Northern Ireland Orders in Council

(a) shall provide for the membership of the Council to include persons representative of - 


(i) teachers;

(ii) employing authorities;

(iii) transferors and trustees of grant-aided schools;

(iv) institutions providing for the initial and further training of teachers;

(v) industry and commerce; and

(vi) such other interests as in the opinion of the Department will enable the Council to carry out its functions more effectively;



(b) shall provide for - 

(i) the appointment or election and tenure of office of, and the vacation of office by, members of the Council;



(ii) the appointment or election of one of the members of the Council to be chairman of the Council and the period for which the chairman is to hold office;



(c) may enable or require the Council to establish committees for any purpose specified in the regulations and provide for the constitution of such committees.

    (3) Regulations under sub-paragraph (1) may authorise the Council to make provision with respect to any matter.

(a) invest sums not immediately required for the purpose of carrying out its functions;

(b) accept gifts of money, land or other property; and

(c) charge for services provided by it. Staff

     4. The right of the Council under section 19(1)(a)(vi) of the Interpretation Act (Northern Ireland) 1954 to employ staff shall be exercised subject to paragraph 5 and to any directions given by the Department with respect to the number and terms and conditions of service of persons employed or to be employed by the Council. The registrar

     5.  - (1) The Council shall have a chief officer (known as "the registrar") who shall be appointed - 

(a) in the case of the first registrar, by the Department; and

(b) in the case of any subsequent registrar, by the Council with the approval of the Department.

    (2) The terms and conditions of service of the registrar shall - 

(a) in the case of the first registrar, be such as the Department may determine; and

(b) in the case of any subsequent registrar, be such as the Council may determine with the approval of the Department.

    (3) The registrar shall be entitled to attend and take part in meetings of the Council and its committees but not to vote on any question.

(a) the convening of meetings of the Council and of committees of the Council;

(b) the fixing of the quorum for such meetings;

(c) the conduct of business at such meetings;

(d) the keeping of minutes, accounts and other records;

(e) the signing of cheques;

(f) the custody of deeds and other documents;

(g) the duties of officers of the Council; and

(h) such other matters connected with the conduct of its business as it thinks fit.

    (3) In making standing orders under this paragraph the Council shall take into account any guidance given by the Department as to the provisions it regards as appropriate for inclusion in the standing orders.

(a) the chairman of the Council or some other person authorised either generally or specially by the Council for that purpose; and

(b) one other member.

    (2) Every document purporting to be an instrument made or issued by or on behalf of the Council andto be duly executed under the seal of the Council, or to be signed or executed by a person authorised by the Council to act in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

(a) the Council shall prepare and submit to the Comptroller and Auditor General and the Department a statement of accounts before such date, in such form and containing such information as the Department, with the approval of the Department of Finance and Personnel, may direct;

(b) the Comptroller and Auditor General shall examine and certify the statement of accounts submitted to him by the Council; and

(c) the Department shall lay before the Assembly a copy of the certified statement of accounts of the Council together with a copy of any report thereon of the Comptroller and Auditor General.

    (3) The Comptroller and Auditor General in the discharge of his functions under this paragraph shall have right of access to the books, accounts and records of the Council and may require from any member or officer or former member or officer of the Council such information relating to the affairs of the Council as he may think necessary for the proper performance of those functions.

    (4) In this paragraph "Comptroller and Auditor General" means the Comptroller and Auditor General for Northern Ireland.

(a) lay before the Assembly copies of every report received under sub-paragraph (1); and

(b) arrange for every such report to be published in such form as the Department thinks appropriate.

(a) disciplinary rules and procedures; and

(b) procedures such as are mentioned in sub-paragraph (1), and shall take such steps as appear to it to be appropriate for making them known to the staff at the school.

    (3) Where the implementation of any determination made by the Board of Governors in the exercise of its control over the conduct and discipline of the staff of any such school requires any action which - 

(a) is not within the functions exercisable by the Board of Governors by virtue of the Education Orders; and

(b) is within the power of the employing authority, it shall be the duty of the employing authority to take that action at the request of the Board of Governors.

Suspension

     4.  - (1) In the case of any school to which this Schedule for the time being applies, the Board of Governors and the principal shall both have power to suspend any person employed to work at the school where, in the opinion of the Board of Governors or (as the case may be) of the principal, his exclusion from the school is required.

    (2) The Board of Governors or principal, when exercising that power, shall immediately inform the employing authority and the principal or (as the case may be) the Board of Governors.

    (3) Any suspension under this paragraph may only be ended by the Board of Governors; and the Board of Governors shall, on ending such a suspension, immediately inform the employing authority and the principal.

    (4) In this paragraph "suspend" means suspend without loss of emoluments.

(a) the person concerned is employed under the contract of employment in question to work solely at the school; and

(b) he does not resign, the employing authority shall, before the end of the period of one month beginning with the date on which the notification under sub-paragraph (1) is given in relation to him, either give him such notice terminating that contract with the employing authority as is required under that contract or terminate that contract without notice if the circumstances are such that it is entitled to so do by reason of his conduct.

    (3) If in a case within sub-paragraph (1) the person concerned is not employed under the contract of employment in question to work solely at the school the employing authority shall require him to cease to work at the school.

    (4) In any case within sub-paragraph (3) no part of the costs incurred by a board in respect of the emoluments of the person concerned under the contract of employment in question, so far as relates to any period falling after the expiration of his contractual notice period, shall be met from the school's budget share.

    (5) In relation to any such person, the reference in sub-paragraph (4) to his contractual notice period is a reference to the period of notice that would have been given under the contract of employment in question for termination of that contract if such notice had been given on the date on which the notification under sub-paragraph (1) was given in relation to him.

    (6) The Board of Governors of such a school shall make arrangements for affording to any person in respect of whom it proposes to make any determination under sub-paragraph (1) an opportunity of making representations with respect to the action it proposes to take, including (if he so wishes) oral representations to such person or persons as the Board of Governors may appoint for the purpose, and shall have regard to any representation made by him.

    (7) The Board of Governors of such a school shall also make arrangements for affording to any person in respect of whom it has made such a determination an opportunity of appealing against it before it notifies the employing authority of the determination.

    (8) The relevant officer of the employing authority shall be entitled to attend, for the purpose of giving advice, all proceedings of the Board of Governors relating to any determination under sub-paragraph (1) and the Board of Governors shall consider any advice given by a person entitled to attend such proceedings under this sub-paragraph before making any such determination.

     6.  - (1) Subject to sub-paragraph (2), the employing authority shall not dismiss a person employed by it to work solely at a school to which this Schedule for the time being applies except as provided by paragraph 5.

    (2) Sub-paragraph (1) shall not apply in any case where the dismissal of the person in question is required to comply with - 

(a) Article 35(3); or

(b) any regulations made under Article 88A of the 1986 Order.

Payments in respect of dismissals, resignations, etc.

     7.  - (1) Subject to sub-paragraph (2), it shall be for the Board of Governors of any school to which this Schedule for the time being applies to determine - 

(a) whether any payment should be made by the relevant board in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of the school; and

(b) the amount of any such payment.

    (2) Sub-paragraph (1) does not apply in relation to any payment which is required or authorised to be made - 

(a) by virtue of any contract other than one made in contemplation of the impending dismissal or resignation of the member of staff concerned; or

(b) under any statutory provision.

    (3) The relevant board - 

(a) shall take such steps as may be required for giving effect to any determination of the Board of Governors of any such school under sub-paragraph (1); and

(b) shall not make, or agree to make, any payment to which that sub-paragraph applies in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of any such school otherwise than in accordance with any such determination.

    (4) Costs incurred by the relevant board in giving effect to any determination under sub-paragraph (1) in respect of any member of the staff of any such school shall not be met from the school's budget share for any financial year except in so far as the board has good reason for deducting those costs, or any part of those costs, from that share.

    (5) The fact that the employing authority has a policy precluding dismissal of its employees by reason of redundancy is not to be regarded as a good reason for the purposes of sub-paragraph (4).

    (6) In this paragraph "the relevant board" means - 

(a) in relation to a member of the staff of a controlled school, the board responsible for the management of the school;

(b) in relation to a member of the staff of a maintained school, the board by which the school is maintained.

School meals staff

     8. Nothing in paragraphs2 to 7 shallapply in relation toaperson employed to work at a school to which this Schedule for the time being applies, where - 

(a) the person concerned is to be, or is, employed to work solely in connection with the provision of a schools meals service; and

(b) no allowance is made for expenditure on or in connection with the provision of such a service in determining the school's budget share.

Application of employment law

     9.  - (1) The Department may by order make such modifications in any statutory provision relating to employment and, in particular, in any statutory provision - 

(a) conferring powers or imposing duties on employers;

(b) conferring rights on employees; or

(c) otherwise regulating the relations between employers and employees; as it considers necessary or expedient in consequence of the operation of any of the provisions of this Schedule.

    (2) Before making any order under this paragraph, the Department shall consult - 

(a) the boards;

(b) the Council for Catholic Maintained Schools;

(c) the Boards of Governors of maintained schools (other than Catholic maintained schools) or any body representing their interests;

(d) such organisations representing staff in controlled and maintained schools as appear to the Department to be concerned; and

(e) such other persons as the Department thinks fit.

Interpretation

     10.  - (1) In this Schedule "employing authority" means - 

(a) in relation to teachers and other staff in a controlled school, the board responsible for the management of the school;

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

(c) in relation to other staff in a Catholic maintained school, the board by which the school is maintained; and

(d) in relation to staff other than teachers in a maintained school other than a Catholic maintained school, the board by which the school is maintained.

    (2) In paragraph 5(8) "the relevant officer" of the employing authority means - 

(a) where the employing authority is a board, the chief education officer of the board or another officer of the board nominated by him;

(b) where the employing authority is the Council for Catholic Maintained Schools, the chief executive of the Council or another officer of the Council nominated by him.