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Education (Northern Ireland) Order 1998

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 1998, ISBN 0337377170

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

PROPOSAL FOR A DRAFT ORDER IN COUNCIL UNDER PARAGRAPH 1 OF SCHEDULE 1 TO THE NORTHERN IRELAND ACT 1974

NORTHERN IRELAND

Made

Coming into operation in accordance with Article 1(2) and (3)

At the Court at the day of 1998

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has been approved by a resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the 1974 c. 28Northern Ireland Act 1974 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Contents

  1. Part I: INTRODUCTORY
  2. 1Title and commencement
  3. 2Interpretation
  4. Part II: DISCIPLINE
  5. 3Responsibility of Board of Governors and principal for discipline
  6. 4Power of member of staff to restrain pupils
  7. 5Detention of pupil outside school hours
  8. 6Duty of board to prepare plan relating to children with behavioural difficulties
  9. Part III: ASSESSMENT AND PUPILS' PERFORMANCE
  10. Chapter I: BASELINE ASSESSMENTS
  11. 7Introductory
  12. 8Assessment of pupils in accordance with baseline assessment arrangements
  13. 9Arrangements for baseline assessment
  14. Chapter II: ASSESSMENT ARRANGEMENTS AND PUPILS' PERFORMANCE
  15. Assessment arrangements
  16. 10Assessment arrangements
  17. Pupils' performance
  18. 11School performance targets
  19. 12Provision of information on individual performance of pupils
  20. Part IV: PERFORMANCE AND MANAGEMENT OF SCHOOLS
  21. 13School development plans
  22. 14Appointment of additional governors for school not providing acceptable standard of education
  23. 15Contents of annual report
  24. 16Limits on class sizes in key stage 1
  25. Part V: PRE-SCHOOL EDUCATION
  26. Chapter I: PROVISION OF PRE-SCHOOL EDUCATION
  27. 17Plans for pre-school education
  28. 18Grants in respect of pre-school education
  29. 19Inspection of pre-school education
  30. 20Nursery schools to be eligible for grant maintained integrated and controlled integrated status
  31. 21Information as to funded pre-school education provided otherwise than in a grant-aided school
  32. Chapter II: ADMISSION TO PRE-SCHOOL EDUCATION AT GRANT-AIDED SCHOOLS
  33. Introductory
  34. 22Application and interpretation of this Chapter
  35. 23Arrangements for admission to pre-school education at grant-aided schools
  36. Admission to full-time pre-school education
  37. 24Duties of Board of Governors in relation to admission to full-time pre-school education
  38. 25Determination of full-time enrolment number for a school
  39. 26Admission decisions in relation to full-time pre-school education
  40. 27Appeals against certain admission decisions under Article 26
  41. Admission to part-time pre-school education
  42. 28Duties of Board of Governors in relation to admission to part-time pre-school education
  43. 29Determination of part-time enrolment number for a school
  44. 30Admission decisions in relation to part-time pre-school education
  45. 31Appeals against certain admission decisions under Article 30
  46. General
  47. 32Admission criteria
  48. 33Information as to schools and admission arrangements
  49. Part VI: TEACHERS
  50. Chapter I: THE GENERAL TEACHING COUNCIL FOR NORTHERN IRELAND
  51. 34The General Teaching Council for Northern Ireland
  52. 35Registration of teachers
  53. 36Regulations as to registration
  54. 37Advisory functions of the Council
  55. 38Additional and ancillary functions
  56. 39Deduction of fees from salary of teachers
  57. 40Supply of information relating to teachers
  58. 41Interpretation of this Chapter
  59. Chapter II: EMPLOYMENT OF TEACHERS
  60. 42Eligibility for employment as principal of grant-aided school
  61. 43Appointment of teachers
  62. Part VII: FINANCING OF SCHOOLS
  63. Chapter I: FINANCING OF SCHOOLS BY BOARDS
  64. Schemes for financing schools
  65. 44Schemes for financing schools – introductory
  66. 45Schools required to be covered by a scheme
  67. 46Duty of board to have scheme for financing schools
  68. 47Preparation and imposition of schemes
  69. 48Replacement and variation of schemes
  70. Provision by a scheme for determination of budget shares
  71. 49Calculation of board’s aggregated budget
  72. 50Application of the allocation formula
  73. 51Premature retirement compensation costs
  74. Financial delegation in respect of controlled and maintained schools
  75. 52Provision by a scheme for financial delegation
  76. 53Conditions as to delegation
  77. 54Effect of financial delegation
  78. 55Suspension of financial delegation for mismanagement, etc.
  79. 56Review of suspension
  80. 57Appeal against suspension or refusal to revoke it
  81. 58Financial delegation: staff
  82. Financing by boards of special schools
  83. 59Application of schemes to special schools
  84. 60Governors of special school not covered by a scheme
  85. Financing by boards of voluntary grammar and grant-maintained integrated schools
  86. 61Maintenance and other grants to voluntary grammar schools
  87. 62Withdrawal of maintenance grants from voluntary grammar school
  88. 63Maintenance and other grants to grant-maintained integrated schools
  89. 64Withdrawal of maintenance grants from grant-maintained integrated school
  90. Information
  91. 65Publication of schemes
  92. 66Publication of financial statements
  93. 67Financial statements in respect of special schools not covered by statements under Article 66
  94. Chapter II: FINANCING OF SCHOOLS BY DEPARTMENT
  95. 68Building and equipment grants for voluntary schools
  96. 69Capital and special purpose grants for grant-maintained integrated schools
  97. Chapter III: MISCELLANEOUS FINANCIAL PROVISIONS RELATING TO SCHOOLS
  98. 70Duties of boards in relation to maintained schools
  99. 71Payment of salaries, etc of teachers
  100. 72Charges for educational facilities and services
  101. Part VIII: THE NORTHERN IRELAND COUNCIL FOR THE CURRICULUM, EXAMINATIONS AND ASSESSMENT
  102. 73The Northern Ireland Council for the Curriculum, Examinations and Assessment
  103. 74Duty of the Council to conduct examinations and assessments
  104. 75Functions of the Council in relation to accreditation and approval of certain external qualifications
  105. 76Other functions of the Council in relation to the curriculum, examinations and assessment
  106. 77Consultation by the Council
  107. 78Ancillary functions of the Council
  108. 79Discharge by the Council of its functions
  109. 80Work programmes
  110. Part IX: MISCELLANEOUS AND SUPPLEMENTARY
  111. Miscellaneous
  112. 81Approval of courses leading to external qualifications
  113. 82Work experience for school children
  114. 83Provision of secondary education for pupils in key stage 4 by institutions of further education
  115. 84Recovery of wasted examination fees
  116. 85Statement of special educational needs
  117. 86Exceptional provision of education in pupil referral units or elsewhere
  118. 87Power of boards to enter contracts for provision of assets or services
  119. Supplementary
  120. 88Regulations and orders
  121. 89Amendments, repeals and savings
  122. Signature
  123. Schedule 1: THE GENERAL TEACHING COUNCIL FOR NORTHERN IRELAND
  124. Constitution
  125. 1Paragraph 1
  126. Status
  127. 2Paragraph 2
  128. Powers
  129. 3Paragraph 3
  130. Staff
  131. 4Paragraph 4
  132. The registrar
  133. 5Paragraph 5
  134. Assessors
  135. 6Paragraph 6
  136. Delegation of functions
  137. 7Paragraph 7
  138. Allowances to members
  139. 8Paragraph 8
  140. Procedure
  141. 9Paragraph 9
  142. Application of seal and proof of instruments
  143. 10Paragraph 10
  144. Finance
  145. 11Paragraph 11
  146. Accounts
  147. 12Paragraph 12
  148. Annual report
  149. 13Paragraph 13
  150. Schedule 2: PROVISIONS RELATING TO THE STAFF OF CONTROLLED AND MAINTAINED SCHOOLS WITH DELEGATED BUDGETS
  151. Application of this Schedule
  152. 1Paragraph 1
  153. Determination of staff complement
  154. 2Paragraph 2
  155. Discipline
  156. 3Paragraph 3
  157. Suspension
  158. 4Paragraph 4
  159. Dismissal, etc.
  160. 5Paragraph 5
  161. 6Paragraph 6
  162. Payments in respect of dismissals, resignations, etc.
  163. 7Paragraph 7
  164. School meals staff
  165. 8Paragraph 8
  166. Application of employment law
  167. 9Paragraph 9
  168. Interpretation
  169. 10Paragraph 10
  170. Schedule 3: THE NORTHERN IRELAND COUNCIL FOR THE CURRICULUM, EXAMINATIONS AND ASSESSMENT
  171. Constitution and status
  172. 1Paragraph 1
  173. 2Paragraph 2
  174. Qualifications of members and tenure of office
  175. 3Paragraph 3
  176. Committees
  177. 4Paragraph 4
  178. Procedure
  179. 5Paragraph 5
  180. 6Paragraph 6
  181. 7Paragraph 7
  182. 8Paragraph 8
  183. Staff
  184. 9Paragraph 9
  185. Allowances
  186. 10Paragraph 10
  187. Power to form bodies corporate
  188. 11Paragraph 11
  189. Finance
  190. 12Paragraph 12
  191. Accounts and audit
  192. 13Paragraph 13
  193. Schedule 4: CERTIFIED CONTRACTS OF A BOARD
  194. Certified contracts assumed to be intra vires
  195. 1Paragraph 1
  196. The certification requirements
  197. 2Paragraph 2
  198. Special provision for judicial review
  199. 3Paragraph 3
  200. Relevant discharge terms
  201. 4Paragraph 4
  202. Absence of relevant discharge terms
  203. 5Paragraph 5
  204. Schedule 5: AMENDMENTS
  205. Part I: AMENDMENTS COMING INTO OPERATION 2 MONTHS AFTER MAKING OF ORDER
  206. The Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14)
  207. The Education and Libraries (Northern Ireland) Order 1986 (NI 3)
  208. The Education Reform (Northern Ireland) Order 1989 (NI 20)
  209. The Education (Northern Ireland) Order 1997 (NI 5)
  210. Part II: AMENDMENTS COMING INTO OPERATION ON A DAY APPOINTED UNDER ARTICLE 1(3)
  211. The Exchequer and Financial Provisions Act (Northern Ireland) 1950 (c. 3 (N.I.))
  212. The Education and Libraries (Northern Ireland) Order 1986 (NI 3)
  213. The Education Reform (Northern Ireland) Order 1989 (NI 20)
  214. The Value Added Tax Act 1994 (c. 23)
  215. The Education (Northern Ireland) Order 1996 (NI 1)
  216. The Employment Rights (Northern Ireland) Order 1996 (NI 16)
  217. Schedule 6: REPEALS
  218. IREPEALS COMING INTO OPERATION 2 MONTHS AFTER MAKING OF ORDER
  219. IIREPEALS COMING INTO OPERATION ON A DAY APPOINTED UNDER ARTICLE 1(3)
  220. Explanatory note