Article 16 Discontinuance of grant-aided schools

Northern Ireland

(1)

Subject to paragraph (2), where the trustees of a voluntary school propose to discontinue the school they shall give at least two years notice of their intention to the Department and to F1the Authority F2... but no such notice given without the prior approval of the Department shall be effective if the school premises were built or altered with the aid of a grant from the Department or financial assistance F3by the Authority or by a board or, before 1st October 1973, by a former local education authority.

(2)

Paragraph (1) shall not apply where the Department and the Authority ... agree to dispense with the notice required by that paragraph.

(3)

If, during the period of a notice given under paragraph (1) in respect of a voluntary school, the trustees of the school inform the Department that they are unable or unwilling to carry on the school until the expiration of the notice, the Department may give such directions as to the carrying on of the school and as to the education of the children attending the school as it thinks expedient.

(4)

Where a voluntary school is discontinued and—

(a)

moneys have been paid in respect of the school underF4Article 68 of the Education (Northern Ireland) Order 1998, the trustees shallF5 repay to the Department such sums as are repayable in accordance with the provisions of regulations under that Article;

Sub‐para. (b) rep. by 1996 NI 1

(c)

moneys have been paid in respect of the school under section 10 of the 1930 c. 14 (N.I.) Education Act (Northern Ireland) 1930 or section 106 of the 1947 c. 3 (N.I.) Education Act (Northern Ireland) 1947, the provisions of those sections and of any regulations thereunder relating to the repayment of such moneys shall continue to apply to the school as if those sections had not been repealed.

Annotations

Textual amendments

F1: Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 1(1)(a) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)
F2: Words in art. 16(1)(2) repealed (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 4 (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b); S.R. 2015/35, art. 2(b)
F3: Words in art. 16(1) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 9(6) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F4: Words in art. 16(4)(a) substituted (31.5.2009) by Education (Northern Ireland) Order 1998 (S.I. 1998/1759 (N.I. 13)), arts. 1(3)(g), 91(1), Sch. 5 Pt. II; S.R. 2009/183, art. 3(d)
F5: 1993 NI 12

Notes on the whole Order

Textual amendments

F1: functions transf. by SR 1999/481