Northern Ireland Orders in Council

(a) incurred for the provision or alteration of the premises of a voluntary school, a sum equal to - 


(i) that expenditure where, when that expenditure is approved, the school is - 


(A) a maintained school in relation to which an agreement under paragraph 1 of Schedule 5 to the 1986 Order is in force; or

(B) a voluntary grammar school in relation to which an agreement under paragraph 1(1)(a) of Schedule 6 to the 1986 Order is in force;



(ii) eighty-five per cent. of that expenditure where, when that expenditure is approved, the school is - 



(A) a maintained school not falling within head (i)(A); or

(B) a voluntary grammar school in relation to which an agreement under paragraph 1(1)(b) of Schedule 6 to the 1986 Order is in force;



(iii) sixty-five per cent. of that expenditure in any other case;



(b) incurred for the provision of equipment provided in connection with the provision or alteration of the premises of a voluntary grammar school, a sum equal to - 



(i) that expenditure where, when that expenditure is approved, an agreement under paragraph 1(1)(a) of Schedule 6 to the 1986 Order is in force in relation to the school;

(ii) eighty-five per cent. of that expenditure where, when that expenditure is approved, an agreement under paragraph 1(1)(b) of Schedule 6 to the 1986 Order is in force in relation to the school;

(iii) sixty-five per cent. of that expenditure in any other case;

    (2) No grant shall be paid under paragraph (1)(a)(iii) to a person in respect of expenditure incurred for the provision or alteration of any premises of a voluntary grammar school other than school meals premises.

    (3) In paragraph (2) "schools meals premises" means premises used, or to be used, wholly or mainly for the carrying out of arrangements approved under Article 58(5) or (6) of the 1986 Order.

    (4) Where a contract entered into for the provision or alteration of the premises of a school provides for payment by instalments, the date on which an instalment is paid under the contract may, for the purposes of this Article, be taken as the date on which expenditure of the amount of that instalment has been incurred.

    (5) For the purposes of this Article, any question as to the date on which any expenditure was incurred or approved shall be determined by the Department.

    (6) Regulations under paragraph (1) may make provision for - 

(a) the repayment in such circumstances as are prescribed of the whole or part of any grant paid under this Article;

(b) the reduction in such circumstances as are prescribed of the amount of grant which would otherwise be payable under this Article;

(c) the payment to the Department by such person as may be prescribed of a sum where - 


(i) any premises of a school in respect of which the Department has, at any time after 8th August 1978, paid a grant under paragraph (1)(a), cease to be used for approved purposes of a grant-aided school; or

(ii) any site in respect of which the Department has, at any time after that date, paid a grant under paragraph (1)(a), ceases, in the opinion of the Department, to be required for the purposes of a grant-aided school.

    (7) Without prejudice to the generality of paragraph (6), regulations making any such provision as is mentioned in that paragraph may - 

(a) provide for any repayment, reduction or payment under the regulations to be of such amount as the Department considers equitable;

(b) provide for any such repayment, reduction or payment not to exceed such amount as may be determined under or in accordance with the regulations;

(c) provide for any amount determined as mentioned in sub-paragraph

(b) to include an amount in respect of interest calculated in such manner as may be prescribed; and

(d) apply, subject to paragraph (6)(c), to grants made before the coming into operation of this Article under Article 116 of the 1986 Order.

(a) the maintenance of the school premises;

(b) providing and replacing equipment;

(c) employing in accordance with Article 88 of the 1986 Order persons, other than teachers, required in or about the school;

(d) meeting the teaching costs of the school; and

(e) meeting the cost of doing all such other things as may be necessary for the carrying on of the school, other than the cost of providing or altering the premises of the school.

    (2) The responsibility of a board under paragraph (1) does not extend to - 

(a) any part of the premises of a school used wholly or mainly for boarding purposes; or

(b) meeting anycosts incurred in carrying on such part.

    (3) Paragraph (1) does not impose on a board responsibility for any matter which under an approved contract entered into by the trustees of a maintained school is the responsibility of the contractor.

    (4) The duty of a board under paragraph (1)(d) to meet the costs of a redundancy payment in respect of a teacher ceasing to be employed on the staff of a maintained school is a duty to pay to - 

(a) the Council for Catholic Maintained Schools, where the teacher was employed on the staff of a Catholic maintained school; and

(b) the Board of Governors of the school, in any other case, a sum equal to the amount of the redundancy payment.

    (5) A board shall be responsible for meeting the costs of the trustees of a maintained school situated in its area on foot of an approved contract, and accordingly shall make grants to those trustees of amounts equal to those costs.

    (6) Grants under paragraph (5) shall be made on such conditions (including conditions as to repayment) as the board may determine with the approval of the Department.

    (7) A board shall pay to the Council for Catholic Maintained Schools an amount equal to the expenditure incurred or to be incurred by that Council in insuring against any liability for personal injury suffered by a teacher employed on the staff of a Catholic maintained school situated in its area and arising out of and in the course of his employment by that Council.

    (8) Any question which may arise as to the responsibility of a board under this Article shall be referred to the Department whose decision thereon shall be final.

    (9) In this Article "the teaching costs", in relation to a maintained school, means the costs of - 

(a) the salaries and allowances of teachers employed on the staff of the school;

(b) secondary Class 1 contributions under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and employers' superannuation contributions in respect of such teachers;

(c) payments to which paragraph 7(1)(a) of Schedule 2 applies;

(d) redundancy payments under the Employment Rights (Northern Ireland) Order 1996 in respect of teachers ceasing to be employed on the staff of the school.

(a) conduct the relevant examinations;

(b) conduct the relevant assessments, in accordance with such assessment arrangements as are specified under Article 7(1)(b) of the 1989 Order.

    (2) For the purposes of this Article the power of the Council to conduct the relevant examinations includes power - 

(a) to enter into arrangements for the conduct by any other person or body of all or any part of any such examinations on such terms and conditions (including conditions as to payment) as the Council may determine;

(b) to draw up and publish - 


(i) rules and syllabuses;

(ii) specimen papers; and

(iii) such other material as it considers desirable, in connection with such examinations;



(c) to moderate, or arrange for the moderation of, such examinations;

(d) to award appropriate certificates in respect of such examinations.

    (3) For the purposes of this Article the power of the Council to conduct the relevant assessments includes power - 

(a) with the approval of the Department, to enter into arrangements for the conduct by any other person or body of all or any part of such assessments on such terms and conditions (including conditions as to payment) as the Council may determine;

(b) to draw up and publish - 


(i) specimen papers; and

(ii) such other material as it considers desirable, in connection with such assessments;



(c) to moderate, or arrange for the moderation of, such assessments.

    (4) The Council may charge such fees in connection with relevant examinations as may be approved by the Department.

    (5) The Council shall make arrangements for the consideration by the Council of appeals against any decision or complaints against any action - 

(a) taken by the Council under this Article; or

(b) taken in accordance with arrangements entered into by the Council under paragraph (2)(a) or (3)(a).

    (6) In this Article - 

     "examination" includes any examination, test or assessment for an academic or vocational qualification;

     "relevant assessments" means assessments of pupils required by Article 6(3) of the 1989 Order;

     "relevant examinations" means such examinations as the Department, after consultation with the Council, may determine.

    (7) The Department shall notify the Council in writing of any determination made by it under paragraph (6).