Education (Northern Ireland) Order 1998 (N.I. 13)

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Statutory Instruments 1998 No. 1759
The Education (Northern Ireland) Order 1998 - continued

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

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

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

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

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

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

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

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

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

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

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

(a) the Board of Governors of the school;

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

(2) In this Article -

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

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

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

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

(b) in any other case, shall -

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

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

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

(5) For the purposes of this Article -

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

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

Appeals against certain admission decisions under Article 30
     31. - (1) Every board shall make arrangements for enabling the parent of child to appeal against any decision made under Article 30 by the Board of Governors of a school situated in the area of the board refusing the child admission to the school.

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

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

(a) were not applied; or

(b) were not correctly applied, in deciding to refuse the child admission to the school.

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

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

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

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

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

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

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

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

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

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

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

Information as to schools and admission arrangements
33. - (1) Every board shall, for each school year, publish at such time and in such manner as the Department may direct, particulars of -

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

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

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

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

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

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

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

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

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

    (4) 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 pre-school education at grant-aided schools in its area.

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

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

PART VI
TEACHERS

CHAPTER I
THE GENERAL TEACHING COUNCIL FOR NORTHERN IRELAND
The General Teaching Council for Northern Ireland
     34. - (1) There shall be established a body to be known as the General Teaching Council for Northern Ireland (referred to in this Chapter as "the Council").

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

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

Registration of teachers
35. - (1) The Council shall establish and maintain a register of teachers ("the register").

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

(a) is eligible for registration; and

(b) applies to be registered.

(3) An employing authority shall not employ a person as a teacher unless he is registered under this Article.

Regulations as to registration
36. - (1) The Department may by regulations make provision as to -

(a) the eligibility of persons for registration;

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

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

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

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

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

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

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

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

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

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

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

(g) the restoration and alteration of entries;

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

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

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

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

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

(c) the retention of entries in the register, and the regulations may accordingly authorise the Council to refuse an application falling within sub-paragraph (a) until the appropriate fee has been paid.

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

Advisory functions of the Council
37. - (1) The Council shall advise -

(a) the Department; and

(b) employing authorities, on such matters falling within paragraph (3) as the Council thinks fit.

(2) The Council shall also advise the Department -

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

(b) on such other matters relating to teaching, as the Department may from time to time require.

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

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

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

(c) standards of teaching;

(d) standards of conduct for teachers.

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

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

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

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

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

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

Deduction of fees from salary of teachers
     39. - (1) The Department may make regulations requiring issuing authorities, or authorising the Department where it is the issuing authority -

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

(b) to remit that fee to the Council.

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

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

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

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

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

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

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

(a) to such other body or person; and

(b) for such purposes and subject to such conditions, as may be prescribed.

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

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

Interpretation of this Chapter
     41. In this Chapter -

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

"employing authority" means -

(a) in relation to teachers employed in a controlled school, the board by which they are employed;

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

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

(d) in relation to peripatetic teachers, the board by which they are employed;

CHAPTER II
EMPLOYMENT OF TEACHERS
Eligibility for employment as principal of grant-aided school
     42. - (1) The Department may by regulations make provision as to the eligibility of persons to be employed as principals of grant-aided schools.

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

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

    (4) In this Article -

"principal" -

Appointment of teachers
43. - (1) For Article 143 of the 1989 Order there shall be substituted -

" Employment of teachers by the Council

143.

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

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

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

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

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

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

" Appointment of teachers by a board

153.

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

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

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

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

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

Prepared 26 August 1998

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	Northern Ireland Orders in Council
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(04).html