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Northern Ireland Orders in Council |
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You are here: BAILII >> Databases >> Northern Ireland Orders in Council >> Education (Northern Ireland) Order 1998 (N.I. 13) URL: http://www.bailii.org/nie/legis/num_orders/1998/19981759(03).html |
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| Statutory Instruments 1998 No. 1759 The Education (Northern Ireland) Order 1998 - continued |
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School development plans 13. - (1) The scheme of management for each grant-aided school shall provide for it to be the duty of the Board of Governors of the school to prepare, and from time to time revise, a school development plan. (2) In preparing or revising a school development plan, the Board of Governors shall -
(b) consider -
(ii) the findings of any inspection of the school under Article 102 of the principal Order.
(3) Regulations shall -
(b) prescribe the period for which a plan is to have effect; (c) prescribe the manner in which a plan is to be published; (d) provide for the revision of a plan.
Appointment of additional governors for school not providing acceptable standard of education
(ii) that failure is due (in whole or in part) to the management of the school by the Board of Governors; and
(b) recommends that the power of the Department under this Article should be exercised in relation to the school, the Department may appoint such number of additional voting members to the Board of Governors of the school as it thinks fit.
(2) Where it appoints any additional voting members to the Board of Governors of a school under this Article, the Department may appoint one of those additional members as chairman of the Board of Governors.
(b) any other instrument of government of the school, shall have effect as if, notwithstanding anything in Article 10 or 11 of the 1986 Order or Article 66 of the 1989 Order, the scheme and the instrument authorised the Department -
(ii) to appoint one of those additional members as chairman of the Board of Governors.
(4) Before making any appointment under this Article in relation to the Board of Governors of a school, the Department shall consult -
(b) the board for the area in which the school is situated; and (c) (in the case of a Catholic maintained school), the Council for Catholic Maintained Schools.
(5) Any additional voting members or chairman appointed under this Article shall hold and vacate office in accordance with the terms of their appointment.
(ii) any changes to those arrangements since the last report was prepared;".
Limits on class sizes in key stage 1
(b) the majority of pupils are pupils of that description.
(4) Paragraph (2) shall not apply to a school in such cases or circumstances as the board may direct.
(b) where the school is a Catholic maintained school, the Council for Catholic Maintained Schools.
(7) It shall be the duty of boards to exercise their functions with a view to ensuring that the Boards of Governors of grant-aided schools are in a position to fulfil their duty under this Article.
(c) the requirements of Article 16 of the Education (Northern Ireland) Order 1998 (limit on class sizes)".
Plans for pre-school education 17. - (1) Within such time after the coming into operation of this Article as the Department may direct, each board shall prepare and submit to the Department a plan for the provision (whether by the board or by other persons) of pre-school education for children resident in the area of the board in such period as may be specified in the plan. (2) In preparing a plan under paragraph (1) a board shall, in accordance with arrangements approved by the Department, consult bodies and persons likely to be affected by the plan. (3) In preparing a plan under paragraph (1) a board shall take into account any guidance given by the Department as to the provisions it regards as appropriate for inclusion in a plan under that paragraph. (4) The Department may, after making such modifications (if any) in a plan submitted to it by a board as after consultation with the board it considers necessary or expedient, approve the plan. (5) It shall be the duty of a board to give effect to the provisions of a plan under paragraph (1) as approved by the Department. (6) Where -
(b) it appears to the Department that a plan submitted by the board as required by that paragraph does not accord with any guidance given by the Department under paragraph (3) and cannot be made to do so merely by modifying it, the Department may, after consultation with the board and such other persons as appear to the Department to be concerned, make a plan which shall be treated for the purposes of paragraphs (5) and (7) as if it had been prepared by the board and approved by the Department under this Article.
(7) A board may at any time, and shall if the Department so directs, prepare and submit to the Department a revised plan and paragraphs (2) to (6) shall apply in relation to any revised plan as they apply in relation to the original plan.
(b) before he has attained compulsory school age, otherwise than in a reception class as defined by Article 18(4)(b) of the Education (Northern Ireland) Order 1997.
Grants in respect of pre-school education
(b) shall be subject to such conditions, as the board may determine.
(5) Conditions imposed under paragraph (4)(b) -
(b) may at any time be varied, waived or revoked; and (c) may, in particular, require repayment of the whole or any part of the grant to which they relate in such circumstances as are specified in the conditions.
Inspection of pre-school education
(b) pre-school education in respect of which a board is considering whether to make such grants, shall, if they would not otherwise fall within the definition of a
Nursery schools to be eligible for grant maintained integrated and controlled integrated status
(b) Article 90(2)(a) (nursery schools not eligible for controlled integrated status).
Information as to funded pre-school education provided otherwise than in a grant-aided school
(b) in respect of which the board is making, or is to make, grants under Article 18(1).
(3) The particulars to be published under paragraph (1) shall include particulars of -
(b) the number of children for whom such education is to be provided by each such person; and (c) the criteria to be applied by each such person in selecting children for admission to such education.
(4) Every board shall publish such information as may be required by regulations with respect to its policy and arrangements in respect of any matter relating to funded pre-school education. Application and interpretation of this Chapter 22. - (1) Subject to paragraphs (2) and (3), this Chapter applies in relation to the admission of children to pre-school education at grant-aided schools. (2) This Chapter applies in relation to the admission of a child to pre-school education at a grant-aided school taking effect, or proposed admission which would take effect, in the school year ending on 31st July 2000 and in any subsequent school year. (3) This Chapter does not apply in relation to -
(b) schools established in hospitals; or (c) the admission to pre-school education at grant-aided schools of children in respect of whom statements are maintained under Article 16 of the Education (Northern Ireland) Order 1996.
(4) In this Chapter -
(b) any reference to full-time pre-school education is a reference to pre-school education normally provided for at least 4 hours and 30 minutes on each school day, and any reference to part-time pre-school education is a reference to pre-school education normally provided for less than that amount of time but for at least 2 hours and 30 minutes on each school day; (c) any reference to full-time pupils registered at a school is a reference to pupils registered at a school who are receiving full-time pre-school education, and any reference to part - time pupils registered at a school is a reference to pupils registered at a school who are receiving part-time pre-school education; (d) any reference to an appeal tribunal is a reference to an appeal tribunal constituted in accordance with regulations under Article 15(8) of the Education (Northern Ireland) Order 1997; (e) any reference to a school year is a reference to a year ending on 31st July.
(5) The Department may by order amend paragraph (4)(b).
(b) where the school provides both full-time and part-time pre-school education, for separate applications to be made for admission to full-time and part-time pre-school education.
(3) Subject to Article 32(4) (children resident outside Northern Ireland), this Chapter applies in relation to an application for admission of a child to pre-school education at a school whether or not the child is resident in the area of the board in which that school is situated.
(b) to part-time pre-school education at the school, in accordance with Articles 28 to 31, 32 and 33.
Duties of Board of Governors in relation to admission to full-time pre-school education
(b) a direction under Article 42 of the Education (Northern Ireland) Order 1996.
Determination of full-time enrolment number for a school
(b) the accommodation available for use by pupils in pre-school education at the school; and (c) the extent to which part-time pre-school education is to be provided in the school.
(3) The full-time enrolment number of a school may be nil.
(b) the board for the area in which the school is situated; and (c) where the school is a Catholic maintained school, the Council for Catholic Maintained Schools.
Admission decisions in relation to full-time pre-school education
(b) paragraph (4) applies to an application for the admission of a child to a school where the proposed admission is to take effect at any later time in the school year.
(3) Where an application to which this paragraph applies is made, the Board of Governors -
(b) in any other case, shall -
(ii) admit, or refuse to admit, the child to the school accordingly.
(4) Where an application to which this paragraph applies is made, the Board of Governors shall -
(ii) in any other case, apply the criteria drawn up under Article 32(1) to select for admission to the school a number of children equal to the number of vacant full-time places and admit, or refuse to admit, the child to the school accordingly;
(b) if, at that time, there are no vacant full-time places at the school refuse to admit the child to the school.
(5) For the purposes of this Article -
(b) the number of vacant full-time places at a school at any time is the number obtained by subtracting the number of full-time pupils registered at the school at that time from the full-time enrolment number of the school.
Appeals against certain admission decisions under Article 26
(b) were not correctly applied, in deciding to refuse the child admission to the school.
(4) On the hearing of an appeal under this Article -
(b) in any other case, the tribunal shall dismiss the appeal.
(5) If, in any case mentioned in paragraph (4)(a), it appears to the tribunal that had the criteria been applied, or (as the case may be) been correctly applied, the child would have been refused admission to the school, the tribunal shall dismiss the appeal. Duties of Board of Governors in relation to admission to part-time pre-school education 28. - (1) The Board of Governors of a school shall not cause or permit the number of part-time registered pupils at the school at any time to exceed the school's part-time enrolment number. (2) In calculating for the purposes of paragraph (1) the number of part-time registered pupils at a school at any time, no account shall be taken of any child registered at the school in compliance with -
(b) a direction under Article 42 of the Education (Northern Ireland) Order 1996.
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| © Crown copyright 1998 | Prepared 26 August 1998 |
