EDUCATION AND LIBRARIES (NORTHERN IRELAND) ORDER 1972

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EDUCATION AND LIBRARIES (NORTHERN IRELAND) ORDER 1972 - SECT 106



106.(1) Subject to Article 12 and to regulations made by the Ministry with the
approval of the Ministry of Finance, the Ministry may pay to any person in
respect of approved expenditure

(a)incurred for the provision or alteration of the premises of a voluntary
school a sum equal to

(i)[eighty-five per cent.] of that expenditure where, when that expenditure is
incurred, the school is a maintained school or is a voluntary grammar school
the trustees or governing body of which have entered into an agreement with
the Ministry under Schedule 6; or

(ii)sixty-five per cent. of that expenditure where, when that expenditure is
incurred, the school is not such a school as is referred to in head (i);

(b)incurred for the provision of equipment for a voluntary school other than a
maintained school a sum equal to

(i)[eighty-five per cent.] of that expenditure where, when the expenditure is
incurred, the school is a voluntary grammar school the trustees or governing
body of which have entered into an agreement with the Ministry under
Schedule 6;

(ii)sixty-five per cent. of that expenditure where, when the expenditure is
incurred, the school is not such a school as is referred to in head (i).

(2) Where a building contract entered into for the provision of a new school
or the alteration of an existing school provides for payment by instalments,
the date on which an instalment is paid under the contract may, for the
purposes of paragraph (1), be taken as the date on which expenditure of the
amount of that instalment has been incurred.

(3) For the purposes of this Article, any question as to whether expenditure
was incurred on or after a particular date shall be determined by the
Ministry.

(4) Expenditure approved before the coming into operation of this Article
under the provisions of any enactment corresponding to this Article and
repealed by this Order shall be deemed to have been approved under this
Article, any sums which would have been paid in respect of such expenditure
under any such enactment shall be paid under this Article and any sum so paid
under any such enactment shall, subject to Article 13(6)(c), be deemed to have
been paid under this Article.

(5) Regulations made under paragraph (1) may make provision for the repayment,
in such circumstances as are specified in the regulations, of the whole or
part of any moneys paid or deemed to be paid under this Article and any sum
repayable by virtue of any such provision may be recovered by the Ministry as
a debt due to it [but such regulations shall not apply to cases to which
paragraph (6), (7) or (8) applies].

[(6) Where any premises of a school in respect of which the Department, at any
time after the date of the coming into operation of the Education (Northern
Ireland) Order 1978, has paid a grant under paragraph (1)(a) cease to be used
for approved purposes of a grant-aided school, there shall be payable to the
Department by the persons to whom the grant was paid or their successors in
title such sum as the Department considers equitable but not exceeding such
proportion of the value of the premises as the proportion that the amount of
the grant was of the approved cost of the provision or alteration of the
premises together with interest on that sum from the date on which the
premises ceased to be used as aforesaid until the date of payment to the
Department.

(7) Where any site which has been acquired for the purposes of a grant-aided
school and in respect of which site the Department has, at any time after the
coming into operation of the Education (Northern Ireland) Order 1978, paid a
grant under paragraph (1)(a) ceases in the opinion of the Department to be
required for such purposes, there shall be payable to the Department by the
persons to whom the grant was paid or their successors in title such sum as
the Department considers equitable but not exceeding such proportion of the
value of the site as the proportion that the amount of the grant was of the
approved cost of the acquisition of the site together with interest on that
sum from the date on which the site so ceased to be required until the date of
payment to the Department.

(8) Where the Department proposes to pay a grant under paragraph (1)(a) in
respect of premises for a new school or of alterations of premises used or to
be used as or for a school and the new or altered premises in the opinion of
the Department replace any premises of an existing school the Department may
either

(a)reduce the amount of the grant so payable by such amount as the Department
considers equitable; or

(b)attach to the grant a condition that when the replaced premises cease to be
used for approved purposes of a grant-aided school, there shall be payable to
the Department by the persons to whom the grant was paid or their successors
in title such amount as the Department considers equitable.

(9) The amount by which a grant may be reduced under paragraph (8)(a) or the
amount payable to the Department under paragraph (8)(b) shall consist of a sum
not exceeding such proportion of the value of the replaced premises as the
proportion that the amount of the grant is or was of the approved cost of the
provision of the new or altered premises together with interest on that sum
from the date on which the premises ceased to be used as aforesaid until the
date of the payment of the grant under paragraph (8)(a) or, as the case may
be, the payment to the Department under paragraph (8)(b).

(10) For the purposes of paragraphs (6), (7) and (9), the value of premises or
a site shall be taken to be the amount which the premises or site might be
expected to realise if sold in the open market on the date on which the
premises ceased to be used or the site ceased to be required as aforesaid and
where the Department certifies that it is not possible to reach agreement as
to such value, the dispute as to such value may be referred to and determined
by the Lands Tribunal for Northern Ireland.

(11) For the purposes of paragraphs (6), (7) and (9), interest shall be at
such rate as may from time to time be determined by the Department of Finance
under paragraph 18(2) of Schedule 6 to the Local Government Act (Northern
Ireland) 1972.

(12) Any sum payable to the Department under this Article may be recovered as
a debt due to the Department.]
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Northern Irish Legislation

EDUCATION AND LIBRARIES (NORTHERN IRELAND) ORDER 1972 - SECT 106
