OpenLegislation

Paragraph 1A

(1)

Sub-paragraphs (2) to (5) apply where F1the Authority is required by virtue of paragraph 1(2) to serve a school attendance order in respect of a child, other than a child for whom it maintains a statement under Article 16 of the Education (Northern Ireland) Order 1996.

(2)

Before serving the order, the Authority shall serve on the parent a notice in writing—

(a)

informing him of its intention to serve the order,

(b)

specifying the school which the Authority intends to name in the order and, if it thinks fit, one or more other schools which it regards as suitable alternatives, and

(c)

stating the effect of sub-paragraphs (4) and (5).

(3)

A voluntary or grant-maintained integrated school shall not be specified in a notice under sub-paragraph (2) unless the Authority has consulted the managers of the school.

(4)

If the notice specifies one or more alternative schools and the parent selects one of them and notifies the Authority accordingly before the expiration of the period of fourteen days beginning with the day on which the notice is served, the school selected by him shall be named in the order.

(5)

If before the expiration of the period mentioned in sub-paragraph (4) the parent—

(a)

applies for the child to be admitted to a school other than the school or schools specified in the notice; and

(b)

notifies the Authority accordingly,

then, if as a result of the application the child is offered a place at that school, that school shall, subject to sub-paragraph (7), be named in the order.

(6)

If at any time while a school attendance order is in force with respect to a child, other than a child for whom the Authority maintains a statement under Article 16 of the Education (Northern Ireland) Order 1996.

(a)

the parent applies for the child to be admitted to a school other than the school named in the order; and

(b)

as a result of the application the child is offered a place at a school,

the Authority shall, subject to sub-paragraph (7), at the request of the parent amend the order by substituting that school for the one previously named.

(7)

Sub-paragraphs (5) and (6) do not apply where the school at which the child is offered a place is an independent school unless, in the opinion of the Authority , the school is suitable to his age, ability and aptitude and to any special educational needs he may have.

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)

Notes on the whole Order

Textual amendments

F1

functions transf. by SR 1999/481

Notes on Schedule 13

Textual amendments

F1

mod. by 1986 NI 3 sch. 13 para. 1B(3A) as inserted by 2005 NI 6