Article 86 Exceptional provision of education in pupil referral units or elsewhere

(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)

Any school provided (whether before or after the coming into operation of this Article) and managed by a board which—

(a)

is specially organised to provide education for such children; and

(b)

is not a special school or a school established in a hospital;

shall be known as a “pupil referral unit”.

(3)

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.

(4)

In determining what arrangements to make under paragraph (1) or (3) in the case of any child a board shall have regard to any guidance given from time to time by the Department.

(5)

In this Article—

“child” has the same meaning as in Part II of the 1996 NI 1.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.

(6)

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)—

(i)

not to apply in relation to pupil referral units; or

(ii)

to apply in relation to such units with such modifications as may be prescribed; and

(b)

make such other provision in relation to pupil referral units or pupils therein as it thinks necessary or appropriate.