The Education and Libraries (Northern Ireland) Order 1986

• Citation: S.I. 1986/594 (N.I.)
• Sections: 206

Section 1 Title and commencement

(1) This Order may be cited as the Education and Libraries (Northern Ireland) Order 1986.

(2) This Order shall come into operation on the expiration of three months from the day on which it is made.

Section 2 Interpretation

(1) The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly and nothing in this Order shall, except where otherwise expressly provided, prejudice the provisions of the said Act of 1954 and section 17(2) of the said Act of 1954 (amendment, revocation etc. of statutory instruments) shall apply to statutory instruments within the meaning of that Act made under the Education Orders and directions given under the Education Orders by the Department whether or not such statutory instruments or directions are of a legislative character.

(2) In this Order—

“approved” means approved by the Department;

“award” includes scholarship, studentship, exhibition, bursary, maintenance or other allowance or any combination thereof;

“board” means an education and library board;

“Catholic maintained school” has the meaning assigned to it by Article 141(3) of the 1989 Order;

“child” . . . means a person who is not over compulsory school age;

“clothing” includes footwear;

“college of education” means a college for the training of teachers being a college in respect of which grants are paid under Article 66(2), (2A) or (3);

“compulsory school age” has the meaning assigned to it by Article 46;

“contributory school” means, in relation to a controlled secondary school , a controlled primary school from which, in the opinion of the Authority ..., a substantial number of pupils proceed or are likely to proceed to the controlled secondary school for the purpose of continuing their education;

“controlled school” means a grant-aided school under the management of the Authority ;

“controlled integrated school” means a school which has become, or has been established as, a controlled integrated school in accordance with Articles 90 to 92 of the 1989 Order;

Definition rep. by 1989 NI 20

“enactment” has the meaning assigned to it by section 1(b) of the Interpretation Act (Northern Ireland) 1954;

“former local education authority” means a local education authority within the meaning of the enactments repealed by the 1972 Order;

“further education” has the meaning assigned to it by Article 3 of the Further Education (Northern Ireland) Order 1997;

“grammar school” means a secondary school which—

immediately before the coming into operation of Article 128 of the 1989 Order was a school in which fees were charged or could have been charged in respect of pupils admitted to the school, or a school which replaces such a school or schools; or

is established after the coming into operation of that Article and is designated by the Department as a grammar school;

“grant-aided”, when used in relation to a school, institution or establishment, means a school, institution or establishment, as the case may be, to or in respect of which grants are made under the Education Orders , not being a college of education;

“grant‐maintained integrated school” has the meaning assigned to it by Article 65(3) of the 1989 Order;

“independent school” means a school at which full‐time education is provided for pupils of compulsory school age (whether or not such education is also provided for pupils under or over that age), not being a grant‐aided school;

“institution of further education” has the meaning assigned to it by Article 2(2) of the Further Education (Northern Ireland) Order 1997;

“instrument of government of a school” means any statutory provision or any charter, deed, memorandum of association, articles of association or other document constituting the school or under which the land used for the school is vested or which otherwise relates to the school or land used for the school;

Definition rep. by 1989 NI 20

“junior pupil” means a child who has not attained the age of eleven years and six months;

“maintained school” means a voluntary school other than a grammar school . . . ;

“managers” means—

in relation to a controlled school, the Authority ...;

in relation to a voluntary school or a grant‐maintained integrated school, the Board of Governors of the school;

in relation to an independent school, the proprietor of the school;

in relation to an institution of further education, the governing body of that institution;

in relation to a college of education, the person or body responsible for its management;

“medical officer” means a registered medical practitioner employed or engaged whether regularly or for the purposes of any particular case by or by direction of the Department of Health and Social Services;

“modifications” includes additions, alterations and omissions;

“newspaper” in Articles 95 to 97 includes any newsagency which as part of its regular business sells or otherwise supplies for reward reports or information to newspapers and any organisation which as part of its regular business collects news for sound or television broadcasts or for programmes to be included in a programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service;

“nursery school” means a primary school which is used mainly for the purpose of providing full‐time or part‐time education for children who have attained the age of 2 years but are under compulsory school age;

“officer”, in relation to the Authority , includes a servant but does not include a teacher;

“parent” shall be construed subject to paragraphs (2D) to (2F);

Definition rep. by 1997 NI 15

“peripatetic teacher” has the meaning assigned to it by Article 65(2)(a);

Definition rep. by 1997 NI 15

“premises”, in relation to a school, includes any detached playing fields but does not include a teacher's or caretaker's residence;

“prescribed” means prescribed by regulations;

“primary education” means—

full‐time education suitable to the requirements of junior pupils of compulsory school age; and

full‐time or part‐time education suitable to the requirements of junior pupils under compulsory school age;

“primary school” means either a grant-aided school which provides only primary education or a grant-aided school which provides both primary and secondary education and is recognised by the Department as a primary school;

“proprietor”, in relation to a school, means the person responsible for the management of the school and, for the purposes of the provisions of this Order relating to applications for the registration of independent schools, includes any person proposing to be so responsible;

“provisionally registered school” means an independent school registered in the register of independent schools, the registration of which is provisional only;

“pupil”, when used without qualification, means a person of any age for whom education is provided under the Education Orders ;

“registered pupil”, in relation to a school, means a pupil registered as such in the register kept in accordance with the requirements of this Order but does not include any child who has been withdrawn from the school in the prescribed manner;

“registered school” means an independent school registered in the register of independent schools the registration of which is final;

“regulations” means regulations made by the Department;

“scheme of management” has the meaning assigned to it by Article 9A(1);

“school” means an institution for providing primary or secondary education or both primary and secondary education, being a grant-aided school or an independent school; and, when used without qualification, means either or both such schools as the context may require;

“secondary education” means full-time education suitable to the requirements of senior pupils . . . other than such full-time education provided for senior pupils over compulsory school age at an institution of further education ;

“secondary school” means either a grant-aided school which provides only secondary education or a grant-aided school which provides both primary and secondary education and is recognised by the Department as a secondary school;

“senior pupil” means a person who has attained the age of eleven years and six months but has not attained the age of nineteen years;

“special educational needs”, “special educational provision” and “special school” have the meanings assigned by Article 3 of the Education (Northern Ireland) Order 1996;

“statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954;

Definition rep. by 1993 NI 12

Definition rep. by 1997 NI 15

“ the Authority ” means the Education Authority;

“the Department” means the Department of Education;

“the Education Orders” means—

this Order;

the 1989 Order;

the Education and Libraries (Northern Ireland) Order 1993;

the Education (Northern Ireland) Order 1996;

the Education (Northern Ireland) Order 1997;

the Further Education (Northern Ireland) Order 1997;

the Education (Northern Ireland) Order 1998;

the Colleges of Education (Northern Ireland) Order 2005;

the Education and Libraries (Northern Ireland) Order 2003;

the Education (Northern Ireland) Order 2006.

“the funding departments” has the meaning given by section 6(1) of the Education Act (Northern Ireland) 2014;

“the 1972 Order” means the Education and Libraries (Northern Ireland) Order 1972;

“the 1989 Order” means the Education Reform (Northern Ireland) Order 1989;

“transferors” means—

any trustees or other persons by whom a school has been transferred to a former education authority under the Education Act (Northern Ireland) 1923, to a former local education authority under the Education Act (Northern Ireland) 1947 or to the Department under the 1972 Order or this Order and includes trustees appointed in place of such trustees and the representatives or successors of such persons; or

the Department, where a school is placed under the management of the Authority under Article 17(6);

“transferred provision” has the meaning assigned to it by section 1(g) of the Interpretation Act (Northern Ireland) 1954;

“trust deed” includes any instrument regulating the trusts or management of a school;

“trustees”, in relation to a voluntary or grant‐maintained integrated school or college of education, means the person or persons in whom the premises of the school or college of education are, or are to be, vested;

“voluntary school” means a grant-aided school other than a controlled school or a grant‐maintained integrated school ;

“young person” means a person over compulsory school age who has not attained the age of eighteen years.

Paras. (2A)‐(2C) rep. by 1997 NI 15

(2A) In the Education Orders references to pupils “at” or “attending” a grant-aided school include references to pupils who are not registered pupils at the school but are pupils to whom secondary education is provided at the school in pursuance of arrangements under Article 21 of the Education (Northern Ireland) Order 2006

(2D) In the Education Orders “parent”, in relation to a child or young person, includes any person—

(a) who is not a parent of his but who has parental responsibility for him, or

(b) who has care of him,

except for the purposes of the provisions specified in paragraph (2E) where it only includes such a person if he is an individual.

(2E) The provisions referred to in paragraph (2D) are—

(a) Article 13 and Schedules 4 to 8;

(b) Articles 69, 70 and 126 of, and Schedule 5 to, the 1989 Order.

(2F) For the purposes of paragraph (2D)—

(a) “parental responsibility” has the same meaning as in the Children (Northern Ireland) Order 1995; and

(b) in determining whether an individual has care of a child or young person any absence of the child or young person at a hospital or boarding school and any other temporary absence shall be disregarded.

(2G) In the Education Orders references to—

(a) an approved contract;

(b) the contractor, in relation to an approved contract;

(c) the relevant authority, in relation to an approved contract; and

(d) the costs of the relevant authority on foot of an approved contract,

shall be construed in accordance with Article 25 of the Education (Northern Ireland) Order 1997.

(2H) References in the Education Orders to the staff of or at a school or to persons employed at, in or about a school do not include references to persons employed by the contractor for the purposes of an approved contract.

(3) For the purposes of section 42(3) of the Northern Ireland Constitution Act 1973 (validity of Orders in Council under section 1(3) of the Northern Ireland (Temporary Provisions) Act 1972) provisions of this Order which re-enact provisions of an Order in Council under the said section 1(3) shall be deemed to be provisions of such an Order.

Section 3 Education and library boards

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Section 4 Committees

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Section 5 Stages and purposes of statutory system of education

(1) The statutory system of public education shall be organised in three stages, namely—

(a) primary education;

(b) secondary education; and

(c) further education.

(2) It shall be the duty of the Authority (so far as its powers extend) to contribute towards the spiritual, moral, cultural, intellectual and physical development of the community by securing that efficient primary education and secondary education are available to meet the needs of the community .

(3) The Further Education (Northern Ireland) Order 1997 confers functions with respect to further education.

Section 6 Duty of boards to secure provision of primary and secondary education

(1) Subject to paragraph (2), the Authority shall secure that there are available ... sufficient schools for providing primary and secondary education and the schools available ... shall not be deemed to be sufficient unless they are sufficient in number, character and equipment to afford for all pupils opportunity for education offering such variety of instruction and training as may be desirable in view of their different ages, abilities and aptitudes, and of the different periods for which they may be expected to remain at school, including practical instruction and training appropriate to their respective needs and, without prejudice to the generality of the foregoing provisions of this Article, the Authority in fulfilling its duties under this Article shall in particular have regard to—

(a) the need for securing that special educational provision is made for pupils who have special educational needs;

(b) the expediency of securing the provision of boarding accommodation, either in boarding schools or otherwise, for pupils for whom education as boarders is considered by their parents and by the Authority to be desirable.

(1A) In fulfilling its duty under this Article to secure that there are available ... sufficient schools for providing secondary education the Authority shall have regard to any facilities for full time education which are—

(a) provided for senior pupils in an institution of further education; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Each board may provide nursery schools or nursery classes in other controlled schools; and Article 7 shall apply to any provision made by the Authority under this paragraph.

Para. (3) rep. by 1998 NI 13

Para. (4) rep. by 1996 NI 1

Section 7 Provision, maintenance and management of controlled schools by boards

For the purposes of fulfilling its duties under the Education Orders , the Authority may provide primary, secondary and special schools ... and shall maintain and manage any such school provided by it or transferred to its management ....

Section 8 Duties of boards in relation to certain voluntary schools

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Section 9 Power of boards to assist voluntary grammar schools and direct grant voluntary intermediate schools

(1) A board, with the approval of the Department, may—

(a) give assistance, other than financial assistance, to the trustees or Board of Governors of a voluntary grammar school . . . ; and

(b) give financial assistance to the trustees or Board of Governors of a voluntary grammar school, in relation to which an agreement with the Authority is in force under paragraph 2 of Schedule 6.

(2) A board, with the approval of the Department, may give financial or other assistance to the Board of Governors of a grant‐maintained integrated school on such terms and conditions as may be arranged between the Authority and the Board of Governors of the school.

Section 9A Schemes of management

(1) For every grant‐aided school . . . there shall be a scheme (to be known as a “scheme of management”) providing for—

(a) the membership and procedure of the Board of Governors of the school;

(b) the management of the school, and in particular the functions to be exercised in relation to the school by the Board of Governors, the principal and any other person or body specified in the scheme;

(c) such other matters as are required or authorised by the Education Orders to be included in or regulated by the scheme of management.

(2) The scheme of management for a grant‐aided school may provide for the establishment by the Board of Governors of the school of committees (whether or not including persons who are not members of the Board of Governors) and for—

(a) the membership and procedure of such committees;

(b) the delegation to such committees of such functions of the Board of Governors of the school as may be specied in or determined in accordance with the scheme.

(3) The scheme of management for a grant‐aided school may provide for the delegation to the principal of the school of such functions of the Board of Governors as may be specified in or determined in accordance with the scheme.

(4) The scheme of management for a grant‐aided school shall—

(a) contain no provision which is inconsistent with any provision of the Education Orders or any other statutory provision;

(b) except in so far as any provision of the Education Orders requires or authorises, comply with any instrument of government of the school.

(5) The scheme of management for—

(a) a controlled integrated school, shall be a scheme applying only to that school;

(b) any other controlled school, may be either a scheme applying only to that school or a scheme applying to that school and to other controlled schools, all being schools specified, or of a description specified, in the scheme.

(6) The scheme of management for a Catholic maintained school may be a scheme applying only to that school or a scheme applying to that school and to other Catholic maintained schools, all being schools specified, or of a description specified, in the scheme.

Para. (7) rep. by 1993 NI 12

Section 9B Preparation of schemes of management

(1) It shall be the duty of the Authority to prepare a scheme or schemes of management for controlled schools ...; but before preparing a scheme of management applying to any school the Authority shall consult the Board of Governors of that school.

(2) It shall be the duty of the Authority , after consultation with the managers or trustees of a maintained school (other than a Catholic maintained school) maintained by it, to prepare a scheme of management for the school.

(3) It shall be the duty of the Council for Catholic Maintained Schools to prepare a scheme or schemes of management for Catholic maintained schools; but before preparing a scheme of management applying to any school the Council shall consult the trustees or managers of the school and the Authority ....

(4) It shall be the duty of the Board of Governors of a voluntary school (other than a maintained school) to prepare a scheme of management for the school.

(5) It shall be the duty of the Board of Governors of a grant‐maintained integrated school to prepare a scheme of management for the school.

(6) In preparing a scheme of management under this Article a body or person shall take into account any guidance given by the Department as to the provisions it regards as suitable for inclusion in that scheme.

(7) The Department shall publish any guidance given by it for the purposes of this Article in such manner as it thinks fit.

Section 9C Approval or imposition of scheme of management by Department

(1) Every body or person required by Article 9B to prepare a scheme of management shall, on or before such date as the Department may direct, submit the scheme to the Department for its approval, and in this Article and Article 9D “the submitting authority”, in relation to a scheme, means the body by which or person by whom the scheme is required to be prepared.

(2) In the case of a scheme prepared under paragraph (1) or (3) of Article 9B the submitting authority shall also submit to the Department such information as to the results of consultations under that paragraph as the Department may require.

(3) A scheme of management submitted under paragraph (1) shall not come into operation until it has been approved by the Department or until such date as the Department may, in giving its approval, specify; and the Department may approve such a scheme either without modifications or with such modifications as it thinks fit after consulting the submitting authority.

(4) Where—

(a) a submitting authority fails to submit a scheme to the Department as required by paragraph (1); or

(b) it appears to the Department that a scheme submitted by a submitting authority as required by that paragraph does not accord with any guidance given by it for the purposes of Article 9B and cannot be made to do so merely by modifying it,

the Department may impose a scheme of management making such provision of a description required or authorised to be made by a scheme of management as it considers appropriate.

(5) A scheme of management imposed by the Department by virtue of paragraph (4)—

(a) shall be treated for all purposes as if it had been prepared by the submitting authority and approved by the Department under this Article; and

(b) shall come into operation on such date as may be specified therein.

(6) Before imposing a scheme under paragraph (4) the Department shall consult the submitting authority and—

(a) in the case of a scheme of management applying to a controlled school or controlled schools, the Board of Governors of the school or schools to which the scheme applies;

(b) in the case of a scheme of management applying to a maintained school (other than a Catholic maintained school) the managers or trustees of the school; and

(c) in the case of a scheme of management applying to a Catholic maintained school or schools, the managers or trustees of the school or schools to which the scheme applies and the Authority ....

(7) The Council for Catholic Maintained Schools shall provide the Authority with a copy of the scheme or schemes of management approved under this Article and applying to Catholic maintained schools .

Section 9D Revision of schemes of management

(1) A submitting authority may at any time, and shall if the Department so directs, prepare a revised scheme of management and submit it to the Department for its approval.

(2) Article 9B(6) and (7) shall apply in relation to the preparation of a revised scheme of management as it applies in relation to the preparation of the initial scheme.

(3) A revised scheme of management submitted under paragraph (1) shall not come into operation until it has been approved by the Department or until such date as the Department may, in giving its approval, specify; and the Department may approve such a scheme either without modications or with such modications as it thinks fit after consulting the submitting authority.

Section 10 Management of controlled schools

(1) Subject to paragraph (2), the Authority shall make provision by means of a Board of Governors to be appointed by the Authority for the management of each controlled school ... . . . .

(2) Two or more controlled primary schools, other than controlled integrated primary schools or nursery schools, under the management of the Authority may, if the Authority so determines and the Department approves, be grouped under one Board of Governors.

(3) The scheme of management for a controlled school—

(a) shall, in so far as it relates to the membership of the Board of Governors of the school, comply with the provisions of Schedule 4;

(b) may provide for the carrying out by the Board of Governors in relation to the school of specified functions on behalf of, and in the name of, the Authority .

Para. (4) rep. by 1989 NI 20

(5) A Board of Governors shall, when carrying out specified functions on behalf of, and in the name of, the Authority , be regarded as a committee of the Authority but shall not be so regarded for any other purpose and the functions of a Board of Governors in relation to the appointment of teachers under Schedule 14 or the appointment of other staff under Article 88 shall not be regarded as being carried out on behalf of, or in the name of, the Authority .

Section 11 Management of voluntary schools

(1) Subject to paragraph (3), each voluntary school shall be under the control and management of a Board of Governors.

(2) Subject to paragraph (3), each maintained school shall be under the control and management of a Board of Governors constituted in accordance with the provisions of Part I of Schedule 5 . . . .

(3) Two or more maintained primary schools, other than nursery schools, may be grouped under one Board of Governors where the trustees or Board of Governors of each school so requests and—

(a) in the case of Catholic maintained schools, the Council for Catholic Maintained Schools, with the approval of the Department, so determines; and

(b) in the case of other maintained schools, the Authority , with the approval of the Department, so determines.

(4) Each voluntary grammar school in relation to which an agreement under paragraph 1 of Schedule 6 is in force shall be under the control and management of a Board of Governors constituted in accordance with the provisions of Schedule 6.

(5) Each voluntary grammar school in relation to which no agreement under paragraph 1 of Schedule 6 is in force shall be under the control and management of a Board of Governors constituted in accordance with the provisions of Schedule 7.

Para. (6) rep. by 1996 NI 1

Section 12 Limitation on membership of Boards of Governors

Except with the approval of the Department, no person shall at the same time hold office as a member of more than three Boards of Governors of grant‐aided schools.

Section 13 Miscellaneous provisions relating to Boards of Governors

(1) The proceedings of a Board of Governors of a grant‐aided school shall not be invalidated by any vacancy among its members or by any defect in the appointment, election or nomination of any member.

(2) Without prejudice to the generality of paragraph (1), where members of the Board of Governors of a grant‐aided school are required to be elected or nominated by other persons then if, for whatever reason, such members have not yet been , or cannot be, so elected or nominated the Board of Governors shall notwithstanding such vacancies be regarded as fully constituted.

(3) Nothing in paragraph (1) or (2) affects the operation of any provision relating to the quorum for meetings of a Board of Governors.

(3A) Where, at any grant‐aided school,—

(a) one or more vacancies for parent members are required to be filled by election; and

(b) the number of parents standing for election as parent members is less than the number of vacancies,

the required number of parent members shall be made up by persons appointed by the voting members of the Board of Governors of the school.

(3AA) Where, in relation to a school established in a hospital, the Authority is of the opinion that it is likely to be impracticable for there to be elections of parent members at the school, the required number of parent members may be made up by persons appointed by the voting members of the Board of Governors of the school.

(3B) Where it is reasonably practicable to do so, it shall be the duty of the voting members of the Board of Governors in appointing any person under paragraph (3A) or (3AA) to appoint a person who is the parent of a registered pupil at the school.

(3C) In paragraph (3A) or (3AA) “parent member” means a member of the Board of Governors of a grant‐aided school who but for that paragraph would be required to be elected by parents of registered pupils at the school from amongst the parents of such pupils.

(3D) A person appointed under paragraph (3A) or (3AA) shall for all purposes of the Education Orders except Schedule 8 to the 1989 Order be treated as if he had been duly elected as a member of the Board of Governors by parents of registered pupils at the school.

(3E) In paragraphs (3A) , (3AA) and (3B) “voting members” has the meaning assigned to it by Article 122(3) of the 1989 Order.

(4) An assistant teacher elected as a member of the Board of Governors of one or more than one grant‐aided school shall, on ceasing to be an assistant teacher at the school or one of the schools, cease to hold office as a member of the Board of Governors.

(5) A parent elected as a member of the Board of Governors of one or more than one grant‐aided school shall not by reason only of ceasing to be a parent of a registered pupil at the school or one of the schools cease to hold office as a member of the Board of Governors.

(6) Where the principal of a grant‐aided school is absent or otherwise unavailable, the Board of Governors of the school may invite the vice-principal or other person for the time being performing the duties of the principal to attend a meeting of the Board of Governors; and any person so invited shall be entitled to attend and take part in the meeting but not to vote on any question.

(7) Any question as to the right of any person to be, or to appoint or nominate, a member of the Board of Governors of a grant‐aided school shall be decided by the Department whose decision shall be final.

Section 14 Proposals as to primary and secondary education

(1) Where the Authority proposes—

(a) to establish a new controlled school , other than a controlled integrated school ;

(b) to have an existing school recognised as a controlled school, other than a controlled integrated school;

(c) to discontinue a controlled school;

(d) to make a significant change in the character or size of a controlled school;

(e) to make any other change in a controlled school which would have a significant effect on another grant-aided school,

the Authority shall submit the proposal to the Department.

(2) Where a person other than the Authority proposes—

(a) to establish a new voluntary school;

(b) to have an existing school recognised as a voluntary school;

(c) to discontinue a voluntary school;

(d) to make a significant change in the character or size of a voluntary school;

(e) to make any other change in a voluntary school which would have a significant effect on another grant-aided school,

then—

(i) where the school is, or is proposed to be established or recognised as, a Catholic maintained school, the person making the proposal shall submit it to the Council for Catholic Maintained Schools which, after making such modifications (if any) as may be agreed with the person making the proposal, shall submit the proposal to the Authority ... together with the Council's views thereon;

(ii) in any other case, the person making the proposal shall submit the proposal to the Authority ...,

and the Authority shall submit the proposal to the Department together with its views thereon and, in a case to which head (i) applies, the Council's views thereon.

(3) It shall, where the Department so directs, be the duty of the Authority to submit to the Department a proposal—

(a) to establish a new controlled school , other than a controlled integrated school ;

(b) that a controlled or voluntary school should be discontinued;

(c) that a significant change should be made in the character or size of a controlled or voluntary school.

(4) A proposal under paragraph (1), (2) or (3) shall be in such form and contain such particulars as may be required by the Department.

(5) Before a proposal concerning an existing school is submitted to the Authority under paragraph (2), the person making the proposal shall consult the following persons (or representatives of them)—

(a) the Board of Governors of the school concerned;

(b) the teachers employed at that school; and

(c) the parents of registered pupils at that school.

(5A) Before a proposal concerning an existing school is submitted to the Department by the Authority under paragraph (1) or (3), the Authority shall consult the following persons (or representatives of them)—

(a) the Board of Governors of the school concerned;

(b) the teachers employed at that school; and

(c) the parents of registered pupils at that school.

(5B) Before a proposal concerning any school is submitted to the Department by the Authority under paragraph (1), (2) or (3), the Authority shall consult the trustees and managers (or representatives of them) of any other school which would, in the opinion of the Authority , be affected by the proposal.

(6) A board, after submitting a proposal to the Department under paragraph (1), (2) or (3), shall—

(a) forthwith furnish to the trustees and managers of every school which would, in the opinion of the Authority , be affected by the proposal such particulars of the proposal as are sufficient to show the manner in which the school would be affected;

(b) forthwith publish by advertisement in one or more newspapers circulating in the area affected by the proposal a notice stating the nature of the proposal, that the proposal has been submitted to the Department, that a copy of the proposal can be inspected at a specified place and that objections to the proposal can be made to the Department within two months of the date specified in the advertisement, being the date on which the advertisement first appears;

(c) furnish to any person, on application, a copy of the proposal on payment of such reasonable sum as the Authority may determine.

(7) Subject to Article 15(3), the Department, after considering any objections to a proposal made to it within the time specified in the notice under paragraph (6)(b), may, after making such modification, if any, in the proposal as, after consultation with the Authority or person making the proposal and, in a case to which paragraph (2)(i) applies, the Council for Catholic Maintained Schools , it considers necessary or expedient, approve the proposal and inform the Authority or person accordingly.

(8) In relation to a proposal made under paragraph (3), paragraph (7) shall have effect with the substitution for the references to the person making the proposal of references to the trustees and managers of the school to which the proposal relates.

(9) A proposal under paragraph (1), (2) or (3) shall not be implemented until it has been approved by the Department.

(9A) Subject to paragraph (9B), where a proposal under paragraph (1), (2) or (3) is approved by the Department after 1st April 1987, it shall be the duty of the Authority or person making the proposal to implement the proposal.

(9B) The Department may modify any proposal which is required to be implemented under paragraph (9A), but shall not do so except at the request of the Authority or person making the proposal.

(9C) Where the Department approves under paragraph (9) a proposal submitted to the Authority under paragraph (2)(i) by the Council for Catholic Maintained Schools, it shall be the duty of the Department to make such amendments (if any) to the scheme under Article 141(4) of the 1989 Order as appear to the Department to be necessary or expedient in connection with the implementation of that proposal.

(10) Any dispute as to whether, for the purposes of this Article, a change is a significant change or would have a significant effect on another grant-aided school shall be determined by the Department.

Section 15 Establishment and recognition of grant-aided schools

(1) Where the Department approves a proposal to establish a controlled or voluntary school, the Authority or other person by whom the proposed school is to be established shall, unless the Department otherwise determines, submit to the Department in such form and in such manner as the Department may from time to time direct, specifications and plans for the school premises and the Department, on being satisfied that the school premises will conform to the standards specified . . . under Article 18 with or without such exemption from those standards as the Department may grant under that Article, may approve the specifications and plans.

(2) Where the proposal, specifications and plans for a new school have been approved by the Department, the Authority or persons by whom the proposed school is to be established shall not give effect to the proposal otherwise than in accordance with the specifications and plans as so approved.

(3) The Department shall not approve under Article 14(7) a proposal for the establishment of a new voluntary school or the recognition of an existing school as a voluntary school unless the school is to become a maintained school or unless it is to become a grammar school in relation to which an agreement with the Department under paragraph 1(1) of Schedule 6 is in force ; . . .

(4) Where the Department approves a proposal for the recognition of an existing school as a controlled or voluntary school, the Department may grant such recognition upon such terms and subject to such conditions as it may determine.

Section 16 Discontinuance of grant-aided schools

(1) Subject to paragraph (2), where the trustees of a voluntary school propose to discontinue the school they shall give at least two years notice of their intention to the Department and to the Authority ... but no such notice given without the prior approval of the Department shall be effective if the school premises were built or altered with the aid of a grant from the Department or financial assistance by the Authority or by a board or, before 1st October 1973, by a former local education authority.

(2) Paragraph (1) shall not apply where the Department and the Authority ... agree to dispense with the notice required by that paragraph.

(3) If, during the period of a notice given under paragraph (1) in respect of a voluntary school, the trustees of the school inform the Department that they are unable or unwilling to carry on the school until the expiration of the notice, the Department may give such directions as to the carrying on of the school and as to the education of the children attending the school as it thinks expedient.

(4) Where a voluntary school is discontinued and—

(a) moneys have been paid in respect of the school under Article 68 of the Education (Northern Ireland) Order 1998 , the trustees shall repay to the Department such sums as are repayable in accordance with the provisions of regulations under that Article ;

Sub‐para. (b) rep. by 1996 NI 1

(c) moneys have been paid in respect of the school under section 10 of the Education Act (Northern Ireland) 1930 or section 106 of the Education Act (Northern Ireland) 1947, the provisions of those sections and of any regulations thereunder relating to the repayment of such moneys shall continue to apply to the school as if those sections had not been repealed.

Section 17 Transfer of voluntary schools

(1) Notwithstanding anything in any instrument of government of a voluntary school, the trustees of the school may, with the consent of the Department given after consultation with the Authority , transfer to the Department the school (which expression in this Article includes any land, equipment or teachers' residences held or used in connection with the school by the trustees or managers of the school) upon such terms as may be agreed by the trustees, the Department and the Authority and the provisions of Schedule 9 shall apply to any such transfer.

(2) The terms on which a school is transferred to the Department under paragraph (1) may contain a provision that in specified circumstances the school should be transferred back to the original transferors or transferred to such other persons as may be specified.

(3) A school transferred under paragraph (1) shall, on the date of the transfer, become a controlled school and the Department shall place it under the management of the Authority and may, subject to the terms on which the school was transferred to the Department, convey to the Authority any estate in land relating to the school and, whether or not it does so, may transfer to the Authority any equipment, furniture or other movable contents of the school transferred to it under paragraph (1).

(4) The trustees of a school transferred under paragraph (1) shall, from the date of the transfer, be absolutely freed and discharged from all responsibility in connection with the school whether under any deed of trust or otherwise.

(5) The existing staff of teachers in a school transferred under paragraph (1) shall from the date of transfer be placed as regards appointment, dismissal and remuneration on terms not less favourable than those applicable to them before the transfer and any question which may arise as to the fulfilment or observance of the provisions or requirements of this paragraph shall be referred to the Department whose decision thereon shall be final.

(6) Where a school is vested in the Department, it may place the school under the management of the Authority but shall not do so without the consent of the managers of the school and where it does so, the Department may convey to the Authority any estate in land relating to the school.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 17A Regulations as to carrying on of grant‐aided schools

(1) The Department may by regulations make provision as to the carrying on of grant‐aided schools.

(2) Without prejudice to the generality of paragraph (1), regulations under that paragraph may include provision—

(a) prescribing the terms and conditions on which a school may remain a grant‐aided school;

(b) with respect to the number and composition of the teaching staff to be provided in grant‐aided schools;

(c) with respect to the duration of the school day , school term and school year at such schools;

(d) with respect to the curriculum and time‐table to be followed in such schools;

(e) enabling the Department to prohibit the use in such schools of any book or the teaching material of which the Department does not approve;

(f) preventing the use of the premises of such schools for such purposes as may be prescribed.

(g) with respect to the keeping, disclosure and transfer of educational records about pupils at such schools and the supply of copies of such records to such persons, and in such circumstances, as may be determined by or under the regulations.

(2A) Regulations made under paragraph (1) by virtue of paragraph (2)(g) may authorise persons who in pursuance of the regulations supply copies of any such records as are there mentioned to charge such fee as they think fit (not exceeding the cost of supply) in respect of each copy so supplied.

(3) Regulations under this Article may enable the Department or a prescribed body or person to authorise such exceptions, grant such approvals and make such determinations for the purposes of the regulations as are specified therein.

Section 18 Standard of school premises

(1) The Department shall issue directions specifying the standards to which premises of grant‐aided schools shall conform.

(2) Subject to paragraph (3), it shall be the duty of—

(a) the Authority in the case of a controlled school;

(b) the Board of Governors of a grant‐maintained integrated school; and

(c) the trustees of a voluntary school,

to secure that the premises of the school conform to the standards specified under this Article for schools of the description to which the school belongs.

(3) Where the Department is satisfied that it would be unreasonable to expect the premises of a particular school to conform to the standards specified under this Article, it may exempt the school premises from conforming with such standards to such extent and for such time as it thinks appropriate.

(4) Directions given under this Article by the Department—

(a) shall be given in writing; and

(b) shall be published by the Department in such manner as it thinks fit.

Section 21 Religious education in controlled and voluntary schools other than nursery and special schools

(1) Subject to the provisions of this Article, religious education shall be given in every grant‐aided school other than a nursery . . . school and the school day in every such school shall also include collective worship whether in one or more than one assembly on the part of the registered pupils at the school.

(2) In a controlled school , other than a controlled integrated school, the religious education required by paragraph (1) shall be undenominational religious education , that is to say, education based upon the Holy Scriptures according to some authoritative version or versions thereof but excluding education as to any tenet distinctive of any particular religious denomination and the collective worship required by paragraph (1) in any such school shall not be distinctive of any particular religious denomination.

(3) Subject to paragraph (3A), in—

(a) a controlled integrated school;

(b) a grant‐maintained integrated school; and

(c) a voluntary school,

the religious education and collective worship required by paragraph (1) shall be under the control of the Board of Governors of the school and that religious education shall be subject to such arrangements for inspection and examination as the Board of Governors thinks fit.

(3A) In a grant-aided school the religious education required by paragraph (1) shall include religious education in accordance with any core syllabus specified under Article 11 of the Education (Northern Ireland) Order 2006.

(4) Religious education and collective worship required by paragraph (1) shall be so arranged that—

(a) the school shall be open to pupils of all religious denominations for education other than religious education ;

(b) no pupil shall be excluded directly or indirectly from the other advantages which the school affords.

(5) If the parent of any pupil requests that the pupil should be wholly or partly excused from attendance at religious education or collective worship or from both, then, until the request is withdrawn, the pupil shall be excused from such attendance in accordance with the request.

(6) No payment from public funds in respect of a pupil shall be varied by reason of his attendance or non-attendance at religious education or collective worship.

(7) Ministers of religion and other suitable persons, including teachers of the school, to whom the parents do not object shall, subject to paragraph (8), be granted reasonable access at convenient times to pupils in any grant‐aided school other than a nursery . . . school for the purpose of giving religious education , whether as to tenets distinctive of a particular religious denomination or otherwise, or of inspecting and examining the religious education given in the school and education given by virtue of this paragraph may be in addition to that provided under paragraph (1).

(8) Paragraph (7) shall not, without the consent of the managers of the school, apply to a voluntary school in existence immediately before 1st October 1973 which was not at that date required to give such access as is referred to in that paragraph and where a pupil has been wholly or partly excused from attendance at religious education in any voluntary school to which such access is not granted, such pupil may be withdrawn from the school during such periods as are reasonably necessary for the purpose of enabling him to receive religious education of which his parents approve.

(9) The Department shall make such regulations as it considers necessary for securing that the provisions of this Article relating to religious education are complied with in all grant‐aided schools other than nursery . . . schools, and in particular such regulations may contain provisions with respect to—

(a) the times during which any religious observance may be practised or any religious education may be given;

(b) the times during which pupils may be withdrawn from the school so that they may receive religious education in accordance with the provisions of paragraph (8);

(c) the making of arrangements for religious education in schools;

(d) the amount of time which may be allotted in the time-tables of schools to religious education .

Section 22 Duties of teachers in controlled schools as to collective worship and religious instruction

(1) Subject to the provisions of this Article, the teachers in every controlled school other than a controlled integrated school or a nursery . . . school, if so requested by the Authority ..., shall conduct or attend collective worship in the school and give undenominational religious education in the school but a teacher in a controlled school shall not be required to give religious education other than undenominational religious education .

(2) A teacher who has, under paragraph (1), been required to conduct or attend collective worship or give undenominational religious education , may make a request to the Board of Governors of the school in which he is serving to be wholly or partly excused from conducting or attending such worship or giving such education or both from conducting and attending such worship and giving such education and at the same time furnish to the Board of Governors for submission to the Authority ... a statutory declaration that his request to be so excused is made solely on grounds of conscience.

(3) Where a teacher makes a request under paragraph (2) and furnishes the statutory declaration required by that paragraph, the teacher shall, until the request is withdrawn, be excused in accordance with the request and whilst he is so excused shall not receive less emoluments or be deprived of, or disqualified for, any promotion or other advantage by reason of the fact that he does not conduct or attend collective worship or give undenominational religious education .

(4) Where the Authority is wholly or partly unable to arrange that the teachers in a school conduct the collective worship or give the undenominational religious education which it is required to provide in the school in accordance with the provisions of Article 21, the Authority may, for the purpose of fulfilling its obligations under that Article, advertise for and appoint a teacher to conduct such collective worship or give such religious education .

Section 23 Religious instruction not to be inspected, but complaints to be investigated, by Department

Para. (1) rep. by 1989 NI 20

Para. (2) rep. by 1993 NI 12

Section 37 Provision of facilities for recreational, social, physical, cultural and youth service activities

(1) Each board shall secure the provision ... of adequate facilities for recreational, social, physical, cultural and youth service activities and for services ancillary to education and for that purpose may, with the approval of the Department, either alone or together with ... any other person—

(a) establish, maintain and manage any such facilities;

(b) organise any such activities;

(c) assist, by financial contributions or otherwise, any person to establish, maintain and manage any such facilities or to organise any such activities;

(d) provide, or assist by financial contribution or otherwise in the provision of, leaders for such activities; and

(e) defray or contribute towards the expenses of any persons taking part in any such activities.

(2) A board shall, in carrying out its functions under paragraph (1), have regard to the facilities provided by ... other persons.

(3) A board may from time to time make bye-laws for all or any of the following purposes—

(a) for regulating the use and management of any lands or buildings provided by it for any of the purposes mentioned in paragraph (1);

(b) for regulating the days and times of, and charges for, admission to such lands or buildings;

(c) for the preservation of order and prevention of nuisances in such lands and buildings;

and such bye-laws may authorise persons employed by the Authority to enforce the bye-laws and to take all steps and do all acts and things necessary for that purpose and, in particular authorise such persons or members of the Royal Ulster Constabulary after due warning to remove or exclude from any place with respect to which any such bye-laws are for the time being in force a person who commits, or who is reasonably suspected of committing, in that place an offence against any such bye-law or against section 4 of the Vagrancy Act 1824.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 38 Registration of independent schools

(1) The Department shall keep a register of all independent schools which register shall be open to public inspection at all reasonable times and the Department shall, subject to paragraphs (2) and (3), register therein any independent school the proprietor of which makes application for the purpose in the prescribed manner and furnishes the prescribed particulars.

(2) An independent school shall not be registered if, by virtue of an order made under this Part—

(a) the proprietor is disqualified from being the proprietor of an independent school; or

(b) the school premises are disqualified from being used as a school; or

(c) the school premises are used or proposed to be used for any purpose for which they are disqualified by virtue of any such order.

(3) The registration of an independent school shall be provisional only until the Department, after the school has been inspected on its behalf under the provisions of this Order, gives notice to the proprietor that the registration is final.

(4) The Department may make regulations prescribing the particulars to be furnished by the proprietors of independent schools and such regulations may provide for the notification to the Department of any changes in the particulars so furnished and as to the circumstances in which the Department may delete the name of any school from the register in the event of its being unable to obtain sufficient particulars thereof.

(5) Any person who—

(a) conducts an independent school, whether established before or after the coming into force of this Article, which is not registered or provisionally registered under paragraph (1); or

(b) being the proprietor of an independent school does any thing calculated to lead to the belief that the school is so registered whilst it is provisionally registered or not registered or that it is so provisionally registered whilst it is not provisionally registered;

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

(6) A person shall not be guilty of an offence under paragraph (5)(a) by reason of conducting a school at any time within the period of one month from the date on which it was first conducted (whether by that person or another) if an application for the registration of the school has been duly made within that period.

Section 39 Complaints

(1) If at any time the Department is satisfied that any registered or provisionally registered school is objectionable upon all or any of the following grounds—

(a) that the school premises or any parts thereof are unsuitable for a school;

(b) that the accommodation provided at the school premises is inadequate or unsuitable having regard to the number, ages and sex of the pupils attending the school;

(c) that efficient and suitable instruction is not being provided at the school having regard to the ages, sex and abilities of the pupils attending thereat;

(d) that the proprietor of the school or any teacher employed therein is not a proper person to be the proprietor of an independent school or to be a teacher in any school, as the case may be;

(e) that there has been a failure, in relation to a child provided with accommodation by the school, to comply with the duty imposed by Article 176 of the Children (Northern Ireland) Order 1995 (welfare of children accommodated in schools);

the Department shall serve upon the proprietor of the school a notice of complaint stating the grounds of complaint together with full particulars of the matters complained of and, unless any such matters are stated in the notice to be in the opinion of the Department irremediable, the notice shall specify the measures necessary in the opinion of the Department to remedy the matters complained of and shall specify the time, not being less than six months after the service of the notice, within which such measures are thereby required to be taken.

(2) If it is alleged by any notice of complaint served under this Article that any person employed as a teacher at the school is not a proper person to be employed in any school, that person shall be named in the notice and the particulars contained in the notice shall specify the grounds of the allegation and a copy of the notice shall be served upon him.

(3) Every notice of complaint served under this Article and every copy of such a notice so served shall limit the time, not being less than one month after the service of the notice or copy, within which an appeal may be made against the notice in accordance with the provisions of Article 40.

Section 40 Appeals against complaints

(1) Any person upon whom a notice of complaint or a copy of such a notice is served under Article 39 may, within the time limited by the notice, appeal therefrom to the Independent Schools Tribunal constituted in accordance with regulations under paragraph (8) .

(2) On any appeal under this Article, the independent schools tribunal shall have power—

(a) to order that the complaint be annulled;

(b) to order that the school in respect of which the notice of complaint was served be struck off the register;

(c) to order that the school be so struck off unless the requirements of the notice, subject to such modifications, if any, as may be specified in the order, are complied with to the satisfaction of the Department before the expiration of such time as may be specified in the order;

(d) if satisfied that the premises alleged by the notice of complaint to be unsuitable for use as a school or any part of such premises are in fact unsuitable for such use, by order to disqualify the premises or part from being so used, or, if satisfied that the accommodation provided at the school premises is inadequate having regard to the number, ages and sex of the pupils attending the school, by order to disqualify the premises from being used as a school for pupils exceeding such number or of such age or sex as may be specified in the order;

(e) if satisfied that any person alleged by the notice of complaint to be a person who is not proper to be the proprietor of an independent school or to be a teacher in any school is in fact such a person, by order to disqualify that person from being the proprietor of any independent school or from being a teacher in any school, as the case may be.

(3) Where a notice of complaint has been served under this Order on the proprietor of any school and no appeal is made by him against the notice within the time limited in that behalf by the notice, the Department shall, subject to paragraph (4), have power to make any order which the independent schools tribunal would have had power to make if an appeal had been made against the notice.

(4) Where it was alleged by a notice of complaint that any person employed as a teacher at a school is not a proper person to be a teacher in any school and that person has, within the time limited in that behalf by the copy of the notice served upon him, appealed to the independent schools tribunal against the notice, the Department shall not, unless the appeal is abandoned or not proceeded with, have power to make an order requiring his dismissal or disqualifying him from being a teacher in any school.

(5) Where, by virtue of an order made by the independent schools tribunal or by the Department, any person is disqualified either from being the proprietor of an independent school or from being a teacher in any school, then, unless the order otherwise directs, that person shall, by virtue of the order, be disqualified both from being the proprietor of an independent school and from being a teacher in any school.

(6) Orders made by the Department under this Article shall not be statutory rules for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(7) Every order of the independent schools tribunal or of the Department made under this Article shall be registered by the Department and shall be open to public inspection at all reasonable times.

(8) The Department shall by regulations provide for the constitution and procedure of the Independent Schools Tribunal, and without prejudice to the generality of the foregoing such regulations—

(a) shall provide for the membership of the tribunal and may provide for disqualifying prescribed persons or descriptions of persons for membership of the tribunal;

(b) may provide that all matters relating to the procedure on appeals which are not specifically regulated by the regulations shall be determined by the tribunal.

(9) The Department may—

(a) pay to members of the Independent Schools Tribunal such remuneration and expenses as it may, with the approval of the Department of Finance and Personnel, determine;

(b) defray the expenses of the tribunal to such amount as the Department may, with the approval of the Department of Finance and Personnel, determine;

(c) provide for the tribunal such staff and accommodation as the tribunal may require.

Section 41 Enforcement

(1) Where an order is made by the Department or by the independent schools tribunal directing that any school be struck off the register, the Department shall as from the date on which the direction takes effect strike the school off the register.

(2) If any person uses any premises for purposes for which they are disqualified by virtue of any order made under Article 40, that person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

(3) If any person acts as the proprietor of an independent school, or accepts or endeavours to obtain employment as a teacher in any school, whilst he is disqualified from so acting or from being so employed by virtue of any such order as aforesaid, he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

(4) No proceedings shall be instituted for an offence against this Part except by or on behalf of the Department.

Section 42 Orders made under other enactments

For the purposes of the foregoing provisions of this Part, a person who is disqualified, by an order made under Part III of the Education Act 1944 or Part V of the Education (Scotland) Act 1980 or any other enactment of the Parliament of the United Kingdom having for the time being the like effect, from being the proprietor of an independent school or from being a teacher in any school, shall be deemed to be so disqualified by virtue of an order made under this Part.

Section 43 Removal of disqualifications

(1) If, on the application of any person, the Department is satisfied that any disqualification imposed by an order made under Article 40 is by reason of any change of circumstances no longer necessary, the Department may by order remove the disqualification.

(2) Any person who is aggrieved by the refusal of the Department to remove a disqualification so imposed may, within such time not being less than one month after the refusal has been communicated to him as shall be stated in the notice of refusal, appeal against the refusal to the independent schools tribunal .

Section 44 Pupils to be educated in accordance with wishes of their parents

In the exercise and performance of all powers and duties conferred or imposed on them by the Education Orders , the Department and boards shall have regard to the general principle that, so far as is compatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure, pupils shall be educated in accordance with the wishes of their parents.

Section 45 Duties of parents to secure full-time education for their children

(1) The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have, either by regular attendance at school or otherwise.

(2) The provisions of Schedule 13 shall apply to the enforcement of the provisions of paragraph (1) and a parent who contravenes the provisions of that Schedule shall be guilty of an offence and liable to the penalties provided by paragraph 4 of that Schedule.

Section 46 Compulsory school age

(1) Subject to the following provisions of this Article, in the Education Orders the expression “compulsory school age” means any age between four years and sixteen years or, in some deferred cases, seventeen years and accordingly a person shall be of compulsory school age if he has attained the age of four years and has not attained the age of sixteen years or, in some deferred cases, seventeen years .

(1A) In this Article, “ deferred case ” means a case in which a person who attains the age of four years on any date occurring in the period beginning on (and including) 1st April in any year and ending on (and including) 1st July in the same year does not begin to receive full-time education until the following year, having attained the age of five years.

(1B) A reference in this Article to a person who attains a specified age on any date occurring in the period beginning on (and including) 1st April in any year and ending on (and including) 1st July in the same year includes—

(a) a reference to a person who would have attained that age on a day in that period were it not for having been born prematurely, and

(b) a reference to a person who was born before the beginning of that period but in whose case the expected week of childbirth was after the end of that period.

(2) Where a person attains the age of four years—

(a) except in a deferred case, on any date occurring in the period beginning on (and including) 1st September in any year and ending on (and including) 1st July in the following year, he shall be deemed not to have attained the lower limit of compulsory school age until 1st August in that following year;

(b) on any date occurring in the period beginning on (and including) 2nd July in any year and ending on (and including) 31st August in the same year, he shall be deemed not to have attained the lower limit of compulsory school age until 1st August in the following year.

(2A) In a deferred case, where a person attains the age of four years on any date occurring in the period beginning on (and including) 1st April in any year and ending on (and including) 1st July in the same year, the person shall be deemed not to have attained the lower limit of compulsory school age until 1st August in the year in which the person attained the age of five years.

(3) Where a person attains the age of sixteen years—

(a) except in a deferred case, on any date occurring in the period beginning on (and including) 1st September in any year and ending on (and including) 1st July in the following year, he shall be deemed not to have attained the upper limit of compulsory school age until, or as the case may be, deemed to have attained that upper limit on 30th June in that following year or a prescribed date ;

(b) on any date occurring in the period beginning on (and including) 2nd July in any year and ending on (and including) 31st August in the same year, he shall be deemed not to have attained the upper limit of compulsory school age until 30th June in the following year or a prescribed date .

(4) In a deferred case, where a person attains the age of sixteen years on any date occurring in the period beginning on (and including) 1st April in any year and ending on (and including) 1st July in the same year, the person shall be deemed not to have attained the upper limit of compulsory school age until or, as the case may be, deemed to have attained that upper limit on 30th June in the following year or on a prescribed date.

(5) In this Article—

“ full-time education ” means full-time education of the kind referred to in Article 45(1);

“ prescribed date ” means such date as the Department may, by order subject to affirmative resolution, prescribe.

Section 46A Commencement of secondary education

(1) Except as provided by paragraph (2), (3) or (4) , a child shall commence secondary education—

(a) where , except in a deferred case, he attains the age of eleven years on a date occurring in the period beginning on (and including) 1st September in any year and ending on (and including) 1st July in the following year, on 1st August in that following year;

(aa) in a deferred case, where the child attains the age of eleven years on a date occurring in the period beginning on (and including) 1st April in any year and ending on (and including) 1st July in the same year, on 1st August in the following year, with the child having attained the age of twelve years;

(b) where he attains that age on a date occurring in the period beginning on (and including) 2nd July in any year and ending on (and including) 31st August in the same year, on 1st August in the following year , with the child having attained the age of twelve years .

(2) A child shall commence secondary education on 1st August next before his normal date of commencement where—

(a) the appropriate Board of Governors is of the opinion that it is in the best interests of the child to commence secondary education on that earlier date; and

(b) the parent of the child agrees with that opinion.

(3) A child shall commence secondary education on 1st August next after his normal date of commencement where—

(a) the appropriate Board of Governors is of the opinion that it is in the best interests of the child to commence secondary education on that later date; and

(b) the parent of the child agrees with that opinion.

(4) A child shall commence secondary education on 1st August next before or after his normal date of commencement where—

(a) the Authority ... so directs; and

(b) at the time the direction is given the child is not a registered pupil at any school.

(5) In forming an opinion for the purposes of paragraph (2) or (3) the Board of Governors of a school shall comply with the guidance issued under paragraph (6) and in particular—

(a) shall take into account such matters or matters of such description as may be specified in such guidance;

(b) shall not take into account such matters or matters of such description as may be so specified; and

(c) shall follow such administrative procedures as may be so specified.

(6) The Department shall issue such guidance as it thinks fit as to the exercise by a Board of Governors of its functions under this Article and such guidance shall in particular—

(a) require the Board of Governors of a school in forming an opinion for the purposes of paragraph (2) or (3) to take into account the advice of the principal of the school (or, in the case of a grammar school providing both primary and secondary education, the teacher in charge of that part of the school in which primary education is provided);

(b) require the Board of Governors of a school in forming an opinion for the purposes of paragraph (3) to take into account the advice of the Authority ;

(c) specify the matters or descriptions of matters which are, or are not, to be taken into account by a Board of Governors in forming an opinion for the purposes of paragraph (2) or (3);

(d) specify the administrative procedures to be followed by a Board of Governors in exercising its functions under this Article; and

(e) prohibit the delegation by the Board of Governors (notwithstanding anything in the scheme of management of the school) of such functions under this Article as are specified in the guidance.

(7) The Department shall issue such guidance as it thinks fit as to—

(a) the exercise by the Authority of its functions under paragraph (4); and

(b) the giving by the Authority of advice for the purposes of paragraph (6)(b).

(8) The Department shall publish the guidance issued by it under paragraphs (6) and (7) in such manner as it thinks fit.

(9) In this Article—

“appropriate Board of Governors”, in relation to a child, means the Board of Governors of the school at which the child is a registered pupil;

“ deferred case ” has the meaning given in Article 46 and paragraph (1B) of that Article applies for the purposes of this Article as it applies for the purposes of that Article;

“normal date of commencement”, in relation to a child, means the date on which, but for any provision made under paragraph (2), (3) or (4), the child would commence secondary education;

...

(10) This Article does not apply in relation to—

(a) children in respect of whom statements are maintained under Article 16 of the Education (Northern Ireland) Order 1996; or

(b) children in independent schools.

Section 47 Presumption as to age

Where in any proceedings under the Education Orders other than a prosecution to which paragraph 4 of Schedule 13 applies, the person by whom the proceedings are brought alleges that any person whose age is material to the proceedings is under, of, or over, any age and satisfies the court that, having used all reasonable diligence to obtain evidence as to the age of that person, he has been unable to do so, then, unless the contrary is proved, the court may presume that person to be under, of, or over the age alleged.

Section 48 Registration of pupils at school

(1) The proprietor of every school shall cause to be kept, in accordance with regulations, a register containing the prescribed particulars with respect to all pupils attending the school (whether they are registered pupils of the school or not) and regulations may—

(a) make provision for enabling the registers so kept to be inspected and extracts taken therefrom for the purposes of the Education Orders by persons duly authorised in that behalf under the regulations; and

(b) require persons by whom registers are so kept to make to the Department and to boards such periodical or other returns as to the contents thereof as may be prescribed.

(2) A person who contravenes the provisions of paragraph (1) or of regulations thereunder shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(3) Regulations may prescribe the procedure by which a child may become a registered pupil at a school and the procedure by which a child may be withdrawn from a school at which he is a registered pupil . . . .

(3A) A child registered as a pupil at a school in any school year may not in that year be registered as a pupil at another school unless he is first withdrawn from the school at which he is registered.

Para. (4) rep. by 1996 NI 1

Section 49 Suspension and expulsion of pupils

(1) Each board shall prepare a scheme specifying the procedure to be followed in relation to the suspension or expulsion of pupils from controlled schools .

(2) The Council for Catholic Maintained Schools shall prepare a scheme specifying the procedure to be followed in relation to the suspension or expulsion of pupils from Catholic maintained schools.

(3) The Board of Governors of—

(a) a voluntary school (other than a Catholic maintained school);

(b) a grant‐maintained integrated school,

shall prepare a scheme specifying the procedure to be followed in relation to the suspension or expulsion of pupils from the school.

(4) A scheme prepared under paragraph (1), (2) or (3) shall provide that a pupil may be expelled from a school only by the expelling authority and shall include provision for such other matters as may be prescribed.

(5) In this Article “the expelling authority” means—

(a) in relation to a pupil in a controlled school, the Authority ...; and

(b) in relation to a pupil in any other grant-aided school, the Board of Governors of the school.

(6) Every board shall make arrangements for enabling—

(a) the parent of a pupil at a grant-aided school ...; or

(b) if the pupil has attained the age of 18 years, the pupil himself,

to appeal against any decision of an expelling authority to expel the pupil from the school.

(7) Any appeal by virtue of paragraph (6) shall be to an appeal tribunal constituted in accordance with regulations under paragraph (10).

(8) On the hearing of an appeal under this Article the appeal tribunal may—

(a) allow the appeal and direct that the pupil be re‐admitted to the school; or

(b) dismiss the appeal.

(9) It shall be the duty of the expelling authority and, in the case of a pupil expelled from a controlled school, the Board of Governors of the school to comply with any direction given under paragraph (8)(a).

(10) The Department shall by regulations provide for the constitution and procedure of appeal tribunals and, without prejudice to the generality of the foregoing, such regulations—

(a) shall provide for an appeal tribunal to consist of a prescribed number of persons selected in the prescribed manner from a panel of persons appointed by the Authority to act as members of appeal tribunals under this Article;

(b) may provide for disqualifying prescribed persons or descriptions of person for membership of an appeal tribunal;

(c) may contain provision requiring an appeal tribunal to hear and determine an appeal within such period as may be specified in, or determined in accordance with, the regulations;

(d) may provide for two or more appeal tribunals to sit at the same time;

(da) may provide for an appeal tribunal in considering an appeal to have regard in particular to any matters specified in the regulations;

(db) may provide for appeal tribunals to sit in private, except in such circumstances as may be specified in, or determined in accordance with, the regulations;

(e) may provide that all matters relating to the procedure on appeals which are not specifically regulated by the regulations shall be determined by the Authority .

(11) An appeal tribunal shall not be regarded as a committee of the Authority .

(12) Article 79(1) shall apply to members of an appeal tribunal ....

Section 50 Provision of awards by boards

Paras. (1), (2) rep. by 1998 NI 14

(3) A board may make such . . . awards as it considers desirable for the purpose of enabling or encouraging persons to take advantage of educational facilities available to them being awards of such amount, to, or in respect of, persons of such description and granted on such conditions as have been approved by the Department.

Section 51 Provision of awards by Department

(1) The Department may make—

(a) awards to, or in respect of, persons in respect of their attendance at—

(i) approved postgraduate courses at universities, colleges or other institutions; or

(ii) other approved courses, being courses which, in the opinion of the Department, are comparable to postgraduate courses; and

(b) such other awards as it considers desirable for the purpose of enabling or encouraging persons to take advantage of educational facilities available to them.

(2) Awards under this Article shall be of such amount, and be made to, or in respect of, such persons on such terms and conditions, as the Department may determine.

Section 52 Provision of transport for, and payment of travelling expenses of, certain pupils

(1) A board shall make such arrangements for the provision of transport and otherwise as it considers necessary or as the Department may direct for the purpose of facilitating—

(a) the attendance of pupils at grant-aided schools; and

(b) the attendance of relevant pupils at institutions of further education;

and any transport provided under such arrangements shall be provided free of charge.

(2) Arrangements made by the Authority under paragraph (1) (other than arrangements made in pursuance of a direction of the Department) shall be subject to the approval of the Department.

(3) A board may, in accordance with arrangements approved by the Department, provide transport for, or pay the whole or part of the reasonable travelling expenses of—

(a) pupils attending grant-aided schools; and

(b) relevant pupils attending institutions of further education,

for whom the Authority is not required to make provision under arrangements made under paragraph (1).

(4) In paragraphs (1) and (3) “relevant pupils” means pupils of a class or description specified by the Department for the purposes of this Article.

(5) Any arrangements under paragraph (3) shall include provision—

(a) for the Authority to make charges (payable by the parents of the pupils concerned) in respect of transport provided under that paragraph; and

(b) as to the cases in which, and the extent to which, such charges are to be remitted by the Authority .

(6) With a view to assisting in the prevention of accidents, the Authority may carry into effect such measures as may be set out in a scheme framed by the Authority and approved by the Department.

Section 53 Provision of board and lodging otherwise than at school

(1) Where the Authority is satisfied with respect to any pupil who has not attained the age of eighteen years ...—

(a) that primary or secondary education suitable to his age, ability and aptitude and to any special educational needs he may have can best be provided for him at a particular grant-aided school; and

(b) that such education cannot be so provided for him unless board and lodging is provided for him otherwise than at that school,

the Authority may provide such board and lodging for him.

(2) In providing board and lodging for a pupil under paragraph (1) the Authority shall, as far as practicable, give effect to the wishes of the parent of the pupil with respect to the religious denomination of the person with whom he is to reside.

(3) Where the Authority provides board and lodging under paragraph (1) for a pupil, the parent of the pupil shall, subject to paragraphs (4) and (5), pay to the Authority the cost to the Authority of providing the board and lodging.

(4) A board may remit the whole or part of the cost payable under paragraph (3).

(5) Paragraph (3) shall not apply where the board and lodging is provided for a pupil to facilitate special educational provision for him.

(6) Any sums payable to the Authority by virtue of paragraph (3) may be recovered summarily by the Authority as a debt due to it.

Section 54 Payment of whole or part of cost of board and lodging otherwise than at school for pupils aged 18 and over

Where the Authority is satisfied with respect to any pupil who has attained the age of eighteen years ...—

(a) that secondary education suitable to his age, ability and aptitude and to any special educational needs he may have can best be provided for him at a particular grant-aided school; and

(b) that such education cannot be so provided for him unless board and lodging is provided for him otherwise than at that school,

the Authority —

(i) shall, in any case where the board and lodging is provided for a pupil to facilitate special educational provision for him, pay the whole of the cost of such board and lodging;

(ii) may, in any other case, pay the whole or part of the cost of such board and lodging.

Section 57 Provision of books and materials and payment of examination fees by boards

Para. (1) rep. by 1989 NI 20

(2) A board may, with the approval of the Department, pay any necessary fees in connection with examinations taken by pupils attending any grant-aided school.

Section 58 Provision of milk, meals and related facilities

(1) A board shall, in accordance with arrangements approved by the Department, provide—

(a) milk, meals or other refreshment for pupils of such description as the Department may determine in attendance at grant-aided schools, other than voluntary grammar schools and grant‐maintained integrated schools ... ;

(b) such facilities as the Department may determine for the consumption of any meals or other refreshment brought to the school by pupils.

Para. (2) rep. by 1997 NI 15

(3) A board may, with the consent of the proprietor of any independent school ..., and on such financial and other terms, if any, as may be agreed between the Authority and the proprietor of the school, make arrangements for securing the provision of milk, meals or other refreshment for pupils in attendance at the school but any such arrangements shall be such as to secure, so far as is practicable, that the expense incurred by the Authority in connection with the provision under the arrangements of any service or article shall not exceed the expense which would have been incurred by it in the provision thereof if the pupil had been a pupil at a grant-aided school.

(4) A board may, in accordance with arrangements approved by the Department, provide milk, meals or other refreshment for persons (including pupils) of such description as the Department may determine not being pupils for whom the Authority is required to make provision under paragraph (1) or may make provision under paragraph ... (3).

(5) The trustees or Board of Governors of a voluntary grammar school and the Board of Governors of a grant-maintained integrated school ... shall, in accordance with arrangements approved by the Department, provide—

(a) milk, meals or other refreshment for pupils of such description as the Department may determine in attendance at the school;

(b) such facilities as the Department may determine for the consumption of any meals or other refreshment brought to the school by pupils.

(6) The trustees or Board of Governors of a voluntary grammar school and the Board of Governors of a grant-maintained integrated school ... may, in accordance with arrangements approved by the Department, provide milk, meals or other refreshment for persons (including pupils) of such description as the Department may determine, not being pupils for whom they are required to make provision under paragraph (5).

(7) A board may assist the trustees or Board of Governors of a voluntary grammar school and the Board of Governors of a grant-maintained integrated school ... in the carrying out of their functions under paragraphs (5) and (6).

(8) Where a school has a delegated budget under Part VII of the Education (Northern Ireland) Order 1998 and an allowance is made for expenditure on, or in connection with, the provision of milk, meals or other refreshment in determining the school's budget share under that Part—

(a) paragraph (1) shall not apply in relation to pupils in attendance at the school; but

(b) paragraphs (5), (6) and (7) and Article 59 (except paragraph (4)) shall apply to the school as those provisions apply to a voluntary grammar school.

Section 59 Provisions supplementary to Article 58

(1) The approval of the Department to any arrangements under paragraph (1), ... (4), (5) or (6) of Article 58 may be granted subject to such conditions for securing the proper and efficient operation of those arrangements as the Department may determine.

(2) A board, the trustees or Board of Governors of a voluntary grammar school and the Board of Governors of a grant-maintained integrated school ... shall in connection with the exercise of any functions under Article 58—

(a) make such charges, if any, or charges calculated on such basis; and

(b) remit the whole or part of such charges in such cases or such circumstances,

as the Department may determine.

(3) The Department may, in such circumstances as it thinks fit, direct—

(a) that paragraph (1) of Article 58 shall not apply to the Authority ;

(b) that paragraph (5) of Article 58 shall not apply to the trustees or Board of Governors of a voluntary grammar school or to the Board of Governors of a grant‐maintained integrated school.

... .

(4) A board, the trustees or Board of Governors of a voluntary grammar school and the Board of Governors of a grant-maintained integrated school ... shall take such steps and provide such premises, equipment, materials and facilities (including transport) as are necessary in connection with the provision of milk, meals or other refreshment in accordance with Article 58.

(5) The trustees and managers of every voluntary school, other than a voluntary grammar school ... , shall afford the Authority all such reasonable facilities at the school, including the use of school buildings and equipment, as are necessary for the proper and efficient operation of any arrangements approved under Article 58.

Section 60 Provision of clothing etc. for pupils attending certain schools or institutions of further education

(1) Subject to a scheme which shall be framed by the Authority and approved by the Department, where it appears to the Authority that a pupil at a grant-aided school , independent school or institution of further education, being a pupil of such description as is specified in the scheme, is unable by reason of the inadequacy or unsuitability of his clothing to take full advantage of the education provided at the school or institution, the Authority shall provide such pupil with or contribute towards the cost of the provision of such clothing as is specified in the scheme and is in the opinion of the Authority necessary to ensure that he is adequately and suitably clad.

(2) A scheme under paragraph (1) shall also, subject to such conditions as are specified in the scheme, authorise the Authority to defray the expenses of such pupils attending the school or institution as are specified in the scheme being expenses which in the opinion of the Authority are necessary to enable those pupils to take part in the activities of the school or institution without hardship to themselves or to their parents.

(3) A board may, in accordance with the provisions of the scheme under paragraph (1), recover from the parent of a pupil the whole or part of the expenditure incurred under the scheme in respect of the pupil provided such recovery can be made without causing hardship to the parent.

(4) A parent who is aggrieved by any action taken by the Authority under a scheme under paragraph (1) may appeal to the Department whose decision shall be final.

(5) A board may lend to pupils without charge articles of clothing suitable for physical education.

Section 61 Facilities for medical and dental inspection, etc.

(1) Trustees and managers of grant-aided schools shall afford reasonable facilities for such inspection, supervision and education as is provided for under paragraph (1) or (1A) of Article 9 of the Health and Personal Social Services (Northern Ireland) Order 1972 .

Para. (2) rep. by 1988 NI 24