Education (Northern Ireland) Order 1978 This Statutory Instrument made miscellaneous amendments to the 1972 Education and Libraries (Northern Ireland) Order and the 1968 Ulster College Act (Northern Ireland).
The text of the Education (Northern Ireland) Order 1978 was prepared by Derek Gillard and uploaded on 5 December 2020. |
Education (Northern Ireland) Order 1978 © Crown copyright material is reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland. [page 1] NORTHERN IRELAND Coming into operation - 8th August 1978 Article 1 Title and commencement
Schedule 1 - Minor amendments of principal Order
Part I Provisions of principal Order repealed [page 2]
Present, The Queen's Most Excellent Majesty in Council Whereas a draft of this Order has been approved by a resolution of each House of Parliament: Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 1974 (c. 28), and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:- 1 Title and commencement This Order may be cited as the Education (Northern Ireland) Order 1978 and shall come into operation on the fourteenth day after the day on which it is made. 2 Interpretation (1) The Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) 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 1972 (S.I. 1972/1263 (N.I. 12)) and any expression to which a meaning is assigned by that Order has the same meaning in this Order as in that Order. 3 Committees of boards (1) In Article 4 of the principal Order (committees) paragraph (3) shall cease to have effect and for paragraph (6) there shall be substituted the following paragraphs:- "(6) A board may authorise its teaching appointments committee or any committee of the board all the members of which are members of the board to perform specific functions on behalf of, and in the name of, the board.(2) In Article 84(7) of the principal Order after the words "teaching appointments committee" there shall be added the words "or a committee to which Article 4(7) applies" and in paragraphs 7 and 8 of Schedule 2 to the principal Order for "Article 4(1)" there shall be substituted "Article 4(6)". 4 Grants to certain voluntary schools In paragraph (2) of Article 10 of the principal Order (grants to voluntary primary, intermediate and special schools which are not maintained schools) after the words "school premises" there shall be inserted the words "and the maintenance of equipment of the school"; after the words "those premises" there shall be inserted the words "or that equipment" and after that paragraph there shall be inserted the following paragraph: - [page 3] "(2A) Paragraph (2) shall, in like manner as it applies to approved net expenditure incurred on maintenance, apply to approved expenditure incurred on the payment of premiums for insurance against fire, flood and other damage to, or loss of, the school premises or equipment.".5 Proposals as to primary and secondary education (1) A revised development scheme or an amendment to a development scheme notice of which has not, prior to the date of the coming into operation of this Article, been published under paragraph (5)(b) of Article 11 of the principal Order shall not be prepared or proceeded with under that Article but a scheme notice of which has been so published shall, if approved by the Department under paragraph (7) of that Article whether before or after that date, be or, as the case may be, continue to be implemented unless a proposal approved by the Department under Article 11A of the principal Order otherwise provides. (2) After Article 11 of the principal Order there shall be inserted the following Article:- "11A Proposals as to primary and secondary education [page 4] (6) Subject to Article 12(5), the Department, after considering any objections to a proposal made to it within the time specified in the notice under paragraph (5)(b), may, after making such modification, if any, in the proposal as, after consultation with the board or person making the proposal, it considers necessary or expedient, approve the proposal and inform that board or person accordingly.(3) In Article 12 of the principal Order, paragraphs (1) and (2) and in paragraphs (4) and (6) the words "under this Article" shall cease to have effect, in paragraph (3) after the word "shall" there shall be inserted the words "unless the Department otherwise determines", in paragraph (5) for the words "paragraph (2)" there shall be substituted the words "Article 11A(6)" and after the words "proposal for the" there shall be inserted the words "establishment or" and in paragraph (6) for the word "established" there shall be substituted the word "existing". (4) In Article 13 of the principal Order, paragraphs (1) and (5) shall cease to have effect, in paragraph (2) for the word "intend" there shall be substituted the word "propose" and in paragraph (6) the words "in accordance with the provisions of this Article" shall cease to have effect and in sub-paragraph (a) of that paragraph for the words "repay" and "repayable" there shall be substituted respectively the words "pay" and "payable", and for the words "regulations made under that Article" there shall be substituted the words "that Article or regulations made thereunder". 6 Provision of award (1) For Articles 39 and 40 of the principal Order there shall be substituted the following Articles:- "39 Provision of awards by boards [page 5] which, in the opinion of the Department, are comparable to postgraduate courses and may make such other awards as it considers desirable for the purpose of enabling or encouraging persons to take advantage of educational facilities available to them.(2) In Article 2(2) of the principal Order (interpretation), after the definition of "approved" there shall be inserted the following definition: - and the definition of "scholarship" shall cease to have effect.""award" includes scholarship, studentship, exhibition, bursary, maintenance or other allowance or any combination thereof;" 7 Selection of students for teacher training (1) In Article 55 of the principal Order (arrangements regarding facilities for the training of teachers) at the end of paragraph (1) there shall be added the words "and for the determination of the numbers and qualifications, and for the selection, of students to undergo such training" and in paragraph (4) after the word "regarding" there shall be inserted the words "the admission of students and". (2) After Article 55(4) of the principal Order there shall be inserted the following paragraph:- "(5) The managers or governing body of a college of education or the board responsible for the management of an institution of further education shall comply with any directions of the Department, given after consultation with them, as to the number of students of different categories to be admitted in any period to any course of instruction provided by them for the training of teachers or as to the discontinuance of any such course.".8 Provisions as to teachers (1) In Article 2(2) of the principal Order (interpretation) after the definition of "clothing" there shall be inserted the following definition: - and at the end of the definition of "grant-aided" there shall be added the words "not being a college of education".""college of education" means a college for the training of teachers being a college which is maintained in pursuance of arrangements made by the Department under Article 55(1) or in respect of which grants are paid by the Department under Article 55(2);" (2) In Article 57 of the principal Order (salaries of teachers) - (a) in paragraph (1) for the words from "which" to "by the Ministry" there shall be substituted the words "of further education and in colleges of education" and for the words "or institution" where they twice occur there shall be substituted the words "institution or college";and at the end of that Article there shall be added the following paragraph:- [page 6] "(4) Regulations made under paragraph (1) may make provision for such allowances in addition to salary as are specified in the regulations.".(3) In Article 58 of the principal Order (qualifications, and terms and conditions of employment, of teachers) after the word "institution" or "institutions" wherever it occurs there shall be inserted the words "of further education". (4) In Article 59 of the principal Order (interchange of teachers with teachers outside Northern Ireland) after the word "institutions" there shall be added the words "of further education or colleges of education". 9 Loans to officers of boards for purchase of motor cars and motor cycles After Article 71 of the principal Order there shall be inserted the following Article: - "71A Loans to officers for purchase of motor cars and motor cycles10 Compulsory acquisition of land for purposes of maintained school or voluntary grammar school In paragraph (2) of Article 95 of the principal Order (compulsory acquisition of land) after the words "this Order" there shall be inserted the words "or which it considers is required for the purposes of a maintained school or for the purposes of a voluntary grammar school the trustees or governing body of which have entered into an agreement under Schedule 6" and after that paragraph there shall be inserted the following paragraph: - "(2A) Where land acquired otherwise than by agreement for the purposes of a voluntary school is disposed of by a board to the trustees or governing body of the school, the land shall vest in those trustees or that body subject to such conditions, including provision for the revesting of the land in the board in the event of the land not being, or not continuing to be, used or required for approved purposes of that school, as the board may, with the approval of the Department, determine.".11 Building grants for voluntary schools (1) At the end of paragraph (5) of Article 106 of the principal Order there shall be added the words "but such regulations shall not apply to cases to which paragraph (6), (7) or (8) applies". (2) For Article 106(6) of the principal Order there shall be substituted the following paragraphs: - "(6) Where any premises of a school in respect of which the Department, at any time after the date of the coming into operation of the Education (Northern Ireland) Order 1978, has paid a grant under paragraph (1)(a) cease to be used for approved purposes of a grant-aided school, there shall be payable to the Department by the persons to whom the grant was paid or their successors in title such sum as the Department considers equitable but not exceeding such proportion of the value of the premises as the proportion that the amount of the grant was of the approved cost of the [page 7] provision or alteration of the premises together with interest on that sum from the date on which the premises ceased to be used as aforesaid until the date of payment to the Department.12 Accounts and audit (1) For paragraphs (2) to (5) of Article 107 of the principal Order there shall be substituted the following paragraphs:- [page 8] "(2) In respect of the financial year ending on 31st March 1978 and each succeeding financial year -(2) In paragraph 4 of Schedule 11 to the principal Order for the word "directs" there shall be substituted the words "may direct" and after that paragraph there shall be inserted the following paragraphs: -(a) each board shall prepare and submit annually to the Comptroller and Auditor-General for Northern Ireland a statement of accounts before such date, in such form and containing such information as the Department, with the approval of the Department of Finance, may direct and shall before that date send a copy thereof to the Department;(3) The Comptroller and Auditor-General for Northern Ireland in the discharge of his functions under this Article shall have right of access to the books, accounts and records of the Department and the boards and may require from any member or officer or former member or officer of a board such information relating to the affairs of the board as he may consider necessary for the proper performance of those functions.". "(4A) In respect of the financial year ending on 31st March 1978 and each succeeding financial year -(a) the Staff Commission shall prepare and submit to the Comptroller and Auditor-General for Northern Ireland a statement of accounts before such date, in such form and containing such information as the Department, with the approval of the Department of Finance, may direct and shall before that date send a copy thereof to the Department;(4B) The Comptroller and Auditor-General for Northern Ireland in the discharge of his functions under this paragraph shall have right of access to the books, accounts and records of the Staff Commission and may require from any member, officer or servant or former member, officer or servant of the Staff Commission such information relating to the affairs of the Staff Commission as he may think necessary for the proper performance of those functions.". [page 9] (3) In paragraph 4 of Schedule 11 to the principal Order the words from "and those accounts" onwards shall cease to have effect. (4) Nothing in this Article shall have effect in relation to any financial year ended on or before 31st March 1977. 13 Vacation of office by members of boards (1) In paragraph 6(3) of Schedule 2 to the principal Order (declaration that office of member of board is vacant) the words "(except for a reason approved by the Minister)" and the words "by resolution declare the office to be vacant and shall" shall cease to have effect. (2) After paragraph 6(3) of Schedule 2 to the principal Order there shall be inserted the following sub-paragraphs:- "(3A) Attendance as a member of a board at any meeting of a committee of the board (other than a committee to which Article 8 or 24 applies) shall for the purposes of sub-paragraph (3) be regarded as an attendance at a meeting of the board.14 Appointment of assessor to Northern Ireland Certificate of Secondary Education Examinations Board In paragraph 4 (1) of Schedule 14 to the principal Order (appointment of assessors to Northern Ireland Certificate of Secondary Education Examinations Board) for the words "Northern Ireland Youth Employment Service Board" there shall be substituted the words "Head of the Department of Manpower Services". 15 Arrangements regarding examinations in relation to institutions of further education The powers of the Northern Ireland General Certificate of Education Examinations Board and the Northern Ireland Certificate of Secondary Education Examinations Board under paragraph 6(2) of Schedule 14 to the principal Order to make arrangements regarding examinations shall include power to make such arrangements in relation to institutions of further education and accordingly in heads (b) and (c) of that paragraph after the words "groups of schools" there shall be inserted the words "or by individual institutions of further education or groups of such institutions or groups of schools and such institutions". 16 Amendment of Ulster College Act (Northern Ireland) 1968 (1) The body corporate established by regulations under subsection (1) of section 1 of the Ulster College Act (Northern Ireland) 1968 (c. 14 (N.I.)) shall be called the Governors of the Ulster Polytechnic instead of the Governors of the Ulster College and accordingly in that subsection and in any other statutory provision (within the meaning of section 1(1) of the Interpretation Act (Northern Ireland) 1954) referring to those Governors or the college of which they are Governors for the words "Ulster College" there shall be substituted the words "Ulster Polytechnic". (2) After subsection (3) of the said section 1 there shall be added the following subsections:- [page 10] "(4) The Department may, after consultation with the Governors, by order subject to affirmative resolution, make such change regarding the name by which the Governors are to be called as the Department thinks desirable and such order may make such amendment of any statutory provision as is necessary in consequence of such further change.17 Accounts of the Sports Council for Northern Ireland (1) For paragraphs (2) to (4) of Article 5 of the Recreation and Youth Service (Northern Ireland) Order 1973 (S.I. 1973/961 (N.I. 12)) there shall be substituted the following paragraphs:- "(2) In respect of the financial year ending on 31st March 1978 and each succeeding financial year -(2) Nothing in this Article shall have effect in relation to any financial year ended on or before 31st March 1977.(a) the Sports Council shall prepare and submit to the Comptroller and Auditor-General for Northern Ireland a statement of accounts before such date, in such form and containing such information as the Department, with the approval of the Department of Finance, may direct and shall before that date send a copy thereof to the Department;(3) The Comptroller and Auditor-General for Northern Ireland in the discharge of his functions under this Article shall have right of access to the books, accounts and records of the Sports Council and may require from any member or officer or former member or officer of the Sports Council such information relating to the affairs of the Council as he may think necessary for the proper performance of those functions.". [page 11] 18 Minor amendments and repeals (1) In addition to the amendments contained in the foregoing provisions of this Order, the provisions of the principal Order set out in Schedule 1 shall be amended in the manner specified therein. (2) The provisions of the principal Order set out in Part I of Schedule 2 being spent or unnecessary are hereby repealed and the enactment set out in Part II of that Schedule is hereby repealed to the extent specified therein.
N. E. Leigh,
Article 18(1) 1. In ArticleI 6(7) for the words "so given and such instruction" there shall be substituted the words "given in the school and instruction given by virtue of this paragraph". 2. In Article 36 after paragraph (5) there shall be inserted the following paragraph: "(5A) In paragraph (5) "enactment" includes an enactment of the Parliament of the United Kingdom.".3. In Article 67(1) for the words "committee or sub-committee of the board" there shall be substituted the words "of a committee of the board or a sub-committee thereof". 4. In Article 71(2) for the words "paragraphs (1) and (3)" there shall be substituted the words "paragraph (3)". 5. In Article 84, in paragraph (3), for the words "committees or sub-committees of the board" there shall be substituted the words "of the board or committees of the board or sub-committees thereof" and in paragraph (7) the words "of a board" where they last occur shall cease to have effect. In Article 86(2) the words "other than a teaching appointments committee" shall cease to have effect. In Schedule 3, in paragraph 4, for the word "persons" there shall be substituted the words "members of the board". 6. In Schedule 10, in paragraph 9, for the words from "the provisions" onwards there shall be substituted the following: - "(a) the board shall refer the matter to the Department; Article 18(2) PROVISIONS OF PRINCIPAL ORDER REPEALED In Article 2(2) the definition of "scholarship". Article 4(3). Article 8(6) and (7). [page 12] In Article 12 paragraphs (1) and (2) and in paragraphs (4) and (6) the words "under this Article". In Article 13 paragraphs (1) and (5) and in paragraph (6) the words "in accordance with the provisions of this Article". Article 24 (5) and (6). In Article 36, in paragraph (2) the words from "but where" onwards and paragraph (4). Article 56(2). In Article 57, in paragraph (3)(a) the words from "including" onwards and in paragraph (3)(b) the words "or institution". In Article 71, paragraph (1), in paragraph (3) the words from "but" onwards and paragraph (8). Article 82. In Article 84(7), the words "of a board" where they last occur. In Article 86(2), the words "other than a teaching appointments committee". In Article 103, paragraph (3) and in paragraph (4) the words "paragraph (3) or". In Article 104(1) the words from "and may make grants" onwards. Article 123. Article 126. In Schedule 2, paragraph 1(7) and in paragraph 6(3) the words "(except for a reason approved by the Minister)" and the words "by resolution declare the office to be vacant and shall". In Schedule 5, paragraphs 3(1) and (2), and 6. In Schedule 10, Parts IV and V. In Schedule 11, in paragraph 4 the words from "and those accounts" onwards. In Schedule 13, paragraph 1(5). In Schedule 14, paragraphs 1(4) and 3 (7). OTHER REPEALS The Social Security Benefits Act 1975 (c. 11), section 3(6).
[page 13] This Order makes amendments to the Education and Libraries (Northern Ireland) Order 1972 the principal of which are - (1) to enable education and library boards to appoint committees not all the members of which are members of the board;The Order also amends the Ulster College Act (Northern Ireland) 1968 and makes changes regarding the accounts of the Sports Council for Northern Ireland and their audit. |