Education (Northern Ireland) Order 1998

• Citation: S.I. 1998/1759 (N.I.)
• Sections: 121

Section 1 Title and commencement

(1) This Order may be cited as the Education (Northern Ireland) Order 1998.

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

(3) The following provisions come into operation on such day or days as the Department may by order appoint, namely—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) Articles 13 and 16;

(c) Chapter I of PartVI;

(d) Part VII;

(e) Article 81(2), (3) and (6);

(f) Article 88(3) and Schedule 4;

(g) Part II of Schedule 5 and so much of Article 91(1) as relates thereto;

(h) Part II of Schedule 6 and so much of Article 91(2) as relates thereto.

(4) An order under paragraph (3) may make such transitional provisions as appear to the Department to be necessary or expedient in connection with the provisions brought into operation by the order.

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 1986 Order” means the Education and Libraries (Northern Ireland) Order 1986;

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

(3) This Order shall be construed as one with the 1986 Order and the 1989 Order; and accordingly Article 2 of the 1986 Order, in so far as it relates to the interpretation 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.

Section 3 Responsibility of Board of Governors and principal for discipline

(1) The scheme of management for every grant-aided school shall provide for it to be the duty of the Board of Governors to ensure that policies designed to promote good behaviour and discipline on the part of pupils attending the school are pursued at the school.

(2) In particular the scheme of management shall require the Board of Governors—

(a) to make, and from time to time review, a written statement of general principles to which the principal is to have regard in determining any measures under paragraph (3)(a);

(b) before making or revising that statement—

(i) to consult (in such manner as appears to it to be appropriate) the principal and the registered pupils at the school and the parents of those pupils ; and

(ii) to consider any guidance given by the Department, the Authority ... and (in the case of a Catholic maintained school) the Council for Catholic Maintained Schools; and

(c) where it considers it desirable that any particular measures should be determined by the principal under paragraph (3)(a) or that he should have regard to any particular matters—

(i) to notify him of those measures or matters; and

(ii) to give him such guidance as it considers appropriate.

(3) The scheme of management for every grant-aided school shall provide for it to be the duty of the principal—

(a) to determine measures (which may include the making of rules and provision for enforcing them) to be taken with a view to—

(i) promoting, among pupils, self-discipline and proper regard for authority;

(ii) encouraging good behaviour and respect for others on the part of pupils ...;

(iii) securing that the standard of behaviour of pupils is acceptable; and

(iv) otherwise regulating the conduct of pupils;

(aa) before determining such measures, to consult the registered pupils at the school and the parents of those pupils;

(b) in determining such measures—

(i) to act in accordance with the current statement made by the Board of Governors under paragraph (2)(a); and

(ii) to have regard to any notification or guidance given to him under paragraph (2)(c);

(c) to prepare a written statement of such measures and to secure that—

(i) a copy of that statement is given (free of charge) to the parents of all registered pupils at the school; and

(ii) copies of the statement are available for inspection (at all reasonable times and free of charge) at the school.

(4) The scheme of management for every grant-aided school shall provide for the standard of behaviour which is to be regarded as acceptable at the school to be determined by the principal so far as it is not determined by the Board of Governors.

(5) This Article does not apply to a school established in a hospital.

Section 4 Power of member of staff to restrain pupils

(1) A member of the staff of a grant-aided school may use, in relation to any pupil at the school, such force as is reasonable in the circumstances for the purpose of preventing the pupil from doing (or continuing to do) any of the following, namely—

(a) committing any offence;

(b) causing personal injury to, or damage to the property of, any person (including the pupil himself); or

(c) engaging in any behaviour prejudicial to the maintenance of good order and discipline at the school or among any of its pupils, whether that behaviour occurs during a teaching session or otherwise.

(2) Paragraph (1) applies where a member of the staff of a grant-aided school is—

(a) on the premises of the school; or

(b) elsewhere at a time when, as a member of its staff, he has lawful control or charge of the pupil concerned;

but it does not authorise anything to be done in relation to a pupil which constitutes the giving of corporal punishment within the meaning of Article 36 of the Education and Libraries (Northern Ireland) Order 2003 .

(3) Paragraph (1) shall not be taken to prevent any person from relying on any defence available to him otherwise than by virtue of this Article.

(4) In this Article—

“member of the staff”, in relation to a grant-aided school, means any teacher who works at the school and any other person who, with the authority of the principal, has lawful control or charge of pupils at the school;

“offence” includes anything that would be an offence but for the operation of any presumption that a person under a particular age is incapable of committing an offence.

Section 5 Detention of pupil outside school hours

(1) Where a pupil to whom this Article applies is required on disciplinary grounds to spend a period of time in detention at his school after the end of any school session, his detention shall not be rendered unlawful by virtue of the absence of his parent's consent to it if the conditions set out in paragraph (3) are satisfied.

(2) This Article applies to any pupil who—

(a) is a registered pupil at a grant-aided school; and

(b) has not attained the age of 18.

(3) The conditions referred to in paragraph (1) are as follows—

(a) the principal of the school must have previously determined, and have—

(i) generally made known within the school; and

(ii) taken steps to bring to the attention of the parent of every person who is for the time being a pupil there,

that the detention of pupils after the end of a school session is one of the measures that may be taken with a view to regulating the conduct of pupils;

(b) the detention must be imposed by the principal or by another teacher at the school specifically or generally authorised by him for the purpose;

(c) the detention must be reasonable in all the circumstances; and

(d) the pupil's parent must have been given at least 24 hours' notice in writing that the detention was due to take place.

(4) In determining for the purpose of paragraph (3)(c) whether a pupil's detention is reasonable, the following matters in particular shall be taken into account—

(a) whether the detention constitutes a proportionate punishment in the circumstances of the case; and

(b) any special circumstances relevant to its imposition on the pupil which are known to the person imposing it (or of which he ought reasonably to be aware) including in particular—

(i) the pupil's age;

(ii) any special educational needs he may have;

(iii) any religious requirements affecting him; and

(iv) where arrangements have to be made for him to travel from the school to his home, whether suitable alternative arrangements can reasonably be made by his parent.

(5) Without prejudice to section 24 of the Interpretation Act (Northern Ireland) 1954 (which provides for the methods by which documents may be served) notice under this Article may be given to a pupil's parent by any other effective method.

Section 6 Duty of board to prepare plan relating to children with behavioural difficulties

(1) The Authority shall prepare a statement setting out the arrangements made or proposed to be made by the Authority in connection with the education of children with behavioural difficulties.

(2) The arrangements to be covered by the statement include in particular—

(a) the arrangements made or to be made by the Authority for the provision of advice and resources to grant-aided schools ..., and other arrangements made or to be made by the Authority with a view to—

(i) meeting requests by such schools for support and assistance in connection with the promotion of good behaviour and discipline on the part of their pupils; and

(ii) assisting such schools to deal with general behavioural problems and the behavioural difficulties of individual pupils;

(b) the arrangements made or to be made by the Authority in pursuance of Article 86(1); and

(c) any other arrangements made or to be made by the Authority for assisting children with behavioural difficulties to find places at suitable schools.

(3) The statement shall also deal with the interaction between the arrangements referred to in paragraph (2) and those made by the Authority in relation to pupils with behavioural difficulties who have special educational needs.

(4) The Authority —

(a) shall at least once in every year review the statement; and

(b) may at any time revise the statement.

(5) In the course of preparing the statement or reviewing it the Authority shall consult—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the Board of Governors of all grant-aided schools ...;

(c) the Council for Catholic Maintained Schools; and

(d) such other bodies or persons as the Authority considers appropriate.

(6) The Authority shall—

(a) publish the current statement under this Article;

(b) send a copy of the current statement to the Board of Governors of every grant-aided school ...; and

(c) secure that copies of the current statement are available for inspection (at all reasonable times and free of charge) at the headquarters of the Authority .

(7) In discharging its functions under this Article the Authority shall have regard to any guidance given from time to time by the Department.

Section 7 Introductory

(1) In this Chapter—

“baseline assessment” means the assessment of pupils in their first year of compulsory education for the purpose of assisting the future planning of their education and the measurement of their future educational achievements;

“baseline assessment arrangements” means the arrangements specified in an order under Article 9(1);

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

(2) For the purposes of this Chapter the first year of compulsory education of a child is the school year in which he attains the lower limit of compulsory school age.

Section 8 Assessment of pupils in accordance with baseline assessment arrangements

(1) Subject to the following provisions of this Article, all pupils at a primary school who are in their first year of compulsory education must be assessed in accordance with the baseline assessment arrangements.

(2) The assessment must be completed before the end of that first year.

(3) Paragraph (1) does not apply to a pupil if it appears to the principal from a record of a previous assessment under that paragraph that such an assessment has already been carried out in relation to that pupil at another school.

(4) Regulations may enable the principal of a primary school, in such cases or circumstances and subject to such conditions as may be prescribed, to direct—

(a) that paragraph (1) is not to apply to a particular pupil at the school; or

(b) that, for the purposes of the assessment under that paragraph of a particular pupil at the school, the baseline assessment arrangements are to have effect with such modifications as are specified in the direction.

(5) 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 directing—

(a) that paragraph (1) is not to apply to the pupil; or

(b) that, for the purposes of the assessment under that paragraph of that pupil, the baseline assessment arrangements are to have effect with such modifications as are specified in the direction.

(6) Where the principal gives a direction under regulations made under paragraph (4) he shall—

(a) notify the Board of Governors of the matters set out in paragraph (7); and

(b) take such steps as are prescribed to notify the parent of the pupil concerned of those matters.

(7) The matters referred to in paragraph (6) are—

(a) the fact that the principal has given the direction in question and his reasons for doing so;

(b) in the case of a direction under paragraph (4)(b), the effect of the modifications specified in the direction;

(c) whether the direction is to have permanent effect (and, if not, the period for which it is to have effect).

(8) In relation to any primary school, it shall be the duty of—

(a) the Board of Governors to exercise its functions with a view to securing; and

(b) the principal to secure,

that paragraph (1) is complied with.

(9) It shall be the duty of—

(a) the Department and the boards in relation to all primary schools; and

(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 primary schools are in a position to fulfil their duty under paragraph (8).

(10) The Department may by regulations provide that the preceding provisions of this Article—

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

(b) shall not apply,

in such circumstances as may be prescribed.

Section 9 Baseline assessment arrangements

(1) The Department shall by order specify the arrangements for baseline assessment.

(2) An order under paragraph (1) 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.

(3) In paragraph (2) “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.

(4) It shall be the duty of the Council to send to the Board of Governors of every primary school with pupils who are required to be assessed under Article 8 a copy of every document published by it under paragraph (3)(c).

(5) An order under paragraph (1) may impose such duties on—

(a) the Boards of Governors and principals of primary schools; and

(b) the Council,

as appear to the Department to be necessary or expedient for the purpose of implementing the arrangements specified by the order.

Section 10 Assessment arrangements

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Section 11 School performance targets

(1) The Department may by regulations make such provision as it considers appropriate for requiring the Boards of Governors of grant-aided schools to secure that annual targets are set in respect of the performance of pupils at such schools—

(a) in public examinations or in assessments conducted under Article 9 of the Education (Northern Ireland) Order 2006 in key stages 1, 2 and 3, in the case of pupils of compulsory school age; and

(b) in public examinations or in connection with the attainment of other academic or vocational qualifications, in the case of pupils of any age over that age.

(2) Regulations under this Article may require—

(a) such targets; and

(b) the past performance of pupils in the particular examinations or assessments, or in connection with the attainment of the particular qualifications, to which such targets relate,

to be published in such manner as is specified in the regulations.

(3) Before making any regulations under this Article the Department shall consult—

(a) the Authority ;

(b) the Council for Catholic Maintained Schools;

(c) the Board of Governors and principal of a sample of affected schools ; and

(d) any other person with whom consultation appears to it to be desirable.

(3A) In paragraph (3)(c) “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.

(4) This Article does not apply to—

(a) a school established in a hospital; or

(b) a school of such class or description as may be specified in regulations under this Article.

Section 12 Provision of information on individual performance of pupils

(1) The Department may by regulations make provision requiring the Board of Governors of each grant-aided school to provide to the Department such individual performance information relating to pupils or former pupils at the school as may be prescribed.

(2) In this Article “individual performance information” means information about the performance of individual pupils (identified in the prescribed manner)—

(a) in any assessment made under Article 9 of the Education (Northern Ireland) Order 2006;

(b) in any prescribed public examination;

(c) in connection with the attainment of any vocational qualification; or

(d) in any such other assessment or examination, or in connection with the attainment of any such other qualification, as may be prescribed.

(3) The Department may provide any information received by it under paragraph (1)—

(a) to any prescribed body or person;

(b) to any body or person falling within a prescribed category.

(4) Any body or person holding any individual performance information may provide that information to any body to which this paragraph applies; and any body to which this paragraph applies—

(a) may provide any information received by it under this paragraph—

(i) to the Department; or

(ii) to the Board of Governors of the school attended by the pupil or pupils to whom the information relates; and

(b) may, at such times as the Department may determine, provide to any prescribed body such information received by it under this paragraph as may be prescribed.

(5) Paragraph (4) applies to any body which, for the purposes of or in connection with the functions of the Department relating to education, is responsible for collating or checking information relating to the performance of pupils—

(a) in any assessment or examination falling within paragraph (2)(a), (b) or (d); or

(b) in connection with the attainment of any qualification falling within paragraph (2)(c) or (d).

(6) No individual performance information received under this Article shall be published in any form which includes the name of the pupil or pupils to whom it relates.

(7) References in this Article to the attainment of a qualification of any description include references to the completion of any module or part of a course leading to any such qualification.

Section 13 School development plans

(1) The scheme of management for each grant-aided school shall provide for it to be the duty of the Board of Governors of the school to prepare, and from time to time revise, a school development plan.

(2) In preparing or revising a school development plan, the Board of Governors shall—

(a) consult the principal of the school;

(b) consider—

(i) any guidance given by the Department, the Authority ... and (in the case of a Catholic maintained school) the Council for Catholic Maintained Schools; and

(ii) the findings of any inspection of the school under Article 102 of the principal Order.

(3) Regulations shall—

(a) prescribe the matters to be dealt with by a school development plan;

(b) prescribe the period for which a plan is to have effect;

(c) prescribe the manner in which a plan is to be published;

(d) provide for the revision of a plan.

Section 14 Appointment of additional governors for school not providing acceptable standard of education

(1) Where a report made under Article 102 of the 1986 Order (inspections) in relation to a grant-aided school—

(a) states that—

(i) the school is failing to give its pupils an acceptable standard of education; and

(ii) that failure is due (in whole or in part) to the management of the school by the Board of Governors; and

(b) recommends that the power of the Department under this Article should be exercised in relation to the school,

the Department may appoint such number of additional voting members to the Board of Governors of the school as it thinks fit.

(2) Where it appoints any additional voting members to the Board of Governors of a school under this Article, the Department may appoint one of those additional members as chairman of the Board of Governors.

(3) In relation to any appointment made by the Department under this Article to the Board of Governors of a school—

(a) the scheme of management of the school; and

(b) any other instrument of government of the school,

shall have effect as if, notwithstanding anything in Article 10 or 11 of the 1986 Order or Article 66 of the 1989 Order, the scheme and the instrument authorised the Department—

(i) to appoint such number of additional voting members to the Board of Governors as it thinks fit; and

(ii) to appoint one of those additional members as chairman of the Board of Governors.

(4) Before making any appointment under this Article in relation to the Board of Governors of a school, the Department shall consult—

(a) the trustees of the school;

(b) the Authority ...; and

(c) (in the case of a Catholic maintained school), the Council for Catholic Maintained Schools.

(5) Any additional voting members or chairman appointed under this Article shall hold and vacate office in accordance with the terms of their appointment.

(6) In this Article “voting members” has the same meaning as in Article 122 of the 1989 Order.

Section 15 Contents of annual report

In Article 125(2) of the 1989 Order (annual report of Board of Governors) after sub-paragraph (g) there shall be added—

(ga) to describe in general terms—

(i) the arrangements made for the security of the pupils and staff at the school and the school premises; and

(ii) any changes to those arrangements since the last report was prepared;

Section 16 Limits on class sizes in foundation stage and key stage 1

(1) This Article applies to pupils at a primary school who are in foundation stage and key stage 1.

(2) The Board of Governors of a primary school shall not cause or permit the number of pupils in a class at any time to exceed the statutory limit.

(3) In this Article—

“the statutory limit”, in relation to any description of pupils, means the number for the time being prescribed in relation to pupils of that description;

“class”, in relation to the statutory limit for any description of pupils, means a teaching group in which—

pupils of that description are regularly taught; and

the majority of pupils are pupils of that description.

(4) Paragraph (2) shall not apply to a school in such cases or circumstances as the Authority may direct.

(5) Regulations may require the Authority in exercising its powers under paragraph (4) to have regard to such matters as may be prescribed.

(6) Before exercising its powers under paragraph (4) in relation to a school, the Authority shall consult—

(a) such bodies or persons as may be prescribed; and

(b) where the school is a Catholic maintained school, the Council for Catholic Maintained Schools.

(7) It shall be the duty of the Authority to exercise its functions with a view to ensuring that the Boards of Governors of grant-aided schools are in a position to fulfil their duty under this Article.

(8) In Article 12(2) of the Education (Northern Ireland) Order 1997 (determination of admissions number for school) at the end add

and

(c) the requirements of Article 16 of the Education (Northern Ireland) Order 1998 (limit on class sizes)

Section 17 Plans for pre-school education

(1) Within such time after the coming into operation of this Article as the Department may direct, the Authority shall prepare and submit to the Department a plan for the provision (whether by the Authority or by other persons) of pre-school education for children ... in such period as may be specified in the plan.

(2) In preparing a plan under paragraph (1) the Authority shall, in accordance with arrangements approved by the Department, consult bodies and persons likely to be affected by the plan.

(3) In preparing a plan under paragraph (1) the Authority shall take into account any guidance given by the Department as to the provisions it regards as appropriate for inclusion in a plan under that paragraph.

(4) The Department may, after making such modifications (if any) in a plan submitted to it by the Authority as after consultation with the Authority it considers necessary or expedient, approve the plan.

(5) It shall be the duty of the Authority to give effect to the provisions of a plan under paragraph (1) as approved by the Department.

(6) Where—

(a) the Authority fails to submit a plan to the Department under paragraph (1) by the date directed by the Department; or

(b) it appears to the Department that a plan submitted by the Authority as required by that paragraph does not accord with any guidance given by the Department under paragraph (3) and cannot be made to do so merely by modifying it,

the Department may, after consultation with the Authority and such other persons as appear to the Department to be concerned, make a plan which shall be treated for the purposes of paragraphs (5) and (7) as if it had been prepared by the Authority and approved by the Department under this Article.

(7) The Authority may at any time, and shall if the Department so directs, prepare and submit to the Department a revised plan and paragraphs (2) to (6) shall apply in relation to any revised plan as they apply in relation to the original plan.

(8) In this Part “pre-school education” means education provided for a child (whether at a school or any other premises) at any time—

(a) after he has attained the age of 2 years; and

(b) before he has attained compulsory school age,

otherwise than in a reception class as defined by Article 18(4)(b) of the Education (Northern Ireland) Order 1997.

Section 18 Grants in respect of pre-school education

(1) Subject to the following provisions of this Article, the Authority may make grants to any person in respect of pre-school education provided by that person.

(2) The Authority shall not make a grant to a person under paragraph (1) unless that person complies with such requirements as are specified by the Department.

(3) Grants under paragraph (1) shall be of such amount as the Department may determine.

(4) Grants under paragraph (1)—

(a) shall be paid at such times and in such manner; and

(b) shall be subject to such conditions,

as the Authority may determine.

(5) Conditions imposed under paragraph (4)(b)—

(a) may be imposed on, or at any time after, the making of any grant by reference to which they are imposed;

(b) may at any time be varied, waived or revoked; and

(c) may, in particular, require repayment of the whole or any part of the grant to which they relate in such circumstances as are specified in the conditions.

Section 19 Inspection of pre-school education

Any premises in which is provided—

(a) pre-school education in respect of which the Authority is making, or is to make, grants under Article 18(1); or

(b) pre-school education in respect of which the Authority is considering whether to make such grants,

shall, if they would not otherwise fall within the definition of a “relevant establishment” for the purposes of Articles 102 and 102A of the 1986 Order (establishments to be open to inspection at all reasonable times), be treated as a relevant establishment for the purposes of those Articles.

Section 20 Nursery schools to be eligible for grant maintained integrated and controlled integrated status

The following provisions of the 1989 Order are hereby repealed, namely—

(a) Article 68(2)(a) (nursery schools not eligible for grant-maintained integrated status); and

(b) Article 90(2)(a) (nursery schools not eligible for controlled integrated status).

Section 21 Information as to funded pre-school education provided otherwise than in a grant-aided school

(1) The Authority shall, for each school year, publish at such time and in such manner as the Department may direct, particulars of the arrangements for the admission of children to funded pre-school education.

(2) In this Article “funded pre-school education”, in relation to the Authority , means pre-school education—

(a) which is provided otherwise than at a grant-aided school; and

(b) in respect of which the Authority is making, or is to make, grants under Article 18(1).

(3) The particulars to be published under paragraph (1) shall include particulars of—

(a) the persons providing funded pre-school education;

(b) the number of children for whom such education is to be provided by each such person; and

(c) the criteria to be applied by each such person in selecting children for admission to such education.

(4) The Authority shall publish such information as may be required by regulations with respect to its policy and arrangements in respect of any matter relating to funded pre-school education.

Section 22 Application and interpretation of this Chapter

(1) Subject to paragraphs (2) and (3), this Chapter applies in relation to the admission of children to pre-school education at grant-aided schools.

(2) This Chapter applies in relation to the admission of a child to pre-school education at a grant-aided school taking effect, or proposed admission which would take effect, in the school year ending on 31st July 2000 and in any subsequent school year.

(3) This Chapter does not apply in relation to—

(a) special schools;

(b) schools established in hospitals; or

(c) the admission to pre-school education at grant-aided schools of children in respect of whom statements are maintained under Article 16 of the Education (Northern Ireland) Order 1996.

(4) In this Chapter—

(a) any reference to a school is a reference to a grant-aided school at which pre-school education is provided;

(b) any reference to full-time pre-school education is a reference to pre-school education normally provided for at least 4 hours and 30 minutes on each school day, and any reference to part-time pre-school education is a reference to pre-school education normally provided for less than that amount of time but for at least 2 hours and 30 minutes on each school day;

(c) any reference to full-time pupils registered at a school is a reference to pupils registered at a school who are receiving full-time pre-school education, and any reference to part-time pupils registered at a school is a reference to pupils registered at a school who are receiving part-time pre-school education;

(d) any reference to an appeal tribunal is a reference to an appeal tribunal constituted in accordance with regulations under Article 15(8) of the Education (Northern Ireland) Order 1997;

(e) any reference to a school year is a reference to a year ending on 31st July.

(5) The Department may by order amend paragraph (4)(b).

(6) Directions and approvals of the Department under this Chapter shall be given in writing.

Section 23 Arrangements for admission to pre-school education at grant-aided schools

(1) The Authority shall make arrangements for the parent of a child ...—

(a) to express (in order of preference) his preferences as to the school at which he wishes pre-school education to be provided for his child;

(b) where any of those schools provides both full time and part-time pre-school education, to express his preference as to which kind of pre-school education he wishes to be provided for his child; and

(c) to give reasons for his preferences.

(2) Where the parent of a child has expressed his preferences under arrangements under paragraph (1)—

(a) the parent shall be taken as making an application for admission of the child to the school which is the first preference of the parent; and

(b) if that application is refused, the parent shall then be taken as making an application for admission of the child to the school which is the second preference of the parent,

and so on, taking each preference of the parent in order.

(2A) Where—

(a) a school provides both full-time and part time education; and

(b) a parent's expressed preferences include both,

paragraph (2) shall be read as if references to admission to a school were references to admission to a school for the particular kind of pre-school education (that is to say part-time or full-time) which is specified in the preference in question.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) It shall be the duty of the Board of Governors of a school to make arrangements for the admission of children—

(a) to full-time pre-school education at the school, in accordance with Articles 24 to 27, 32 and 33; and

(b) to part-time pre-school education at the school, in accordance with Articles 28 to 31, 32 and 33.

Section 24 Duties of Board of Governors in relation to admission to full-time pre-school education

(1) The Board of Governors of a school shall not cause or permit the number of full-time registered pupils at the school at any time to exceed the school's full-time enrolment number.

(2) In calculating for the purposes of paragraph (1) the number of full-time registered pupils at a school at any time, no account shall be taken of any child registered at the school in compliance with—

(a) a direction of an appeal tribunal; or

(b) a direction under Article 42 of the Education (Northern Ireland) Order 1996.

Section 25 Determination of full-time enrolment number for a school

(1) In this Chapter any reference to a school's full-time enrolment number is a reference to the number for the time being applying under the following provisions of this Article to the school.

(2) The full-time enrolment number applying to a school shall be such number as the Department may determine having regard in particular to—

(a) the requirements of directions under Article 18 of the 1986 Order which apply in relation to the school;

(b) the accommodation available for use by pupils in pre-school education at the school; and

(c) the extent to which part-time pre-school education is to be provided in the school.

(3) The full-time enrolment number of a school may be nil.

(4) The Department may at any time vary a school's full-time enrolment number.

(5) Before making any determination under paragraph (2) or variation under paragraph (4) in relation to a school, the Department shall consult the bodies mentioned in paragraph (8).

(6) Paragraph (5) does not require consultation with the Board of Governors of a school in relation to a variation of the school's full-time enrolment number made by the Department at the request of the Board of Governors.

(7) After making any determination under paragraph (2) or variation under paragraph (4) in relation to a school, the Department shall send notice of the determination or variation to the bodies mentioned in paragraph (8).

(8) The bodies referred to in paragraphs (5) and (7) are—

(a) the Board of Governors of the school;

(b) the Authority ...; and

(c) where the school is a Catholic maintained school, the Council for Catholic Maintained Schools.

Section 26 Admission decisions in relation to full-time pre-school education

(1) In this Article and Article 27 any reference to the admission of a child to a school is a reference to the admission of a child to full-time pre-school education at the school.

(2) In this Article—

(a) paragraph (3) applies to an application for the admission of a child to a school where the proposed admission is to take effect at the beginning of the first term of the school year; and

(b) paragraph (4) applies to an application for the admission of a child to a school where the proposed admission is to take effect at any later time in the school year.

(3) Where an application to which this paragraph applies is made, the Board of Governors—

(a) shall admit the child to the school if the total number of such applications does not exceed the full-time enrolment number of the school;

(b) in any other case, shall—

(i) apply the criteria drawn up under Article 32(1) to select for admission to the school a number of children equal to the school's full-time enrolment number; and

(ii) admit, or refuse to admit, the child to the school accordingly.

(4) Where an application to which this paragraph applies is made, the Board of Governors shall—

(a) if, at the time the application is considered there are vacant full-time places at the school—

(i) admit the child to the school, if the total number of such applications falling to be considered at that time does not exceed the number of vacant full-time places;

(ii) in any other case, apply the criteria drawn up under Article 32(1) to select for admission to the school a number of children equal to the number of vacant full-time places and admit, or refuse to admit, the child to the school accordingly;

(b) if, at that time, there are no vacant full-time places at the school refuse to admit the child to the school.

(5) For the purposes of this Article—

(a) there are vacant full-time places at a school at any time if at that time the full-time enrolment number of the school exceeds the number of full-time pupils registered at the school;

(b) the number of vacant full-time places at a school at any time is the number obtained by subtracting the number of full-time pupils registered at the school at that time from the full-time enrolment number of the school.

Section 27 Appeals against certain admission decisions under Article 26

(1) The Authority shall make arrangements for enabling the parent of a child to appeal against any decision made under Article 26 by the Board of Governors of a school ... refusing the child admission to the school.

(2) An appeal under this Article shall be to an appeal tribunal constituted in accordance with regulations under paragraph (8) of Article 15 of the Education (Northern Ireland) Order 1997; and paragraphs (9) to (11) of that Article apply in relation to appeals under this Article as they apply in relation to appeals under that Article.

(3) An appeal under this Article may be brought only on the ground that the criteria drawn up under Article 32(1) by the Board of Governors of a school—

(a) were not applied; or

(b) were not correctly applied,

in deciding to refuse the child admission to the school.

(4) On the hearing of an appeal under this Article—

(a) if it appears to the tribunal that the criteria were not applied, or were not correctly applied, in deciding to refuse the child admission to the school, the tribunal shall, subject to paragraph (5), allow the appeal and direct the Board of Governors of the school to admit the child to the school;

(b) in any other case, the tribunal shall dismiss the appeal.

(5) If, in any case mentioned in paragraph (4)(a), it appears to the tribunal that had the criteria been applied, or (as the case may be) been correctly applied, the child would have been refused admission to the school, the tribunal shall dismiss the appeal.

(6) It shall be the duty of the Board of Governors of a school to comply with any direction given under paragraph (4)(a).

Section 28 Duties of Board of Governors in relation to admission to part-time pre-school education

(1) The Board of Governors of a school shall not cause or permit the number of part-time registered pupils at the school at any time to exceed the school's part-time enrolment number.

(2) In calculating for the purposes of paragraph (1) the number of part-time registered pupils at a school at any time, no account shall be taken of any child registered at the school in compliance with—

(a) a direction of an appeal tribunal; or

(b) a direction under Article 42 of the Education (Northern Ireland) Order 1996.

Section 29 Determination of part-time enrolment number for a school

(1) In this Chapter any reference to a school's part-time enrolment number is a reference to the number for the time being applying under the following provisions of this Article to the school.

(2) The part-time enrolment number applying to a school shall be such number as the Department may determine having regard in particular to—

(a) the requirements of directions under Article 18 of the 1986 Order which apply in relation to the school;

(b) the accommodation available for use by pupils in pre-school education at the school; and

(c) the extent to which full-time pre-school education is to be provided at the school.

(3) The part-time enrolment number of a school may be nil.

(4) The Department may at any time vary a school's part-time enrolment number.

(5) Before making any determination under paragraph (2) or variation under paragraph (4) in relation to a school, the Department shall consult the bodies mentioned in paragraph (8).

(6) Paragraph (5) does not require consultation with the Board of Governors of a school in relation to a variation of the school's part-time enrolment number made by the Department at the request of the Board of Governors.

(7) After making any determination under paragraph (2) or variation under paragraph (4) in relation to a school, the Department shall send notice of the determination or variation to the bodies mentioned in paragraph (8).

(8) The bodies referred to in paragraphs (5) and (7) are—

(a) the Board of Governors of the school;

(b) the Authority ...; and

(c) where the school is a Catholic maintained school, the Council for Catholic Maintained Schools.

Section 30 Admission decisions in relation to part-time pre-school education

(1) In this Article and Article 31 any reference to the admission of a child to a school is a reference to the admission of a child to part-time pre-school education at the school.

(2) In this Article—

(a) paragraph (3) applies to an application for the admission of a child to a school where the proposed admission is to take effect at the beginning of the first term of the school year; and

(b) paragraph (4) applies to an application for the admission of a child to a school where the proposed admission is to take effect at any later time in the school year.

(3) Where an application to which this paragraph applies is made, the Board of Governors—

(a) shall admit the child to the school if the total number of such applications does not exceed the part-time enrolment number of the school;

(b) in any other case, shall—

(i) apply the criteria drawn up under Article 32(1) to select for admission to the school a number of children equal to the school's part-time enrolment number; and

(ii) admit, or refuse to admit, the child to the school accordingly.

(4) Where an application to which this paragraph applies is made, the Board of Governors shall—

(a) if, at the time the application is considered there are vacant part-time places at the school—

(i) admit the child to the school, if the total number of such applications falling to be considered at that time does not exceed the number of vacant part-time places;

(ii) in any other case, apply the criteria drawn up under Article 32(1) to select for admission to the school a number of children equal to the number of vacant part-time places and admit, or refuse to admit, the child to the school accordingly;

(b) if, at that time, there are no vacant part-time places at the school refuse to admit the child to the school.

(5) For the purposes of this Article—

(a) there are vacant part-time places at a school at any time if at that time the part-time enrolment number of the school exceeds the number of part-time pupils registered at the school;

(b) the number of vacant part-time places at a school at any time is the number obtained by subtracting the number of part-time pupils registered at the school at that time from the part-time enrolment number of the school.

Section 31 Appeals against certain admission decisions under Article 30

(1) The Authority shall make arrangements for enabling the parent of child to appeal against any decision made under Article 30 by the Board of Governors of a school ... refusing the child admission to the school.

(2) An appeal under this Article shall be to an appeal tribunal constituted in accordance with regulations under paragraph (8) of Article 15 of the Education (Northern Ireland) Order 1997; and paragraphs (9) to (11) of that Article apply in relation to appeals under this Article as they apply in relation to appeals under that Article.

(3) An appeal under this Article may be brought only on the ground that the criteria drawn up under Article 32(1) by the Board of Governors of a school—

(a) were not applied; or

(b) were not correctly applied,

in deciding to refuse the child admission to the school.

(4) On the hearing of an appeal under this Article—

(a) if it appears to the tribunal that the criteria were not applied, or were not correctly applied, in deciding to refuse the child admission to the school, the tribunal shall, subject to paragraph (5), allow the appeal and direct the Board of Governors of the school to admit the child to the school;

(b) in any other case, the tribunal shall dismiss the appeal.

(5) If, in any case mentioned in paragraph (4)(a), it appears to the tribunal that had the criteria been applied, or (as the case may be) been correctly applied, the child would have been refused admission to the school, the tribunal shall dismiss the appeal.

(6) It shall be the duty of the Board of Governors of a school to comply with any direction given under paragraph (4)(a).

Section 32 Admission criteria

(1) Subject to the following provisions of this Article, the Board of Governors of each school shall draw up, and may from time to time amend, the criteria to be applied in selecting children for admission to the school under Article 26 or 30.

(2) When drawing up or amending criteria under paragraph (1)—

(a) the Board of Governors of a controlled school shall consider any representations made to it by the Authority responsible for the management of the school;

(b) the Board of Governors of a Catholic maintained school shall consider any representations made to it by the Council for Catholic Maintained Schools.

(3) Where the criteria to be applied in respect of any school year have been published under Article 33(2), the Board of Governors shall not amend those criteria in respect of that school year without the approval of the Department.

(4) The criteria drawn up by the Board of Governors of a school under paragraph (1) shall provide for all children resident in Northern Ireland at the time of their proposed admission to the school to be selected for admission to the school before any child not so resident may be selected for admission.

(5) The criteria drawn up under paragraph (1) shall be such as to ensure that the Board of Governors by applying those criteria can comply with Article 26 or 30 before the criteria are exhausted.

(6) Regulations may provide that the criteria drawn up under paragraph (1)—

(a) shall include such matters or matters of such description as are specified in the regulations;

(b) shall not include such matters or matters of such description as are so specified.

Section 33 Information as to schools and admission arrangements

(1) The Authority shall, for each school year, publish at such time and in such manner as the Department may direct, particulars of—

(a) the arrangements made by the Authority under Articles 23(1), 27(1) and 31(1);

(b) the arrangements for the admission of children to pre-school education at each school ....

(2) The particulars to be published under paragraph (1)(b) for each school year in relation to a school shall include particulars of—

(a) the school's full-time and part-time enrolment numbers;

(b) the respective functions of the Board of Governors and the principal in relation to admissions to the school; and

(c) the criteria drawn up under Article 32(1) for the school.

(3) The Board of Governors of every school shall, as respects that school, publish—

(a) such information as may be required by regulations;

(b) such other information, if any, as the Board of Governors thinks fit.

(4) The Authority shall publish such information as may be required by regulations with respect to its policy and arrangements in respect of any matter relating to pre-school education at grant-aided schools ....

(5) The Authority may, with the agreement of the Board of Governors of any school ..., publish on behalf of the Board of Governors, the information relating to the school referred to in paragraph (3).

(6) References in paragraphs (3) and (5) to publication are references to publication at such times and in such manner as may be required by regulations.

Section 34 The General Teaching Council for Northern Ireland

(1) There shall be established a body to be known as the General Teaching Council for Northern Ireland (referred to in this Chapter as “the Council”).

(2) Schedule 1 shall have effect in relation to the Council.

(3) The functions of the Council under this Chapter shall be exercisable by the Council in relation to—

(a) teachers in grant-aided schools; and

(b) peripatetic teachers;

and references in this Chapter to “teachers” and “teaching” shall be construed accordingly.

Section 35 Registration of teachers

(1) The Council shall establish and maintain a register of teachers ( “the register”).

(2) The register shall contain the name of every person who in accordance with regulations under Article 36—

(a) is eligible for registration; and

(b) applies to be registered.

(3) Subject to such exceptions as may be provided for by or under regulations, An employing authority shall not employ a person as a teacher unless he is registered under this Article.

Section 36 Regulations as to registration

(1) The Department may by regulations make provision as to—

(a) the eligibility of persons for registration;

(b) the form and manner in which the register is to be kept and other matters relating to registration.

(2) Regulations under paragraph (1)(a) may in particular provide that a person shall not be eligible for registration unless he—

(a) has such qualifications as may be approved by the Council ; and

(b) complies with such requirements as may be imposed by or under the regulations in relation to—

(i) age;

(ii) health;

(iii) physical capacity; and

(iv) any other matter specified in the regulations.

(3) Regulations under paragraph (1)(b) may in particular make provision as to—

(a) the form and manner in which applications for registration are to be made;

(b) the documentary or other evidence which is to accompany applications for registration;

(c) the registration, on the establishment of the register, of persons who have not made such applications;

(d) the matters which are to be recorded in the register against the names of those registered in it;

(e) the charging by the Council of fees authorised by virtue of paragraph (4);

(f) the removal of entries from the register in circumstances where the persons concerned—

(i) have ceased to be eligible for registration;

(ii) have failed to pay any such fee; or

(iii) have in accordance with procedures specified in or determined under the regulations been found guilty of misconduct or serious professional incompetence ;

or in such other circumstances as may be specified in the regulations;

(g) the restoration and alteration of entries;

(h) the issue and form of certificates of registration;

(i) the information contained in the register which may be made available for inspection by members of the public, and the circumstances in which and the conditions subject to which that information may be made available.

(4) For the purposes of paragraph (3)(e) regulations under this Article may authorise the Council (subject to such exceptions as may be provided for by or under the regulations) to charge fees fixed by the Council with the approval of the Department in respect of —

(a) applications for registration or for the restoration of entries to the register;

(b) registration in accordance with paragraph (3)(c); or

(c) the retention of entries in the register,

and the regulations may accordingly authorise the Council to refuse an application falling within sub-paragraph (a) until the appropriate fee has been paid.

(4A) The Council, in exercising any power to fix fees authorised by virtue of paragraph (4), shall have regard to the expenditure of the Council in exercising—

(a) its functions under this Order relating to registration; and

(b) all other functions conferred on it under this Order or any other statutory provision.

(5) Regulations under this Article may authorise the Council to make provision in relation to any matter.

Section 37 Advisory functions of the Council

(1) The Council shall advise—

(a) the Department; and

(b) employing authorities,

on such matters falling within paragraph (3) as the Council thinks fit.

(2) The Council shall also advise the Department—

(a) on such matters falling within paragraph (3); or

(b) on such other matters relating to teaching,

as the Department may from time to time require.

(3) The matters referred to in paragraphs (1) and (2) are—

(a) any matter relating to teachers which is dealt with (or which could be dealt with) by regulations under Article 36;

(b) the training, career development and performance management of teachers;

(c) standards of teaching;

(d) standards of conduct for teachers.

(4) The Council may publish advice given by it under this Article.

Section 38 Additional and ancillary functions

(1) The Department may by order confer or impose on the Council such additional functions as the Department considers the Council may appropriately discharge in conjunction with any of its other functions under this Chapter.

(2) Before making an order under paragraph (1), the Department shall consult the Council and such other bodies and persons as appear to the Department to be appropriate.

(3) An order under paragraph (1) may in particular require the Council to maintain records relating to such categories of persons (including persons not eligible to be registered under Article 35) as may be specified in the order; and the records shall contain such information relating to those persons and be kept in such manner as may be so specified.

(4) The Council shall carry out such ancillary activities as the Department may direct.

(5) For the purposes of paragraph (4) activities are ancillary activities in relation to the Council if the Department considers it is appropriate for the Council to carry out those activities for the purposes of or in connection with the carrying out by the Council of any of its other functions under this Chapter.

Section 39 Deduction of fees from salary of teachers

(1) The Department may make regulations requiring issuing authorities, or authorising the Department where it is the issuing authority—

(a) to deduct from the salary of teachers any fee payable by virtue of Article 36 in respect of the registration of, or retention of an entry on the register relating to, any teacher; and

(b) to remit that fee to the Council.

(2) The regulations may make provision with respect to—

(a) the arrangements to be adopted by issuing authorities for the deduction and remittance of fees; and

(b) the notification to the Council by issuing authorities of such particulars relating to teachers as the regulations may specify.

(3) In this Article “issuing authority”, in relation to any teacher, means the body which in accordance with Article 71 is responsible for issuing payment of his salary.

Section 40 Supply of information relating to teachers

(1) The Department may supply the Council with such information as the Department considers it to be necessary or desirable for the Council to have for the purposes of its functions under this Chapter.

(2) The Council shall supply the Department with such information as it may reasonably require for the purposes of its functions under the Education Orders.

(3) The Department may by regulations require or authorise the Council to supply information—

(a) to such other body or person; and

(b) for such purposes and subject to such conditions,

as may be prescribed.

(4) Employing authorities shall supply the Council with such information as it may reasonably require for the purposes of its functions under this Chapter.

(5) This Article does not limit the circumstances in which information may be supplied apart from this Article.

Section 41 Interpretation of this Chapter

In this Chapter—

“the Council” has the meaning assigned to it by Article 34(1);

“employing authority” means—

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

in relation to teachers employed in a Catholic maintained school, the Council for Catholic Maintained Schools;

in relation to teachers employed in any other voluntary school or in a grant-maintained integrated school, the Board of Governors of the school;

in relation to peripatetic teachers, the Authority ...;

“the register” has the meaning assigned by Article 35(1);

“teachers” and “teaching” shall be construed in accordance with Article 34(3).

Section 42 Eligibility for employment as principal of grant-aided school

(1) The Department may by regulations make provision as to the eligibility of persons to be employed as principals of grant-aided schools.

(2) Without prejudice to the generality of paragraph (1), regulations under that paragraph may include provision requiring persons employed as principals, subject to such exceptions as may be provided for by or under the regulations, to have a qualification approved by the Department for the purposes of this Article.

(3) Regulations under this Article shall apply to every person who is appointed as principal of a grant-aided school on or after the date on which the regulations come into operation, unless he has held such an appointment before that date.

(4) In this Article—

“principal”

includes, in the case of a grammar school having a preparatory department, the teacher in charge of that department;

does not include an acting principal;

“preparatory department” means that part of a grammar school in which primary education is provided.

Section 43 Appointment of teachers

(1) For Article 143 of the 1989 Order there shall be substituted—

Employment of teachers by the Council

(143)

(1) The Council may employ all such teachers as are required on the staff of Catholic maintained schools.

(2) The Council shall prepare, and may from time to time revise, a scheme providing for the procedures to be followed by—

(a) the Council;

(b) the diocesan education committee established under paragraph 3 of Schedule 8; and

(c) the Boards of Governors of Catholic maintained schools,

in relation to the appointment of teachers under paragraph (1).

(3) Before preparing a scheme under paragraph (2), the Council shall consult the Board of Governors of every Catholic maintained school.

(4) A scheme under paragraph (2) shall—

(a) require the Council to appoint a panel of assessors in relation to each diocesan education committee; and

(b) make provision for members of that panel to give advice and assistance to the diocesan education committee or the Board of Governors of a Catholic maintained school in relation to any functions of that committee or Board under the scheme.

(5) It shall be the duty of the bodies mentioned in paragraph (2) to give effect to a scheme for the time being in force under that paragraph.

(2) For Article 153 of the 1989 Order there shall be substituted—

Appointment of teachers by the Authority

(153)

(1) The Authority shall prepare, and may from time to time revise, a scheme providing for the procedures to be followed in relation to the appointment by the Authority of—

(a) teachers to posts in controlled schools; and

(b) peripatetic teachers.

(2) A scheme under paragraph (1) may provide for any specified functions of the Authority under the scheme to be performed by the teaching appointments committee of the Authority on behalf of, and in the name of, the Authority .

(3) Before preparing a scheme under paragraph (1), the Authority shall consult the Board of Governors of every controlled school managed by the Authority .

(4) It shall be the duty of the Authority to give effect to a scheme for the time being in force under paragraph (1).

(3) Article 69(8) of the 1986 Order (terms and conditions of employment of certain teachers to be set out in an agreement in a form approved by the Department) shall cease to have effect.

Section 55 Suspension of financial delegation for mismanagement, etc.

(1) Where it appears to the Authority , in the case of any relevant school with a delegated budget, , that the Board of Governors of the school—

(a) has been guilty of a substantial or persistent failure to comply with any requirements or conditions applicable under the scheme; or

(b) is not managing the appropriation or expenditure of the sum put at its disposal for the purposes of the school in a satisfactory manner,

the Authority may suspend the Board of Governors' right to a delegated budget by giving the Board of Governors (subject to paragraph (4)) not less than one month's notice of suspension.

(2) Any notice under paragraph (1) shall specify the grounds for the proposed suspension, giving particulars of any alleged failure on the part of the Board of Governors to comply with any requirements or conditions applicable under the scheme and of any alleged mismanagement on its part.

(3) A copy of the notice shall be given to—

(a) the principal of the school;

(b) the Department; and

(c) where the school is a Catholic maintained school, the Council for Catholic Maintained Schools,

at the same time as the notice is given to the Board of Governors.

(4) The Authority may suspend the right mentioned in paragraph (1) of any Board of Governors to which it has given notice under that paragraph before the expiry of the period of notice if it appears to the board to be necessary to do so by reason of gross incompetence or mismanagement on the part of the Board of Governors or other emergency.

(5) The Authority may withdraw a notice given under paragraph (1) at any time before the expiry of the period of notice.

(6) If the Authority exercises its power under paragraph (4) or (5), it shall immediately give written notification of its action and, in the case of action under paragraph (4), of the reasons for it to—

(a) the Board of Governors and principal of the school;

(b) the Department; and

(c) where the school is a Catholic maintained school, the Council for Catholic Maintained Schools.

(7) During any period when a Board of Governors' right to a delegated budget is suspended under this Article, the duty of the Authority under Article 6(1) of the 2003 Order shall not apply in relation to that Board of Governors.

Section 56 Review of suspension

(1) It shall be the duty of the Authority —

(a) to review before the beginning of every financial year any suspension under Article 55 which is for the time being in force;

(b) for the purposes of that review, to afford—

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

(ii) the principal of the school concerned; and

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

an opportunity for making representations with respect to the suspension and to have regard to any representations made by the Board of Governors, the principal or that Council;

(c) to revoke any such suspension where the Authority considers it appropriate to do so.

(2) The Authority shall give—

(a) the Board of Governors concerned;

(b) the principal of the school concerned;

(c) the Department; and

(d) where that school is a Catholic maintained school, the Council for Catholic Maintained Schools,

written notification of its decision on any such review.

(3) The revocation of a suspension on a review under this Article shall take effect as from the beginning of the financial year next following the review.

Section 57 Appeal against suspension or refusal to revoke it

(1) A Board of Governors shall be entitled to appeal to the Department against—

(a) the imposition of any suspension under Article 55; or

(b) any refusal of the Authority to revoke any such suspension on a review under Article 56.

(2) On an appeal under this Article, the Department—

(a) may allow or reject the appeal; and

(b) shall have regard, in making its determination, to the gravity of the default on the part of the Board of Governors and the likelihood of its continuing or recurring.

Section 58 Financial delegation: staff

(1) The following matters in relation to staff at controlled and maintained schools with delegated budgets, namely—

(a) the determination of staff complements;

(b) the regulation of conduct and discipline of staff;

(c) the suspension and dismissal of staff; and

(d) the making of payments in respect of dismissals or resignations of staff,

shall be subject to Schedule 2.

(2) A scheme may provide for applying this Article and Schedule 2 in relation to persons employed to work—

(a) partly for the purposes of school activities and partly for the purposes of non-school activities (that is to say, activities, other than school activities, carried on on the school premises and wholly or mainly under the management or control of the Board of Governors of the school); or

(b) solely for the purposes of non-school activities,

as if all such activities were school activities.

Section 59 Application of the common funding scheme to special schools

(1) The Department may by regulations provide for requiring or authorising the common funding scheme

(a) to cover controlled or maintained special schools;

(b) to include provision, in the case of any such school which by virtue of any regulations made under sub-paragraph (a) is required or authorised to be covered by the common funding scheme , for the delegation by the Authority of the management of the school's budget share for any financial year to the Board of Governors of the school.

(2) Regulations under this Article—

(a) may make in any provisions of this Chapter or Part I of the 2003 Order such amendments as appear to the Department to be required in consequence of any provision made in those regulations by virtue of paragraph (1); and

(b) may provide that the common funding scheme shall have effect with such modifications as appear to the Department to be appropriate in consequence of any provision so made.

Section 60 Duty on board to make a sum of money available to Board of Governors of special school not covered by a scheme

(1) Subject to paragraphs (4) and (12), in respect of any period during which any special school is not covered by a scheme, it shall be the duty of the Authority to make available a sum of money which the Board of Governors of the school is to be entitled to spend at its discretion during that period (but subject to paragraph (2)) on such heads of expenditure as the Authority may specify or as the Department may direct.

(2) A Board of Governors to which any sum is made available under this Article—

(a) shall comply in spending that sum with such reasonable conditions as the Authority thinks fit to impose; and

(b) may delegate to the principal, to such extent as it may specify, its powers in relation to that sum.

(3) The members of the Board of Governors of a school shall not incur any personal liability in respect of anything done in good faith in the exercise or purported exercise of any power under paragraph (2).

(4) Where a new special school is established and is not covered by a scheme, paragraph (1) shall not apply in relation to the school until such date as the Department may direct.

(5) Before specifying any heads of expenditure under paragraph (1), the Authority shall consult the Board of Governors of every special school appearing to it to be concerned and the Council for Catholic Maintained Schools and before giving any directions under paragraph (1), the Department shall consult the Authority , the Council for Catholic Maintained Schools and any other person with whom consultation appears to it to be desirable.

(6) Where it appears to the Authority that a Board of Governors to which any sum is made available under this Article—

(a) has been guilty of a substantial or persistent failure to comply with any conditions imposed on it under paragraph (2)(a); or

(b) is not managing the appropriation or expenditure of the sum in a satisfactory manner,

the Authority may suspend the Board of Governors' right under paragraph (1) to have a sum of money made available to it by giving the Board of Governors (subject to paragraph (8)) not less than one month's notice of suspension.

(7) A notice under paragraph (6) shall specify the grounds for the proposed suspension, giving particulars of any alleged failure on the part of the Board of Governors to comply with any conditions imposed on it under paragraph (2)(a) or of any alleged mismanagement on its part.

(8) A copy of the notice shall be given to—

(a) the principal of the school;

(b) the Department; and

(c) where the school is a Catholic maintained school, the Council for Catholic Maintained Schools,

at the same time as the notice is given to the Board of Governors.

(9) The Authority may suspend the right mentioned in paragraph (6) of any Board of Governors to which it has given notice under that paragraph before the expiry of the period of notice if it appears to the Authority to be necessary to do so by reason of gross incompetence or mismanagement on the part of the Board of Governors or other emergency.

(10) The Authority may withdraw a notice given under paragraph (6) at any time before the expiry of the period of notice.

(11) If the Authority exercises its power under paragraph (9) or (10), it shall immediately give written notification of its action and, in the case of action under paragraph (9), of the reasons for it to—

(a) the Board of Governors and principal of the school;

(b) the Department; and

(c) where the school is a Catholic maintained school, the Council for Catholic Maintained School.

(12) During any period when a Board of Governors' right mentioned in paragraph (6) is suspended under this Article, the duty of the Authority under paragraph (1) shall not apply in relation to that Board of Governors.

(13) Articles 56 and 57 shall apply in relation to a suspension under this Article as they apply in relation to a suspension under Article 55.

Section 61 Maintenance and other grants to voluntary grammar schools

(1) Subject to the provisions of this Article and Article 62, the Authority shall in respect of each financial year make grants (known as maintenance grants) to the Board of Governors of a voluntary grammar school ... in respect of expenditure incurred or to be incurred in that year in carrying on the school, except—

(a) expenditure incurred or to be incurred for the provision or alteration of the premises of the school; and

(b) expenditure incurred or to be incurred for the provision of equipment for the school which is approved expenditure for the purposes of Article 68(1)(b).

(2) The amount of the maintenence grant payable in respect of a voluntary grammar school for a financial year shall be the sum of—

(a) an amount equal to the budget share of the school for that year; and

(b) such other amount determined by or in accordance with the common funding scheme as, in accordance with that scheme, falls to be paid by way of maintenence grant.

(3) The Authority shall make grants to the trustees of a voluntary grammar school ... of amounts equal to the costs of the trustees on foot of an approved contract.

(4) Grants under this Article shall be made on such conditions (including conditions as to repayment) as the Authority may determine with the approval of the Department.

(5) The times at which, and the manner in which, payments are made in respect of grants under this Article shall be such as the Authority may determine with the approval of the Department.

(6) Subject to any conditions imposed under paragraph (4), the Board of Governors of a voluntary grammar school—

(a) shall be entitled to spend any sums received by it by way of maintenance grants as it thinks fit for the purposes of the school; and

(b) may delegate to the principal its power under sub-paragraph (a)in relation to any such sums.

(7) The members of the Board of Governors of a voluntary grammar school shall not incur any personal liability in respect of anything done in good faith in the exercise or purported exercise of their powers under paragraph (6).