Article 42 Direction to admit child to specified school

Northern Ireland

(1)

A board may give a direction under this Article if, in the case of any child F1..., one or both of the following conditions is satisfied in relation to each school which is a reasonable distance from his home and provides suitable education, that is—

(a)

he has been refused admission to the school; or

(b)

he has been expelled from the school.

(2)

A direction given under this Article by F2the Authority shall specify a grant-aided school—

(a)

which is a reasonable distance from the child's home, and

(b)

from which the child has not been expelled.

(3)

Where a grant-aided school is specified in a direction under this Article, the Board of Governors shall admit the child to the school.

(4)

Paragraph (3) does not affect any power to suspend or expel from a school a pupil who is already a registered pupil there.

(5)

Before giving a direction under this Article, the Authority shall consult—

(a)

the parent of the child,

(b)

the Board of Governors of the school it proposes to specify in the direction,

F3(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

if that school is a Catholic maintained school, the Council for Catholic Maintained Schools.

(6)

Where the Authority gives a direction under this Article specifying a school, it shall give notice in writing of that fact to the Board of Governors of the school.

(7)

In this Article—

“school” does not include a special school;
“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F1: Words in art. 42(1) repealed (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 4 (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
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F3: Art. 42(5)(c) repealed (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 4 (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)