SCHEDULES
SCHEDULE 1
Article 3(2)
SCHEDULE 4 TO PRINCIPAL ORDER, AS SUBSTITUTED
"SCHEDULE 4
MEMBERSHIP OF BOARD OF GOVERNORS OF CONTROLLED SCHOOLS
1 (1) The Board of Governors of one or more than one controlled school shall consist of -
(a) such number of persons (in this Schedule referred to as "voting members") as the board may, subject to paragraphs 2 to 5, determine; and
(b) the principal of the school, or each of the schools, who, subject to sub-paragraph (2), shall be entitled to attend and take part in meetings of the Board of Governors but not to vote on any question.
(2) Where two or more schools are grouped under one Board of Governors, the principal of a school shall not be entitled to attend or take part in any meeting of the Board of Governors whenever a matter relating exclusively to one or more of the other schools is being discussed.
Controlled primary schools (other than nursery or integrated schools)
2 (1) There shall be 9, 16 or 24 voting members appointed to the Board of Governors of one or more than one controlled primary school, other than a controlled nursery school or controlled integrated primary school.
(2) Subject to paragraph 6, where there are 9 voting members appointed to such a Board of Governors, then of those members -
(a) four shall be nominated by the transferors and superseded managers of the school or schools;
(b) two shall be elected by parents of pupils attending the school or schools from amongst the parents of such pupils;
(c) two shall be chosen by the board responsible for the management of the school or schools;
(d) one shall be elected by assistant teachers at the school or schools from amongst such assistant teachers.
(3) Where there are 16 or 24 voting members appointed to such a Board of Governors, sub-paragraph (2) shall apply as if for the numbers mentioned in heads (a), (b), (c) and (d) of that sub-paragraph there were substituted the fractions three-eighths, one-quarter, one-quarter and one-eighth respectively.
Controlled intermediate schools (other than technical or integrated schools)
3 (1) There shall be 9, 16 or 24 voting members appointed to the Board of Governors of a controlled intermediate school, other than a technical intermediate school or a controlled integrated intermediate school.
(2) Subject to paragraph 6, where there are 9 voting members appointed to such a Board of Governors, then of those members -
(a) four shall be nominated by the Boards of Governors of contributory schools from amongst members of those Boards of Governors who have been nominated by the transferors and superseded managers of the contributory schools;
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(b) two shall be elected by parents of pupils attending the school from amongst parents of such pupils;
(c) two shall be chosen by the board responsible for the management of the school;
(d) one shall be elected by assistant teachers at the school from amongst such assistant teachers.
(3) Where there are 16 or 24 voting members appointed to such a Board of Governors, sub-paragraph (2) shall apply as if for the numbers mentioned in heads (a), (b), (c) and (d) of that sub-paragraph there were substituted the fractions three-eights, one-quarter, one-quarter and one-eighth respectively.
Controlled nursery, grammar and special schools
4. There shall be 8, 16 or 24 voting members appointed to the Board of Governors of a controlled nursery school, a controlled grammar school or a controlled special school and, subject to paragraph 6, of those members -
(a) three-eighths shall be chosen by the board responsible for the management of the school;
(b) one-quarter shall be nominated by the Head of the Department;
(c) one-quarter shall be elected by parents of pupils attending the school from amongst the parents of such pupils;
(d) one-eighth shall be elected by assistant teachers at the school from amongst such assistant teachers.
Controlled integrated schools
5. There shall be 14 or 21 voting members appointed to the Board of Governors of one or more than one controlled integrated school and, subject to paragraph 6, of those members -
(a) two-sevenths shall be elected by parents of pupils attending the school or schools from amongst the parents of such pupils;
(b) two-sevenths shall be chosen by the board responsible for the management of the school or schools;
(c) one-seventh shall be nominated by the transferors and superseded managers of controlled schools in the area of the board responsible for the management of the school or schools;
(d) one-seventh shall be nominated by the nominating trustees of maintained schools in the area of the board responsible for the management of the school or schools;
(e) one-seventh shall be elected by assistant teachers at the school or schools from amongst such assistant teachers.
Provisions supplementary to paragraphs 2 to 5
6 (1) Where the board proposes to appoint persons to a Board of Governors under paragraph 2(2)(a) it shall serve on the transferors and superseded managers who are to nominate persons for that purpose a notice -
(a) stating the board's intention to appoint such persons; and
(b) requesting the transferors and superseded managers to make nominations to the board within a period of 21 days from the date on which the notice is served;
and where the transferors and superseded managers fail to make any nomination requested by such a notice within that period the board may appoint
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such persons as it considers to be suitable for appointment, being persons who, so far as possible, are resident in the locality served by the school or schools under the management of the Board of Governors and the persons so appointed shall be deemed to have been duly nominated for the purposes of paragraphs 2(2)(a) and 3(2)(a).
(2) Where the board proposes to appoint persons to a Board of Governors under paragraph 3(2)(a) it shall serve on the Boards of Governors of contributory schools who are to nominate persons for that purpose a notice -
(a) stating the board's intention to appoint such persons; and
(b) requesting the Boards of Governors to make nominations to the board within a period of 21 days from the date on which the notice is served;
and where such Boards of Governors fail to make any nomination requested by such a notice within that period the board may appoint such persons as it considers to be representative of the transferors and superseded managers of the contributory schools and the persons so appointed shall be deemed to have been duly nominated for the purposes of paragraph 3(2)(a).
(3) Where the board proposes to appoint persons to a Board of Governors under paragraph 5(c) or (d) it shall serve on the transferors and superseded managers or the nominating trustees (as the case may be) who are to nominate persons for that purpose a notice -
(a) stating the board's intention to appoint such persons; and
(b) requesting the transferors, superseded managers or nominating trustees to make nominations to the board.
(4) The board shall, with the approval of the Department, make arrangements for the election of persons under paragraphs 2(2)(b) and (d), 3(2)(b) and (d), 4(c) and (d) and 5(a) and (e) and such arrangements shall ensure that any vote taken for the purpose of any such election shall be by secret ballot.
(5) Where it is not practicable to appoint to a Board of Governors under paragraph 2(2)(a) persons nominated by the transferors or superseded managers because a school is not a transferred school or does not supersede any other school or schools, the board shall appoint in their place an equivalent number of persons appearing to the board to be representative of transferors and superseded managers in the area of the board as a whole and those persons shall, so far as possible, be persons resident in the locality served by the school or schools under the management of the Board of Governors and shall be deemed to have been duly nominated for the purposes of paragraphs 2(2)(a) and 3(2)(a).
Interpretation
7. In this Schedule -
"assistant teacher" means a teacher, other than the principal or a temporary or part-time teacher, employed on the staff of a school;
"superseded managers" means the persons who were formerly trustees or managers of any schools which have been superseded by schools under the management of boards or, if those persons were recognised by the Department as such trustees or managers by virtue of any office, then, their successors in such office;
"nominating trustees" has the meaning assigned to it by paragraph 2(3) of Schedule 5.".
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SCHEDULE 2
Article 4(2)
PART I OF SCHEDULE 5 TO THE PRINCIPAL ORDER, AS SUBSTITUTED
"SCHEDULE 5
MAINTAINED SCHOOLS
PART I
CONSTITUTION OF BOARD OF GOVERNORS FOR MAINTAINED SCHOOL
1 (1) Subject to sub-paragraphs (4) and (5), a board shall, if requested by the managers or trustees of a voluntary school other than a voluntary grammar school, make provision in accordance with this Part for the constitution of a Board of Governors for that school.
(2) A board may, with the approval of the Department, make provision for the constitution of one Board of Governors for two or more voluntary primary schools, other than nursery schools, where the managers or trustees of the schools so request.
(3) Nothing in any instrument of government of a school shall -
(a) prevent the constitution of a Board of Governors for that school in accordance with a scheme complying with paragraph 2 or the doing by the managers or trustees of that school of anything necessary for or incidental to the constitution and functioning of such a Board of Governors; or
(b) restrict the powers under sub-paragraph (2) of the managers or trustees of that school or the application of that sub-paragraph to that school.
(4) Without prejudice to the right of the managers or trustees to make a further request under sub-paragraph (1), a board may, with the approval of the Department, refuse to make provision for the constitution of a Board of Governors for a school but the Department shall not give such approval unless the board satisfies it that the condition of the premises of the school is such that it would be unreasonable to expect the board to assume responsibility for the maintenance of those premises.
(5) The managers or trustees of a school or schools may, at any time before they have signified their agreement to a scheme complying with paragraph 2 for the school or schools, withdraw their request under this paragraph.
2 (1) A scheme under Article 9(2) for one or more than one maintained school shall be framed by the board, after consultation with the managers or trustees of the school or schools, and shall, so far as it relates to the constitution of a Board of Governors, comply with the following provisions of this paragraph.
(2) The Board of Governors of one or more than one maintained school shall consist of -
(a) 10, 18 or 27 persons (in this paragraph referred to as voting members); and
(b) the principal of the school, or each of the schools, who, subject to sub-paragraph (5), shall be entitled to attend and take part in meetings of the Board of Governors but not to vote on any question.
(3) Where there are 10 voting members of the Board of Governors of one or more than one maintained school, then of those members -
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(a) six shall be nominated -
(i) when appointments are first made to the Board of Governors, by the managers or trustees of the school or schools,
(ii) on any subsequent appointment to the Board of Governors, by such persons (to be known as "nominating trustees") and in such manner as the scheme may provide,
at least one of whom shall, at the time of his appointment, be a parent of a pupil attending the school or one of the schools;
(b) two shall be nominated by the board;
(c) one shall be elected by parents of pupils attending the school or schools from amongst the parents of such pupils;
(d) one shall be elected by assistant teachers at the school or schools from amongst such assistant teachers.
(4) Where there are 18 or 27 voting members of the Board of Governors of one or more than one maintained school, sub-paragraph (3) shall apply as if for the numbers mentioned in heads (a), (b), (c) and (d) of that subparagraph there were substituted the fractions five-ninths, two-ninths, one-ninth and one-ninth respectively.
(5) Where two or more schools are grouped under one Board of Governors, the principal of a school shall not be entitled to attend or take part in any meeting of the Board of Governors whenever a matter relating exclusively to one or more of the other schools is being discussed.
(6) The Board of Governors shall, with the approval of the Department, make arrangements for the election of persons under sub-paragraph (3)(c) and (d) and such arrangements shall ensure that any vote taken for the purpose of any such election shall be by secret ballot.".
SCHEDULE 3
Article 4(3)
SCHEDULE 6 TO THE PRINCIPAL ORDER, AS SUBSTITUTED
"SCHEDULE 6
MEMBERSHIP OF BOARD OF GOVERNORS OF VOLUNTARY GRAMMAR SCHOOL ENTERING INTO AGREEMENT WITH DEPARTMENT OR BOARD AND OF DIRECT GRANT VOLUNTARY INTERMEDIATE SCHOOL
1 (1) The trustees or Board of Governors of -
(a) a voluntary grammar school; or
(b) a school to which, by virtue of Article 7 of the Education (Northern Ireland) Order 1984, Part III of that Order applies,
shall, notwithstanding anything in any instrument of government of the school, have power to enter into an agreement with the Department conferring on the Head of the Department the right to appoint members to the Board of Governors of the school in accordance with paragraph 3(2)(b).
(2) The trustees or Board of Governors of -
(a) a voluntary grammar school; or
(b) a direct grant voluntary intermediate school,
shall, notwithstanding anything in any instrument of government of the school, have power to enter into an agreement, approved by the Department,
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with one or more than one board conferring on the board or boards the right to appoint members to the Board of Governors of the school in accordance with paragraph 3(2)(b).
(3) An agreement under sub-paragraph (1) shall provide that the Head of the Department, before making an appointment to the Board of Governors of the school, shall consult the Board of Governors of the school and the board for the area in which the school is situated and may consult any other board which he considers appropriate.
(4) Any agreement made or having effect as if made under this paragraph by the trustees or Board of Governors of a voluntary grammar school shall continue to have effect in relation to the school if it becomes a school to which Part III of the Education (Northern Ireland) Order 1984 applies and if it then becomes a direct grant voluntary intermediate school.
2. Notwithstanding anything in any instrument of government of -
(a) a voluntary grammar school the trustees or Board of Governors of which have entered into an agreement under paragraph 1(1) or 1(2); or
(b) a direct grant voluntary intermediate school,
the Board of Governors of the school shall be constituted in accordance with paragraph 3.
3 (1) The Board of Governors of the school shall consist of -
(a) 10, 18, 27 or 36 persons (in this paragraph referred to as voting members); and
(b) the principal of the school who shall be entitled to attend and take part in meetings of the Board of Governors but not to vote on any question.
(2) Where there are 10 voting members of the Board of Governors of the school, then of those members -
(a) six shall be appointed as provided by the scheme approved under Article 9(2), at least one of whom shall, at the time of his appointment, be a parent of a pupil attending the school;
(b) two shall be appointed -
(i) where the trustees or Board of Governors have entered into an agreement under paragraph 1(1), by the Head of the Department;
(ii) where the trustees or Board of Governors have entered into an agreement under paragraph 1(2), by the board or boards;
(iii) where the trustees or Board of Governors have entered into agreements both under paragraphs 1(1) and 1(2), by the Head of the Department and the board or boards in accordance with the terms of such agreements but subject to sub-paragraph (6);
(c) one shall be elected by parents of pupils attending the school from amongst parents of such pupils;
(d) one shall be elected by assistant teachers at the school from amongst such assistant teachers.
(3) Where there are 18, 27, or 36 members of the Board of Governors of the school, sub-paragraph (2) shall apply as if for the numbers mentioned in heads (a), (b), (c) and (d) of that sub-paragraph there were substituted the fractions five-ninths, two-ninths, one-ninth and one-ninth respectively.
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(4) Subject to sub-paragraph (5), persons elected to the Board of Governors under sub-paragraph (2)(c) and (d) shall hold office for a period of four years from the date on which they were elected.
(5) If a person referred to in sub-paragraph (4) ceases to hold office before the end of the period referred to in that sub-paragraph, any person elected to replace him shall hold office only for the remainder of that period.
(6) Where the trustees or Board of Governors of the school -
(a) enter into an agreement under paragraph 1(1) at a time when members have been appointed by one or more than one board to the Board of Governors of the school under a prior agreement entered into under paragraph 1(2); or
(b) enter into an agreement under paragraph 1(2) at a time when members have been appointed by the Head of the Department to the Board of Governors of the school under a prior agreement entered into under paragraph 1(1),
then, until the expiration of the period for which those members have been appointed under the prior agreement and notwithstanding sub-paragraphs (1)(a) and (2)(b)(iii), such number of members may be appointed for that period to the Board of Governors of the school by the Head of the Department or, as the case may be, the board or boards as is provided for in the subsequent agreement.
(7) The Board of Governors shall, with the approval of the Department, make arrangements for the election of persons under sub-paragraph (2)(c) and (d) and such arrangements shall ensure that any vote taken for the purpose of any such election shall be by secret ballot.
(8) Where under any instrument of government of a school assets of a capital nature held for the purposes of or in connection with the school are vested in the Board of Governors of the school, the persons elected to the Board of Governors of the school under sub-paragraph (2)(c) and (d) shall, unless the other members of the Board of Governors otherwise determine, not be entitled to attend or take part in any meeting of the Board of Governors whenever a matter relating to the acquisition, disposal or management of such assets is being discussed or to vote on any question relating to such a matter.
4. In this Schedule "assistant teacher" has the meaning assigned to it by paragraph 7 of Schedule 5.".
SCHEDULE 4
Article 4(4)
SCHEDULE 6A TO THE PRINCIPAL ORDER, AS INSERTED
"SCHEDULE 6A
MEMBERSHIP OF BOARD OF GOVERNORS OF VOLUNTARY GRAMMAR SCHOOL NOT ENTERING INTO AGREEMENT WITH DEPARTMENT OR BOARD
1. Notwithstanding anything in any instrument of government of a voluntary grammar school the trustees or Board of Governors of which have not entered into an agreement under paragraph 1 of Schedule 6, the Board of Governors of the school shall be constituted in accordance with paragraph 2.
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2 (1) The Board of Governors of the school shall consist of -
(a) the persons appointed as provided by the scheme approved under Article 9(2), at least one of whom shall, at the time of his appointment, be a parent of a pupil attending the school;
(b) either one or two persons elected in accordance with sub-paragraphs (2) and (5) by parents of pupils attending the school from amongst the parents of such pupils;
(c) either one or two persons elected in accordance with sub-paragraphs (2) and (5) by assistant teachers at the school from amongst such assistant teachers;
(d) the principal of the school, who shall be entitled to attend and take part in meetings of the Board of Governors but not to vote on any question.
(2) Where the number of persons who are members of the Board of Governors by virtue of sub-paragraph (1)(a) is 13 or less, one person shall be elected to the Board of Governors under sub-paragraph (1)(b) and one person under sub-paragraph (1)(c); and where the number of such persons is 14 or more, two persons shall be elected to the Board of Governors under sub-paragraph (1)(b) and two persons under sub-paragraph (1)(c).
(3) Subject to sub-paragraph (4), persons elected to the Board of Governors under sub-paragraph (1)(b) and (c) shall hold office for a period of four years from the date on which they were elected.
(4) If a person referred to in sub-paragraph (3) ceases to hold office before the end of the period referred to in that sub-paragraph, any person elected to replace him shall hold office only for the remainder of that period.
(5) The Board of Governors shall, with the approval of the Department, make arrangements for the election of persons under sub-paragraph (1)(b) and (c) and such arrangements shall ensure that any vote taken for the purpose of any such election shall be by secret ballot.
(6) Where under any instrument of government of a school assets of a capital nature held for the purposes of or in connection with the school are vested in the Board of Governors of the school, the persons elected to the Board of Governors of the school under sub-paragraph (1)(b) and (c) shall, unless the other members of the Board of Governors otherwise determine, not be entitled to attend or take part in any meeting of the Board of Governors whenever a matter relating to the acquisition, disposal or management of such assets is being discussed or to vote on any question relating to such a matter.
3. In this Schedule "assistant teacher" has the meaning assigned to it by paragraph 7 of Schedule 5.".
SCHEDULE 5
Article 4(4)
SCHEDULE 6B TO THE PRINCIPAL ORDER, AS INSERTED
"SCHEDULE 6B
MEMBERSHIP OF BOARD OF GOVERNORS OF VOLUNTARY SCHOOL WHICH HAS CEASED TO BE MAINTAINED SCHOOL
1. Notwithstanding anything in any other instrument of government of a voluntary school to which Article 9(7) applies, the scheme under Article 9(2)
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for the school shall, so far as it relates to the constitution of the Board of Governors of the school, comply with the provisions of paragraph 2.
2 (1) The Board of Governors of the school shall consist of -
(a) 9, 18 or 27 persons (in this paragraph referred to as voting members); and
(b) the principal of the school who shall be entitled to attend and take part in meetings of the Board of Governors but not to vote on any question.
(2) Of the voting members of the Board of Governors of the school -
(a) seven-ninths shall be nominated by the nominating trustees and at least one of the persons so nominated shall, at the time of his nomination, be a parent of a pupil attending the school;
(b) one-ninth shall be elected by parents of pupils attending the school from amongst the parents of such pupils;
(c) one-ninth shall be elected by assistant teachers at the school from amongst such assistant teachers.
(3) Subject to sub-paragraph (4), persons elected to the Board of Governors under sub-paragraph (2)(b) and (c) shall hold office for a period of four years from the date on which they were elected.
(4) If a person referred to in sub-paragraph (3) ceases to hold office before the end of the period referred to in that sub-paragraph, any person elected to replace him shall hold office only for the remainder of that period.
(5) The Board of Governors shall, with the approval of the Department, make arrangements for the election of persons under sub-paragraph (2)(b) and (c) and such arrangements shall ensure that any vote taken for the purpose of any such election shall be by secret ballot.
3. In this Schedule -
"assistant teacher" has the meaning assigned to it by paragraph 7 of Schedule 5;
"nominating trustees" means -
(a) when appointments are first made to the Board of Governors, the persons who were the nominating trustees provided for in the scheme for the school when it was a maintained school;
(b) on any subsequent appointment to the Board of Governors, such persons as the scheme for the school complying with the provisions of paragraph 2 may provide.".
SCHEDULE 6
Article 16(2)
SCHEDULE 7A TO THE PRINCIPAL ORDER, AS INSERTED
"SCHEDULE 7A
ASSESSMENTS AND STATEMENTS OF SPECIAL EDUCATIONAL NEEDS
PART I
ASSESSMENTS
1 (1) If a board proposes to make an assessment of the educational needs of a child under Article 25, it shall, before doing so, serve notice on the child's parent informing him -
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(a) that the board proposes to make an assessment;
(b) of the procedure to be followed in making it;
(c) of the name of the officer of the board from whom further information may be obtained; and
(d) of his right to make representations, and submit written evidence, to the board within such period (not less than 29 days beginning with the date on which the notice is served) as may be specified in the notice.
(2) When the board has served a notice under sub-paragraph (1) and the period specified in the notice in accordance with sub-paragraph (1)(d) has expired, the board shall, if it considers it appropriate after taking into account any representations made and any evidence submitted to it in response to the notice, assess the educational needs of the child concerned.
(3) A board shall notify the child's parent in writing -
(a) where the board decides to make an assessment, of that decision and the board's reasons for making it;
(b) where, at any time after serving a notice under sub-paragraph (1), the board decides not to make an assessment, of that decision.
(4) If, after making an assessment of the educational needs of a child under Article 25, a board decides that it is not required to determine the special educational provision that should be made for him, then -
(a) the board shall notify the child's parent in writing of its decision and of the parent's right of appeal under this sub-paragraph;
(b) the parent may appeal in writing to the Department against the board's decision; and
(c) the Department may, on such an appeal, direct the board to reconsider its decision.
2 (1) The Department shall by regulations make provision as to the advice which a board is to seek in making assessments.
(2) Without prejudice to the generality of sub-paragraph (1), regulations made under that sub-paragraph shall require the board to seek medical, psychological and educational advice and such other advice as may be prescribed.
(3) The Department may by regulations make provision -
(a) as to the manner in which assessments are to be conducted; and
(b) in connection with such other matters relating to the making of assessments as the Department considers appropriate.
3 (1) Where a board proposes to make an assessment it may serve a notice on the parent of the child to be assessed requiring the child's attendance for examination in accordance with the provisions of the notice.
(2) The parent of a child examined under this paragraph shall be entitled to be present at the examination if he so desires.
(3) A notice under this paragraph shall -
(a) state the purpose of the examination;
(b) state the time and place at which the examination will be held;
(c) name an officer of the board from whom further information may be obtained;
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(d) inform the parent that he may submit such information to the board as he may wish; and
(e) inform the parent of his right to be present at the examination.
(4) A parent on whom a notice has been served under this paragraph and who, without reasonable excuse, fails to comply with any of the requirements of the notice shall, if the notice relates to a child who was not over compulsory school age at the time stated in the notice as the time for holding the examination, be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
4 (1) If the parent of a child in the area of a board for whom no statement is maintained by the board under Article 25B asks the board to arrange for an assessment to be made of the child's educational needs, the board shall comply with the request unless in its opinion the request is unreasonable.
(2) If the parent of a child for whom a statement is maintained by a board under Article 25B asks the board to arrange for an assessment of the child's educational needs under Article 25 and such an assessment has not been made within the period of six months ending with the date on which the request is made, the board shall comply with the request unless the board is satisfied that an assessment would be inappropriate.
PART II
STATEMENTS
5 (1) Before making a statement under Article 25B a board shall serve on the parent of the child concerned -
(a) a copy of the proposed statement; and
(b) a written explanation of the effect of sub-paragraphs (2) to (6).
(2) If the parent on whom a copy of a proposed statement has been served under sub-paragraph (1) disagrees with any part of the proposed statement, he may, before the expiry of the appropriate period, -
(a) make representations, or further representations, to the board about the content of the proposed statement;
(b) require the board to arrange a meeting between him and an officer of the board at which the proposed statement can be discussed.
(3) Where a parent, having attended a meeting arranged by a board under sub-paragraph (2)(b), disagrees with any part of the assessment in question, he may, before the expiry of the appropriate period, require the board to arrange one or more meetings under sub-paragraph (4).
(4) Where a board receives a request duly made under sub-paragraph (3), it shall arrange such meeting or meetings as it considers will enable the parent to discuss the relevant advice with the appropriate person or persons.
(5) In sub-paragraph (4) -
"relevant advice" means such of the advice given to the board in connection with the assessment as it considers to be relevant to that part of the assessment with which the parent disagrees;
"appropriate person" means the person who gave the relevant advice or any other person who, in the opinion of the board, is the appropriate person to discuss it with the parent.
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(6) In this paragraph "appropriate period" means the period of 15 days beginning -
(a) in the case of a request under sub-paragraph (2)(b), with the date on which the proposed statement mentioned in sub-paragraph (1)(a) was served on the parent;
(b) in the case of a request under sub-paragraph (3), with the date fixed for the meeting arranged under sub-paragraph (2)(b); and
(c) in the case of representations, or further representations, under sub-paragraph (2)(a) -
(i) with the date mentioned in head (a); or
(ii) if one or more meetings have been arranged under the preceding provisions of this paragraph, with the date fixed for the last of those meetings.
(7) Where any such representations are made to a board, it may, after considering those representations-
(a) make a statement in the form originally proposed;
(b) make a statement in a modified form; or
(c) determine not to make a statement;
and shall notify the parent in writing of its decision.
(8) On making a statement under Article 25B a board shall serve on the parent of the child concerned -
(a) a copy of the statement;
(b) notice in writing of his right under sub-paragraph (9), to appeal to the Department against the special educational provision specified in the statement; and-
(c) notice in writing of the name of the person to whom he may apply for information and advice about the child's special educational needs.
(9) A parent of a child for whom a statement is maintained under Article 25B may, following the first or any subsequent assessment of the child's educational needs under Article 25, appeal to the Department against the special educational provision specified in the statement.
(10) On an appeal under paragraph (9) the Department may, after consulting the board concerned -
(a) confirm the special educational provision specified in the statement;
(b) amend the statement so far as it specifies the special educational provision and make such other consequential amendments to the statement as it considers appropriate;
(c) direct the board to cease to maintain the statement.
6 (1) A statement under Article 25B shall be in the prescribed form and contain the prescribed information and shall, in particular -
(a) give details of the board's assessment of the special educational needs of the child; and
(b) specify the special educational provision to be made for the purpose of meeting those needs.
(2) The Department may by regulations -
(a) make provision with respect to the keeping, disclosure and transfer of statements;
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(b) prescribe the frequency with which assessments are to be repeated in respect of children for whom statements are maintained under Article 25B.
7. Every statement shall, on the making of an assessment of the educational needs of the child concerned under Article 25, be reviewed by a board and shall be reviewed in any event within the period of twelve months beginning with the making of the statement or, as the case may be, with the previous review.
8 (1) If a board proposes to amend, or to cease to maintain, a statement, the board shall, before doing so, serve on the parent of the child concerned notice in writing of its proposal and of the right of the parent to make representations under this paragraph.
(2) Any parent on whom a notice has been served under this paragraph may, within the period of 15 days beginning with the date on which the notice is served, make representations to the board about the proposal.
(3) A board shall consider any representations made to it under this paragraph and on taking a decision on the proposal to which those representations relate shall inform the parent in writing of its decision.
(4) This paragraph does not apply in any case where a board ceases to maintain a statement for a child who is no longer in its area or where amendments which are made to a statement are consequential upon the making, amendment or revocation of a school attendance order under Schedule 9.".
SCHEDULE 7
Article 34(2)
AMENDMENTS TO THE PRINCIPAL ORDER IN RELATION TO NEW CONSTITUTION AND POWERS OF NORTHERN IRELAND SCHOOLS EXAMINATIONS COUNCIL
For Article 109 substitute the following Article -
"Functions of Council
109. Without prejudice to any other provision of this Order, the functions of the Council shall be -
(a) to advise the Head of the Department on such matters relating to examinations for pupils receiving secondary education as he may from time to time refer to it or as the Council may think fit;
(b) to conduct, and award the appropriate certificates for, the relevant examinations, in accordance with such rules as the Council may determine.".
Article 111 shall cease to have effect.
Article 112(3) and (4) shall cease to have effect.
For Article 113 substitute the following Article -
"Grants to Council
113. The Department may pay to the Council grants of such amount as the Department may determine towards expenditure incurred or to be incurred by the Council.".
In Article 114 for paragraph (3) substitute the following paragraph -
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"(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 Council and may require from any member or officer or former member or officer of the Council such information relating to the affairs of the Council as he may consider necessary for the proper performance of those functions.".
In Article 114(4) for the words "the examinations for the Northern Ireland General Certificate of Education and the Northern Ireland Certificate of Secondary Education" substitute the words "the relevant examinations" and for the words "and the G.C.E. and C.S.E. Boards of their functions" substitute the words "of its functions".
In Article 115(1) -
(a) for the words "Schedules 13 and 14" substitute the words "Schedule 13";
(b) the definitions of "the C.S.E. Board" and "the G.C.E. Board" shall cease to have effect;
(c) at the end add -
"the relevant examinations" means -
(a) examinations for the Northern Ireland General Certificate of Education;
(b) examinations for the Northern Ireland Certificate of Secondary Education; and
(c) such other examinations as the Department, after consultation with the Council, may determine.".
In Article 115(2) for the words "or 14" substitute the words "or the definition of "the relevant examinations" in paragraph (1)".
In Article 121 the words from "The Northern Ireland General Certificate" to the end shall cease to have effect.
For Schedule 13 substitute the following Schedule -
"SCHEDULE 13
THE NORTHERN IRELAND SCHOOLS EXAMINATIONS COUNCIL
PART I
THE CONSTITUTION OF THE COUNCIL
1 (1) The Council shall consist of a Chairman appointed by the Head of the Department and not less than 37 nor more than 40 other members appointed by the Head of the Department in accordance with subparagraph (2).
(2) The other members shall be -
15 persons representing teachers in secondary schools;
3 persons representing teachers in institutions of further education;
12 persons representing universities and other institutions of higher education;
5 persons representing education and library boards; 2 persons representing industry and commerce;
[page 49]
and not more than 3 additional persons who in the opinion of the Head of the Department are suitable for appointment to the Council.
2 (1) The Head of the Department may appoint three assessors to the Council and the Head of the Department of Economic Development may appoint one such assessor.
(2) An assessor shall be entitled to receive notice of, and to attend and speak at, meetings of the Council and of committees and sub-committees thereof, but shall not be entitled to vote.
(3) Section 18(2) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) (except so much thereof as relates to remuneration) shall apply to the appointment of assessors under this paragraph.
3 (1) The term of office of the Chairman and the other members of the Council shall be three years or such shorter period as may be determined by the Head of the Department at the time the appointment is made but a person appointed to fill a casual vacancy shall hold office only for the remainder of the term for which the member he replaces was appointed.
(2) A member of the Council shall be eligible for re-appointment on the expiry of his period of office.
(3) A member shall be deemed to have vacated his office and the Council shall declare his place vacant in the following circumstances -
(a) where he gives to the Head of the Department a notice in writing of his resignation;
(b) where he becomes bankrupt or makes a composition with his creditors;
(c) where, in the opinion of the Head of the Department, he -
(i) becomes incapacitated to hold office, or
(ii) ceases to represent the interest for which he was appointed, and the Head of the Department so informs the Council in writing;
(d) where he is convicted of an indictable offence and is sentenced to a term of imprisonment of not less than three months; or
(e) where he fails, without leave of the Council, to attend any meetings of the Council or of a committee or sub-committee thereof for a period of twelve consecutive months.
PART II
SUPPLEMENTARY PROVISIONS AS TO THE COUNCIL
4. The Council shall make arrangements for the consideration by the Council of appeals against any decision or complaints against any action of the Council.
5 (1) The Council shall appoint a Finance Committee not less than one-third of the members of which shall be members for the time being appointed to the Council as representing education and library boards.
(2) The Council may appoint such other committees as it thinks fit.
(3) A committee appointed under sub-paragraph (2) may include persons who are not members of the Council.
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(4) The Council may delegate any of its functions to a committee but functions which relate to finance may be delegated only to the Finance Committee.
(5) The Council may authorise a committee to appoint sub-committees for such purposes as the Council may approve and the membership of such sub-committees may include persons who are not members of the Council or of the committee which appointed the sub-committee.
(6) The powers of any committee or any sub-committee appointed under this paragraph shall be exercised, and the proceedings of the committee or sub-committee shall be regulated, in accordance with, and subject to, any directions given by the Council.
6. The proceedings of the Council or of any committee or subcommittee shall not be invalidated by any vacancy in the membership of the Council, or of any committee or sub-committee, or by any defect in the appointment of a member.
7. Without prejudice to section 19(1)(a)(v) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)), the Council shall make standing orders relating to the convening of meetings of the Council and of committees and sub-committees, the fixing of the quorum, the conduct of business at meetings, the keeping of minutes, accounts and other records, the signing of cheques, the custody of deeds and other documents, the duties of officers and such other matters connected with the conduct of its business as it thinks fit.
8. The common seal of the Council shall, when applied to a document, be attested by the signatures of any two members of the Council authorised by the Council to act for that purpose.
9. The power of the Council under section 19(1)(a)(iv) of the Interpretation Act (Northern Ireland) 1954 to acquire, hold, dispose or charge real property shall not be exercised without the approval of the Department.
10 (1) The right of the Council under section 19(1)(a)(vi) of the Interpretation Act (Northern Ireland) 1954 to employ staff shall be exercised subject to any directions which may be given by the Department, with the approval of the Department of Finance and Personnel, with respect to the number and terms and conditions of service of persons employed or to be employed by the Council.
(2) The officers of the Council shall be appointed at such rates of remuneration as the Council may, with the consent of the Department given subject to the approval of the Department of Finance and Personnel, determine.
(3) The Council may, in accordance with arrangements determined by the Department with the approval of the Department of Finance and Personnel, make provision for the payment on death or retirement of pensions, gratuities or other like benefits to or in respect of the service of officers of the Council.
(4) The Council shall, after consultation with the Department, appoint a fit person to be its chief officer.
(5) Before making any appointment under sub-paragraph (4), the Council shall supply to the Department particulars of the names, previous experience and qualifications of the persons from whom it proposes to make a selection, and if the Department considers that any person whose
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name is submitted is not a fit person to be the chief officer of the Council, the Department may give directions prohibiting his appointment.
(6) A person who is an officer of the Council shall not be qualified to be a member of the Council.
11. The Council may pay to any member of the Council or to any member of a committee or sub-committee thereof (including persons who are not members of the Council) travelling, subsistence and other allowances at such rates as the Department may approve.
12 (1) Arrangements made by the Council for the conduct of the relevant examinations may include provision -
(a) for the conduct of external examinations on syllabuses prescribed by the Council;
(b) for the conduct of external examinations on syllabuses prepared by individual schools or groups of schools or by individual institutions of further education or groups of such institutions or groups of schools and such institutions;
(c) for external assessment of examinations conducted internally by individual schools or groups of schools or by individual institutions of further education or groups of such institutions or groups of schools and such institutions.
(2) The Council may enter into arrangements to perform functions or provide services on behalf of any other examining body or authority and such arrangements may provide for the payment by the said body or authority of the whole or part of any expenditure incurred by the Council in carrying out the arrangements.
(3) The Council may arrange for the relevant examinations, or part thereof, to be conducted on its behalf by any other examining body or authority and may make payments to that body or authority in respect of the expenditure incurred by it in carrying out the arrangements.
(4) The Council shall seek to ensure that the standards of the relevant examinations are recognised as equivalent to the standards of examinations conducted by other examining bodies exercising similar functions elsewhere in the United Kingdom.
(5) The Council may conduct investigations into methods of examining and such other matters as the Council may determine, may take part in investigations into such matters conducted by another body, and may make to such body payments in respect of the expenditure incurred by it in conducting such investigations.
(6) The Council shall appoint such examiners, moderators and other persons as it considers necessary and shall pay them such salaries, fees or other allowances as the Council may, with the approval of the Department, determine.
(7) The Council shall publish rules and syllabuses for the relevant examinations and may publish specimen examination papers and such other material as it considers desirable.
(8) The Council shall charge examination fees at rates approved by the Department.
(9) Every certificate awarded by the Council shall be signed on behalf of the Council.".
Schedule 14 shall cease to have effect.
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SCHEDULE 8
Article 36
AMENDMENTS
PART I
AMENDMENTS TO THE PRINCIPAL ORDER
1. In Article 2(2) -
(a) at the appropriate place in alphabetical order insert the following definitions -
""direct grant voluntary intermediate school" means a school which in accordance with Article 10 or 11 of the Education (Northern Ireland) Order 1984 has become a direct grant voluntary intermediate school;
"instrument of government of a school" means any statutory provision or any charter, deed, memorandum of association, articles of association or other document constituting the school or under which the land used for the school is vested or which otherwise relates to the school or land used for the school;
"statutory provision" has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954;
"trustees", in relation to a voluntary school or college of education, means the person or persons in whom the premises of the school or college of education are, or are to be, vested;";
(b) for the definition of "intermediate school" substitute the following definition -
""intermediate school" means a secondary school which, apart from any fees which may be charged under Articles 9(2) and 14(2) of the Education (Northern Ireland) Order 1984, provides free education;";
(c) in the definition of "college of education" for the words "Article 55(2)" substitute the words "Article 55(2) or (3)";
(d) for the definitions of "maintained school" and "managers" substitute, respectively, the following definitions -
""maintained school" has the meaning assigned to it by Article 9(3);
"managers" means -
(a) in relation to a controlled school, the board responsible for its management;
(b) in relation to a voluntary school (other than a school referred to in Article 9(8)), the Board of Governors of the school;
(c) in relation to a voluntary school referred to in Article 9(8), the person approved by the Department under that provision in relation to the school;
(d) in relation to an independent school, the proprietor of the school;
(e) in relation to an institution of further education, the board responsible for its management;
[page 53]
(f) in relation to a college of education, the person or body responsible for its management.".
2. In Article 2(2) -
(a) for the definitions of "controlled school" and "controlled integrated school" substitute, respectively, the following definitions-
"controlled school" means a grant-aided school under the management of a board;
"controlled integrated school" means a controlled school which in accordance with Articles 9A and 11A has become a controlled integrated school;";
(b) the definitions of "district council", "financial year", "former library authority", "local authority", "maintained school committee" and "school management committee" shall cease to have effect.
3. In Article 4(7), at the beginning insert the words "Except as provided by Articles 8 and 24,".
4. In Article 5(b) for the words "provided in an institution of further education" substitute the words "at an institution or establishment providing further education".
5. In Article 10(2), for the words "or body controlling" substitute the word "of" and after the words "maintained school" insert the words "or a direct grant voluntary intermediate school".
6. In Articles 12(5), 19(1), 95(2) and (2A) and 106(1), for the words "or governing body" substitute the words "or Board of Governors".
7. In Article 13(2) and (4) for the word "managers" substitute the word "trustees".
8. In Article 15(1) for the words "managers of a grant-aided school" substitute the words "board responsible for the management of a controlled school and the trustees of a voluntary school".
9. In Article 17(2), for the words "the management committee" and "the committee" substitute the words "the Board of Governors".
10. In Article 19(1) for the word "managers" where it twice occurs substitute the words "trustees or Board of Governors" and after the words "voluntary grammar school" insert the words "or a direct grant voluntary intermediate school".
11. In Article 20(1) for the words "managers of any school under voluntary management" substitute the words "trustees or managers of any voluntary school", in Article 20(1)(b) and (2) for the word "managers" substitute the words "trustees or managers" and in Article 20(2) for the words "managers of the school under voluntary management" substitute the words "trustees or managers of the voluntary school".
12. In Article 32, for the words from "Part IV" to "1962" substitute the words "Part V of the Education (Scotland) Act 1980".
13. For Article 36 substitute the following Article -
"Compulsory school age
36 (1) Subject to the following provisions of this Article, in this Order the expression "compulsory school age" means any age between five years and sixteen years and accordingly a person shall be of compulsory school age if he has attained the age of five years and has not attained the age of sixteen years.
[page 54]
(2) Where a person attains the age of sixteen years -
(a) on any date occurring in the period beginning on 1st September in any year and ending on 31st January in the following year he shall be deemed not to have attained the upper limit of compulsory school age until the date on which the spring term at his school in that following year ends or such other date as the Department may, by order subject to affirmative resolution, prescribe;
(b) on any date occurring in the period beginning on 1st February in any year and ending on 31st August in that year, he shall be deemed not to have attained the upper limit of compulsory school age until, or, as the case may be, deemed to have attained that upper limit on, the Friday before the last Monday in May in that year or such other date as the Department may, by order subject to affirmative resolution, prescribe.
(3) The Department may by regulations prescribe dates for the commencement of school attendance of a child on attaining the lower limit of compulsory school age.
(4) This Article shall have effect for the purposes of any statutory provision whereby the definition of compulsory school age in this Order or in any earlier enactment superseded by this Order is applied or incorporated.
(5) In this Article -
"school" in relation to a person means the last school at which he is a registered pupil for the term in question or for part of that term;
"spring term" in any year means the last term to end before 1st May in that year.".
14. In Article 38(3) the words from "by whom the arrangements" to "of the board" shall cease to have effect.
15. In Article 40(1) before the word "training" insert the words "initial or further".
16. In Article 43(1)(b), for the words "that college or" substitute the words "the Ulster Polytechnic or that".
17. In Article 44(1), at the beginning insert the words "Except as provided by Articles 9(2) and 14(2) of the Education (Northern Ireland) Order 1984".
18. In Article 45(1), after the word "intermediate" insert the words "(except direct grant voluntary intermediate)".
19. In Article 49(1) for the word "Managers" substitute the words "Trustees and managers" and for the words "schools under their management" substitute the words "such schools".
20. In Article 51(3), for the definitions of "summer term" and "autumn term" substitute the following definitions -
""autumn term" in any year means the last term to end before 31st December in that year;
"summer term" in any year means the last term to end before 1st September in that year.".
21. The following provisions shall cease to have effect, namely -
(a) in Article 56(1) the words from "and to" to "of that board";
(b) Article 62(1);
(c) in Article 62(4) the words "a development scheme or"; and
[page 55]
(d) in Article 63 the words from "and shall be" to the end.
22. In Article 60(2) for the words from "where" to "Schedule 5" substitute the words "where the school is a maintained school or a direct grant voluntary intermediate school".
23. In Article 62(2) for the words "The scheme under paragraph (1)" substitute the words "A revised development scheme or an amendment to an existing scheme".
24. In Article 71(5) for the words from the beginning to "the regulations" substitute the words "The Department may direct that officers of a board of such class or description as may be specified in the direction" and the words "salaries or" shall cease to have effect.
25. In Article 71A for the words from", on such conditions" to the end substitute the words "make loans to officers of the board on such conditions and at such rates of interest as the Department may, with the approval of the Department of Finance and Personnel, determine.".
26. In Article 77 the words "Board of Governors" shall be substituted -
(a) in paragraph (1) for the words "school management committee, or in the case of a maintained school, the maintained school committee" and the words "school management committee or, as the case may be, the maintained school committee";
(b) in paragraphs (2), (5)(a) and (6) for the words "school management committee or maintained school committee";
(c) in paragraphs (3) and (7) for the words "school management committee or a maintained school committee";
(d) in paragraph (5) for the words "school management committee or, in the case of a maintained school, the maintained school committee".
27. In Article 84(7) for the words from "other than" to "in like manner" substitute the words "other than a teaching appointments committee or a committee which is not authorised to perform functions on behalf of, or in the name of, the board".
28. In Article 89 for the words "managers of a grant-aided school" substitute the words "trustees or managers of a voluntary school" and before the word "managers" in the other two places where it occurs insert the words "trustees or".
29. In Article 90(1), (2) and (3) for the words "managers of a grant-aided school" substitute the words "trustees or managers of a voluntary school" and in Article 90(1) before the word "managers" in the other place where it occurs insert the words "trustees or".
30. In Article 91 after the word "school" insert the words", every college of education".
31. In Article 92(1) and (2) for the words "the managers of" substitute the words "the trustees and managers of".
32. In Article 95(2) after the words "under Schedule 6" insert the words "or for the purposes of a direct grant voluntary intermediate school".
33. In Article 95(2A) for the words "or that body" substitute the words "or Board of Governors".
34. In Article 105(3)(a) for the words "in respect of" substitute the words "equal to the amount of the".
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35. In Article 105(3)(b) for the words from the beginning to "not maintained schools" substitute the words "to the Boards of Governors of maintained schools or of direct grant voluntary intermediate schools grants equal to, and to the managers of other voluntary schools".
36. In Article 105, at the end add the following paragraphs -
"(4) This Article does not apply to the trustees or Board of Governors of a direct grant voluntary intermediate school, except in so far as it empowers the Department -
(i) to pay grants in respect of expenditure incurred or to be incurred for the purposes of the provision of milk, meals or other refreshment and facilities in accordance with Articles 46 and 47;
(ii) to make such grants as are referred to in paragraph (3)(a) and (b).
(5) This Article does not apply to the trustees or Board of Governors of a voluntary grammar school, except in so far as it empowers the Department to pay grants in respect of expenditure incurred or to be incurred for the purposes of the provision of milk, meals or other refreshment and facilities in accordance with Articles 46 and 47.".
37. In Article 106(1)(a)(i) and (b)(i) after the words "Schedule 6" insert the words "or is a direct grant voluntary intermediate school".
38. In Article 107(2) -
(a) sub-paragraph (b) shall cease to have effect;
(b) in sub-paragraph (c) the words from "and the summary" to "by the Department" shall cease to have effect;
(c) in sub-paragraph (d) the words "and of the certified summary" shall cease to have effect and at the end add the words "and a copy of a summary of the certified statements of accounts of the boards prepared by the Department in such form as the Department of Finance and Personnel may approve.".
39. In Schedule 5 at the beginning of paragraph 4(3) insert the words "Subject to Articles 9(1)(c) and 11(5) of the Education (Northern Ireland) Order 1984,".
40. In Schedule 10 in paragraph 6(3)(a), for the word "do" substitute the word "so".
41. In Schedule 11 in paragraph 2, for sub-paragraph (5) substitute the following sub-paragraph -
"(5) The Staff Commission may pay -
(a) to its chairman such remuneration as may be determined by the Department with the approval of the Department of Finance and Personnel;
(b) to its chairman and its other members such reasonable allowances in respect of expenses properly incurred in the performance of their duties as may be determined by the Department.".
42. In Schedule 11 in paragraph 5 after the word "Articles" insert "75".
43. In Part II of Schedule 12 after paragraph 4 insert the following paragraphs -
"4A. For any reference to a matter prescribed by regulations made by the Department of the Environment there shall be substituted a reference to a matter prescribed by regulations made by the Department of Education.
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4B. In paragraphs 2(c) and 5(2) for the words "as may be prescribed" there shall be substituted the words "as appear to the board to have an interest in the matter".
PART II
MISCELLANEOUS AMENDMENTS
The Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14)
44. In Article 9(1)(a) and (8) for the words "Article 6(2)" wherever they occur substitute the words "Article 6(2) or (3)".
The Fair Employment (Northern Ireland) Act 1976 (c. 25)
45. In section 57(1) in the definition of "training" for paragraph (c) substitute the following paragraph -
"(c) a college of education within the meaning of that Order;".
The Sex Discrimination (Northern Ireland) Order 1976 (NI 15)
46 (1) In Article 24 in the Table after paragraph 1 insert the following paragraph -
"1A. College of education, other than an establishment referred to in Article 82(3). | The managers.". |
(2) In Article 26(4)(b) after the words "paragraph 1" insert ", (1A)".
The Industrial Relations (No. 2) (Northern Ireland) Order 1976 (NI 28)
47. In Article 39(1) for sub-paragraph (f) substitute the following sub-paragraph -
"(f) a member of any of the following (within the meaning of the Education and Libraries (Northern Ireland) Order 1972), namely -
(i) the Board of Governors of a grant-aided school;
(ii) the management committee of an institution of further education;
(iii) the managers of a college of education,".
The Rates (Northern Ireland) Order 1977 (NI 28)
48. In Schedule 13 for the words "maintained school committee" substitute the words "Board of Governors of a maintained school".
The Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (NI 20)
49. In Article 11(5)(f) for head (iv) substitute the following head -
"(iv) a college of education within the meaning of that Order;".
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SCHEDULE 9
Article 37
TRANSITIONAL PROVISIONS
PART I
SCHOOL MANAGEMENT
1. In this Part -
(a) a reference to a "new" provision of the principal Order is a reference to that provision as substituted or inserted by this Order;
(b) a reference to a "former" provision of the principal Order is a reference to that provision as it had effect immediately before the coming into operation of the provision of this Part in which the reference occurs.
Controlled Schools
2 (1) It shall be the duty of every board not later than 31st December 1985 to make the provision required by new Article 8 and Schedule 4 for the management of all controlled schools under its management.
(2) Until a board makes the provision required by new Article 8 and Schedule 4 for the management of a controlled school, the school management committee of the school appointed in accordance with a scheme under former Article 8(2) shall continue in being and may exercise, in relation to the school, the functions of a Board of Governors under the principal Order.
Maintained Schools
3 (1) Subject to sub-paragraph (2) it shall be the duty of every board not later than 31st December 1985 to make provision in accordance with new Article 9(2) and (3) and Part I of Schedule 5 for the management of all maintained schools situated in its area.
(2) No such provision for the management of a maintained school which is in existence as such on 1st August 1984 shall be made by a board before 1st July 1985.
(3) Until a board makes such provision for the management of a maintained school, the maintained school committee of the school appointed in accordance with a scheme under former Part I of Schedule 5 shall continue in being and may exercise, in relation to the school, the functions of a Board of Governors under the principal Order.
(4) Where a maintained school committee has been appointed in accordance with a scheme under former Part I of Schedule 5 for two or more schools, and provision is made by a board in accordance with new Article 9(2) and (3) and Part I of Schedule 5 for the management of one or more, but not all, of those schools then the maintained school committee shall continue in being by virtue of sub-paragraph (3) in relation to any remaining school or schools for which such provision has not yet been made.
Voluntary grammar schools which have entered into agreements with Department or boards under former Schedule 6
4 (1) This paragraph applies to a voluntary grammar school the trustees or governing body of which have entered into an agreement with the Department or a board or boards under former Schedule 6 which is existing immediately before 1st August 1984.
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(2) Subject to sub-paragraphs (3) and (4), an agreement made, or having effect as if made, by the trustees or governing body of a school with the Department or a board or boards under former paragraph 1 of Schedule 6 and existing immediately before 1st August 1984 shall continue to have effect as if made under new paragraph 1 of Schedule 6.
(3) Any reference in any such agreement to a period of years for which a person appointed to the Board of Governors of the school by the Head of the Department or by a board or boards is to hold office shall, in relation to any appointment made on or after 1st August 1984, have effect as if it were a reference to a period of four years.
(4) Notwithstanding anything in any such agreement, any person appointed to the governing body of the school by the Head of the Department or by a board or boards and holding office immediately before 1st August 1984 shall continue to hold office until immediately before the date on which a Board of Governors is constituted for the school in accordance with new Article 9(2) and (4) and Schedule 6 and shall then cease to hold that office but shall be eligible to be appointed to the Board of Governors.
(5) Any scheme approved under former Article 9(2) by the Department for a school to which this paragraph applies shall continue to have effect as if approved under new Article 9(2) but, so far as it relates to the constitution of the Board of Governors of the school, shall have effect, in relation to any appointment of a Board of Governors made on or after 1st August 1984, subject to the provisions of new paragraph 3 of Schedule 6.
(6) It shall be the duty of the governing body of a school to which this paragraph applies and of any other party to an agreement relating to that school under new Schedule 6 to ensure that a Board of Governors is constituted for the school in accordance with new Article 9(2) and (4) and Schedule 6 not later than 31st December 1985.
(7) Until such a Board of Governors is constituted for a school to which this paragraph applies, the governing body of the school appointed in accordance with former Article 9(2) and (4) and Schedule 6 shall continue in being and may exercise, in relation to the school, the functions of a Board of Governors under the principal Order.
Voluntary grammar schools which have not entered into agreements with Department or boards under former Schedule 6
5 (1) This paragraph applies to a voluntary grammar school, the trustees or governing body of which have not entered into an agreement with the Department or a board or boards under former Schedule 6 which is existing immediately before 1st August 1984.
(2) Any scheme approved under former Article 9(2) by the Department for a school to which this paragraph applies shall continue to have effect as if approved under new Article 9(2) but, so far as it relates to the constitution of the Board of Governors of the school, shall have effect, in relation to any appointment of a Board of Governors made on or after 1st August 1984, subject to the provisions of new paragraph 2 of Schedule 6A.
(3) It shall be the duty of the governing body of a school to which this paragraph applies to ensure that a Board of Governors is constituted for the school in accordance with new Article 9(2) and (6) and Schedule 6A not later than 31st December 1985.
(4) Until such a Board of Governors is constituted for a school to which this paragraph applies the governing body of the school appointed in accord-
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ance with a scheme under former Article 9(2) shall continue in being and may exercise, in relation to the school, the functions of a Board of Governors under the principal Order.
General
6. Until a Board of Governors is appointed or constituted for a school in accordance with the new provisions of the principal Order referred to in paragraphs 2 to 5, references in the principal Order and in any other statutory provision to the Board of Governors of a school shall be construed as, or as including, references -
(a) in relation to a controlled school, to the school management committee;
(b) in relation to a maintained school, to the maintained school committee;
(c) in relation to a voluntary grammar school, to the governing body.
7. Articles 5 and 6 of this Order apply only in relation to Boards of Governors constituted under new Articles 8 and 9 and Schedules 4 to 6B.
PART II
SPECIAL EDUCATIONAL TREATMENT
8 (1) The following provisions of this paragraph apply in relation to -
(a) any child for whom, immediately before the coming into operation of Article 16, a board had secured the provision of special educational treatment under the principal Order; and
(b) any child in whose case a board, within the period of 12 months immediately before the coming into operation of Article 16, had decided in accordance with paragraph 2(1) of Schedule 8 to the principal Order that he required special educational treatment under that Order, but for whom the board was not securing the provision of such treatment immediately before the coming into operation of that Article.
(2) The child shall be taken to have special educational needs and the board shall be taken to have made an assessment of his educational needs under Article 25 of the principal Order and to have formed the opinion that his special educational needs call for the board to determine the special educational provision that should be made for him.
(3) During the period of 12 months beginning with the coming into operation of Article 16 the board shall not be under the duty imposed by Article 25B of the principal Order to make and maintain a statement of the child's special educational needs.
(4) A statement made in respect of the child under Article 25B of the principal Order but before an assessment of his educational needs is made under Article 25 of that Order, need not give details of the board's assessment of those needs until such time as an assessment has been made under Article 25.
(5) Until such time as the board makes a statement in respect of the child under Article 25B of the principal Order it shall be under a duty -
(a) in the case of a child to whom sub-paragraph (1)(a) applies, to continue to secure the provision of the special educational treatment which the child was receiving immediately before the coming into operation of Article 16; and
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(b) in the case of a child to whom sub-paragraph (1)(b) applies, to secure, either in a grant-aided school or otherwise, the provision of special educational treatment;
but head (a) shall not require the board to act in any way which would be incompatible with the provisions of a school attendance order in force under Schedule 9 to the principal Order.
(6) Paragraph 5(9) and (10) of Schedule 7 A to the principal Order shall not apply in relation to a statement of the child's special educational needs under Article 25B of that Order unless-
(a) the special educational provision specified in the statement differs (otherwise than to take account of a school attendance order) from the special educational treatment which the child was receiving -
(i) in the case of a child to whom sub-paragraph (1)(a) applies, immediately before the coming into operation of Article 16; or
(ii) in the case of a child to whom sub-paragraph (1)(b) applies, immediately before the statement was made; or
(b) an assessment of the child's educational needs has been made under Article 25 following the making of the statement.
(7) In Schedule 9 to the principal Order, paragraphs 1(4A), 2(1)(c) and 2(3) shall apply irrespective of whether the board is maintaining a statement for the child under Article 25B.
(8) In this paragraph, paragraph 9 and the provisions of the principal Order referred to in paragraph 9(2) "special educational treatment" means education under special arrangements appropriate for persons suffering from a disability of mind or body.
9 (1) The following provisions of this paragraph apply in relation to any child who, within the period of 12 months immediately before the coming into operation of Article 16, had been examined under paragraph 1(2) of Schedule 8 to the principal Order but in respect of whom a board had immediately before the coming into operation of Article 16 taken no decision under paragraph 2(1) of that Schedule as to whether he required special educational treatment under the principal Order.
(2) Subject to sub-paragraph (3), Articles 25 and 26 of, and paragraphs 2(1) and (2) of Schedule 8 to, the principal Order shall, during the period of 6 months from the coming into operation of Article 16, continue to apply to the child as if this Order had not been made.
(3) If, during the said period, the board gives the parent notice under the said paragraph 2(1) of Schedule 8 that it has decided that the child requires special educational treatment, sub-paragraphs (2) to (7) of paragraph 8 shall apply as they apply in the case of a child to whom sub-paragraph (1)(b) of that paragraph applies.
(4) A board shall when giving any such notice notify the parent of the effect of paragraph 4(1) of Schedule 7 A to the principal Order.
PART III
MISCELLANEOUS
Board and lodging otherwise than at school
10. Until the coming into operation of Article 16 -
(a) Article 42 of the principal Order shall have effect with the omission of the words "and to any special educational needs he may have" in
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paragraph (1) and with the substitution in paragraph (5) for the words "special educational provision" of the words "the provision of special educational treatment";
(b) Article 42A of the principal Order shall have effect with the omission of the words "and to any special educational needs he may have" and with the substitution for the words "special educational provision" of the words "the provision of special educational treatment".
Integrated schools
11 (1) Until the coming into operation of Article 21, the Education (Northern Ireland) Act 1978 (c. 13) shall have effect subject to the following provisions of this paragraph.
(2) In section 1(2) for the words from "proceed" to the end there shall be substituted the words", subject to subsection (3A), proceed to ascertain the views of the parents of the pupils attending the school or schools".
(3) In section 1(3) for the words from "ascertain" to the end there shall be substituted the words", subject to subsection (3A), proceed to ascertain the views of the parents of the pupils attending the school".
(4) In section 1 for subsections (4) to (8) there shall be substituted the following subsections -
"(3A) If before the time when a request is made under subsection (2) or (3) that a school should become a controlled integrated school the board has published a notice under Article 11A(5)(b) of the principal Order stating that a proposal that the school should be discontinued has been submitted to the Department, then the board shall not proceed as mentioned in subsection (2) or (3) unless the Department has decided under the said Article 11A not to approve that proposal.
(4) Subject to subsection (5), where a board is required under subsection (2) or (3) to ascertain the views of the parents of pupils attending a school, it shall do so in accordance with a scheme prepared by the board and approved by the Department.
(5) If the Department cannot approve a scheme prepared by a board, the views of the parents shall be ascertained by the board in accordance with a scheme prepared by the Department.
(5A) A scheme prepared under subsection (4) or (5) shall in particular provide that the parents of the pupils attending the school in question shall be given an opportunity, so far as practicable in such a way that their identity is not revealed, to state whether they would be prepared to send them to the school if it became a controlled integrated school.
(6) Where a board has ascertained the views of the parents in accordance with a scheme under subsection (4) or (5), the board shall within such time as the Department may fix send to the Department particulars of the information received from the parents.
(6A) The Department, after consultation with the board, shall either -
(a) determine that the school shall not become a controlled integrated school; or
(b) subject to subsection (7), give a direction to the board to submit a proposal under Article 11A(2) of the principal Order giving effect to the request that the school should become a controlled integrated school.
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(7) The Department shall not give a direction under subsection (6A)(b) in relation to a request that a school should become a controlled integrated school unless satisfied that at least three-quarters of the parents of the pupils attending that school whose views have been ascertained would be prepared to send them to the school if it became a controlled integrated school.
(8) Where a proposal giving effect to a request under subsection (3) that a school should become a controlled integrated school is approved by the Department under Article 11A of the principal Order, Article 14(3) of that Order shall, in its application to the school, have effect with the substitution for the words "controlled school" of the words "controlled integrated school".".
(5) In section 2 for the words from the beginning to "the board" there shall be substituted the words "Where a proposal giving effect to a request under section 1(2) that a school should become a controlled integrated school is approved by the Department under Article 11A of the principal Order the board".
(6) In section 3 for the words from the beginning to "that school" there shall be substituted the words "The provisions of the principal Order shall apply to a controlled integrated school".
Northern Ireland Schools Examinations Council
12 (1) The chairman and other members of the Northern Ireland Schools Examinations Council holding office immediately before the date on which Article 34 comes into operation shall cease to hold office on that date but shall be eligible for appointment to the Council under Schedule 13 to the principal Order as substituted by Article 34(2) and Schedule 7.
(2) The Northern Ireland Schools Examinations Council shall, in respect of the period beginning immediately after the date to which the accounts of the Boards were last prepared and ending immediately before the date on which Article 34 comes into operation, prepare and submit to the Comptroller and Auditor-General for Northern Ireland the accounts of the Boards abolished by paragraph (1) of that Article and the Comptroller and Auditor-General shall audit those accounts.
Accounts of boards
13. Paragraph 38 of Schedule 8 has effect in respect of the financial year ending on 31st March 1984 and each succeeding financial year.
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SCHEDULE 10
Article 38
REPEALS
Chapter or Number | Short Title | Extent of Repeal |
1969 c. 25 (N.I.). | The Commissioner for Complaints Act (Northern Ireland) 1969. | In Part II of Schedule 1 the entries relating to - The Northern Ireland General Certificate of Education Examinations Board. The Northern Ireland Certificate of Secondary Education Examinations Board. |
1972 NI 12. | The Education and Libraries (Northern Ireland) Order 1972. | In Article 2(1) the words "and the Local Government Act (Northern Ireland) 1972". In Article 2(2) the definitions of "district council", "financial year", "former library authority", "local authority", "maintained school committee" and "school management committee". In Article 4(4) the words from "and the preparation" to the end. In Article 5, in paragraph (c) the words from "or in" to the end of the paragraph. Article 7(2). Article 11. In Article 12(5), sub-paragraph (a), sub-paragraph (c) and the word "or" immediately preceding it. In Article 14(6) the words from "at the date" to "education authority". Article 19(2). In Article 23(1) the words from "and such facilities" to the end. In Article 24(1) the words "unless the Ministry otherwise directs". Article 26(1). Article 27(5). Article 28(2). In Article 28(3) the words "or the corresponding Part of any enactment repealed by this Order". In Article 33(1) the words "or the corresponding provisions of any enactment repealed by this Order". |
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Chapter or Number | Short Title | Extent of Repeal |
| | In Article 38(3) the words "or by a former local education authority" and the words from "by whom the arrangements" to "of the board". Article 44(5). Article 54. In Article 56(1) the words from "and to" to "of that board". Article 62(1). In Article 62(4) the words "a development scheme or". In Article 63 the words from "and shall be" to the end. In Article 71(5) the words "salaries or". Article 72. Article 73. Article 77(4). Article 83(3). In Article 83(8) the words "or deemed to have been made". Article 94(1) and (2). In Article 94(15) the words "this Order or" and "to the Ministry under paragraph (1) or". Article 95(7). Article 96(1), (2) and (5). Article 106(4). In Article 106(5) the words "or deemed to be paid". In Article 107(2) - (a) sub-paragraph (b); (b) in sub-paragraph (c) the words from "and the summary" to "by the Department"; (c) in sub-paragraph (d) the words "and of the certified summary". Article 111. Article 112(3) and (4). In Article 115(1) the definitions of "the C.S.E. Board" and "the G.C.E. Board". In Article 121 the words from "The Northern Ireland General Certificate" to the end. Article 127. In Schedule 2 in paragraph 9(1), the words ", subject to paragraph 1(7),". |
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Chapter or Number | Short Title | Extent of Repeal |
| | In Schedule 7 in paragraph 4 the words "or owners". In Schedule 8 - (a) paragraph 1(1)(a); (b) in paragraph 1(2) the words from "requires" to "development or"; (c) paragraphs 2 and 4. Schedule 14. Schedule 16. |
1976 NI 2. | The Education (Northern Ireland) Order 1976. | Article 3. Article 4. Article 6. Article 8(2). Article 10. In the Schedule, paragraphs 1, 3, 4, 9(a) and 10. |
1978 c. 13. | The Education (Northern Ireland) Act 1978. | The whole Act. |
1978 c. 53. | The Chronically Sick and Disabled Persons (Northern Ireland) Act 1978. | Sections 15, 16 and 17. |
1978 NI 10. | The Education (Northern Ireland) Order 1978. | In Article 3(2) the words from the beginning to the first "and". Article 5(1). Article 7. Article 12(4). Article 13(1). Article 14. Article 15. Article 18(2). In Schedule 1, paragraphs 2 and 3. Schedule 2. |
1978 NI 11. | The Financial Provisions (Northern Ireland) Order 1978. | Article 10. |
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EXPLANATORY NOTE
(This Note is not part of the Order.)
This Order makes miscellaneous amendments to the Education and Libraries (Northern Ireland) Order 1972. The principal purposes of the Order are -
(a) to amend the management structure of grant-aided schools;
(b) to make new provision for voluntary grammar schools which become voluntary intermediate schools;
(c) to make new provision with respect to children with special educational needs;
(d) to remove the provision whereby pupils may spend their last year of compulsory education at an institution of further education;
(e) to require schemes to be prepared as to the procedure for the suspension or expulsion of pupils in grant-aided schools;
(f) to amend the law relating to the provision of milk, meals and related facilities;
(g) to revise the arrangements for payment of grants to voluntary grammar schools; and
(h) to abolish the Northern Ireland General Certificate of Education Examinations Board and the Northern Ireland Certificate of Secondary Education Examinations Board and transfer their functions to the Northern Ireland Schools Examinations Council.