Legislation

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.

© Crown copyright material is reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland.

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Article

1 Title and commencement
2 Interpretation
3 Committees of boards
4 Grants to certain voluntary schools
5 Proposals as to primary and secondary education
6 Provision of award
7 Selection of students for teacher training
8 Provisions as to teachers
9 Loans to officers of boards for purchase of motor cars and motor cycles
10 Compulsory acquisition of land for purposes of maintained school or voluntary grammar school
11 Building grants for voluntary schools
12 Accounts and audit
13 Vacation of office by members of boards
14 Appointment of assessor to Northern Ireland Certificate of Secondary Education Examinations Board
15 Arrangements regarding examinations in relation to institutions of further education
16 Amendment of Ulster College Act (Northern Ireland) 1968
17 Accounts of the Sports Council for Northern Ireland
18 Minor amendments and repeals

Schedule 1 - Minor amendments of principal Order
Schedule 2 -

Part I Provisions of principal Order repealed
Part II Other repeals

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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.

(7) A board shall not authorise any committee (other than its teaching appointments committee) any member or members of which are not members of the board or a sub-committee to perform functions on behalf of, or in the name of, the board.".

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: -

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"(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.".

(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

(1) Where a board proposes to establish a new grant-aided school, to have an existing school recognised as a grant-aided school, to discontinue a grant-aided school or to make a significant change in the character or size of a grant-aided school, the board shall submit the proposal to the Department and where a person other than a board so proposes, that person shall submit the proposal to the board for the area in which the school is or is to be situated and that board shall submit the proposal to the Department together with its views thereon.

(2) It shall, where the Department so directs, be the duty of a board to make such a proposal under paragraph (1) as is specified in the direction and to submit it to the Department.

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

(4) A board, before submitting a proposal to the Department under paragraph (1), shall consult the managers or persons representing the managers of any school or schools which would, in the opinion of the board, be affected by the proposal.

(5) A board, after submitting a proposal to the Department under paragraph (1), shall -

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

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

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

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(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.

(7) A proposal made under paragraph (1) shall not be implemented until it has been approved by the Department.

(8) Any dispute as to whether a change is a significant change for the purposes of this Article shall be determined by the Department.".

(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

(1) It shall be the duty of boards to make awards to such persons or persons of such description as are specified in regulations made by the Department for the purpose of enabling or encouraging those persons to take advantage of such educational facilities as are specified in the regulations or designated by the Department for the purposes of the regulations.

(2) Regulations made under paragraph (1) may specify the amount of the awards to be made thereunder and the terms and conditions subject to which they are to be made and shall, if they so provide, have effect from a date prior to the date on which they are made.

(3) A board 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 being awards of such amount, to persons of such description and granted on such conditions as have been approved by the Department.

40 Provision of awards by the Department

(1) The Department may make awards to persons in respect of their attendance at courses at universities, colleges or other institutions being courses for the training of teachers or postgraduate courses or courses

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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) The Department may, by regulations, specify for the purpose of such cases as it considers desirable the persons or persons of such description to whom awards may be made under this Article and the terms, conditions and amounts of such awards and such regulations shall, if they so provide, have effect from a date prior to the date on which they are made.".

""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.".

(1) In Article 2(2) of the principal Order (interpretation) after the definition of "clothing" there shall be inserted the following definition: -

""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";

(b) in paragraph (2) after the word "salary" there shall be inserted the words "or allowances";

(c) in paragraph (3) after the word "salaries" wherever it occurs there shall be inserted the words "and allowances (if any)" and in sub-paragraph (a) the words from "including" onwards and in sub-paragraph (b) the words "or institution" shall cease to have effect;

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"(4) Regulations made under paragraph (1) may make provision for such allowances in addition to salary as are specified in the regulations.".

(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 cycles

(1) For the purpose of facilitating officers of the board in the purchase of motor cars and motor cycles essential to the efficient, carrying out of their official duties, a board may, on such conditions as the Department may with the approval of the Department of the Civil Service determine, make loans to officers of the board at such rates of interest as the Department may, with the approval of the Department of Finance, determine.

(2) Such loans shall be made in accordance with a scheme prepared by the board and approved by the Department and shall be made only to such officers or officers of such description as are specified in the scheme.".

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.".

(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

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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.

(7) Where any site which has been acquired for the purposes of a grant-aided school and in respect of which site the Department has, at any time after the coming into operation of the Education (Northern Ireland) Order 1978, paid a grant under paragraph (1)(a) ceases in the opinion of the Department to be required for such purposes, 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 site as the proportion that the amount of the grant was of the approved cost of the acquisition of the site together with interest on that sum from the date on which the site so ceased to be required until the date of payment to the Department.

(8) Where the Department proposes to pay a grant under paragraph (1)(a) in respect of premises for a new school or of alterations of premises used or to be used as or for a school and the new or altered premises in the opinion of the Department replace any premises of an existing school the Department may either -

(a) reduce the amount of the grant so payable by such amount as the Department considers equitable; or

(b) attach to the grant a condition that when the replaced premises 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 amount as the, Department considers equitable.

(9) The amount by which a grant may be reduced under paragraph (8)(a) or the amount payable to the Department under paragraph (8)(b) shall consist of a sum not exceeding such proportion of the value of the replaced premises as the proportion that the amount of the grant is or was of the approved cost of the provision of the new or altered premises together with interest on that sum from the date on which the premises ceased to be used as aforesaid until the date of the payment of the grant under paragraph (8)(a) or, as the case may be, the payment to the Department under paragraph (8)(b).

(10) For the purposes of paragraphs (6), (7) and (9), the value of premises or a site shall be taken to be the amount which the premises or site might be expected to realise if sold in the open market on the date on which the premises ceased to be used or the site ceased to be required as aforesaid and where the Department certifies that it is not possible to reach agreement as to such value, the dispute as to such value may be referred to and determined by the Lands Tribunal for Northern Ireland.

(11) For the purposes of paragraphs (6), (7) and (9), interest shall be at such rate as may from time to time be determined by the Department of Finance under paragraph 18(2) of Schedule 6 to the Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.)).

(12) Any sum payable to the Department under this Article may be recovered as a debt due to the Department.".

(1) For paragraphs (2) to (5) of Article 107 of the principal Order there shall be substituted the following paragraphs:-

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"(2) In respect of the financial year ending on 31st March 1978 and each succeeding financial year -

(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;

(b) the Department shall prepare in such form as the Department of Finance may approve a summary of the statements of accounts of the boards and shall submit it to the Comptroller and Auditor" General for Northern Ireland;

(c) the Comptroller and Auditor-General for Northern Ireland shall examine and certify the statement of accounts submitted to him by each board and the summary thereof submitted to him by the Department; and

(d) the Department shall lay before the Northern Ireland Assembly a copy of the certified statement of accounts of each board and of the certified summary together with a copy of any report thereon of the Comptroller and Auditor-General for Northern Ireland.

(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;

(b) the Comptroller and Auditor-General for Northern Ireland shall examine and certify the statement of accounts submitted to him by the Staff Commission; and

(c) the Department shall lay before the Northern Ireland Assembly a copy of the certified statement of accounts of the Staff Commission together with a copy of any report thereon of the Comptroller and Auditor-General for Northern Ireland.

(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.".

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(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.

(3B) The Head of the Department when notified under sub-paragraph (3) that an office has become vacant because of the absence of a member of a board from meetings of the board, having considered the reason for his absence, may, if he thinks it desirable in the circumstances, re-appoint that person as a member of that 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:-

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"(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.

(5) No defect in the qualification or appointment of any person acting as a Governor or as a member of any committee of the Governors shall invalidate any proceedings of the Governors or of any such committee in which he has taken part.

(6) Subject to the provisions of any regulations made under this section as to quorum, the Governors may act notwithstanding any vacancy in their number or any vacancy in, or non-appointment to, any post carrying with it the office of Governor and notwithstanding that the full number of Governors cannot for any reason be constituted.

(7) The Governors 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) In subsection (4) "statutory provision" has the same meaning as in section 1(f) of the Interpretation Act (Northern Ireland) 1954.".

(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 -

(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;

(b) the Comptroller and Auditor-General for Northern Ireland shall examine and certify the statement of accounts submitted to him by the Sports Council; and

(c) the Department shall lay before the Northern Ireland Assembly a copy of the certified statement of accounts of the Sports Council together with a copy of any report thereon of the Comptroller and Auditor-General for Northern Ireland.

(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.".

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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,
Clerk of the Privy Council.

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.".

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;

(b) the Department shall consider any representations made to it by the board or the management committee; and

(c) the Department shall determine whether the teacher should or, as the case may be, should continue to be employed in that school or institution.".

Article 18(2)

In Article 2(2) the definition of "scholarship".

Article 4(3).

Article 8(6) and (7).

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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).

The Social Security Benefits Act 1975 (c. 11), section 3(6).

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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;

(2) further provision as to payment of grants to voluntary primary, intermediate and special schools which are not maintained schools towards expenditure incurred on maintenance of equipment and in payment of insurance premium;

(3) provision for the establishment of new grant-aided schools, recognition of existing schools as grant-aided, and discontinuance or making of significant change in character or size of existing grant-aided schools;

(4) new provision regarding awards by Department of Education for Northern Ireland and by education and library boards and the selection of students for teacher training;

(5) provision for the making of loans to officers of education and library boards to facilitate the purchase by them of cars and motor cycles essential to the carrying out of their official duties;

(6) extension of power to acquire land compulsorily to include land required for purposes of a maintained school or voluntary grammar school;

(7) further provision regarding payments to the Department in respect of voluntary schools which cease to be used or sites which cease to be required for approved purposes and reduction of grants in respect of voluntary schools which replace existing schools;

(8) new provisions regarding the accounts of education and library boards and their audit and the vacation of office by members of those boards.