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Article 12 Special educational provision in institutions in Northern Ireland other than grant-aided schoolsC1C2

(1)

No person shall so exercise his functions under this Part that the special educational provision (or any part of it) which any learning difficulty of a child calls for is made in an institution in Northern Ireland other than a grant-aided school unless—

(a)

the institution is for the time being approved by the Department under Article 26 as suitable for the admission of children with special educational needs, or

(b)

the Department consents to the child being educated there.

F1(1A)

But that does not apply to F2the Authority deciding, for the purposes of Article 16(5), whether a parent has made suitable arrangements.

(2)

Where the Authority arranges under Article 10(1)(b) for special educational provision in respect of a child to be made at an independent school in Northern Ireland, the Authority —

(a)

shall pay the fees payable in respect of the education provided for the child at the school;

(b)

may pay any fees payable in respect of board and lodging provided for the child at the school; and

(c)

may provide transport for the child to facilitate his attendance at the school.

(3)

Where the Authority arranges under Article 10(1)(b) for special education provision in respect of a child to be made at an institution in Northern Ireland other than a school, the Authority may contribute to the costs of providing education to the child at the institution or assist the institution in the provision of that education, and may in particular—

(a)

pay the fees payable in respect of the education provided for the child at the institution;

(b)

pay any fees payable in respect of board and lodging provided for the child at the institution;

(c)

provide transport for the child to facilitate his attendance at the institution; and

(d)

provide equipment and services to the institution.

Annotations

Textual amendments

F1

2005 NI 6

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)

Modifications

C1

Arts. 6-21B: 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

Arts. 6-21B 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)