# Education (Northern Ireland) Order 1998, Article 16: Limits on class sizes in foundation stage and key stage 1

Extent: N.I.

(1) This Article applies to pupils at a primary school who are in foundation stage and key stage 1.
(2) The Board of Governors of a primary school shall not cause or permit the number of pupils in a class at any time to exceed the statutory limit.
(3) In this Article—
“the statutory limit”, in relation to any description of pupils, means the number for the time being prescribed in relation to pupils of that description;
“class”, in relation to the statutory limit for any description of pupils, means a teaching group in which—
(a)pupils of that description are regularly taught; and
(b)the majority of pupils are pupils of that description.
(4) Paragraph (2) shall not apply to a school in such cases or circumstances as the Authority may direct.
(5) Regulations may require the Authority in exercising its powers under paragraph (4) to have regard to such matters as may be prescribed.
(6) Before exercising its powers under paragraph (4) in relation to a school, the Authority shall consult—
(a) such bodies or persons as may be prescribed; and
(b) where the school is a Catholic maintained school, the Council for Catholic Maintained Schools.
(7) It shall be the duty of the Authority to exercise its functions with a view to ensuring that the Boards of Governors of grant-aided schools are in a position to fulfil their duty under this Article.
(8) In Article 12(2) of the 1997 NI 5. Education (Northern Ireland) Order 1997 (determination of admissions number for school) at the end add
“and
(c) the requirements of Article 16 of the Education (Northern Ireland) Order 1998 (limit on class sizes)” .

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Source: https://www.legislation.gov.uk/nisi/1998/1759/article/16 (the official version)
Page: https://openlegislation.uk/education-northern-ireland-order-1998/article-16
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.