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

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Northern Ireland Orders in Council

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

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Application of schemes to special schools
59. - (1) The Department may by regulations provide for requiring or authorising schemes -

(a) to cover controlled or maintained special schools;

(b) to include provision, in the case of any such school which by virtue of any regulations made under sub-paragraph (a) is required or authorised to be covered by a scheme, for the delegation by the board concerned of the management of the school's budget share for any financial year to the Board of Governors of the school.

(2) Regulations under this Article -

(a) may make in any provisions of this Chapter such amendments as appear to the Department to be required in consequence of any provision made in those regulations by virtue of paragraph (1); and

(b) may provide that any scheme shall have effect with such modifications as appear to the Department to be appropriate in consequence of any provision so made. Duty on board to make a sum of money available to Board of

Governors of special school not covered by a scheme
60. - (1) Subject to paragraphs (4) and (12), in respect of any period during which any special school is not covered by a scheme, it shall be the duty of the board to make available a sum of money which the Board of Governors of the school is to be entitled to spend at its discretion during that period (but subject to paragraph (2)) on such heads of expenditure as the board may specify or as the Department may direct.

(2) A Board of Governors to which any sum is made available under this Article -

(a) shall comply in spending that sum with such reasonable conditions as the board thinks fit to impose; and

(b) may delegate to the principal, to such extent as it may specify, its powers in relation to that sum.

    (3) The members of the Board of Governors of a school shall not incur any personal liability in respect of anything done in good faith in the exercise or purported exercise of any power under paragraph (2).

    (4) Where a new special school is established and is not covered by a scheme, paragraph (1) shall not apply in relation to the school until such date as the Department may direct.

    (5) Before specifying any heads of expenditure under paragraph (1), the board shall consult the Board of Governors of every special school appearing to it to be concerned and the Council for Catholic Maintained Schools and before giving any directions under paragraph (1), the Department shall consult all the boards, the Council for Catholic Maintained Schools and any other person with whom consultation appears to it to be desirable.

    (6) Where it appears to a board that a Board of Governors to which any sum is made available under this Article -

(a) has been guilty of a substantial or persistent failure to comply with any conditions imposed on it under paragraph (2)(a); or

(b) is not managing the appropriation or expenditure of the sum in a satisfactory manner, the board may suspend the Board of Governors' right under paragraph (1) to have a sum of money made available to it by giving the Board of Governors (subject to paragraph (8)) not less than one month's notice of suspension.

(7) A notice under paragraph (6) shall specify the grounds for the proposed suspension, giving particulars of any alleged failure on the part of the Board of Governors to comply with any conditions imposed on it under paragraph (2)(a) or of any alleged mismanagement on its part.

(8) A copy of the notice shall be given to -

(a) the principal of the school;

(b) the Department; and

(c) where the school is a Catholic maintained school, the Council for Catholic Maintained Schools, at the same time as the notice is given to the Board of Governors.

    (9) A board may suspend the right mentioned in paragraph (6) of any Board of Governors to which it has given notice under that paragraph before the expiry of the period of notice if it appears to the board to be necessary to do so by reason of gross incompetence or mismanagement on the part of the Board of Governors or other emergency.

    (10) A board may withdraw a notice given under paragraph (6) at any time before the expiry of the period of notice.

    (11) If the board exercises its power under paragraph (9) or (10), it shall immediately give written notification of its action and, in the case of action under paragraph (9), of the reasons for it to -

(a) the Board of Governors and principal of the school;

(b) the Department; and

(c) where the school is a Catholic maintained school, the Council for Catholic Maintained School.

(12) During any period when a Board of Governors' right mentioned in paragraph (6) is suspended under this Article, the duty of the board concerned under paragraph (1) shall not apply in relation to that Board of Governors.

(13) Articles 56 and 57 shall apply in relation to a suspension under this Article as they apply in relation to a suspension under Article 55.

Financing by boards of voluntary grammar and grant-maintained integrated schools
Maintenance and other grants to voluntary grammar schools
61. - (1) Subject to the provisions of this Article and Article 62, a board shall in respect of each financial year make grants (known as maintenance grants) to the Board of Governors of a voluntary grammar school situated in its area in respect of expenditure incurred or to be incurred in that year in carrying on the school, except -

(2) The amount of the maintenance grant payable in respect of a school for a financial year shall -

    (3) A board shall make grants to the trustees of a voluntary grammar school situated in its area of amounts equal to the costs of the trustees on foot of an approved contract.

    (4) Grants under this Article shall be made on such conditions (including conditions as to repayment) as the board may determine with the approval of the Department.

    (5) The times at which, and the manner in which, payments are made in respect of grants under this Article shall be such as the board may determine with the approval of the Department.

    (6) Subject to any conditions imposed under paragraph (4), the Board of Governors of a voluntary grammar school -

    (7) The members of the Board of Governors of a voluntary grammar school shall not incur any personal liability in respect of anything done in good faith in the exercise or purported exercise of their powers under paragraph (6).

Withdrawal of maintenance grants from voluntary grammar school
     62. - (1) The Department may give to the Board of Governors of a voluntary grammar school a notice stating that the duty of the relevant board under Article 61 to pay maintenance grants to the Board of Governors of the school will cease on a date specified in the notice.

    (2) Subject to the following provisions of this Article -

(a) a notice under paragraph (1) may not specify as the date on which the duty of the relevant board under Article 61 to pay maintenance grants to the Board of Governors of the school will cease a date falling less than 2 years after the date on which the notice is given to the Board of Governors; and

(b) before giving such a notice the Department shall consult -

(3) Paragraph (2) shall not apply where the Department is satisfied that the school as currently constituted or conducted is unsuitable to continue as a voluntary grammar school on all or any of the following grounds -

(a) that the number of registered pupils at the school is too small for sufficient and suitable instruction to be provided for them at reasonable cost;

(b) that the Board of Governors has failed for a significant period of time to carry out its duties under Part III of the 1989 Order;

(c) that the Board of Governors has been guilty of substantial or persistent failure to comply or secure compliance with any other requirement imposed by or under the Education Orders or any other statutory provision.

    (4) In any case within paragraph (3), the Department may give to the Board of Governors of the school a notice stating the grounds on which it considers that the school as currently constituted or conducted is unsuitable to continue as a voluntary grammar school together with full particulars of the matters relevant to each such ground.

    (5) Where any of those matters are stated in the notice to be in the opinion of the Department irremediable, the notice shall also state that the duty of the relevant board under Article 61 to pay maintenance grants to the Board of Governors of the school will cease on a date specified in the notice.

    (6) Where paragraph (5) does not apply, the notice under paragraph (4) shall -

(a) state that the duty of the relevant board under Article 61 to pay maintenance grants to the Board of Governors of the school will cease unless the matters of which particulars are given in the notice are remedied;

(b) specify the measures necessary in the opinion of the Department to remedy those matters; and

(c) specify the time, not being less than three months after the date on which the notice is given to the Board of Governors, within which the Board of Governors is required to take those measures.

(7) Where the Board of Governors of a voluntary grammar school fails to take the measures required by a notice under paragraph (4) within the time specified in the notice or allowed by any previous notice under this paragraph, the Department shall within the period of 2 months beginning with the date next following the end of that time either -

(a) give notice to the Board of Governors extending the time within which those measures are required to be taken; or

(b) after consulting the relevant board, give a notice to the Board of Governors stating that the duty of the relevant board under Article 61 to pay maintenance grants to the Board of Governors will cease on a date specified in the notice.

(8) The Department may by notice given to the Board of Governors -

(a) withdraw any notice under paragraph (1), (4) or (7)(b); or

(b) vary -

(c) vary any notice under paragraph (4) so far as relating to any measures specified in it by virtue of paragraph (6)(b).

(9) If by virtue of paragraph (8)(c) the Department varies any notice under paragraph (4) so as to require different measures to be taken, it shall also substitute for the time specified in the notice by virtue of paragraph (6)(c) a time ending -

(a) not less than 3 months after the date on which the notice of variation is given to the Board of Governors; and

(b) where the time so specified has been extended under paragraph (7)(a), not earlier than that time as so extended.

    (10) Any variation under paragraph (9) of the time specified in a notice under paragraph (4) is without prejudice to any further extension of that time under paragraph (7).

    (11) Where the Department gives a notice under this Article to the Board of Governors of a school, it shall give a copy of the notice to the relevant board.

    (12) Where the Department gives a notice under paragraph (1), (4) or (7)(b) which states that the duty of the relevant board under Article 61 to pay maintenance grants to the Board of Governors of a school will cease on a specified date, the board shall cease to be under a duty to make such grants to that Board of Governors in respect of any period beginning on or after that date.

    (13) In this Article -

"notice" means notice in writing;

"relevant board", in relation to a voluntary grammar school, means the board for the area in which the school is situated.

Maintenance and other grants to grant-maintained integrated schools
63. - (1) Subject to the provisions of this Article and Article 64, a board shall in respect of each financial year make grants (known as maintenance grants) to the Board of Governors of a grant-maintained integrated school situated in its area in respect of expenditure incurred or to be incurred in that year in carrying on the school, other than expenditure of a capital nature.

(2) The amount of the maintenance grant payable in respect of a school for a financial year shall -

(a) in so far as it derives from the aggregated budget of the board for that year, be an amount equal to the school's budget share;

(b) in so far as it derives from excepted heads or items of expenditure of the board in that year, be such as the board may determine.

    (3) A board shall make grants to the Boards of Governors of a grant-maintained integrated school situated in its area of amounts equal to the costs of the trustees on foot of an approved contract.

    (4) Grants under this Article shall be made on such conditions (including conditions as to repayment) as the board may determine, with the approval of the Department.

    (5) The times at which, and the manner in which, payments are made in respect of grants under this Article shall be such as the board may determine with the approval of the Department.

    (6) Subject to any conditions imposed under paragraph (4), the Board of Governors of a grant-maintained integrated school -

(a) shall be entitled to spend any sums received by it by way of maintenance grants as it thinks fit for the purposes of the school; and

(b) may delegate to the principal its power under sub-paragraph (a)in relation to anysuchsums.

    (7) The members of the Board of Governors of a grant-maintained integrated school shall not incur any personal liability in respect of anything done in good faith in the exercise or purported exercise of their powers under paragraph (6).

Withdrawal of maintenance grants from grant-maintained integrated school
     64. - (1) The Department may give to the Board of Governors of a grant-maintained integrated school a notice stating that the duty of the relevant board under Article 63 to pay maintenance grants to the Board of Governors of the school will cease on a date specified in the notice.

    (2) Subject to the following provisions of this Article -

(a) a notice under paragraph (1) may not specify as the date on which the duty of the relevant board under Article 63 to pay maintenance grants to the Board of Governors of the school will cease a date falling less than 2 years after the date on which the notice is given to the Board of Governors; and

(b) before giving such a notice the Department shall consult -

(3) Paragraph (2) shall not apply where the Department is satisfied that the school as currently constituted or conducted is unsuitable to continue as a grant-maintained integrated school on all or any of the following grounds -

(a) that the number of registered pupils at the school is too small for sufficient and suitable instruction to be provided for them at reasonable cost;

(b) that the Board of Governors has failed for a significant period of time to carry out its duties under Part III of the 1989 Order,

(c) that the Board of Governors has been guilty of substantial or persistent failure to comply or secure compliance with any other requirement imposed by or under the Education Orders or any other statutory provision;

(d) that the school is not attended by reasonable numbers of both Protestant and Roman Catholic pupils.

    (4) In any case within paragraph (3), the Department may give to the Board of Governors of the school a notice stating the grounds on which it considers that the school as currently constituted or conducted is unsuitable to continue as a grant-maintained integrated school together with full particulars of the matters relevant to each such ground.

    (5) Where any of those matters are stated in the notice to be in the opinion of the Department irremediable, the notice shall also state that the duty of the relevant board under Article 63 to pay maintenance grants to the Board of Governors of the school will cease on a date specified in the notice.

    (6) Where paragraph (5) does not apply, the notice under paragraph (4) shall -

(a) state that the duty of the relevant board under Article 63 to pay maintenance grants to the Board of Governors of the school will cease unless the matters of which particulars are given in the notice are remedied;

(b) specify the measures necessary in the opinion of the Department to remedy those matters; and

(c) specify the time, not being less than three months after the date on which the notice is given to the Board of Governors, within which the Board of Governors is required to take those measures.

(7) Where the Board of Governors of a grant-maintained integrated school fails to take the measures required by a notice under paragraph (4) within the time specified in the notice or allowed by any previous notice under this paragraph, the Department shall within the period of 2 months beginning with the date next following the end of that time either -

(a) give notice to the Board of Governors extending the time within which those measures are required to be taken; or

(b) after consulting the relevant board, give a notice to the Board of Governors stating that the duty of the relevant board under Article 63 to pay maintenance grants to the Board of Governors will cease on a date specified in the notice.

(8) The Department may by notice given to the Board of Governors -

(a) withdraw any notice under paragraph (1), (4) or (7)(b); or

(b) vary -

(c) vary any notice under paragraph (4) so far as relating to any measures specified in it by virtue of paragraph (6)(b).

    (10) Any variation under paragraph (9) of the time specified in a notice under paragraph (4) is without prejudice to any further extension of that time under paragraph (7).

    (11) Where the Department gives a notice under this Article to the Board of Governors of a school, it shall give a copy of the notice to the relevant board.

    (12) Where the Department gives a notice under paragraph (1), (4) or (7)(b) which states that the duty of the relevant board under Article 63 to pay maintenance grants to the Board of Governors of a school will cease on a specified date, the board shall cease to be under a duty to make such grants to that Board of Governors in respect of any period beginning on or after that date.

    (13) In this Article -

"notice" means notice in writing;

"relevant board", in relation to a grant-maintained integrated school, means the board for the area in which the school is situated.

Information

Publication of schemes
65. A scheme shall be published in such manner as may be prescribed -

(a) on its coming into operation; and

(b) on such subsequent occasions as may be prescribed.

Prepared 26 August 1998

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URL: http://www.bailii.org/nie/legis/num_orders/1998/19981759(06).html

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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(06).html