Paragraph 1 F1
Northern Ireland
If it appears to F2the Authority that a parent of a child of compulsory school age F3... is failing to perform the duty imposed on him by Article 45, it shall serve a notice in writing on the parent requiring him to satisfy the Authority, within such period (not being less than fourteen days beginning with the day on which the notice is served) as is specified in the notice, that the child is, by regular attendance at school or otherwise, receiving suitable education.
If—
a parent on whom a notice has been served under sub-paragraph (1) fails to satisfy the Authority, within the period specified in the notice, that the child is receiving suitable education, and
in the opinion of the Authority it is expedient that the child should attend school,
the Authority shall serve in the prescribed manner on the parent an order (referred to in this Order as a “school attendance order”), in the prescribed form, requiring him to cause the child to become a registered pupil at a school named in the order.
Unless it is revoked by the Authority or a direction is made in respect of it by a court under paragraph 6, a school attendance order shall (subject to any amendment made by the Authority) continue in force—
where the school named in the order provides education for pupils up to the upper limit of compulsory school age or beyond, for so long as the child is of compulsory school age;
where the school does not provide education up to or beyond that age, until the pupil has reached the age at which he would normally leave that school.
Where a grant-aided school is named in a school attendance order the Board of Governors of the school shall admit the child to the school.
Sub-paragraph (4) does not affect any power to suspend or expel from a school a pupil who is already a registered pupil there.
In this Part “suitable education”, in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.
Annotations
Textual amendments
- F1
- F2
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)
- F3
Words in Sch. 13 para. 1(1) repealed (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 4 (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
Modifications
- C1
Sch. 13 para. 1(4) power to disapply or modify conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 17 (with ss. 88-90)
- C2
Sch. 13 para. 1(4) expiry of earlier affecting provision 2020 c. 7, Sch. 16 para. 17 (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
Notes on the whole Order
Textual amendments
- F1
functions transf. by SR 1999/481