Education (Northern Ireland) Order 1998
Draft 1998, ISBN 0337377170
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
- Part I: INTRODUCTORY
- 1Title and commencement
- 2Interpretation
- Part II: DISCIPLINE
- 3Responsibility of Board of Governors and principal for discipline
- 4Power of member of staff to restrain pupils
- 5Detention of pupil outside school hours
- 6Duty of board to prepare plan relating to children with behavioural difficulties
- Part III: ASSESSMENT AND PUPILS' PERFORMANCE
- Chapter I: BASELINE ASSESSMENTS
- 7Introductory
- 8Assessment of pupils in accordance with baseline assessment arrangements
- 9Arrangements for baseline assessment
- Chapter II: ASSESSMENT ARRANGEMENTS AND PUPILS' PERFORMANCE
- Assessment arrangements
- 10Assessment arrangements
- Pupils' performance
- 11School performance targets
- 12Provision of information on individual performance of pupils
- Part IV: PERFORMANCE AND MANAGEMENT OF SCHOOLS
- 13School development plans
- 14Appointment of additional governors for school not providing acceptable standard of education
- 15Contents of annual report
- 16Limits on class sizes in key stage 1
- Part V: PRE-SCHOOL EDUCATION
- Chapter I: PROVISION OF PRE-SCHOOL EDUCATION
- 17Plans for pre-school education
- 18Grants in respect of pre-school education
- 19Inspection of pre-school education
- 20Nursery schools to be eligible for grant maintained integrated and controlled integrated status
- 21Information as to funded pre-school education provided otherwise than in a grant-aided school
- Chapter II: ADMISSION TO PRE-SCHOOL EDUCATION AT GRANT-AIDED SCHOOLS
- Introductory
- 22Application and interpretation of this Chapter
- 23Arrangements for admission to pre-school education at grant-aided schools
- Admission to full-time pre-school education
- 24Duties of Board of Governors in relation to admission to full-time pre-school education
- 25Determination of full-time enrolment number for a school
- 26Admission decisions in relation to full-time pre-school education
- 27Appeals against certain admission decisions under Article 26
- Admission to part-time pre-school education
- 28Duties of Board of Governors in relation to admission to part-time pre-school education
- 29Determination of part-time enrolment number for a school
- 30Admission decisions in relation to part-time pre-school education
- 31Appeals against certain admission decisions under Article 30
- General
- 32Admission criteria
- 33Information as to schools and admission arrangements
- Part VI: TEACHERS
- Chapter I: THE GENERAL TEACHING COUNCIL FOR NORTHERN IRELAND
- 34The General Teaching Council for Northern Ireland
- 35Registration of teachers
- 36Regulations as to registration
- 37Advisory functions of the Council
- 38Additional and ancillary functions
- 39Deduction of fees from salary of teachers
- 40Supply of information relating to teachers
- 41Interpretation of this Chapter
- Chapter II: EMPLOYMENT OF TEACHERS
- 42Eligibility for employment as principal of grant-aided school
- 43Appointment of teachers
- Part VII: FINANCING OF SCHOOLS
- Chapter I: FINANCING OF SCHOOLS BY BOARDS
- Schemes for financing schools
- 44Schemes for financing schools – introductory
- 45Schools required to be covered by a scheme
- 46Duty of board to have scheme for financing schools
- 47Preparation and imposition of schemes
- 48Replacement and variation of schemes
- Provision by a scheme for determination of budget shares
- 49Calculation of board’s aggregated budget
- 50Application of the allocation formula
- 51Premature retirement compensation costs
- Financial delegation in respect of controlled and maintained schools
- 52Provision by a scheme for financial delegation
- 53Conditions as to delegation
- 54Effect of financial delegation
- 55Suspension of financial delegation for mismanagement, etc.
- 56Review of suspension
- 57Appeal against suspension or refusal to revoke it
- 58Financial delegation: staff
- Financing by boards of special schools
- 59Application of schemes to special schools
- 60Governors of special school not covered by a scheme
- Financing by boards of voluntary grammar and grant-maintained integrated schools
- 61Maintenance and other grants to voluntary grammar schools
- 62Withdrawal of maintenance grants from voluntary grammar school
- 63Maintenance and other grants to grant-maintained integrated schools
- 64Withdrawal of maintenance grants from grant-maintained integrated school
- Information
- 65Publication of schemes
- 66Publication of financial statements
- 67Financial statements in respect of special schools not covered by statements under Article 66
- Chapter II: FINANCING OF SCHOOLS BY DEPARTMENT
- 68Building and equipment grants for voluntary schools
- 69Capital and special purpose grants for grant-maintained integrated schools
- Chapter III: MISCELLANEOUS FINANCIAL PROVISIONS RELATING TO SCHOOLS
- 70Duties of boards in relation to maintained schools
- 71Payment of salaries, etc of teachers
- 72Charges for educational facilities and services
- Part VIII: THE NORTHERN IRELAND COUNCIL FOR THE CURRICULUM, EXAMINATIONS AND ASSESSMENT
- 73The Northern Ireland Council for the Curriculum, Examinations and Assessment
- 74Duty of the Council to conduct examinations and assessments
- 75Functions of the Council in relation to accreditation and approval of certain external qualifications
- 76Other functions of the Council in relation to the curriculum, examinations and assessment
- 77Consultation by the Council
- 78Ancillary functions of the Council
- 79Discharge by the Council of its functions
- 80Work programmes
- Part IX: MISCELLANEOUS AND SUPPLEMENTARY
- Miscellaneous
- 81Approval of courses leading to external qualifications
- 82Work experience for school children
- 83Provision of secondary education for pupils in key stage 4 by institutions of further education
- 84Recovery of wasted examination fees
- 85Statement of special educational needs
- 86Exceptional provision of education in pupil referral units or elsewhere
- 87Power of boards to enter contracts for provision of assets or services
- Supplementary
- 88Regulations and orders
- 89Amendments, repeals and savings
- Signature
- Schedule 1: THE GENERAL TEACHING COUNCIL FOR NORTHERN IRELAND
- Constitution
- 1Paragraph 1
- Status
- 2Paragraph 2
- Powers
- 3Paragraph 3
- Staff
- 4Paragraph 4
- The registrar
- 5Paragraph 5
- Assessors
- 6Paragraph 6
- Delegation of functions
- 7Paragraph 7
- Allowances to members
- 8Paragraph 8
- Procedure
- 9Paragraph 9
- Application of seal and proof of instruments
- 10Paragraph 10
- Finance
- 11Paragraph 11
- Accounts
- 12Paragraph 12
- Annual report
- 13Paragraph 13
- Schedule 2: PROVISIONS RELATING TO THE STAFF OF CONTROLLED AND MAINTAINED SCHOOLS WITH DELEGATED BUDGETS
- Application of this Schedule
- 1Paragraph 1
- Determination of staff complement
- 2Paragraph 2
- Discipline
- 3Paragraph 3
- Suspension
- 4Paragraph 4
- Dismissal, etc.
- 5Paragraph 5
- 6Paragraph 6
- Payments in respect of dismissals, resignations, etc.
- 7Paragraph 7
- School meals staff
- 8Paragraph 8
- Application of employment law
- 9Paragraph 9
- Interpretation
- 10Paragraph 10
- Schedule 3: THE NORTHERN IRELAND COUNCIL FOR THE CURRICULUM, EXAMINATIONS AND ASSESSMENT
- Constitution and status
- 1Paragraph 1
- 2Paragraph 2
- Qualifications of members and tenure of office
- 3Paragraph 3
- Committees
- 4Paragraph 4
- Procedure
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Staff
- 9Paragraph 9
- Allowances
- 10Paragraph 10
- Power to form bodies corporate
- 11Paragraph 11
- Finance
- 12Paragraph 12
- Accounts and audit
- 13Paragraph 13
- Schedule 4: CERTIFIED CONTRACTS OF A BOARD
- Certified contracts assumed to be intra vires
- 1Paragraph 1
- The certification requirements
- 2Paragraph 2
- Special provision for judicial review
- 3Paragraph 3
- Relevant discharge terms
- 4Paragraph 4
- Absence of relevant discharge terms
- 5Paragraph 5
- Schedule 5: AMENDMENTS
- Part I: AMENDMENTS COMING INTO OPERATION 2 MONTHS AFTER MAKING OF ORDER
- The Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14)
- The Education and Libraries (Northern Ireland) Order 1986 (NI 3)
- The Education Reform (Northern Ireland) Order 1989 (NI 20)
- The Education (Northern Ireland) Order 1997 (NI 5)
- Part II: AMENDMENTS COMING INTO OPERATION ON A DAY APPOINTED UNDER ARTICLE 1(3)
- The Exchequer and Financial Provisions Act (Northern Ireland) 1950 (c. 3 (N.I.))
- The Education and Libraries (Northern Ireland) Order 1986 (NI 3)
- The Education Reform (Northern Ireland) Order 1989 (NI 20)
- The Value Added Tax Act 1994 (c. 23)
- The Education (Northern Ireland) Order 1996 (NI 1)
- The Employment Rights (Northern Ireland) Order 1996 (NI 16)
- Schedule 6: REPEALS
- IREPEALS COMING INTO OPERATION 2 MONTHS AFTER MAKING OF ORDER
- IIREPEALS COMING INTO OPERATION ON A DAY APPOINTED UNDER ARTICLE 1(3)
- Explanatory note