payments under paragraph (2)(b) shall be made at such rates and on such conditions as may be -
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(a) determined by the board, after consultation with the Staff Commission; and
(b) approved by the Department.".
30 Officers of boards
For Article 83 of the 1986 Order (officers of boards) there shall be substituted -
"83 Officers of boards
(1) A board shall appoint a fit person to be -
(a) the chief executive of the board who shall also be the chief education officer of the board and act as secretary to the board; and
(b) the chief librarian of the board who shall also act as secretary to the library committee of the board.
(2) In connection with making an appointment to any post under paragraph (1), a board shall consult the Staff Commission as to -
(a) the qualifications and previous experience to be required of candidates for appointment;
(b) the arrangements for advertising the post; and
(c) the terms and conditions on which the appointment is to be made.
(3) A board shall not appoint -
(a) a person as chief executive unless the Department approves the appointment;
(b) a person as chief librarian unless the Department of Culture, Arts and Leisure approves the appointment.
(4) In order to obtain such approval, the board shall send to the department concerned the names, qualifications and previous experience of those applicants considered by the board to be suitable for appointment, indicating the name of the person whom the board proposes to appoint.
(5) Where a board makes an appointment under paragraph (1) it shall notify each of the funding departments of -
(a) the name of the person appointed; and
(b) the date on which the appointment is to take effect.
(6) The Department may direct that the terms and conditions relating to remuneration of -
(a) chief executives and chief librarians of boards; and
(b) other officers of boards of such class or description as may be specified in the direction,
shall not be fixed or altered without the approval of the Department.
(7) Before granting its approval under paragraph (6), the Department shall consult the Staff Commission.
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(8) Two or more boards may arrange for the appointment of the same person to be an officer of both or all those boards; but the boards concerned shall notify each of the funding departments of any such arrangement.".
31 Principals on teaching appointments committee
(1) Part I of Schedule 3 to the 1986 Order (teaching appointments committees) shall be amended as follows.
(2) In paragraph 1(a) (committee to include two principals of controlled schools under the management of the board) the words "under the management of the board" shall be omitted.
(3) In paragraph 2(1) for head (b) (selection of principals to attend committee from panel appointed under head (a)) there shall be substituted -
"(b) subject to head (c), two principals from that panel shall be appointed by the board to attend each meeting of the teaching appointments committee;
(c) where it is not practicable to make any appointment in accordance with head (b) (whether because of unavailability or otherwise), the board may instead appoint one or (as the case may require) two principals from a panel prepared by any other board under head (a);
(d) different principals may be appointed under head (b) or (c) to attend different meetings of the committee.".
Amendments to the 1989 Order
32 Programme of training by boards
(1) Article 149 of the 1989 Order (programmes of training by boards) shall be amended as follows.
(2) In paragraph (1) (board to prepare and submit programme to Department at such times and in such form as the Department may direct) the following shall be omitted -
(a) the words", at such times and in such form as the Department may direct,"; and
(b) the words "and submit to the Department".
(3) Paragraph (3) (power of Department to request information in connection with submitted programme) and paragraph (4) (power of Department to approve submitted programme) shall be omitted.
(4) In paragraph (5) (duty to give effect to approved programme) for "approved by the Department" substitute "prepared by it".
(5) For paragraph (6) (revision or amendment of programme) there shall be substituted -
"(6) A board may at any time prepare a revised programme or an amendment to an existing programme; and paragraphs (2) and (5) apply in relation to any such revised programme or amendment as they apply in relation to the original programme.".
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33 Terms of appointment of members of CCMS
(1) In paragraph 5 of Schedule 8 to the 1989 Order (terms of appointment of members of Council for Catholic Maintained Schools), sub-paragraph (2) (which provides for certain members of the Council to be appointed at a different time from the other members) shall cease to have effect.
(2) In consequence of paragraph (1), the following provisions of that Schedule shall cease to have effect -
(a) in paragraph 3(11) the words "(except paragraph 5(2))";
(b) in paragraph 5(1) the words "Subject to sub-paragraph (2),";
(c) in paragraph 5(3) the words "or (2)" and "or (as the case may be) sub-paragraph (2)".
(3) The term of office of a person who immediately before the coming into operation of this Article is a member of the Council appointed in accordance with paragraph 5(2) of Schedule 8 to the 1989 Order shall expire on the day preceding that from which the first of the next subsequent appointments made to the Council in accordance with paragraph 5(1) of that Schedule are effective.
Amendments to the 1998 Order
34 Provision of secondary education for pupils by institutions of further education
In Article 83 of the 1998 Order for paragraph (2) there shall be substituted"(2) A board may arrange for secondary education to be provided by an institution of further education -
(a) on behalf of the Board of Governors of a grant-aided school in its area, to meet the needs of any registered pupils at the school who are in key stage 4; or
(b) to meet the needs of any child over the age of 14 but under compulsory school age who is resident in its area and is not a registered pupil at any grant-aided school.".
35 The General Teaching Council for Northern Ireland: fees and procedures
(1) Chapter I of Part VI of the 1998 Order (the General Teaching Council for Northern Ireland) shall be amended as follows.
(2) In Article 35(3) (person not to be employed as teacher unless registered) at the beginning there shall be inserted "Subject to such exceptions as may be provided for by or under regulations,".
(3) In Article 36(3)(f)(iii) (procedures in connection with cases of misconduct to be specified in regulations) after the words "specified in" there shall be inserted "or determined under".
(4) After Article 36(4) (regulations to authorise charging of fees by Council in respect of certain matters) there shall be inserted -
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"(4A) The Council, in exercising any power to fix fees authorised by virtue of paragraph (4), shall have regard to the expenditure of the Council in exercising -
(a) its functions under this Order relating to registration; and
(b) all other functions conferred on it under this Order or any other statutory provision.".
Miscellaneous
36 Abolition of corporal punishment
(1) Corporal punishment given by, or on the authority of, a member of staff to a child -
(a) for whom education is provided at any school or institution of further education, or
(b) for whom education is provided, otherwise than at school, under any arrangements made by a board under Article 86 of the 1998 Order,
cannot be justified in any proceedings on the ground that it was given in pursuance of a right exercisable by the member of staff by virtue of his position as such.
(2) Paragraph (1) applies to corporal punishment so given to a child at any time, whether at the school, institution or other place at which education is provided for the child, or elsewhere.
(3) In this Article any reference to giving corporal punishment to a child is to doing anything for the purpose of punishing that child (whether or not there are other reasons for doing it) which, apart from any justification, would constitute battery.
(4) However, corporal punishment shall not be taken to be given to a child by virtue of anything done for reasons that include averting -
(a) an immediate danger of personal injury to, or
(b) an immediate danger to the property of,
any person (including the child himself).
(5) In this Article -
"child" means a person under the age of 18;
"member of staff', in relation to the child concerned, means -
(a) any person who works as a teacher at the school, institution or other place at which education is provided for the child, or
(b) any other person who (whether in connection with the provision of education for the child or otherwise) -
(i) works at that school, institution or place, or
(ii) otherwise provides his services there (whether or not for payment),
and has lawful control or charge of the child.
37 Reports and returns
(1) A body to which this paragraph applies shall -
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(a) make such reports and returns; and
(b) give such information,
to the Department as the Department may reasonably require for the purposes of its functions under any statutory provision.
(2) Paragraph (1) applies to -
(a) a board;
(b) the trustees of a school;
(c) the Board of Governors of a grant-aided school;
(d) the proprietor of an independent school;
(e) the Council for Catholic Maintained Schools;
(f) the Staff Commission; and
(g) the Northern Ireland Council for the Curriculum, Examinations and Assessment.
(3) A body to which this paragraph applies shall -
(a) make such reports and returns; and
(b) give such information,
to a board as the board may reasonably require for the purposes of its functions under any statutory provision.
(4) Paragraph (3) applies to -
(a) the trustees of a school;
(b) the Board of Governors of a grant-aided school; and
(c) the proprietor of an independent school.
(5) A body to which this paragraph applies shall -
(a) make such reports and returns; and
(b) give such information,
to the Department of Culture, Arts and Leisure as that Department may reasonably require for the purposes of its functions under any statutory provision.
(6) Paragraph (5) applies to -
(a) a board; and
(b) the Staff Commission.
(7) A body to which this paragraph applies shall -
(a) make such reports and returns; and
(b) give such information,
to the Department for Employment and Learning as that Department may reasonably require for the purposes of its functions under any statutory provision.
(8) Paragraph (7) applies to -
(a) a board;
(b) the managers of a college of education;
(c) the governing body of a university; and
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(d) the Northern Ireland Council for the Curriculum, Examinations and Assessment.
(9) In Article 21 of the Further Education (Northern Ireland) Order 1997 (NI 15) in paragraph (1)(b) (duty of governing body of institution of further education to provide information to a board for the purposes of its functions under the Education Orders) for the words "the Education Orders" there shall be substituted "any statutory provision".
38 Annual report of boards
(1) A board shall in respect of each financial year prepare a report on the exercise of its functions in that year.
(2) A report shall -
(a) be published; and
(b) be laid before the Assembly,
by the board by such date as the Department may direct.
(3) Subject to Article 12(5) (report under this Article to contain annual statement of accounts of board and report thereon), a report under this Article shall contain such information as the Department may direct.
(4) Before giving a direction under this Article, the Department shall consult the other funding departments.
Supplementary provisions
39 Regulations
(1) Regulations under this Order shall be subject to negative resolution.
(2) Regulations under this Order may contain such incidental, supplementary and transitional provisions as appear to the Department to be appropriate.
40 Minor and consequential amendments and repeals
(1) The statutory provisions set out in Schedule 2 shall have effect subject to the minor and consequential amendments specified in that Schedule.
(2) The statutory provisions set out in Schedule 3 are hereby repealed to the extent specified in the second column of that Schedule.
A. K. Galloway
Clerk of the Privy Council
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SCHEDULES
SCHEDULE 1
Article 9
FUNDING OF GRANT-AIDED SCHOOLS: CONSEQUENTIAL AND SUPPLEMENTARY AMENDMENTS
The 1989 Order
1. Omit Articles 46 to 59.
2 (1) Article 60 (grants to voluntary grammar schools) shall be amended as follows.
(2) For paragraph (3) substitute -
"(3) The amount of a grant to be paid under paragraph (1) to the Board of Governors of a voluntary grammar school in any financial year shall be the sum of -
(a) an amount equal to the budget share of the school for that year; and
(b) such other amount determined by or in accordance with the common funding scheme as, in accordance with that scheme, falls to be paid by way of grant under paragraph (1).".
(3) Omit paragraphs (4) to (7E).
(4) At the end add -
"(9) This Article shall be construed as if it were contained in Part I of the Education and Libraries (Northern Ireland) Order 2003.".
3 (1) Article 61 (financial statements for voluntary grammar schools) shall be amended as follows.
(2) In paragraph (2) for the words from "the following particulars" to the end substitute "such particulars as the Department may determine with respect to the financial provision the Department plans to make in that year for voluntary grammar schools".
(3) Omit paragraph (7).
4. Omit Articles 62 and 63.
5 (1) Article 77 (maintenance grants to grant-maintained integrated schools) shall be amended as follows.
(2) For paragraph (2) substitute -
"(2) The amount of the maintenance grant to be paid under paragraph (1) to the Board of Governors of a grant-maintained integrated school in any financial year shall be the sum of -
(a) an amount equal to the budget share of the school for that year; and
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(b) such other amount determined by or in accordance with the common funding scheme as, in accordance with that scheme, falls to be paid by way of grant under paragraph (1).".
(3) Omit paragraphs (3) to (7D) and (12).
(4) At the end add -
"(14) This Article shall be construed as if it were contained in Part I of the Education and Libraries (Northern Ireland) Order 2003.".
6 (1) Article 78 (financial statements for grant-maintained integrated schools) shall be amended as follows.
(2) In paragraph (2) for the words from "the following particulars" to the end substitute "such particulars as the Department may determine with respect to the financial provision the Department plans to make in that year for grant-maintained integrated schools".
(3) Omit paragraph (7).
The 1998 Order
7. Omit Articles 44 to 54.
8 (1) Article 55 (suspension of financial delegation) shall be amended as follows.
(2) In paragraph (1) for the words from the beginning to "a scheme" substitute "Where it appears to a board, in the case of any relevant school with a delegated budget,".
(3) In paragraph (7) for "Article 54(2)" substitute "Article 6(1) of the 2003 Order".
9 (1) Article 59 (application to special schools) shall be amended as follows.
(2) In the heading to the Article and in paragraph (1) for "schemes" and "a scheme" substitute "the common funding scheme".
(3) In paragraph (2)(a) after "this Chapter" insert "or Part I of the 2003 Order". (4) In paragraph (2)(b) for "any scheme" substitute "the common funding scheme".
10 (1) Article 61 (maintenance grants to voluntary grammar schools) shall have effect as follows.
(2) For paragraph (2) substitute -
"(2) The amount of the maintenance grant payable in respect of a voluntary grammar school for a financial year shall be the sum of -
(a) an amount equal to the budget share of the school for that year; and
(b) such other amount determined by or in accordance with the common funding scheme as, in accordance with that scheme, falls to be paid by way of maintenance grant.".
11 (1) Article 63 (maintenance grants to grant maintained integrated schools) shall have effect as follows.
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(2) For paragraph (2) substitute -
"(2) The amount of the maintenance grant payable in respect of a grant-maintained integrated school for a financial year shall be the sum of -
(a) an amount equal to the budget share of the school for that year; and
(b) such other amount determined by or in accordance with the common funding scheme as, in accordance with that scheme, falls to be paid by way of maintenance grant.".
12. Omit Articles 65 and 66.
13 (1) Article 67 (financial statements in respect of special schools) shall be amended as follows.
(2) In the heading to the Article and in paragraph (1) for "Article 66" substitute "Article 7 of the 2003 Order".
14. After Article 67 there shall be inserted -
"67A Interpretation of this Chapter
(1) In this Chapter "the 2003 Order" means the Education and Libraries (Northern Ireland) Order 2003.
(2) In this Chapter -
(a) references to a school which has a delegated budget are references to a school managed by a Board of Governors to which a board has for the time being delegated the management of the school's budget share in pursuance of the common funding scheme;
(b) the Board of Governors of a school to which the board is required by the scheme to delegate the management of the school's budget share is said to have a right to a delegated budget.
(3) In this Chapter -
"the common funding scheme" means the common funding scheme under Article 3 of the 2003 Order;
"the board", in relation to a school, means the board for the area in which the school is situated.
(4) References in this Chapter -
(a) to a school's budget share are to be construed in accordance with Article 4(3) of the 2003 Order;
(b) to a relevant school are to be construed in accordance with Article 3(2) of that Order.
(5) The Department may by order subject to affirmative resolution substitute for references in this Chapter to a financial year references to such other period as the Department may determine.
(6) Directions and guidance given by the Department under this Chapter shall -
(a) be in writing; and
(b) be published in such manner as the Department thinks fit.".
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15. In Article 72(7) for "Article 52(4)(b)" there shall be substituted "Article 67A(2)(a)".
SCHEDULE 2
Article 40
MINOR AND CONSEQUENTIAL AMENDMENTS
The Education and Libraries (Northern Ireland) Order 1986 (NI 3)
1. In Article 2(2) at the appropriate place in alphabetical order insert -
""the funding departments" has the meaning given in Article 10 of the Education and Libraries (Northern Ireland) Order 2003.".
2. In Article 112(1) for the words from "expenses" to the end substitute "expenditure incurred or to be incurred by it in accordance with a resource allocation plan (or revised plan) approved under Article 10 of the Education and Libraries (Northern Ireland) Order 2003".
3. In Schedule 15 in paragraph 3(1)(e) after "other functions" insert "as are conferred on it by any statutory provision or".
4. In Schedule 15 for paragraphs 4 to 7 substitute -
"4 (1) In respect of each financial year, the Staff Commission shall prepare and submit to the Department a resource allocation plan which sets out the estimated use of resources by the Commission in that year
(2) The plan submitted to the Department under sub-paragraph (1) shall -
(a) be in such form as the Department may approve; and
(b) contain such other information in connection with the exercise, or proposed exercise, by the Commission of its functions as the Department may direct.
(3) The Department may approve a plan submitted to it under sub-paragraph (1) with or without modifications.
(4) The Commission may, with the approval of the Department, at any time submit a revised resource allocation plan to the Department, and the Department may approve the revised plan with or without modifications.
(5) Resources shall not be used by the Commission otherwise than in accordance with a plan (or revised plan) approved under this paragraph.
(6) In this paragraph a reference to the use of resources is a reference to their expenditure, consumption or reduction in value.
5. The Department may from time to time pay to the Staff Commission such amounts as the Department thinks necessary to enable the Commission to meet expenditure incurred, or to be incurred, by the Commission in accordance with a resource allocation plan (or revised plan) approved under paragraph 4.
6 (1) The Staff Commission shall keep accounts in such form as the Department may direct.
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(2) The Commission shall prepare a statement of accounts in respect of each financial year in such form and containing such information as the Department, with the approval of the Department of Finance and Personnel, may direct.
(3) The Commission shall send copies of the statement of accounts to the Department and the Comptroller and Auditor General for Northern Ireland by such date as the Department may direct.
(4) The Comptroller and Auditor General shall -
(a) examine, certify and report on the statement of accounts; and
(b) send a copy of his report to the Commission and to the Department.
(5) The annual report of the Commission laid before the Assembly under paragraph 7 shall include -
(a) the statement of accounts of the Commission for that year; and
(b) the report of the Comptroller and Auditor General thereon.
(6) In the discharge of his functions under this paragraph, the Comptroller and Auditor General -
(a) shall have right of access to the books, accounts and records of the Commission and of the Department; and
(b) may require from any member or officer (or former member or officer) of the Commission such information relating to the affairs of the Commission as he may consider necessary for the proper discharge of those functions.
7 (1) The Staff Commission shall in respect of each financial year prepare a report on the exercise of its functions in that year.
(2) A report shall -
(a) be published; and
(b) be laid before the Assembly,
by the Commission by such date as the Department may direct.
(3) Subject to paragraph 6(5), a report under this paragraph shall contain such information as the Department may direct.
8. Articles 84 (car loans) and 86(1) (insurance against risks) apply to the Commission as they apply to a board.".
The Education Reform (Northern Ireland) Order 1989 (NI 20)
5. In Article 29(2)(a) for "approved" substitute "prepared".
6. In Article 148(1) for "approved" substitute "prepared".
The Further Education (Northern Ireland) Order 1997 (NI 15)
7. In Article 14(1) for paragraph (aa) substitute -
"(aa) to provide or secure the provision of secondary education in pursuance of arrangements made with a board under Article 83(2) of the Education (Northern Ireland) Order 1998 (registered pupils in key stage 4 or children over the age of 14 who are not registered pupils);".
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The Education (Northern Ireland) Order 1998 (NI 13)
8. In Article 4(2) for "Article 49A of the 1986 Order" substitute "Article 36 of the Education and Libraries (Northern Ireland) Order 2003".
9. In Article 5(5) for "18" substitute "24".
SCHEDULE 3
Article 40
REPEALS
PART I
REPEALS COMING INTO OPERATION ON 1st APRIL 2003
Short Title | Extent of repeal |
The Education and Libraries (Northern Ireland) Order 1986 (NI 3). | Article 49A. In Article 79(1) the words ", on such conditions and at such rates as the Department may determine,". In Article 92(2)(b) the words "at such rates as the Department may determine,". Article 103. Article 113. Article 114. Article 119. In Schedule 3, in paragraph 1(a) the words "under the management of the board". |
The Education (Corporal Punishment) (Northern Ireland) Order 1987 (NI 6). | The whole Order. |
The Education Reform (Northern Ireland) Order 1989 (NI 20). | In Article 149(1) the words", at such times and in such form as the Department may direct," and "and submit to the Department". Article 149(3) and (4). Article 161. In Schedule 8, in paragraph 3(11) the words "(except paragraph 5(2))", in paragraph 5(1) the words "Subject to sub-paragraph (2),", paragraph 5(2) and in paragraph 5(3) the words "or (2)" and "or (as the case may be) sub-paragraph (2)". In Schedule 9, the amendments to Articles 83 and 103(1) of the 1986 Order. |
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Short Title | Extent of repeal |
The Education and Libraries (Northern Ireland) Order 1993 (NI 12). | Part II. Article 29. Schedule 1. In Part II of Schedule 4, the amendments to Article 80 of, and Schedule 15 to, the 1986 Order. |
The Education (Northern Ireland) Order 1996 (NI 1). | Article 32. |
The Education (Northern Ireland) Order 1997 (NI 5). | In Article 15(10) the words", on such conditions and at such rates as the Department may determine," |
The Further Education (Northern Ireland) Order 1997 (NI 15). | In Schedule 4, the amendments to Articles 49A and 103(2) of the 1986 Order and Schedule 1 to the Education and Libraries (Northern Ireland) Order 1993. |
The Education (Northern Ireland) Oder 1998 (NI 13). | Article 83(1). |
PART II
REPEALS COMING INTO OPERATION ON DAYS TO BE APPOINTED UNDER ARTICLE 1(3)
Short Title | Extent of repeal |
The Education Reform (Northern Ireland) Order 1989 (NI 20). | Articles 46 to 59. Article 60(4) to (7E). Article 61(7). Articles 62 and 63. Article 77(3) to (7D) and (12). Article 78(7). |
The Education (Northern Ireland) Order 1998 (NI 13). | Articles 44 to 54. Articles 65 and 66. |
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EXPLANATORY NOTE
(This note is not part of the Order.)
This Order amends the law relating to education and libraries. Part II makes new provision for the funding of grant-aided schools. Part III makes provision for the funding of Education and Library Boards and for such Boards to have a duty of best value. Parts IV and V make miscellaneous amendments relating to schools and the administration of education and libraries.