The Education Reform (Northern Ireland) Order 1989

• Citation: S.I. 1989/2406 (N.I.)
• Sections: 141

Section 1 Title and commencement

(1) This Order may be cited as the Education Reform (Northern Ireland) Order 1989.

(2) Except as provided by paragraph (3), this Order shall come into operation on the expiration of two months from the date on which it is made.

(3) The following provisions of this Order shall come into operation on such day or days as the Department may by order appoint

Article 5(1)(b), (2), (4) and (5);

Article 6 and Schedule 2;

Article 8(1);

Article 9;

Article 11(1)(b) to (e) and (2);

Articles 18 to 28 and Schedule 3;

Article 34;

Part IV;

Article 54;

Article 56;

Article 57;

Articles 59 to 62;

Article 77(2) to (6);

Article 78;

Articles 102 to 104;

Article 113;

Article 119;

Articles 127 to 138;

Part IX and Schedule 8;

Article 156;

Article 159;

Article 166 and Schedule 9 so far as relating to—

The Commissioner for Complaints Act (Northern Ireland) 1969 ;

The Industrial Relations ( No. 2) (Northern Ireland) Order 1976 ;

The following provisions of the Education and Libraries (Northern Ireland) Order 1986 , namely, the definition of “grammar school” in Article 2(2) and Articles 4, 8(2), 10(5), 11(1), 33, 65, 69, 72, 79(2), 88(6), 103(1) and 116(1);

Article 167 and Schedule 10 so far as relating to—

The Children and Young Persons Act (Northern Ireland) 1968 ;

The following provisions of the Education and Libraries (Northern Ireland) Order 1986, namely, the definition of “intermediate school” in Article 2(2) and Articles 4, 8(1)(b) and (c), 24 to 26, 28, 56(1) and (4) to (6), 57(1), 68, 103(1), 117, Part IX, Schedule 2, paragraph 4 of Schedule 3, Schedule 14 and Schedule 17;

The Education (Northern Ireland) Order 1987 .

(4) An order under paragraph (3) may—

(a) make such transitional provision as appears to the Department to be necessary or expedient in connection with the provisions brought into operation by the order;

(b) include such adaptations of the provisions which it brings into operation, or of any other provision of this Order then in operation, as appears to the Department necessary or expedient for the purpose or in consequence of the operation of any provision of this Order (including in particular, the provisions which the order brings into operation) before the coming into operation of any other provision.

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.

(2) In this Order “the principal Order” means the Education and Libraries (Northern Ireland) Order 1986 .

(3) In any provision of this Order “the appointed day” means the day appointed under Article 1(3) for the coming into operation of that provision.

(4) This Order shall be construed as one with the principal Order and accordingly Article 2(2) of that Order, in so far as it relates to the definition of words or expressions used in that Order and in this Order, shall apply for the purposes of this Order as it applies for the purposes of that Order.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 3 General duty of the Department

It shall be the duty of the Department—

(a) to promote the education of the people of Northern Ireland;

(b) to secure the effective execution by boards and other bodies on which or persons on whom powers are conferred or duties imposed under the Education Orders of the Department's policy in relation to the provision of the education service.

Section 4 Duties with respect to the curriculum

(1) It shall be the duty of the Board of Governors and principal of every grant‐aided school to exercise their functions as respects that school (including, in particular, the functions conferred on them by this Part) with a view to securing that the curriculum for the school satisfies the requirements of this Article.

(2) The curriculum for a grant‐aided school satisfies the requirements of this Article if it is a balanced and broadly based curriculum which—

(a) promotes the spiritual, moral, cultural, intellectual and physical development of pupils at the school and thereby of society; and

(b) prepares such pupils for the opportunities, responsibilities and experiences of adult life.

Section 5 The curriculum

(1) The curriculum for every grant‐aided school shall—

(a) include provision for religious education for all registered pupils at the school; and

(b) in so far as it relates to registered pupils at the school of compulsory school age, meet the requirements of this Article and Article 6.

(2) The curriculum for a grant‐aided school shall include the following areas of study—

(a) English;

(b) Mathematics;

(c) Science and Technology;

(d) the Environment and Society;

(e) Creative and Expressive Studies;

(f) Language Studies, in relation to—

(i) schools which are Irish speaking; and

(ii) the third and fourth key stages in other schools.

(3) For the purposes of this Part the subjects which fall within each area of study listed in column 1 of Schedule 1 are—

(a) the subjects listed against that area of study in column 2 of that Schedule; and

(b) any other cognate subjects which appropriately fall to be taught within that area of study,

and the subjects falling within any area of study by virtue of sub‐paragraph (a) or (b) are referred to in this Part as the contributory subjects within that area of study and the subjects falling within any area of study by virtue of sub‐paragraph (a) are referred to in this Part as the listed contributory subjects within that area of study.

(4) The curriculum for every grant‐aided school shall, in relation to each listed contributory subject which is taught to pupils at the school,—

(a) include such attainment targets and programmes of study as are specified in relation to that subject and those pupils under Article 7(1)(a); and

(b) require that the content of the teaching of that subject is consistent with those programmes of study and with the attainment by those pupils of those attainment targets.

(5) The curriculum for every grant‐aided secondary school shall afford to all pupils in the third and fourth key stages the opportunity to be taught, within the area of study called Language Studies, one of the following listed contributory subjects, namely French, German, Italian or Spanish.

(6) For the purpose of this Part the key stages in relation to a pupil are as follows—

(a) the period beginning with his becoming of compulsory school age and ending at the same time as the school year in which the majority of pupils in his class complete four school years in that key stage;

(b) the period beginning at the same time as the next school year after the end of the first key stage and ending at the same time as the school year in which the majority of pupils in his class complete three school years in that key stage;

(c) the period beginning at the same time as the next school year after the end of the second key stage and ending at the same time as the school year in which the majority of pupils in his class complete three school years in that key stage;

(d) the period beginning at the same time as the next school year after the end of the third key stage and ending at the same time as he ceases to be of compulsory school age.

(6A) In paragraph (6) “class”, in relation to a particular pupil and a particular subject, means the teaching group in which he is regularly taught that subject or, where there are two or more such groups, such one of them as may be designated by the principal of the school.

(7) The Department may by order amend paragraphs (5) and (6) and Schedule 1.

(8) Nothing in paragraph (2)(f) shall be taken to preclude the inclusion of Language Studies as an area of study in the curriculum of a grant‐aided school in relation to the first and second key stages.

(9) In paragraphs (2) to (6) and Article 6—

(a) references to the curriculum for a grant‐aided school are references to that curriculum so far as it relates to registered pupils at the school of compulsory school age; and

(b) references to pupils at such a school are references to registered pupils at the school of compulsory school age.

Section 6 Compulsory contributory subjects and compulsory assessment

(1) The curriculum for every grant‐aided school shall require each pupil at the school to be taught within each area of study the contributory subjects which in accordance with paragraph (2) are compulsory contributory subjects in relation to that pupil.

(2) The compulsory contributory subjects within each area of study specified in column 1 of Schedule 2—

(a) in relation to pupils in key stages 1 and 2, are those specified in column 2 of that Schedule;

(b) in relation to pupils in key stage 3, are those specified in column 3 of that Schedule;

(c) in relation to pupils in key stage 4, are those specified in column 4 of that Schedule .

(3) Subject to paragraph (4), the curriculum for every grant‐aided school shall require each pupil at the school to be assessed in each of his compulsory contributory subjects in accordance with such assessment arrangements as are specified in relation to that subject and that pupil under Article 7(1)(b).

(4) Paragraph (3) does not apply to any compulsory contributory subjects which are within the area of study called Creative and Expressive Studies.

(5) For ease of reference, in Schedule 2 an “(A)” is placed after each entry relating to a compulsory contributory subject in which pupils are required under paragraph (3) to be assessed.

(6) The Department may by order amend Schedule 2 .

Section 7 Attainment targets, programmes of study and assessment arrangements

(1) The Department may by order specify—

(a) in relation to a listed contributory subject—

(i) such attainment targets; and

(ii) such programmes of study,

as it considers appropriate for that subject; and

(b) in relation to a compulsory contributory subject in which pupils are required under Article 6(3) to be assessed, such assessment arrangements as it considers appropriate for that subject.

(2) It shall be the duty of the Department so to exercise the powers conferred by paragraph (1) as—

(a) to set in place as soon as is practicable in relation to key stages 1, 2 and 3

(i) attainment targets and programmes of study in relation to all the compulsory contributory subjects;

(ii) assessment arrangements in relation to all the compulsory contributory subjects in which pupils are required under Article 6(3) to be assessed;

(aa) to set in place as soon as is practicable in relation to key stage 4—

(i) programmes of study in relation to all the compulsory contributory subjects;

(ii) assessment arrangements in relation to all the compulsory contributory subjects in which pupils are required under Article 6(3) to be assessed;

(b) to revise any existing attainment targets, programmes of study or assessment arrangements whenever it considers it necessary or appropriate to do so.

(3) In this Part—

(a) “attainment targets” means the knowledge, skills and understanding which pupils of different abilities and maturities are expected to have by the end of each key stage;

(b) “programmes of study” means the matters, skills and processes which are required to be taught to pupils of different abilities and maturities during each key stage;

(c) “assessment arrangements”

(i) in relation to subjects taught to pupils in key stage 1,2 or 3, means the arrangements for assessing pupils at or near the end of each key stage for the purpose of ascertaining what they have achieved in relation to the attainment targets for that key stage;

(ii) in relation to subjects taught to pupils in key stage 4, means the arrangements for assessing pupils at or near the end of key stage 4 for the purpose of ascertaining what they have achieved in that key stage.

(4) An order made under paragraph (1) may not require—

(a) that any particular period or periods of time should be allocated during any key stage to the teaching of any programme of study or any matter, skill or process forming part of it; or

(b) that provision of any particular kind should be made in school timetables for the periods to be allocated to such teaching during any such stage.

(5) An order under paragraph (1)(a) may, instead of containing the provisions to be made, refer to provisions in a document published as specified in the order and direct that those provisions are to have effect or, as the case may be, are to have effect as amended by the order.

(6) An order under paragraph (1)(b) may, instead of containing the provision to be made, refer to provisions in an approved document and direct that those provisions are to have effect or, as the case may be, are to have effect as amended by the order.

(7) In paragraph (6) “approved document” means a document which has been—

(a) prepared by the Northern Ireland Council for the Curriculum, Examinations and Assessment ( “the Council”);

(b) approved by the Department; and

(c) published by the Council.

(8) It shall be the duty of the Council to send to the Board of Governors of every grant-aided school which appears to the Council to be affected a copy of every document published by it under paragraph (7)(c).

(9) An order under paragraph (1)(b) may impose such duties on the Boards of Governors and principals of grant-aided schools as appear to the Department to be necessary or expedient for the purpose of implementing the assessment arrangements specified by the order.

Section 8 Educational themes

(1) The curriculum for a grant‐aided school shall not, in so far as it relates to pupils of compulsory school age, be taken to satisfy the requirements of Article 4(2) unless it promotes, wholly or mainly through the teaching of the contributory subjects and religious education, the attainment of the objectives of the following educational themes, namely—

(a) Information Technology;

(b) Education for Mutual Understanding;

(c) Cultural Heritage;

(d) Health Education;

(e) in relation to the third and fourth key stages, Economic Awareness;

(f) in relation to the third and fourth key stages, Careers Education.

(2) The Department may by order specify in relation to each educational theme mentioned in paragraph (1) such objectives as it considers appropriate for that educational theme.

(3) It shall be the duty of the Department so to exercise the powers conferred by paragraph (2) as—

(a) to set objectives in place as soon as is practicable in relation to each of the educational themes mentioned in paragraph (1); and

(b) to revise any existing objectives whenever it considers it necessary or expedient to do so.

(4) Paragraphs (4) and (5) of Article 7 shall apply to an order under paragraph (2) as they apply to an order under paragraph (1)(a) of that Article.

(5) The Department may by order amend the list of educational themes in paragraph (1).

Section 10 Determination of curriculum policy and of curriculum

(1) The scheme of management for every grant‐aided school shall provide for it to be the duty of the Board of Governors—

(a) to determine, and keep under review, its policy in relation to the curriculum for the school; and

(b) to make, and keep up to date, a written statement of that policy.

(2) The policy determined by a Board of Governors under paragraph (1)(a) in relation to the curriculum for a school shall be compatible with—

(a) any programme of study specified under Article 7(1)(a) which forms part of that curriculum;

(b) any syllabus for a course which forms part of that curriculum and leads to an examination for a qualification approved under Article 81 of the Education (Northern Ireland) Order 1998 ; and

(c) the statutory provisions relating to education (including, in particular, those relating to children with special educational needs).

(3) In discharging its duty under paragraph (1), a Board of Governors shall consider, in particular—

(a) the range of the curriculum; and

(b) the balance between, and coherence of, its different components.

(4) The scheme of management for every grant‐aided school shall provide for it to be the duty of the Board of Governors—

(a) when determining or reviewing its policy in relation to the curriculum for the school—

(i) to take account of the findings of any inspection of the school under Article 102 of the principal Order;

(ii) to consider any representations made to it regarding the curriculum by the relevant board, the Council for Catholic Maintained Schools (where the school is a Catholic maintained school) and any other body or person connected with the community served by the school;

(b) to consult the principal of the school before making or varying any statement under paragraph (1)(b).

(5) The scheme of management for every grant‐aided school shall provide for the principal to be allocated such functions as will, subject to the resources available, enable him to determine and organise the curriculum and secure that it is followed within the school.

(6) In discharging his duties in relation to the curriculum for a school the principal shall ensure that the curriculum is compatible with the policy of the Board of Governors as expressed in its statement under paragraph (1)(b).

(7) In carrying out its functions under the Education Orders or any other statutory provision in relation to a school under its management, a Board of Governors shall have regard to its policy in relation to the curriculum for the school, as expressed in its statement under paragraph (1)(b).

(8) The Board of Governors of a grant‐aided school shall furnish the relevant board and, if the school is a Catholic maintained school, the Council for Catholic Maintained Schools with a copy of every statement made by it under paragraph (1)(b).

(9) In paragraph (8) “relevant board” in relation to a school means—

(a) in the case of a controlled school, the board responsible for the management of the school;

(b) in the case of a maintained school, the board by which the school is maintained;

(c) in the case of any other grant‐aided school, the board for the area in which the school is situated.

Section 11 Duties with respect to requirements of this Part

(1) In relation to any grant‐aided school and any school year, it shall be the duty of the Board of Governors to exercise its functions with a view to securing and the duty of the principal to secure—

(a) that religious education is given in accordance with the provision for such education included in the school's curriculum by virtue of Article 5(1)(a);

(b) that the listed contributory subjects within each area of study are taught as required by the school's curriculum as subsisting at the beginning of that year;

(c) that the compulsory contributory subjects within each area of study are assessed as required by Article 6(3);

Sub-para. (d) rep. by 1998 NI 13

(e) where the school is a secondary school, that Article 5(5) is not contravened.

(2) In relation to any grant‐aided school and any time before the coming into operation as respects any pupils at the school of an order under Article 7(1)(a) specifying attainment targets and programmes of study in relation to a particular compulsory contributory subject and those pupils, it shall be the duty of the Board of Governors to exercise its functions with a view to securing and the duty of the principal to secure that that subject is taught to those pupils for a reasonable time.

(3) It shall be the duty of—

(a) the Department and the boards in relation to all grant‐aided schools;

(b) the Council for Catholic Maintained Schools in relation to Catholic maintained schools,

to exercise their functions with a view to ensuring that the Boards of Governors and principals of grant‐aided schools are in a position to fulfil their duties under this Part.

Section 12 Religious education

(1) The religious education for which provision is required by Article 5(1)(a) to be included in the curriculum for any particular grant-aided school shall be religious education of the kind required by such of the provisions of Article 21 of the 1986 Order as apply in the case of that school.

(2) In Articles 21 and 22 of the principal Order for the word “instruction” wherever it occurs there shall be substituted the word “ education ” .

Section 13 Core syllabus for religious education

(1) Subject to paragraph (4), the Department may by order specify a core syllabus for the teaching of religious education in grant‐aided schools, that is to say a syllabus which—

(a) sets out certain core matters, skills and processes which are to be included in the teaching of religious education to pupils in such schools, but does not prevent or restrict the inclusion of any other matter, skill or process in that teaching; and

(b) is such that the teaching in a controlled school (other than a controlled integrated school) of any of the matters, skills or processes set out in that syllabus would not contravene Article 21(2) of the principal Order.

(2) In Article 21 of the principal Order after paragraph (3) there shall be inserted—

(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 13(1) of the 1989 Order.

Para. (3) rep. by 1996 NI 1

(4) The Department shall not specify a core syllabus under paragraph (1) unless a draft of that syllabus—

(a) was prepared by a group of persons ( “the drafting group”) appearing to the Department to be persons having an interest in the teaching of religious education in grant‐aided schools;

(b) was published, in accordance with directions given by the Department, together with a notice inviting representations to be made before a specified date not being less than four weeks from the date of publication;

(c) was revised, if necessary, by the drafting group, after considering all representations made in accordance with the notice mentioned in sub‐paragraph (b); and

(d) was submitted to the Department by the drafting group together with—

(i) a report by that group on the nature of representations made in accordance with the notice mentioned in sub‐paragraph (b) and on the extent to which, and the manner in which, account has been taken of those representations in the draft submitted to the Department; and

(ii) any other information which the Department may request.

(5) Paragraphs (1) and (4) apply with appropriate modifications to amendments to, or a revision of, an existing core syllabus.

(6) Paragraph (5) of Article 7 shall apply to an order under paragraph (1) as it applies to an order under paragraph (1)(a) of Article 7.

Section 14 Development work and experiments

(1) For the purpose of enabling development work or experiments to be carried out, the Department may direct as respects a particular grant‐aided school that, for such period as may be specified in the direction, Articles 5, 6 and 8—

(a) shall apply with such modifications as may be so specified; or

(b) shall not apply.

(2) A direction under paragraph (1) may apply either generally or in such cases as may be specified in the direction.

(3) A direction shall not be given under paragraph (1) in relation to a school except on the application of—

(a) the Board of Governors of the school;

(b) the Northern Ireland Council for the Curriculum, Examinations and Assessment , with the agreement of the Board of Governors of the school; or

(c) the relevant board, with the agreement of the Board of Governors of the school.

(4) Before giving a direction under paragraph (1) on an application mentioned in paragraph (3)(a) or (b), the Department shall consult the relevant board.

(5) In paragraphs (3) and (4) “relevant board” has the meaning assigned to it by Article 10(9).

(6) The Department may make it a condition of a direction under paragraph (1) that any body by which or with whose agreement the request for the direction was made should, when so directed or at specified intervals, report to the Department on any matters specified by the Department.

Section 15 Exceptions by regulations

The Department may by regulations provide that Articles 5, 6 and 8—

(a) shall apply with such modifications as may be specified in the regulations; or

(b) shall not apply;

in such cases or circumstances as may be so specified.

Section 16 Pupils with statements of special educational needs

The special educational provision for any pupil specified in a statement under Article 16 of the Education (Northern Ireland) Order 1996 of his special educational needs may include provision—

(a) applying Articles 5, 6 and 8 with such modifications as may be specified in the statement; or

(b) excluding the application of those Articles.

Section 17 Temporary exceptions for individual pupils

(1) The Department may make regulations enabling the principal of any grant‐aided school, in such cases or circumstances and subject to such conditions as may be prescribed—

(a) to direct as respects a registered pupil at the school that, for such period as may be specified in the direction (the “operative period” of the direction), Articles 5, 6 and 8—

(i) shall apply with such modifications as may be so specified; or

(ii) shall not apply; and

(b) to revoke any direction given by him under the regulations and to vary any such direction except so as to extend its operative period.

(2) The conditions prescribed by the regulations shall, in particular, limit the period that may be specified in any direction given under the regulations to a maximum period specified in the regulations; and any maximum period specified in the regulations in relation to directions given under the regulations or in relation to directions so given in any circumstances so specified—

(a) shall be either—

(i) a fixed period not exceeding six months; or

(ii) a period determinable (in such manner as may be specified in the regulations) not later than six months from its beginning; and

(b) may differ according to whether or not the direction in question is given in respect of a period beginning immediately after the end of the operative period of a previous direction or within such period after the end of the operative period of a previous direction as may be specified in the regulations.

(3) Where a principal gives a direction under regulations made under this Article in the case of any pupil or varies any direction so given, he shall give the information mentioned in paragraph (4), in such manner as may be prescribed, to the Board of Governors and shall take such steps as may be prescribed to give that information also to a parent of the pupil.

(4) That information is the following—

(a) the fact that he has taken the action in question, its effect and his reasons for taking it;

(b) the provision that is being or is to be made for the pupil's education during the operative period of the direction; and

(c) either—

(i) a description of the manner in which he proposes to secure the full application in relation to the pupil after the end of that period of Articles 5, 6 and 8; or

(ii) an indication of his opinion that the pupil has or probably has special educational needs by virtue of which the board would be required to determine the special educational provision that should be made for him (whether initially or on a review of any statement of his special educational needs the board is for the time being required under Article 16 of the Education (Northern Ireland) Order 1996 to maintain).

(5) Where the principal of a grant‐aided school includes such an indication of opinion as is mentioned in paragraph (4)(c)(ii) in information given to the Board of Governors under paragraph (3), he shall also give that information, in such manner as may be prescribed, to the board.

(6) It shall be the duty of a board on receiving information given to the board under paragraph (5) by the principal of any grant‐aided school which includes such an indication of opinion with respect to a pupil, to consider whether any action on its part is required in the case of that pupil under Article 15 of the Education (Northern Ireland) Order 1996 (assessment of special educational needs).

(7) Where the principal of a grant‐aided school—

(a) gives, revokes or varies any direction with respect to a pupil under regulations made under this Article;

(b) refuses to give, revoke or vary such a direction in response to a request made, in such manner and circumstances as may be prescribed, by the parent of a registered pupil at the school; or

(c) fails within such period as may be prescribed following the making of such a request to give, revoke or vary such a direction in accordance with the request,

the parent of the pupil concerned may appeal to the Board of Governors.

(8) On any such appeal the Board of Governors may—

(a) confirm the principal's action; or

(b) direct the principal to take such action authorised by the regulations as it considers appropriate in the circumstances;

and it shall be the duty of the principal to comply with any directions of the Board of Governors under sub‐paragraph (b).

(9) The Board of Governors shall notify the appellant and the principal in writing of its decision on any such appeal.

(10) Before making any regulations under this Article the Department shall consult with any persons with whom consultation appears to be desirable.

Section 29 Curriculum advice and support by boards

(1) Within such time after the coming into operation of this Article as the Department may direct, each board shall prepare and submit to the Department a scheme for the provision to—

(a) all controlled schools under its management;

(b) all maintained schools maintained by it;

(c) all other voluntary or grant‐maintained integrated schools situated in its area,

of advisory and support services in relation to the curricula and staff of such schools.

(2) A scheme under paragraph (1) shall be in such form as the Department may direct and, without prejudice to the generality of paragraph (1), shall contain provision—

(a) requiring the board, in accordance with a programme prepared under Article 149, to secure the provision of further training for teachers (whether or not employed on the staff of a particular school);

(b) empowering the board to pay to persons undergoing the training referred to in sub‐paragraph (a) travelling and other allowances at such rate or of such amount and subject to such conditions as the board may determine;

(c) enabling the board to provide teaching and training materials for use in schools or by persons undergoing the training referred to in sub‐paragraph (a);

(d) enabling services, training and materials mentioned in the scheme to be provided by the board itself or through the agency of another board, person or body;

(e) requiring such services, training and materials to be provided free of charge;

(f) requiring the board to secure the agreement of the Board of Governors of a school to the entry into that school for the purposes of the scheme of any persons employed by the board.

(3) Before preparing a scheme under paragraph (1), a board shall consult—

(a) the Board of Governors of every school mentioned in that paragraph; and

(b) such other persons as the board considers appropriate.

(4) The Department may request a board to furnish such information in connection with any scheme submitted to the Department under this Article as the Department may require, including information as to the results of consultations under paragraph (3).

(5) The Department may, after making such modifications, if any, in the scheme as after consultation with the board it considers necessary or expedient, approve any scheme submitted to it under this Article.

(6) It shall be the duty of a board to give effect to the provisions of any scheme which has been approved by the Department under this Article.

(7) Where—

(a) a board fails to submit a scheme to the Department under this Article by the date, or in the form, directed by the Department; or

(b) the Department refuses to approve a scheme submitted to it under this Article,

the Department may, after consultation with the board and such other persons as the Department thinks fit, make a scheme which shall be treated for the purposes of paragraphs (6) and (8) as if it had been made by the board and approved by the Department under this Article.

(8) A board may at any time, and shall if the Department so directs, prepare and submit to the Department a revised scheme or an amendment to an existing scheme and paragraphs (3) to (6) shall apply in relation to any such revised scheme or amendment as they apply in relation to the scheme.

Section 31 Provision of information

(1) The Department may make regulations requiring each board to make available, either generally or to prescribed persons, such information relevant for the purposes of this Part as may be prescribed.

(2) The Department may make regulations requiring the Board of Governors or the principal of each grant‐aided school to make available either generally or to prescribed persons—

(a) such information relating to—

(i) the curriculum of the school;

(ii) the educational provision made by the school for pupils at the school and any syllabuses to be followed by those pupils; and

(iii) the educational achievements of pupils at the school (including the results of any assessments of those pupils for the purpose of ascertaining those achievements); and

(iv) any other matter relevant for the purposes of this Part,

as may be prescribed;

(b) such copies of—

(i) any written statement made by the Board of Governors under Article 10(1)(b); and

(ii) any report prepared by the Board of Governors under Article 125,

as may be prescribed.

(3) Regulations under paragraph (1) or (2) may—

(a) provide for information and documents to be made available in pursuance of the regulations in such form and manner and at such times as may be prescribed;

(b) authorise boards, Boards of Governors and principals to make a charge (not exceeding the cost of supply) for any documents supplied by them in pursuance of the regulations.

(4) Before making any regulations under paragraph (1) or (2) the Department shall consult the boards, the Council for Catholic Maintained Schools, the Boards of Governors and principals of a sample of affected schools and any other person with whom consultation appears to it to be desirable.

(4A) In paragraph (4) “a sample of affected schools” means a number of grant-aided schools selected by the Department as being a representative sample of all such schools affected by the regulations.

(5) Regulations under this Article shall not require information as to the results of an individual pupil's assessment to be made available to any persons or bodies other than—

(a) the pupil concerned and his parents;

(b) the Board of Governors of the school attended by the pupil concerned;

(c) the Board of Governors of any other school to which that pupil applies for admission; or

(d) a body or person prescribed by the regulations,

and shall not require such information to be made available to any body or person mentioned in sub‐paragraphs (b) to (d) except—

in the case of information to which paragraph (6) applies, where the Department so directs;

in any other case, where necessary for the purposes of the performance by that body or person of any functions under the Education Orders.

(6) This paragraph applies to information as to the results of—

(a) any assessment of a pupil at a special school; or

(b) any assessment of a pupil in any subject at or near the end of a key stage, if at any time during that key stage any provision has been made under Article 14, 15, 16 or 17 in relation to that pupil excluding or modifying the application of Article 5 or 6 in relation to that subject.

(7) References in this Article to an assessment of a pupil are references to an assessment whether made under this Part or otherwise.

Section 32 Keeping, disclosure and transfer of educational records

In Article 17A of the principal Order—

(a) in paragraph (2) after sub‐paragraph (f) there shall be added—

(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.

(b) after paragraph (2) there shall be inserted—

(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.

Section 33 Complaints

(1) Every board shall, in accordance with regulations under paragraph (3), appoint a tribunal (in this Article referred to as a complaints tribunal) to hear and determine any complaint made on or after the coming into operation of this Article which is to the effect that the board or the Board of Governors of a relevant school—

(a) has acted or is proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed on it by or under—

(i) this Part;

(ii) Articles 148 and 149 (in the case of a board only); . . .

(iii) any other statutory provision relating to the curriculum for grant‐aided schools; or

(iv) any statutory provision relating to collective worship in grant-aided schools; or

(v) Article 46A of the principal Order;

(b) has failed to discharge any such duty.

(2) For the purposes of any complaint under paragraph (1)(a)(v), a board or Board of Governors shall not be taken to have acted or to be proposing to act unreasonably if it has complied, or is proposing to comply, with the guidance issued under Article 46A(6) (in the case of a Board of Governors) or (7) (in the case of a board) of the principal Order.

(3) The Department shall by regulations provide for the constitution and procedure of a complaints 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 person for membership of the tribunal;

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

(ab) may provide for the tribunal in considering a complaint to have regard in particular to any matters specified in the regulations;

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

(b) may provide that all matters relating to the procedure on the hearing or determination of any complaint which are not specifically regulated by the regulations shall be determined by the board.

(4) On determining any complaint made to it under this Article a complaints tribunal shall send notice of its determination and of the reasons for that determination to—

(a) the person by whom or body by which the complaint was made ( “the complainant”);

(b) the board or Board of Governors in respect of which the complaint was made ( “the respondent”).

(5) Where—

(a) a complaints tribunal upholds a complaint in whole or in part; and

(b) it appears to the complaints tribunal that any matter which was the subject of the complaint (so far as upheld) should be remedied,

the tribunal may include in a notice given under paragraph (4) a requirement for the respondent to take such steps as may be specified in the notice within such time as may be so specified for the purpose of remedying that matter.

(6) Where it appears to a complaints tribunal that a respondent has not, within the time specified in a notice under paragraph (4), taken the steps so specified or otherwise remedied the matter mentioned in paragraph (5)(b), it may refer that matter to the Department together with a copy of the notice under paragraph (4).

(7) Where any matter is referred to the Department under paragraph (6) it shall—

(a) consider the matter after consulting the complaints tribunal, the complainant and the respondent; and

(b) where it considers it appropriate, give such directions under Article 101 of the principal Order as appear to the Department to be expedient for the purpose of remedying the matter.

(8) The Department shall not entertain under Article 101(4) of the principal Order any complaint falling within paragraph (1) unless a complaint concerning the same matter has been made to, and heard and determined by, a complaints tribunal under this Article.

(9) A complaints tribunal shall not be regarded as a committee of the board.

(10) Article 79(1) of the principal Order shall apply to members of a complaints tribunal in like manner as it applies to members of a board.

(11) In this Article “relevant school” in relation to a board means—

(a) a controlled school managed by the board;

(b) a maintained school maintained by the board;

(c) any other voluntary or grant‐maintained integrated school situated in the area of the board.

Section 34 Extension of Articles 9 and 11(1)(d) to senior pupils

Paras. (1)(2) rep. by 1998 NI 13

(3) The Department may make regulations requiring, in relation to every institution of further education, . . . the governing body or the principal to make available either generally or to prescribed persons, in such form and at such times as may be prescribed, such information relating to—

(a) the external qualifications (within the meaning of Article 81 of the Education (Northern Ireland) Order 1998) for which courses of study are to be provided by or on behalf of the institution concerned for students under the age of 19 who are in full time attendance at the institution;

(b) the courses of study leading to such qualifications which are to be so provided;

(c) the syllabuses which have been provided or determined for the purposes of those courses; and

(d) the results of the assessments of such students for the purposes of those qualifications,

as may be prescribed.

Para.(4) rep. by 1998 NI 13

(5) Regulations under paragraph (3) shall not require information as to the results of an individual student's assessment for the purposes of any qualification to be made available to any persons or bodies other than—

(a) the student concerned and his parents;

(b) the governing body of the institution attended by the student concerned; or

(c) a body or person prescribed by the regulations,

and shall not require such information to be made available to any body or person mentioned in sub‐paragraphs (b) and (c) except where necessary for the purposes of the performance by that body or person of any functions under the Education Orders.

(6) Regulations under paragraph (3) may authorise . . . governing bodies and principals to make a charge (not exceeding the cost of supply) for any documents supplied by them in pursuance of the regulations.

Para.(7) rep. by 1998 NI 13

(8) Before making any regulations under paragraph (3) the Department shall consult with—

(a) the governing bodies and principals of all institutions of further education; and

(b) any other persons with whom consultation appears to it to be desirable.

Section 35 Interpretation of Part III

(1) In this Part—

“assess” includes examine and test;

“assessment arrangements”, “attainment targets” and “programmes of study” have the meanings given by Article 7(3);

“key stages” has the meaning given by Article 5(6);

“school year” means a year ending on 31st July.

(2) For the purposes of this Part a school is an Irish speaking school if more than one half of the following subjects, namely—

(a) religious education; and

(b) the subjects, other than English and Irish, which are compulsory contributory subjects in relation to pupils at the school,

are taught (wholly or partly) in Irish, and “school” includes part of a school.

Para.(3) rep. by 1993 NI 12

Para.(4) rep. by 1997 NI 15

(5) In this Part references to the contributory subjects or listed contributory subjects within an area of study shall be construed in accordance with Article 5(3) and references to compulsory contributory subjects shall be construed in accordance with Article 6(1) and (2).

(6) Nothing in this Part, except—

(a) Article 29;

Sub-para. (aa) rep. by 1998 NI 13

(b) Article 30;

(c) Article 31(1) to (4) with the omission of the words in brackets in Article 31(2)(a)(iii) and of Article 31(2)(b)(i);

(d) Article 32; and

(e) Article 33, in so far as it applies for the purposes of those provisions,

shall apply in relation to a nursery school or a nursery class in a primary school.

(6A) Nothing in this Part, except Articles 29, 30 and 32 and Article 33 in so far as it applies for the purposes of those Articles, shall apply in relation to a school established in a hospital.

(7) Directions given by the Department under this Part shall be given in writing.

Section 60 Grants to voluntary grammar schools

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 61 Financial statements in respect of voluntary grammar schools

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 64 General functions of Department and boards in relation to integrated education

(1) It shall be the duty of the Department to encourage, facilitate and support the development of integrated education ... and to provide support for integrated education .

(1A) In considering what steps it should take for the purposes of its duty under subsection (1) to encourage , facilitate and support the development of integrated education, the Department must in particular take account of any representations made under section 3 of the Integrated Education (Northern Ireland) Act 2022 (consultation) which relate to that duty

(2) The Department may, subject to such conditions as it thinks fit, pay grants to any body appearing to the Department to have as an objective the encouragement or promotion of integrated education.

(3) It shall be the duty of the Authority to provide free of charge to any person seeking it advice and information about—

(a) the procedures for acquisition by a school of controlled integrated status;

(b) the implications for a school of the acquisition of that status.

Section 65 Duty of Department to maintain grant-maintained integrated schools

(1) Subject to this Chapter, it shall be the duty of the Department to maintain any school under the control and management of a Board of Governors incorporated under this Chapter.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A school to which the Department's duty under this Article for the time being applies shall be known as a grant-maintained integrated school.

Section 66 Management of grant‐maintained integrated schools

(1) Each grant‐maintained integrated school shall be under the control and management of a Board of Governors constituted in accordance with the provisions of Schedule 5.

(2) The scheme of management for a grant‐maintained integrated school shall require the Board of Governors to use its best endeavours, in exercising its functions under the Education Orders, to ensure that the management, control and ethos of the school are such as are likely to ensure the provision of integrated education .

Section 67 Powers of Board of Governors

(1) Subject to the provisions of this Article and to any provision of the scheme of management for the school, section 19 of the Interpretation Act (Northern Ireland) 1954 shall apply to the Board of Governors of a grant‐maintained integrated school.

(2) Subject as aforesaid, the Board of Governors of such a school shall have power to do anything which appears to it to be necessary or expedient for the purpose of or in connection with the management and control of the school, including in particular power to assume the management and control, as from the incorporation date in relation to the school, of the school as constituted immediately before that date, to manage and control the school as a school of the same category (that is to say primary, grammar or secondary, other than grammar) as the school immediately before it became a grant‐maintained integrated school, and for those purposes to receive any property, rights and liabilities transferred to it under Article 75.

(3) The power of the Board of Governors under section 19(1)(a)(iv) of the Interpretation Act (Northern Ireland) 1954—

(a) does not include power to grant any mortgage, charge or other security in respect of any land; and

(b) in so far as it relates to the disposal of land, may only be exercised with the written consent of the Department.

(4) The Board of Governors of a grant‐maintained integrated school shall have power to pay its members such travelling, subsistence and other allowances as may be determined by the Board of Governors and approved by the Department.

(5) The application of the seal of the Board of Governors of a grant‐maintained integrated school shall be authenticated by the signature of the chairman of the Board of Governors or of some other member authorised either generally or specially by the Board of Governors to act for that purpose together with that of any other member.

Section 68 Schools eligible for grant‐maintained integrated status

(1) Subject to paragraphs (2) to (4), any controlled, voluntary or independent school is for the purposes of this Chapter eligible for grant‐maintained integrated status.

(2) The following are not eligible for grant‐maintained integrated status, namely—

Sub-para. (a) rep. by 1998 NI 13

(b) a special school;

Sub-para. (c) rep. by 1993 NI 12

(d) a school established in a hospital.

(3) A controlled or voluntary school is not eligible for grant‐maintained integrated status if a proposal to discontinue the school has been approved by the Department under Article 14(7) of the principal Order.

(4) A voluntary school is not eligible for grant‐maintained integrated status if notice of the trustees' intention to discontinue the school has been given under Article 16(1) of the principal Order and has not been withdrawn.

Section 69 Initiation of procedure for acquisition of grant‐maintained integrated status by existing school

(1) Subject to paragraph (5), in the case of any controlled or voluntary school which is eligible for grant‐maintained integrated status, a ballot of parents on the question of whether grant‐maintained integrated status should be sought for the school shall be held in accordance with Article 70 if either—

(a) the Board of Governors decides by a resolution passed at a meeting of that Board to hold such a ballot; or

(b) the Board of Governors receives a written request to hold such a ballot which meets the requirements of paragraph (2).

(2) Those requirements are that the request must be signed, or otherwise endorsed in such manner as the Department may approve, by a number of parents of registered pupils at the school equal to at least twenty per cent. of the number of registered pupils at the school on the date on which the request is received.

Para. (3) rep. by 1996 NI 1

(4) Subject to paragraph (5), on the passing of a resolution under paragraph (1)(a) or (as the case may be) on receipt of any such request as is mentioned in paragraph (1)(b) it shall be the duty of the Board of Governors—

(a) to secure that a ballot is held in accordance with Article 70 not earlier than twenty‐eight days and not later than three months or such longer period as the Department may approve after the date on which the . . . resolution was passed or the request was received; and

(b) to give notice in writing that such a ballot is to be held to—

(i) the Authority ;

(ii) if the school is a voluntary school, the trustees of the school;

(iii) if the school is a Catholic maintained school, the Council for Catholic Maintained Schools.

(5) Paragraphs (1) and (4) shall not apply if in the case of the school in question a ballot has been held in accordance with Article 70 earlier in the same school year as that in which the resolution under paragraph (1)(a) is passed or (as the case may be) the request is received, unless the Department gives consent in writing for a new ballot to be held.

(6) A request such as is mentioned in paragraph (1)(b) shall be taken as having been received by a Board of Governors if given or sent to the chairman or secretary of the Board.

(7) Subject to paragraph (8), it shall be the duty of the Board of Governors of any controlled or voluntary school which is eligible for grant‐maintained integrated status, at the request of any parent of a registered pupil at the school, to make available to the parent for inspection (at all reasonable times and free of charge) at the school, and to supply the parent with a copy of, a list containing the name and address of every person who is known to the Board of Governors to be such a parent if the request is made—

(a) in connection with any proposal that a ballot should be held in accordance with Article 70; or

(b) where the Board of Governors is under a duty by virtue of this Article or Article 70(8) to secure that such a ballot is held, in connection with the holding of the ballot.

(8) A Board of Governors shall not disclose to a parent under paragraph (7) the name and address of any person unless that person has consented in writing to the disclosure of that information; and accordingly the name and address of any person who has not so consented shall be excluded from the list mentioned in that paragraph.

(9) A Board of Governors which in pursuance of paragraph (7) supplies copies of the list there mentioned may charge such fee as it thinks fit (not exceeding the cost of supply) in respect of each copy so supplied.

(10) For the purposes of this Article, it shall be for the Board of Governors to determine any question whether a person is a parent of a registered pupil at the school.

Section 70 Ballot of parents

(1) Where the Board of Governors of any school is under a duty by virtue of Article 69 to secure that a ballot is held in accordance with this Article, it shall secure that all necessary arrangements for the ballot are made by such body as may be prescribed ( “the prescribed body”).

(2) The arrangements shall provide for a secret postal ballot.

(3) It shall be the duty of the Board of Governors to secure that the prescribed body takes such steps as are reasonably practicable to secure that every person who is eligible to vote in the ballot is—

(a) given such information about the procedure for and consequences of acquisition of grant‐maintained integrated status for a school as may reasonably be expected to enable him to form a proper judgment as to whether or not such status should be sought for the school, including, in particular, the information mentioned in paragraph (4);

(b) informed that he is entitled to vote in the ballot; and

(c) given an opportunity to do so.

(4) The information referred to in paragraph (3)(a) is—

(a) a general explanation of the provisions of this Part relating to—

(i) the procedure for acquisition of grant‐maintained integrated status for a school;

(ii) the constitution and powers of the Board of Governors of such a school; and

(iii) the conduct and funding of such a school;

(b) the date that will be included in any proposal for acquisition of grant‐maintained integrated status submitted in respect of the school under Article 71(1) if the result of the ballot is in favour of seeking grant‐maintained integrated status as the proposed date of implementation of the proposal;

(c) such other information as the Department may direct.

(5) Where the Board of Governors of any school is under a duty by virtue of Article 69 to secure that a ballot is held in accordance with this Article, it shall make available to every person employed to work at the school for inspection (at all reasonable times and free of charge) at the school a document containing the information required by paragraphs (3)(a) and (4) to be given to persons eligible to vote in the ballot.

(6) In determining the arrangements it requires to be made by the prescribed body for the purposes of the ballot the Board of Governors shall take into account any guidance given by the Department as to the arrangements it considers appropriate for ballots held in accordance with this Article.

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

(8) Where in the case of any ballot held in respect of a school in accordance with this Article other than one held by virtue of this paragraph ( “the first ballot”) the total number of votes cast in the ballot (disregarding spoiled votes) by persons eligible to vote in the ballot is less than fifty per cent. of the number of persons so eligible, it shall be the duty of the Board of Governors to secure that another ballot ( “the second ballot”) is held before the end of the period of fourteen days beginning with the day on which the total number of votes cast in the first ballot is determined.

(9) In any case to which paragraph (8) applies—

(a) the first ballot shall be disregarded for the purposes of Article 71(1); and

(b) subject to paragraph (10), the provisions of this Article shall apply as they apply in a case where the Board of Governors of a school is under a duty by virtue of Article 69 to secure that a ballot is held in accordance with this Article.

(10) In any such case—

(a) those provisions shall apply with the omission of paragraphs (3)(a) and (4); and

(b) paragraph (5) shall be read as if the information there referred to were the information given for the purposes of the first ballot.

(11) If it appears to the Department—

(a) that any requirements of this Article have been contravened in the case of any ballot held in purported compliance with this Article;

(b) that the arrangements for any ballot so held did not accord with any guidance given by it for the purposes of this Article; or

(c) that the Board of Governors of any school has acted unreasonably in the discharge of its duties under this Article,

it may by notice in writing given to the Board of Governors declare the ballot void and require that a fresh ballot be held in accordance with this Article before such date as it may specify in the notice.

(12) Where a ballot is held in respect of a school in accordance with this Article, the Department may pay, or reimburse the Board of Governors of the school in respect of, the whole or any part of the expenses incurred by the Board of Governors in respect of the ballot.

(13) The making of any payments under paragraph (12) shall be subject to such conditions as the Department thinks fit.

(14) For the purposes of this Article, a person is eligible to vote in any ballot held in respect of a school in accordance with this Article if he is—

(a) known to the Board of Governors to be a parent of a registered pupil at the school; and

(b) named as a parent of such a pupil in the register kept in accordance with Article 48 of the principal Order in the case of the school, as that register has effect on the date immediately following the end of the period of fourteen days beginning with the date on which the relevant resolution or request was passed or received by the Board of Governors.

(15) For the purposes of sub‐paragraph (a) of paragraph (14) it shall be for the Board of Governors to determine any question whether a person is a parent of a registered pupil at the school; and in sub‐paragraph (b) of that paragraph the reference to the relevant resolution or request is a reference to the resolution or request (mentioned in Article 69(4)) by reference to which the ballot is required to be held or, where the ballot is a second ballot under paragraph (8), by reference to which the first ballot was required to be held.

Section 71 Proposals for acquisition of grant‐maintained integrated status

(1) Where in the case of any controlled or voluntary school which is eligible for grant‐maintained integrated status the result of a ballot held in accordance with Article 70 shows a simple majority of votes cast in the ballot by persons eligible to vote in the ballot (within the meaning of that Article) in favour of seeking grant‐maintained integrated status for the school, it shall be the duty of the Board of Governors of the school to submit a proposal for the acquisition of grant‐maintained integrated status for the school to the Authority .

(2) Where—

(a) a person proposes to establish a new grant‐maintained integrated school; or

(b) the proprietor of an independent school proposes to seek grant‐maintained integrated status for the school,

he shall submit the proposal to the Authority .

(3) A proposal under paragraph (1) or (2) shall be in such form and contain such particulars (including the proposed date of implementation) as may be required by the Department and shall be submitted to the Authority —

(a) in the case of a proposal under paragraph (1), within such period as may be so required; and

(b) in the case of a proposal under paragraph (2), not later than the beginning of such period immediately before the proposed date of implementation as the Department may specify.

Para. (4) rep. by 1996 NI 1

(5) A proposal submitted to the Authority under paragraph (1) or (2) may not be withdrawn except with the consent of the Department and subject to such conditions as it may impose (which may, in particular, require a further proposal to be submitted under this Article within such period as it may specify).

(6) The Authority shall, within 21 days of receiving a proposal under paragraph (1) or (2)—

(a) submit the proposal to the Department; and then

(b) publish, by advertisement in one or more newspapers circulating in the area affected by the proposal, a notice stating—

(i) such particulars of the nature of the proposal as may be required by the Department;

(ii) that the proposal has been submitted to the Department;

(iii) that a copy of the proposal can be inspected at a specified place; and

(iv) 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.

(6A) The Authority shall furnish a copy of the proposal to any person, on application and payment of such reasonable sum as the Authority may determine.

(6B) The Authority may, before the expiry of the period specified in the notice under paragraph (6)(b)(iv), submit its views on the proposal to the Department.

(7) Subject to paragraphs (8), (9) and (10), the Department after—

(a) considering any objections to a proposal made to it within the period specified in the notice under paragraph (6)(b)(iv);

(b) considering any views of the Authority submitted to it under paragraph (6B); and

(c) making such modifications, if any, in the proposal as, after consultation with the Board of Governors or person making the proposal, it considers necessary or expedient,

may approve the proposal and inform that Board of Governors or person accordingly.

(8) The Department shall not approve a proposal under this Article in relation to a school unless it appears to the Department that, if the school were to become, or be established as, a grant‐maintained integrated school, the school would be likely to provide integrated education .

(9) The Department shall not approve a proposal under paragraph (1) in relation to a school unless the school was eligible for grant‐maintained integrated status on the date on which the proposal was submitted under that paragraph.

(10) The approval of the Department to a proposal made under paragraph (2) may be granted subject to such conditions as the Department may think fit.

(11) Where the Department rejects any proposal under paragraph (1) in relation to a school, it may require the Board of Governors of the school to submit a further proposal to the Authority under that paragraph within such period as it may direct.

(12) If a proposal under paragraph (1) or (2)(b) in respect of any school is approved by the Department, Schedule 6 shall have effect in relation to the transition of the school to grant‐maintained integrated status.

(13) If a proposal under paragraph (2)(a) is approved by the Department, the Department may by order made at any time on or after the date on which it approves the proposal and before the incorporation date in relation to the school make such provision as it considers appropriate in connection with the establishment of the school as a grant‐maintained integrated school and the constitution of a Board of Governors for the school in accordance with Schedule 5.

Section 72 Incorporation of Board of Governors

If a proposal under paragraph (1) or (2) of Article 71 in respect of any school is approved by the Department, the Board of Governors of the school constituted in accordance with Schedule 5 shall on the proposed date of implementation of the proposal become a body corporate.

Section 73 Effect of pending procedure for acquisition of grant‐maintained integrated status

(1) This Article applies to a controlled or voluntary school during any period when the procedure under this Chapter for acquisition of grant‐maintained integrated status is pending in relation to the school.

(2) For the purposes of this Article that procedure is pending in relation to a school when it has been initiated in relation to the school on any occasion and not terminated (as initiated on that occasion).

(3) For those purposes that procedure is to be regarded as initiated in relation to any school on any occasion on receipt by the Authority , in the case of a controlled school, or the trustees of the school, in the case of a voluntary school, of notice under Article 69(4)(b) .

(4) For those purposes, that procedure, as initiated on any occasion, is to be regarded as terminated if—

(i) the result of the ballot to which the notice under Article 69(4)(b) relates] does not show a majority in favour of seeking grant‐maintained integrated status for the school;

(ii) a proposal for acquisition of such status for the school which is required to be submitted under Article 71 by reference to the result of that ballot, or any proposal required in substitution for that proposal, is rejected by the Department or withdrawn; or

(iii) a Board of Governors is incorporated for the school under Article 72.

(5) Where Article 70(8) applies in the case of any such ballot, the references in paragraph (4) to the result of that ballot shall be read as references to the result of the second ballot required by that paragraph.

(6) The reference in paragraph (4) to a proposal required in substitution for any proposal for acquisition of grant‐maintained integrated status for any school which is required to be submitted under Article 71 by reference to the result of a ballot held in accordance with Article 70 ( “the original proposal”) is a reference to any proposal required to be submitted under paragraph (5) or (11) of Article 71 on withdrawal or (as the case may be) rejection of—

(a) the original proposal; or

(b) any further proposal required to be submitted under either of those paragraphs with respect to the school without a further ballot;

and a proposal under that Article with respect to a school shall not be treated for the purposes of paragraph (4) as rejected in any case where the Department imposes a requirement under paragraph (11) of that Article or as withdrawn in any case where it imposes a requirement under paragraph (5) of that Article.

(7) Except with the consent of the Department, the trustees of a voluntary school to which this Article for the time being applies shall not—

(a) dispose of any property used wholly or partly for the purposes of the school; or

(b) enter into a contract to dispose of any such property.

(8) Paragraph (7) does not apply in relation to a disposal which is made in pursuance of a contract entered into, or an option granted, before the procedure mentioned in paragraph (1) was initiated in relation to the school.

(9) A disposal or contract shall not be invalid or void by reason only that it has been made or entered into in contravention of this Article and a person acquiring property, or entering into a contract to acquire property, from the trustees of a voluntary school shall not be concerned to enquire whether any consent required by this Article has been given.

(10) During any period when this Article applies to a school—

(a) no resolution shall be passed by the Board of Governors under Article 69(1)(a) (as applied by Article 91);

(b) no request shall be made to the Board of Governors under Article 69(1)(b) (as so applied).

Section 74 Proposals for alteration, etc. of schools eligible for grant‐maintained integrated status

(1) Before formulating in respect of any controlled school which is eligible for grant‐maintained integrated status any proposal under Article 14(1)(c), (d) or (e) of the principal Order, the Authority shall consult the Board of Governors of the school.

(2) No proposal shall be submitted under Article 14 of the principal Order in respect of any school in respect of which a proposal for acquisition of grant‐maintained integrated status has been approved.

(3) Paragraph (4) applies in any case where either—

(a) after a proposal for acquisition of grant‐maintained integrated status has been first submitted to the Department under Article 71 in respect of any school which is eligible for grant‐maintained integrated status but before that proposal is withdrawn or determined a proposal in respect of the school is submitted to the Department under Article 14 of the principal Order; or

(b) after a proposal in respect of any such school has been submitted to the Department under Article 14 of the prin‐cipal Order but before that proposal is withdrawn or determined a proposal for acquisition of grant‐maintained integrated status for the school is first submitted to the Department under Article 71.

(4) In any case to which this paragraph applies, the Department shall consider both proposals together but shall not determine the proposal under Article 14 until it has made its determination with respect to the proposal for acquisition of grant‐maintained integrated status.

(5) Where—

(a) a proposal under Article 14(1)(d) or (e), (2)(d) or (e) or (3)(c) of the principal Order with respect to any school has been approved under Article 14(7) of that Order; and

(b) the school becomes a grant‐maintained integrated school before that proposal has been implemented,

that proposal shall be treated for the purposes of this Part as if it had been published and approved under Article 79.

Section 75 Transfer of property, etc. to Board of Governors of grant‐maintained integrated school

(1) Subject to the following provisions of this Article, on the incorporation date in relation to a grant‐maintained integrated school which immediately before that date was a controlled school—

(a) all land or other property which, immediately before that date, was property used or held by the Authority or the Department for the purposes of the school;

(b) all rights and liabilities subsisting immediately before that date which were acquired or incurred by the Authority or the Department for those purposes; and

(c) any property, rights and liabilities of the former Board of Governors of the school,

shall be transferred to, and by virtue of this Order vest in, the Board of Governors of the grant‐maintained integrated school.

(2) Subject to the following provisions of this Article, on the incorporation date in relation to a grant‐maintained integrated school which immediately before that date was a voluntary school—

(a) all land or other property which, immediately before that date, was property held by the trustees of the school for the purposes of the school;

(b) all rights and liabilities subsisting immediately before that date which were acquired or incurred by those trustees for those purposes; and

(c) any property, rights and liabilities of the former Board of Governors of the school,

shall be transferred to, and by virtue of this Order vest in, the Board of Governors of the grant‐maintained integrated school.

(3) Subject to the following provisions of this Article, on the incorporation date in relation to a grant‐maintained integrated school which immediately before that date was an independent school—

(a) all land or other property which immediately before that date was property held by the trustees or the proprietor of the school for the purposes of the school; and

(b) all rights and liabilities subsisting immediately before that date which were acquired or incurred by those trustees or that proprietor for those purposes,

shall be transferred to, and by virtue of this Order vest in, the Board of Governors of the grant‐maintained integrated school.

(4) Paragraphs (1) to (3) shall not apply to rights and liabilities under any contract of employment.

(5) If before the incorporation date in relation to a school mentioned in paragraph (2) or paragraph (3) the Department so directs—

(a) sub‐paragraph (a) of that paragraph shall not apply to land held by the trustees of the school as mentioned in that sub‐paragraph; and

(b) sub‐paragraph (b) of that paragraph shall not apply to rights and liabilities acquired or incurred in relation to or in connection with that land;

and in deciding whether or not to give a direction under this paragraph the Department shall consult the trustees of the school.

(6) Any land or other property transferred to the Board of Governors of a grant‐maintained integrated school under this Article which immediately before the incorporation date was held on trust shall vest in that Board of Governors as trustees on the trusts applicable immediately before that date under any trust deed regulating the use of the land or other property for the purposes of the school.

(7) The Department may by regulations make provision for the payment of compensation by the Department to the trustees of a voluntary school in respect of land or other property held by them immediately before the incorporation date and transferred under paragraph (2) and such regulations may provide—

(a) for the amount of compensation to be such as may be agreed between the Department and the trustees or, in default of agreement, such as may be determined by the Lands Tribunal;

(b) for the amount of compensation to be reduced where grants have been paid by the Department in respect of the land or other property so transferred and for the calculation of any such reduction.

(8) On the incorporation date in relation to a grant‐maintained integrated school which immediately before that date was a controlled school, the duty of the Authority to maintain and manage the school shall be extinguished and the school shall accordingly cease to be a controlled school for the purposes of the Education Orders.

(9) On the incorporation date in relation to a grant‐maintained integrated school which immediately before that date was a voluntary school, the school shall cease to be a voluntary school for the purposes of the Education Orders.

(10) On the incorporation date in relation to a grant‐maintained integrated school which immediately before that date was an independent school, the school shall cease to be an independent school for the purposes of the Education Orders.

(11) For the purposes of this Article any interest in a dwelling house or other residence which, immediately before the incorporation date in relation to a grant‐maintained integrated school, is used or held for occupation by a person employed to work at the school shall be treated as an interest used or held for the purposes of the school.

(12) In this Article “the former Board of Governors” means, in relation to a grant‐maintained integrated school, the Board of Governors of the school immediately before the incorporation date in relation to the school.

Section 76 Transfer of staff to grant‐maintained integrated school

(1) Subject to paragraph (3), this Article applies to any person who—

(a) immediately before the incorporation date in relation to a grant‐maintained integrated school which is then a voluntary school is employed by the Board of Governors of the school; or

(b) immediately before the incorporation date in relation to a grant‐maintained integrated school—

(i) is employed by the Authority or the Council for Catholic Maintained Schools to work solely at the school; or

(ii) is employed by the Authority to work at the school and is designated for the purposes of this Article by an order made by the Department.

(2) A person employed by the Authority in connection with the provision of meals shall not be regarded for the purposes of paragraph (1)(b) as employed to work solely at a school unless the meals are provided solely for consumption by persons at the school.

(3) This Article does not apply to—

(a) any person employed as mentioned in paragraph (1)(a) or (b) whose contract of employment terminates on the day immediately preceding the incorporation date;

(b) any person employed as mentioned in paragraph (1)(b) who before that date has been—

(i) appointed or assigned by the Authority or the Council for Catholic Maintained Schools to work solely at another school as from that date; or

(ii) withdrawn from work at the school with effect as from that date.

(4) A person who before the incorporation date has been appointed or assigned by the Authority or the Council for Catholic Maintained Schools to work at the school as from that date shall be treated for the purposes of this Article as if he had been employed by that body immediately before that date to do such work at the school as he would have been required to do on or after that date under his contract of employment with that body.

(5) References below in this Article to the former employer are references—

(a) in relation to a person to whom this Article applies by virtue of paragraph (1)(a), to the Board of Governors of the school immediately before the incorporation date; and

(b) in relation to a person to whom this Article applies by virtue of paragraph (1)(b), to the Authority or the Council for Catholic Maintained Schools (as the case may be).

(6) The contract of employment between a person to whom this Article applies and the former employer shall have effect from the incorporation date as if originally made between him and the Board of Governors of the grant‐maintained integrated school.

(7) Without prejudice to paragraph (6)—

(a) all the former employer's rights, powers, duties and liabilities under or in connection with a contract to which that paragraph applies shall by virtue of this Article be transferred to the Board of Governors of the grant‐maintained integrated school on the incorporation date; and

(b) anything done before that date by or in relation to the former employer in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to that Board of Governors.

(8) Paragraphs (6) and (7) are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by this Article.

(9) An order under this Article may designate a person either individually or as a member of a class or description of employees.

Section 77 Maintenance grants and capital grants

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Section 78 Financial statements

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Section 79 Significant changes to grant‐maintained integrated schools

(1) Subject to paragraph (2), where the Board of Governors of a grant‐maintained integrated school proposes—

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

(b) to make any other change which would have a significant effect on another grant‐aided school,

it shall submit the proposal to the Authority ... and the Authority shall submit the proposal to the Department together with its views thereon.

(2) Paragraphs (4) to (7), (9), (9A), (9B) and (10) of Article 14 of the principal Order shall apply in relation to a proposal under paragraph (1) as they apply in relation to a proposal under paragraph (2) of that Article; but the Department shall not approve any proposal under Article 14(7) of the principal Order as so applied if in the opinion of the Department the implementation of that proposal would render the school less likely to provide integrated education .

Section 80 Discontinuance by Board of Governors

(1) The Board of Governors of a grant‐maintained integrated school shall not discontinue the school except in accordance with this Article.

(2) Where the Board of Governors of such a school—

(a) decides by a resolution passed at a meeting of that body to discontinue the school; and

(b) confirms that decision by a resolution passed at a subsequent meeting of that body held not less than twenty‐eight days after that at which the first resolution was passed;

it shall, subject to paragraphs (3) and (4), give at least two years' notice of its intention to discontinue the school to the Department and to the Authority ....

(3) No notice given under paragraph (2) 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 a board or, before 1st October 1973, by a former local education authority.

(4) The requirement to give notice under paragraph (2) shall not apply where the Department and the Authority ... agree to dispense with that notice.

(5) If, during the period of a notice given under paragraph (2) in respect of a school, the Board of Governors of the school informs the Department that it is 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.

(6) Where—

(a) the period of a notice given under paragraph (2) has expired; or

(b) the requirement to give that notice has been dispensed with under paragraph (4),

the Board of Governors may submit a proposal to discontinue the school to the Authority ... and the Authority shall submit the proposal to the Department together with its views thereon.

(7) Paragraphs (4) to (7), (9), (9A), (9B) and (10) of Article 14 of the principal Order shall apply in relation to a proposal under paragraph (6) as they apply in relation to a proposal under paragraph (2) of that Article.

Section 81 Withdrawal of grant by Department

(1) The Department may cease to maintain a grant‐maintained integrated school by giving notice of its intention to do so to the Board of Governors of the school under this Article; and on the date specified in any such notice as the date on which the Department intends to cease to maintain the school the Department's duty to maintain the school shall cease.

(2) Subject to the following provisions of this Article—

(a) a notice under this Article may not specify as the date on which the Department intends to cease to maintain such a school a date falling less than two years after the date of the notice; and

(b) before giving such a notice the Department shall consult—

(i) the Board of Governors of the school;

(ii) the Authority for the area in which the school is situated; and

(iii) the Council for Catholic Maintained Schools.

(3) Paragraph (2) shall not apply where the Department is satisfied, in the case of any grant‐maintained integrated school, that the school as currently constituted or conducted is unsuitable to continue as a grant‐maintained integrated school on all or any of the following grounds—

(a) that the number of registered pupils at the school is too small for sufficient and suitable instruction to be provided for them at reasonable cost;

(b) that the Board of Governors has failed for a significant period of time to carry out its duties under Part III;

(c) that the Board of Governors has been guilty of substantial or persistent failure to comply or secure compliance with any other requirement imposed by or under this Order or any other statutory provision;

(d) that the school is not provide integrated education .

(4) In any case within paragraph (3), the Department may give to the Board of Governors of the school a notice stating the grounds on which it considers that the school as currently constituted or conducted is unsuitable to continue as a grant‐maintained integrated school together with full particulars of the matters relevant to each such ground.

(5) Where any of the matters of which particulars are given in a notice under paragraph (4) are stated in the notice to be in the opinion of the Department irremediable, the notice shall also state that the Department intends to cease to maintain the school on a date specified in the notice.

(6) Where paragraph (5) does not apply in the case of any notice under paragraph (4), the notice shall—

(a) state that the Department intends to cease to maintain the school unless the matters of which particulars are given in the notice are remedied;

(b) specify the measures necessary in the opinion of the Department to remedy those matters; and

(c) specify the time, not being less than three months after the date of the notice, within which the Board of Governors is required to take those measures.

(7) Where the Board of Governors of a grant‐maintained integrated school fails to take the measures required by a notice under paragraph (4) within the time specified in the notice or allowed by any previous notice under this paragraph, the Department shall within the period of two months beginning with the date next following the end of that time either—

(a) give notice to the Board of Governors extending the time within which those measures are required to be taken; or

(b) after consulting the Authority for the area in which the school is situated, give notice that it intends to cease to maintain the school on a date specified in the notice.

(8) The Department may by notice given to the Board of Governors—

(a) withdraw any notice under paragraph (1), (4) or (7)(b); or

(b) vary—

(i) any notice under paragraph (1) or (7)(b); or

(ii) any notice under paragraph (4) to which paragraph (5) applies,

by substituting a later date for the date for the time being specified in the notice as the date on which it intends to cease to maintain the school; or

(c) vary any notice under paragraph (4) to which paragraph (6) applies, so far as relates to the measures required by the notice to remedy the matters of which particulars are given in the notice.

(9) If by virtue of paragraph (8)(c) the Department varies any notice under paragraph (4) so as to require different measures to be taken it shall also substitute for the time specified in the notice as the time within which the Board of Governors is required to take the measures specified in the notice as varied a time ending—

(a) not less than three months after the date of the notice of variation; and

(b) where the time so specified has been extended under paragraph (7), not earlier than that time as so extended.

(10) Any variation under paragraph (9) of the time specified in a notice under paragraph (4) is without prejudice to any further extension of that time under paragraph (7).

(11) Any notice under this Article shall be in writing; and references in this Article to the date of any such notice given to a Board of Governors under this Article are references to the date on which it is given to the Board of Governors.

Section 82 Winding up

(1) Where, in the case of any grant‐maintained integrated school, the Department has—

(a) approved a proposal for discontinuance of the school made under Article 80; or

(b) given notice to the Board of Governors of the school under Article 81 specifying a date on which it intends to cease to maintain the school;

the Department may by order make provision for the winding up of the Board of Governors of the school and the disposal of the school property.

(2) An order under this Article may—

(a) set out a timetable for the winding up;

(b) make provision with respect to the exercise of the functions of the Board of Governors in relation to the school, including in particular—

(i) provision requiring the Board of Governors in the exercise of those functions to comply with any directions given by the Department;

(ii) provision authorising any of those functions to be exercised by any member of the Board of Governors specified in the order; and

(iii) provision for the application of the seal of the Board of Governors to be authenticated by the signature of any person so specified;

(c) make provision for conferring or imposing functions on the Board of Governors in relation to the winding up and the management and disposal of the school property;

(d) make any provision authorised by Article 83 for or in connection with the transfer of the school property;

(e) make provision with respect to the discharge of the liabilities of the Board of Governors and the payment of the costs of the winding up;

(f) require the Board of Governors to give to persons employed by it notice terminating their contracts of employment as from a date specified in the order; and

(g) appoint a date on which the Board of Governors is to be dissolved.

(3) Below in this Part—

(a) references to a Board of Governors in liquidation are references to a Board of Governors in respect of which an order has been made under this Article; and

(b) references, in relation to any such Board of Governors or the grant‐maintained integrated school under, or formerly under, the management of any such body, to the dissolution date are references to the date appointed in relation to that Board of Governors by virtue of paragraph (2)(g).

(4) The Department may make grants to a Board of Governors in liquidation for the purpose of—

(a) discharging any liabilities of that Board of Governors;

(b) meeting any costs incurred by that Board of Governors for the purposes of the winding up under this Article.

(5) The Department may impose on a Board of Governors to which any such payment is made such requirements as it may from time to time determine (whether before, at or after the time when the payment in question is made).

(6) The Department shall not by an order under this Article appoint a date on which a Board of Governors in liquidation is to be dissolved unless it is satisfied that—

(a) all liabilities of the Board of Governors (other than any liabilities which fall to be transferred under Article 83(6)) have been discharged;

(b) all costs of the winding up have been met; and

(c) any provision authorised by Article 83 or 84 which is possible and expedient in the circumstances of the case has been made and anything required to be done by the Board of Governors for the purposes of or in connection with any such provision has been done.

(7) In this Part—

(a) references, in relation to a grant‐maintained integrated school under, or formerly under, the management of a Board of Governors in liquidation, to the school property are references to—

(i) the premises used or formerly used for the purposes of the school;

(ii) any interest belonging to the Board of Governors or held by any trustees on trust for the purposes of the school in any dwelling house or other residence used or held or formerly used or held for occupation by a person employed to work at the school; and

(iii) all other equipment and property used or held or formerly used or held for the purposes of the school;

(b) references to a grant‐maintained integrated school formerly under the management of a Board of Governors in liquidation apply in circumstances where the school has been discontinued before the dissolution date and refer to the school as managed immediately before discontinuance (and “formerly” in heads (i) to (iii) of sub‐paragraph (a) applies in the same circumstances and refers to the time immediately before the discontinuance of the school concerned).

Section 83 Transfer of school property

(1) Where a proposal under Article 14 of the principal Order that a new school be established on the premises of a grant-maintained integrated school under the management of a Board of Governors in liquidation has been approved by the Department, then—

(a) if the new school is to be a controlled school, an order under Article 82 may vest the school property, or any part of it, in the Authority ...;

(b) if the new school is to be a voluntary school, an order under Article 82 may vest the school property, or any part of it, in persons specified in the order to be held on trust for the purposes of the new voluntary school.

(2) Where a person proposes to establish a new independent school on the premises of a grant-maintained integrated school under the management of a Board of Governors in liquidation, an order under Article 82 may vest the school property, or any part of it, in that person.

(3) The vesting in the Authority or any other person under paragraph (1) or (2) of—

(a) any of the school property of a grant-maintained integrated school which was a controlled school immediately before it became a grant-maintained integrated school; or

(b) land in respect of which a direction was given under Article 75(5);

shall be subject to the payment by the Authority or that person of such an amount as the Department determines to be a fair consideration for the transfer of the property.

(4) In a case within paragraph (3)(a) the consideration is payable to the Authority ... and in a case within paragraph (3)(b) the consideration is payable to the trustees from whom the land mentioned in that sub-paragraph is transferred.

(5) Where school property is held on trust for the purposes of a grant-maintained integrated school, an order made under Article 82 by virtue of paragraph (1) or (2) may vest the property in the Authority or a person beneficially or on such trusts as appear to the Department to be appropriate.

(6) Where an order is made under Article 82 by virtue of paragraph (1) or (2) that order may provide for the transfer to the Authority or the person to whom any school property is transferred of such of the liabilities of the Board of Governors in liquidation as may be specified in the order.

Section 84 Vesting of surplus assets

(1) Subject to paragraph (2), all school property of a grant-maintained integrated school under, or formerly under, the management of a Board of Governors in liquidation which has not been transferred under an order made under Article 82 shall, by virtue of this paragraph, be transferred to and vest in the Department on the dissolution date.

(2) Where the Department is satisfied as to the whole or any part of any such school property that it ought to be transferred to the Authority or any other person, the Department may by order made before the dissolution date vest that property in the Authority or that person on the dissolution date, either beneficially or to be held on such trusts as the Department may specify.

(3) Without prejudice to the power of the Department under paragraph (2), any transfer of property under this Article shall be free of any trusts on which property is held before the transfer.

(4) Where land in respect of which a direction was given under Article 75(5) is vested in the Department, the Authority or any other person under this Article, there shall be payable by the Department, the Authority or that person (as the case may be) to the trustees from whom the land in question was transferred such an amount as the Department determines to be a fair consideration for the transfer of the property.

(5) Where—

(a) any school premises are vested under paragraph (2) in the Authority ; and

(b) any person subsequently acquires those premises or any part of them from the Authority (whether compulsorily or otherwise),

the Department may require the Authority to pay to it the whole or any part of the consideration or purchase money paid in respect of the acquisition to meet, or contribute towards, the amount of grants paid by the Department under Article 82(4) to the Board of Governors of the school.

Section 85 Provision of benefits and services for pupils by boards

Where—

(a) the Authority is under a duty, or has power, to provide any benefits or services for pupils; and

(b) the duty is to be performed, or the power may be exercised, both in relation to pupils at grant‐maintained integrated schools and in relation to pupils at other grant‐aided schools,

the Authority shall in performing the duty, or exercising the power, treat pupils at grant‐maintained integrated schools no less favourably (whether as to the benefits or services provided or as to the terms on which they are provided) than pupils at other grant‐aided schools.

Section 86 Variation of instrument of government relating to grant‐maintained integrated school

(1) The Department may by order make such modifications of any instrument of government relating to any school as, after consultation with the Board of Governors of the school and the trustees (if any), appear to be requisite—

(a) in consequence of the approval of a proposal for acquisition of grant‐maintained integrated status for the school; or

(b) for removing any inconsistency between the provisions of that instrument and any provisions included or proposed to be included in the scheme of management for the school which it appears to the Department to be expedient to remove in the interests of the school.

(2) Any modification made by an order under this Article may be made to have permanent effect or to have effect for such period as may be specified in the order.

(3) Any provision of any instrument relating to any land held for the purposes of any voluntary school which—

(a) confers on any person an option to acquire an interest in that land; or

(b) provides (in whatever terms) for the determination or forfeiture of any such interest,

in the event of the school's ceasing to be a voluntary school shall, if the school becomes a grant‐maintained integrated school, have effect as if the event referred to were the school's ceasing to be a school which is either a grant‐maintained integrated school or a voluntary school.

Section 87 Interpretation (grant‐maintained integrated schools)

(1) In this Chapter—

(a) references to the proposed date of implementation are references—

(i) in relation to any school in respect of which a proposal for acquisition of grant‐maintained integrated status is required to be submitted under Article 71(1), to the date specified in accordance with Article 70(4)(b) in the information given for the purposes of the originating ballot to persons eligible to vote in that ballot (within the meaning of Article 70); and

(ii) in relation to any school in respect of which a proposal has been submitted under Article 71(1) or (2) , to the date specified in the proposal as the proposed date of implementation;

(b) references, in relation to any school in respect of which such a proposal has been approved, to the proposal are references to the proposal as approved.

(2) In relation to any proposal for acquisition of grant‐maintained integrated status required to be submitted under Article 71(1) in respect of any school, the reference in paragraph (1)(a) to the originating ballot is a reference—

(a) where paragraph (1) of that Article applies, to the ballot by reference to which it applies; and

(b) where the proposal is required to be published by virtue of a requirement imposed by the Department under paragraph (5) or (11) of that Article, to the last ballot held in accordance with Article 70 in relation to the school before that requirement was imposed.

(3) In this Part—

“incorporation date” means, in relation to a grant‐maintained integrated school, the date on which the Board of Governors of the school is incorporated under Article 72;

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Section 88 Management of controlled integrated schools

The scheme of management for a controlled integrated school shall require the Board of Governors to use its best endeavours, in exercising its functions under the Education Orders, to ensure that the management, control and ethos of the school are such as are likely to ensure the provision of integrated education .

Section 89 Constitution of Board of Governors for controlled integrated schools

(1) In Schedule 4 to the principal Order for paragraphs 4 and 5 there shall be substituted the following paragraphs—

Controlled grammar schools (other than controlled integrated grammar schools) and controlled nursery and special schools

4 There shall be 8, 16 or 24 voting members appointed to the Board of Governors of a controlled grammar school (other than a controlled integrated grammar school), a controlled nursery school or a controlled special school and, subject to paragraph 6, of those members— a three‐eighths shall be chosen by the board responsible for the management of the school; b one‐quarter shall be nominated by the Head of the Department; c one‐quarter shall be elected by parents of pupils attending the school from amongst the parents of such pupils; d one‐eighth shall be elected by assistant teachers at the school from amongst such assistant teachers. Controlled integrated schools

(5)

(1) There shall be 14 or 21 voting members appointed to the Board of Governors of a controlled integrated school, other than a controlled integrated school to which sub‐paragraph (3) applies, and, subject to paragraph 6, of those members—

(a) two‐sevenths shall be elected by parents of pupils attending the school from amongst the parents of such pupils;

(b) two‐sevenths shall be chosen by the board responsible for the management of the school;

(c) one‐seventh shall be nominated by the transferors and superseded managers of controlled schools (other than controlled integrated schools) in the area of the board responsible for the management of the school;

(d) one‐seventh shall be nominated by the nominating trustees of Catholic maintained schools in the area of the board responsible for the management of the school;

(e) one‐seventh shall be elected by assistant teachers at the school from amongst such assistant teachers.

(2) Sub‐paragraph (3) applies to—

(a) a controlled integrated grammar school; and

(b) a controlled integrated school which immediately before the date on which it became a controlled integrated school was a voluntary school (other than a Catholic maintained school).

(3) There shall be 14 or 21 voting members appointed to the Board of Governors of a controlled integrated school to which this sub‐paragraph applies and, subject to paragraph 6, of those members—

(a) two‐sevenths shall be elected by parents of pupils attending the school from amongst the parents of such pupils;

(b) two‐sevenths shall be chosen by the board responsible for the management of the school;

(c) two‐sevenths shall be nominated by the Head of the Department;

(d) one‐seventh shall be elected by assistant teachers at the school from amongst such assistant teachers.

(4) It shall be the duty of a board in appointing persons to a Board of Governors under sub‐paragraph (1)(b) or (3)(b) to choose for appointment persons appearing to the board to be committed to the continuing viability of the school as a controlled integrated school and it shall be the duty of the Head of the Department in nominating persons for appointment to a Board of Governors under sub‐paragraph (3)(c) to nominate persons appearing to the Head of the Department to be so committed.

(2) In paragraph 6 of that Schedule—

(a) for sub‐paragraphs (1) to (3) there shall be substituted the following sub‐paragraphs—

(1) Where the board proposes to appoint persons to a Board of Governors under paragraph 2(2)(a), 3(2)(a) or 5(1)(c) or (d) it shall serve on the nominating authorities a notice—

(a) stating the board's intention to appoint such persons; and

(b) requesting the nominating authorities to make nominations to the board within a period of 21 days from the date on which the notice is served;

and where the nominating authorities fail to make any nomination requested by such a notice within that period the board may, subject to sub‐paragraph (2), appoint such persons as it considers to be suitable for appointment.

(2) It shall be the duty of a board in appointing persons to the Board of Governors of a school under sub‐paragraph (1)—

(a) in the case of a controlled integrated school, to choose for appointment persons appearing to the board to be committed to the continuing viability of the school as a controlled integrated school; and

(b) in all cases, so far as possible to choose for appointment persons who are resident in the locality served by the school.

(3) Persons appointed under sub‐paragraph (1) shall be deemed for all purposes of this Schedule to have been duly nominated by the nominating authorities.

(b) in sub‐paragraph (4) for the words “and 5(a) and (e)” there shall be substituted “ , 5(1)(a) and (e) and 5(3)(a) and (d) ” .

(3) In paragraph 7 of that Schedule at the end there shall be added the following definition—

“ nominating authorities ” , in relation to the appointment of any persons to a Board of Governors, means the persons who or bodies which are to nominate persons for the purpose of such appointment.