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

BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!

[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

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(08).html

[New search] [Help]

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

Back to previous page

Functions of the Council in relation to accreditation and approval of certain external qualifications
75. - (1) The Council shall -

(a) with the approval of the Department, develop and publish criteria for the accreditation of relevant external qualifications;

(b) accredit, where they meet such criteria, any such qualifications submitted for accreditation.

(2) The Council shall advise the Department on the exercise of its powers under Article 81.

(3) In this Article -

"external qualification" means any academic or vocational qualification authenticated or awarded by an outside person;

"relevant external qualification" means an external qualification which -

(a) is, or is to be, provided for -

(b) is designated by the Department for the purposes of this Article;

"outside person" means -

(a) in relation to a school, a person other than a member of staff of the school;

(b) in relation to an institution of further education, a person other than a member of staff of the institution.

(4) The Department shall notify the Council in writing of any designation made by it under paragraph (3).

Other functions of the Council in relation to the curriculum, examinations and assessment
76. - (1) The Council shall -

(a) keep under review all aspects of the curriculum for grant-aided schools and all aspects of examinations and assessment;

(b) advise the Department on such matters concerned with the curriculum for grant-aided schools or with examinations and assessment as the Department may refer to it or as it may see fit;

(c) publish and disseminate, or secure or assist the publication and dissemination of, information relating to the curriculum for grant-aided schools or to examinations and assessment;

(d) produce, or secure or assist the production of, teaching materials for use in connection with the curriculum for grant-aided schools.

(2) The Council shall, with respect to persons under the age of 19 who are in full-time further education at an institution of further education -

(a) keep under review all aspects of the curriculum for institutions of further education and all aspects of examinations and assessment;

(b) advise the Department on such matters concerned with the curriculum for institutions of further education or with examinations and assessment as the Department may refer to it or as it may see fit;

(c) publish and disseminate, or secure or assist the publication and dissemination of, information relating to the curriculum for institutions of further education or to examinations and assessment;

(d) produce, or secure or assist the production of, teaching materials for use in connection with the curriculum for institutions of further education.

    (3) The Council shall produce, or secure or assist the production of, guidance and teaching materials for use (whether at a school or any other premises) in connection with the curriculum for children who have attained the age of 2 but have not attained the lower limit of compulsory school age.

    (4) The Council shall in connection with baseline assessment arrangements (within the meaning of Article 7) have the functions conferred on it by or under Article 9.

    (5) In this Article "examination" includes any examination, test or assessment for an academic or vocational qualification.

Consultation by the Council
     77. - (1) Before exercising its functions under Article 76(3) the Council shall consult with such bodies and persons as appear to it to be concerned.

    (2) Where the Department proposes to exercise -

(a) the power conferred by Article 7(1) of the 1989 Order to set in place or revise any programme of study or attainment target for any listed contributory subject; or

(b) the power conferred by Article 8(2) of that Order to set in place or revise objectives for any educational theme, the Department may refer the proposal to the Council.

(3) Where a proposal is referred to the Council under paragraph (2), the Council shall, before such date as the Department may direct -

(a) consult, with regard to the proposal, with such bodies or persons as appear to the Council to be concerned; and

(b) make a report to the Department containing -

Ancillary functions of the Council
78. - (1) The Council may, and shall if the Department so directs -

(a) carry out; or

(b) commission, or assist in any way, the carrying out by another body or person of, any programme of research and development for purposes connected with the functions of the Council.

    (2) The Council may enter into arrangements to perform functions on behalf of, or provide services to, any other examining body or authority; and such arrangements may provide for the payment by that body or authority of the whole or part of any expenditure incurred by the Council in carrying out the arrangements.

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

    (4) For the purposes of paragraph (3) 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 Part.

    (5) The Council shall make such reports and returns, and give such information, to the Department as the Department may reasonably require.

Discharge by the Council of its functions
     79. - (1) In carrying out its functions under this Part the Council shall -

(a) comply with Article 80(7) (work programme);

(b) so far as relevant, have regard to -

(c) seek to ensure that the standards of examinations and assessments conducted by bodies or authorities in Northern Ireland are recognised as equivalent to the standards of examinations and assessments conducted by bodies or authorities exercising similar functions elsewhere in the United Kingdom.

(2) In paragraph (1) "persons with special learning needs" means -

(a) children with special educational needs (as defined in Article 3 of the Education (Northern Ireland) Order 1996); and

(b) persons who have a learning difficulty (as defined in Article 3 of the Further Education (Northern Ireland) Order 1997).

Work programmes
80. - (1) The Council shall, at such time, in such form and in respect of such period as the Department may direct, prepare and submit to the Department a programme of its proposed activities in exercise of its functions (referred to in this Article as "a work programme").

(2) A work programme submitted to the Department under this Article shall include -

(a) in respect of each activity mentioned in the programme, an estimate of the Council's expenditure and receipts;

(b) such other matters as the Department may direct.

(3) Before submitting a work programme under this Article, the Council shall consult -

(a) the boards; and

(b) such other bodies or persons as it thinks fit.

    (4) The Department may request the Council to furnish such information in connection with any work programme submitted to the Department as the Department may require, including information as to the results of consultations under paragraph (3).

    (5) The Department may, after making such modifications, if any, in the work programme as, after consultation with the Council, it considers necessary, approve any work programme submitted under this Article.

    (6) The Council may at any time, and shall if the Department so directs, prepare and submit to the Department a revised work programme or an amendment to an existing work programme and paragraphs (2) to (5) shall apply in relation to any such revised work programme or amendment as they apply in relation to the original work programme.

    (7) It shall be the duty of the Council -

(a) to carry out the activities in a work programme approved under this Article in accordance with that programme;

(b) not to carry out any activities or incur any expenditure in any period except in accordance with the work programme approved under this Article in respect of that period.

PART IX
MISCELLANEOUS AND SUPPLEMENTARY
Miscellaneous
Approval of courses leading to external qualifications
     81. - (1) No course of study leading to an external qualification shall be provided for pupils of compulsory school age by or on behalf of a grant-aided school unless the qualification is for the time being approved by the Department.

    (2) No course of study leading to an external qualification shall be provided for pupils who have attained the upper limit of compulsory school age by or on behalf of a grant-aided school unless the qualification is for the time being approved by the Department.

    (3) No course of study leading to an external qualification shall be provided for persons under the age of 19 who are in full time attendance at an institution of further education by or on behalf of the institution unless the qualification is for the time being approved by the Department.

    (4) An approval under this Article may be given generally or in relation to particular cases.

    (5) In relation to any grant-aided school, it shall be the duty of the Board of Governors to exercise its functions with a view to securing and the duty of the principal to secure that paragraphs (1) and (2) are not contravened.

    (6) In relation to any institution of further education, it shall be the duty of the governing body to exercise its functions with a view to securing and the duty of the principal to secure that paragraph (3) is not contravened.

    (7) In this Article -

"external qualification" means any academic or vocational qualification authenticated or awarded by an outside person;

"outside person" means -

Work experience for school children
82. - (1) Article 63 of the 1986 Order (employment of children for purposes of work experience) shall be amended as follows.

(2) In paragraph (2) for the words from "but may be so employed" to the end there shall be substituted the words

" but may be so employed only -

(3) In paragraph (3) the definition of "summer term" shall be omitted and before the definition of "work experience" there shall be inserted -

Provision of secondary education for pupils in key stage 4 by institutions of further education
83. - (1) In Article 14(1) of the Further Education (Northern Ireland) Order 1997 (principal powers of governing body of institution of further education) after sub-paragraph (a) there shall be inserted -

    (2) A board may arrange for secondary education to be provided by an institution of further education on behalf of the Board of Governors of a grant-aided school in its area to meet the needs of any registered pupils at the school who are in key stage 4.

    (3) Before making any arrangements under paragraph (2) in relation to a registered pupil at a Catholic maintained school, a board shall consult the Council for Catholic Maintained Schools.

Recovery of wasted examination fees
     84. - (1) Chapter II of Part VIII of the 1989 Order (charges in grant-aided schools) shall be amended as follows.

    (2) After Article 136 there shall be inserted the following Article -

" Recovery of wasted examination fees

136A.

- (1) Notwithstanding Article 128(5) or Article 133(3), where -

(2) It shall be for the Board of Governors which has paid or is liable to pay the fee in question to determine for the purposes of this Article any question whether a pupil who has failed to meet an examination requirement had good reason for the failure.".

(3) In Article 137(6) after "135" there shall be inserted "or 136A".

Statement of special educational needs
85. In Schedule 2 to the Education (Northern Ireland) Order 1996 in paragraph 6 (statement of special educational needs to be accompanied by certain information) for sub-paragraph (b) there shall be substituted -

Exceptional provision of education
86. - (1) Each board shall make arrangements for the provision of suitable education at school or otherwise than at school for those children of compulsory school age who by reason of illness, expulsion or suspension from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.

(2) A board may make arrangements for the provision of suitable education otherwise than at school for those children over compulsory school age who -

(a) have not attained the age of 19; and

(b) by reason of illness, expulsion or suspension from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.

(3) In determining what arrangements to make under this Article in the case of any child a board shall have regard to any guidance given from time to time by the Department.

(4) In this Article -

"child" has the same meaning as in Part II of the Education (Northern Ireland) Order 1996;

"suitable education", in relation to a child, means efficient education suitable to his age, ability and aptitude and to any special educational needs he may have.

Pupil referral units
87. - (1) In the Education Orders "pupil referral unit" means a controlled or maintained school (other than a special school or a school established in a hospital) which -

(a) is specially organised to provide education for children to whom Article 86(1) applies; and

(b) is approved by the Department as a pupil referral unit.

(2) The Department may by regulations subject to affirmative resolution -

(a) provide for any statutory provision relating to grant-aided schools (or to a class or description of grant-aided schools) -

(b) make such other provision in relation to pupil referral units or pupils attending such units as it thinks necessary or appropriate.

    (3) A board may, in the case of any child registered at a grant-aided school in its area, give a direction that, for such period as may be specified in the direction, suitable education shall be provided for the child at a pupil referral unit so specified.

    (4) A board may at any time amend or revoke a direction under paragraph (3).

    (5) Where a pupil referral unit is specified in a direction for the time being in force under paragraph (3), it shall be the duty of the managers of the unit to comply with the direction.

    (6) Before giving, amending or revoking any direction under paragraph (3), a board shall consult -

(a) the parent of the child;

(b) the managers of the pupil referral unit specified (or to be specified) in the direction;

(c) if that unit is in the area of another board, the board for that area; and

(d) if that unit is a Catholic maintained school, the Council for Catholic Maintained Schools.

    (7) In this Article "child" and "suitable education" have the same meanings as in Article 86.

Power of boards to enter contracts for provision of assets or services
     88. - (1) Every statutory provision conferring or imposing a function on a board confers power on the board to enter into a contract with another person for the provision or making available of assets or services, or both, for the purposes of, or in connection with, the discharge of the function by the board.

    (2) Where -

(a) a board enters into a contract such as is mentioned in paragraph (1) ("the provision contract") under any statutory provision; and

(b) in connection with the provision contract, a person ("the financier") makes a loan to, or provides any other form of finance for, a party to the provision contract other than the board,

the statutory provision also confers power on the board to enter into a contract with the financier, or any insurer of or trustee for the financier, in connection with the provision contract.

    (3) Schedule 4 (which contains provision for the certification of contracts entered into by a board and the effect of such certification) shall have effect.

    (4) This Article and Schedule 4 apply to any contract which a board enters into after 12th June 1997.

Irish-medium education
     89. - (1) It shall be the duty of the Department to encourage and facilitate the development of Irish-medium education.

    (2) The Department may, subject to such conditions as it thinks fit, pay grants to any body appearing to the Deparmtent to have as an objective the encouragement or promotion of Irish-medium education.

    (3) The approval of the Department to a proposal under article 14 of the 1986 Order to establish a new Irish speaking voluntary school may be granted upon such terms and conditions as the Department may determine.

    (4) In this article "Irish-medium education" means education provided in an Irish speaking school.

    (5) Article 35(2) of the 1989 Order applies for the purposes of this Article as it applies for the purposes of Part III of that Order.

Supplementary
Regulations and orders
90. - (1) Subject to paragraph (2), regulations and orders made by the Department under this Order shall be subject to negative resolution.

(2) Paragraph (1) does not apply to -

    (3) Regulations and orders made by the Department under this Order may contain such incidental, supplementary and transitional provisions as appear to the Department to be appropriate.

Amendments, repeals and savings
     91. - (1) The statutory provisions set out in Schedule 5 shall have effect subject to the amendments specified in that Schedule.

    (2) The statutory provisions set out in Schedule 6 are hereby repealed to the extent specified in the third column of that Schedule.

    (3) The repeal of the statutory provisions set out in Part II of Schedule 6 does not affect their operation in relation to any financial year ending before the day on which the repeal of those provisions comes into operation.

N.H. Nicholls
Clerk of the Privy Council

Prepared 26 August 1998

Continue

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/nie/legis/num_orders/1998/19981759(08).html

	[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	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(08).html