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EDUCATION AND LIBRARIES (NORTHERN IRELAND) ORDER 1972 - SECT 125

125.(1) The Ministry may make all such regulations as it is required or
empowered to make under this Order or as appear to it to be necessary or
proper for giving full effect to this Order.

(2) All regulations under this Order shall be subject to negative resolution.

Art.126 rep. by 1978 NI 10 art.18(2) sch.2. Art.127, with Schedule 16, effects
repeals

Library Board.

and Library Board.

Library Board.

Library Board.

and Library Board.

1.(1) The maximum number of members to be appointed to a board shall from time
to time be determined by the Ministry.

(2) The Minister shall appoint to a board

(a)persons nominated in accordance with paragraph 2 by each district council
in the area of the board from amongst members of that council;

(b)persons appearing to the Minister

(i)to represent the interests of transferors of schools in the area of the
board;

(ii)to represent the interests of trustees of maintained schools in the area
of the board;

<(iii)to be suitable for appointment by reason of their interest in the services for which the board is responsible.


(3) Appointments under sub-paragraphs (2)(b)(i) and (ii) shall be made after
consultation (to such extent as may seem to the Minister practicable and
expedient) with interests appearing to the Minister

(a)in the case of appointments under sub-paragraph (2)(b)(i), to represent the
transferors of schools in the area of the board; and

(b)in the case of appointments under sub-paragraph (2)(b)(ii), to represent
the trustees of maintained schools in the area of the board.

(4) The members of a board shall be appointed in the year [1973] and in every
fourth year thereafter and

(a)persons appointed to a board shall become members of the board from such
date (being a date as soon as possible after members of district councils are
nominated to the board under sub-paragraph (2)(a)) as shall be specified in
their appointment;

(b)the appointment shall cease to have effect after the day preceding that
from which the next subsequent appointments made under this sub-paragraph are
effective;

(5) A member of a board on the expiry of his term of office shall, unless he
is disqualified under paragraph 6(1) be eligible for re-appointment to the
board.

(6) A vacancy occurring in the membership of a board shall be filled by a
person appointed by the Minister being a person of that category specified in
sub-paragraph (2)(a) or (2)(b)(i) or (2)(b)(ii) or (2)(b)(iii) to which the
member being replaced belonged and that person shall hold office for the
residue of the terms of office of that member.

Sub-para.(7) rep. by 1978 NI 10 art.18(2) sch.2

2.(1) The Ministry shall from time to time determine the total number of
members to be nominated to a board by district councils in the area of the
board and the number to be nominated by each such district council and, in
determining that total number, the Ministry shall ensure that

(a)the total number is as nearly as possible equal to two-fifths of the
maximum number of members of the board; and

(b)each district council in the area of the board may nominate at least one
member;

(2) As soon as possible after the date on which a district council is elected
in accordance with section 11(2) of the Electoral Law Act (Northern Ireland)
1962 and in any event within one month of that date, the council shall select
the members of the council to be nominated by it to a board and shall send to
the Minister the names and addresses of the persons so nominated.

(3) If a district council fails to nominate members to a board in accordance
with sub-paragraph (2) or fails to nominate the requisite number of such
members, the Minister may, on behalf of that council, make such nominations or
such additional nominations of persons who are members of that council as may
be necessary by reason of such failure and such nominations shall be deemed
for all purposes to be nominations by the council.

3. The Ministry shall from time to time determine the total number of persons
to be appointed to a board as representing the interests of transferors of
schools and trustees of maintained schools in the area of the board and the
number of such persons to be appointed

(a)to represent the interests of transferors of schools shall as nearly as
possible bear the same proportion to one-quarter of the maximum number of
members of the board as the number of pupils enrolled in controlled primary
schools in the area of the board bears to the total number of pupils enrolled
in all primary schools in that area;

(b)to represent the trustees of maintained schools shall as nearly as possible
bear the same proportion to three-sixteenths of the maximum number of members
of the board as the number of pupils enrolled in maintained primary schools in
the area of the board bears to the total number of pupils enrolled in all
primary schools in that area.

4.(1) The maximum number of persons appointed to a board under
paragraph 1(2)(b)(iii) shall be as nearly as possible seven-twentieths of the
maximum number of members of that board.

(2) Three of the persons so appointed shall be appointed by reason of their
being teachers serving at the time of their appointment in grant-aided schools
or grant-aided institutions of further education in the area of the board and
at least three persons so appointed shall be persons appearing to the Minister
to have an interest in the public library service.

5. A member of a board may resign therefrom by giving notice in writing to the
Minister and, in the case of a person nominated by a district council, to that
council but such a notice given by a member nominated by a district council
shall not take effect until after the then next following meeting of the
district council by which he was nominated.

6.(1) A person shall be disqualified for being a member of a board or of a
committee or sub-committee thereof if

(a)he is employed by that board or any other board as a paid officer; or

(b)he has been adjudged bankrupt or has made a composition with his creditors;
or

(c)he has within the five years immediately preceding the day of his
appointment or at any time thereafter

(i)been convicted by a court in Northern Ireland or elsewhere in the British
Islands of any offence and ordered to be imprisoned for a period of not less
than three months without the option of a fine; or

(ii)been guilty of any conduct which the High Court, by order under
section 31(3) of the Local Government Act (Northern Ireland) 1972 or by order
under that section as applied by paragraph 8, has declared to be
reprehensible;

(2) A member of a district council who is appointed under paragraph 1(2)(a) to
a board on the nomination of that district council shall cease to be a member
of the board if he ceases to be a member of that district council and a person
appointed to a board under paragraph 1(2)(b)(iii) by reason of his being a
teacher serving in a grant-aided school or grant-aided institution of further
education in the area of that board shall cease to be a member of that board
if he ceases to be such a teacher.

(3) Where a member of a board becomes disqualified under sub-paragraph (1) or
is absent from meetings of the board for more than six months consecutively
..., or a person ceases to be a member of a board under sub-paragraph (2), the
board shall forthwith ..., notify the fact to the Minister and, if that member
was nominated by a district council, to that council and thereupon the office
shall become vacant.

[(3A) Attendance as a member of a board at any meeting of a committee of the
board (other than a committee to which Article 8 or 24 applies) shall for the
purposes of sub-paragraph (3) be regarded as an attendance at a meeting of the
board.

(3B) The Head of the Department when notified under sub-paragraph (3) that an
office has become vacant because of the absence of a member of a board from
meetings of the board, having considered the reason for his absence, may, if
he thinks it desirable in the circumstances, re-appoint that person as a
member of that board.]

(4) Section 6(1) to (3) of the Local Government Act (Northern Ireland) 1972
(penalties for acting while disqualified) shall apply to a board and a
committee or sub-committee thereof and to a member of a board or of a
committee or sub-committee thereof in like manner as it applies to a district
council and to a member of a district council respectively.

7. Sections 28 and 29 (disclosure of pecuniary interests and disability from
voting on account thereof), section 30 (disclosure of relevant family
relationships), section 33 (time limit for proceedings) and section 146
(interpretation: pecuniary interests) of the Local Government Act (Northern
Ireland) 1972 shall apply to a board and to a committee thereof to which
[Article 4(6)] applies and to a member of a board and of such a committee in
like manner as they apply to a district council and to a member of a district
council respectively but with the substitution for references to the clerk of
the council of references to the chief officer of the board and for references
to that Act of references to this Order and with the substitution for the
words "by any local elector for the district of the council" in section 28(4)
of the words "by any other person".

8. Sections 31 to 33 of the Local Government Act (Northern Ireland) 1972
(recovery of wrongful gains and remedies in respect of reprehensible conduct)
shall apply to a board and to a committee thereof to which [Article 4(6)]
applies and to a member of a board and of such a committee in like manner as
they apply to a district council and to a member of a district council
respectively and for the reference to that Act in section 31 as so applied
there shall be substituted a reference to this Order.

9.(1) A board shall, at its first meeting after its appointment, elect [one of
its members to be chairman and one of its members to be] vice-chairman who,
unless the board otherwise determines, shall, subject to paragraph 1(7), hold
office until the next subsequent appointment of members of the board under
paragraph 1(4) becomes effective.

(2) Where, at any meeting of the board, the chairman is absent, the
vice-chairman if present, shall be chairman at that meeting and where, at any
such meeting, both the chairman and the vice-chairman are absent, the chairman
at that meeting shall be such member of the board present as the members
attending the meeting shall appoint.

(3) The chairman at any meeting of the board shall, in addition to his right
to vote as a member of the board, have a casting vote.

10.(1) The quorum of the board shall be one-third of the total number of
members of the board.

(2) The proceedings of a board shall not be invalidated by any vacancy among
its members or by any defect in the appointment or qualification of any of its
members.

11. The seal of the board shall be authenticated by the signatures of the
chairman or other member of the board authorised by it to act in that behalf
and of the chief officer or some other officer of the board authorised as
aforesaid.

12.(1) The Ministry may make regulations regulating the procedure to be
followed by a board or any committee thereof in carrying out its functions.

(2) A board shall draw up standing orders for the conduct of the business of
the board or any committee thereof and such standing orders shall be subject
to the approval of the Ministry.

13.(1) A board may enter into contracts necessary for the discharge of any of
its functions.

(2) All contracts made by a board or a committee of the board shall be made in
accordance with the standing orders of the board and in the case of contracts
for the supply of goods or materials or for the execution of works the
standing orders, except as otherwise provided by or under the standing orders,
shall

(a)require notice of the intention of the board or committee to enter into the
contract in question to be published and tenders invited; and

(b)regulate the manner in which such notice shall be published and tenders
invited.

(3) Without prejudice to section 19(1)(a)(ii) of the Interpretation Act
(Northern Ireland) 1954, a person entering into a contract with a board shall
not be bound to inquire whether the standing orders of the board which apply
to the contract have been complied with and all contracts entered into by a
board, if otherwise valid, shall, notwithstanding that the standing orders
applicable thereto have not been complied with, have full force and effect.

1. A teaching appointments committee shall consist of the following persons
appointed by the board of which it is a committee

(a)two principals of controlled schools under the management of the board
appointed in accordance with paragraph 2;

(b)two persons who have been appointed to the board under paragraph 1(2)(b)(i)
of Schedule 2 and nominated to the committee by a majority of the persons who
have been so appointed;

(c)two persons nominated by the Minister from amongst the persons appointed to
the board by him under paragraph 1(2)(b)(iii) of Schedule 2;

(d)two district councillors nominated by the board from amongst those members
appointed to the board under paragraph 1(2)(a) of Schedule 2;

2.(1) The principals of controlled schools shall for the purposes of
paragraph 1(a) be appointed as follows:

(a)a board shall prepare a panel of principals serving in controlled schools
under its management;

(b)two principals from that panel shall be appointed by the board to attend
each meeting of the teaching appointments committee and different principals
may be appointed to attend different meetings of the committee.

(2) If so authorised by a board, the chief education officer of the board or,
in his absence, another officer of the board authorised by him for the purpose
may, on behalf of the board, appoint the principals to the teaching
appointments committee.

(3) The principals appointed to attend any meeting of a teaching appointments
committee shall have the like right to speak and vote at that meeting as the
other members of the committee.

3.(1) Substitutes for members of a teaching appointments committee may be
nominated and appointed ... under sub-paragraphs (b), (c) and (d) of
paragraph 1 in like manner as the members are nominated and appointed ....

(2) Where the chief education officer of the board which appointed the
committee or, in his absence, another officer of the board duly authorised by
him is informed that a member of the committee [nominated and appointed under
paragraph 1(b), (c) or (d)] will be absent from a meeting of the committee or
[where such a member] is disqualified by interest or otherwise from taking
part in proceedings at such a meeting, he shall authorise the attendance at
that meeting of a substitute, being the substitute or one of the substitutes
nominated and appointed ... in like manner as the member, and if that
substitute attends, he shall have at that meting all the functions of the
member except that, if he attends a meeting as substitute for the member who
is chairman of the committee, he shall not, unless the committee otherwise
decides, be chairman at that meeting.

(3) The chief education officer of the board or a person nominated by him
shall attend as assessor at each meeting of the teaching appointments
committee of that board.

4. The library committee of a board shall consist of such [members of the
board] as that board appoints thereto but shall include all members appointed
to the board by reason of their interest in the public library service.

1. A scheme under Article 8(2) shall so far as it relates to the appointment
of members of school management committees comply with the following
provisions of this Schedule.

2. A scheme relating to the school management committee of one or more than
one controlled primary school other than a nursery school shall ensure that

(a)not less than one-half of the members of the committee shall be appointed
in accordance with regulations made by the Ministry as persons representative
of the transferors and superseded managers of the school or schools under its
management;

(b)not more than one-quarter of the members of the committee shall be persons
nominated [at a meeting, or where two or more schools are grouped under one
committee and the board so determines at a meeting in respect of each school,
held in accordance with regulations made by the Department, by the parents of
the pupils attending the school or schools and, where a board determines that
a meeting shall be held in respect of each of two or more such schools, the
board shall determine the number of persons to be nominated at each such
meeting;]

(c)the remaining members shall be chosen by the board responsible for the
management of the school or schools concerned;

3. A scheme relating to the school management committee of one or more than
one controlled intermediate school shall ensure that

(a)not less than one-half of the members of the committee shall be persons
nominated, in the manner provided by regulations made by the Ministry, by the
school management commmittees of contributory schools from amongst members of
those committees who have been appointed to those committees as
representatives of transferors or superseded managers;

(b)not more than one-quarter of the members shall be persons nominated [at a
meeting, or where two or more schools are grouped under one committee and the
board so determines at a meeting in respect of each school, held in accordance
with regulations made by the Department, by the parents of the pupils
attending the school or schools and, where a board determines that a meeting
shall be held in respect of each of two or more such schools, the board shall
determine the number of persons to be nominated at each such meeting;]

(c)the remaining members shall be chosen by the board responsible for the
management of the school or schools concerned.

4. A scheme relating to the school management committee of one or more than
one controlled nursery school, or of a controlled grammar school or of a
controlled special school shall ensure that

(a)one-third of the members shall be persons chosen by the board responsible
for the management of the school or schools concerned;

(b)one-third of the members shall be persons nominated [at a meeting, or where
two or more schools are grouped under one committee and the board so
determines at a meeting in respect of each school, held in accordance with
regulations made by the Department, by the parents of the pupils attending the
school or schools and, where a board determines that a meeting shall be held
in respect of each of two or more such schools, the board shall determine the
number of persons to be nominated at each such meeting;]

(c)the remaining members shall be persons nominated by the Minister.

5.(1) Where a meeting of parents duly called for the purposes of nominating
persons under paragraph 2(b), 3(b) or 4(b) to the management committee of a
school, [or schools] fails for want of a quorum or for any other reason or
neglects or refuses to nominate any or the requisite number of persons to
represent parents on that committee, the board which controls the school [or
schools] shall request that the committee (which for the purposes of this
paragraph shall be deemed to be duly constituted notwithstanding [that all or
any of the parents' representatives have not been nominated]) to submit to
that board a list containing the names of twice the number of persons required
to be nominated as parents' representatives or, if in the opinion of the board
that is not practicable, such smaller number as the board with the approval of
the Ministry may determine.

(2) Where, within one month of receiving a request from a board under
sub-paragraph (1), a school management committee

(a)submits a list of names to the board in accordance with that request, the
board shall select from that list the requisite number of persons to be
nominated as parents' representatives on the school management committee;

(b)does not submit a list of names to the board in accordance with that
request or submits fewer names than those required for nomination, the board
shall, after taking into account the names of persons, if any, so submitted,
select the requisite number of persons to be nominated as parents'
representatives on the school management committee;

6. In this Schedule "superseded managers" means the persons who were formerly
managers of any schools which have been superseded by schools under the
management of boards or, if those persons were recognised by the Ministry as
such managers by virtue of any office, then, their successors in such office.

1. A scheme under Article 8(2) shall so far as it relates to the appointment
of school management committees of controlled integrated schools comply with
the following provisions of this Schedule.

2. A scheme relating to the school management committee of one or more than
one controlled integrated school shall ensure that

(a)one-third of the members of the committee shall be persons nominated at a
meeting, or where two or more controlled integrated schools are grouped under
one committee and the board so determines at a meeting in respect of each
school, held in accordance with regulations made by the Department, by the
parents of the pupils attending the school or schools and, where a board
determines that a meeting shall be held in respect of each of two or more such
schools, the board shall determine the number of persons to be nominated at
each such meeting;

(b)one-sixth of the members of the committee shall be appointed in accordance
with regulations made by the Department as persons representative of the
transferors and superseded managers of controlled schools in the area;

(c)one-sixth of the members of the committee shall be appointed in accordance
with regulations made by the Department as persons representative of
nominating trustees of maintained schools in the area;

(d)the remainder of the members of the committee shall be persons nominated by
the board for the area in which the school is situated.

3. Regulations made under paragraph 2 shall ensure that at a meeting of
parents held for the purpose of sub-paragraph (a) of that paragraph at which a
vote is taken, the vote shall be by secret ballot and by the method of the
single transferable vote.

4.(1) Where a meeting of parents duly called, for the purposes of nominating
persons under sub-paragraph (a) of paragraph 2 to the management committee of
a school or schools, fails for want of a quorum or for any other reason or
neglects or refuses to nominate any, or the requisite number of persons to
represent parents on that committee, the board which controls the school or
schools shall request that committee (which for the purposes of this paragraph
shall be deemed to be duly constituted notwithstanding that all or any of the
parents, representatives have not been nominated) to submit to that board a
list containing the names of twice the number of persons required to be
nominated as parents' representatives or, if in the opinion of the board that
is not practicable, such smaller number as the board with the approval of the
Department may determine.

(2) Where, within one month of receiving a request from a board under
sub-paragraph (1), a school management committee

(a)submits a list of names to the board in accordance with that request, the
board shall select from that list the requisite number of persons to be
nominated as parents' representatives on the school management committee;

(b)does not submit a list of names to the board in accordance with that
request or submits fewer names than those required for nomination, the board
shall, after taking into account the names of persons, if any, so submitted,
select the requisite number of persons to be nominated as parents'
representatives on the school management committee;

5. In this Schedule "superseded managers" means the persons who were formerly
managers of any schools which have been superseded by schools under the
management of boards or, if those persons were recognised by the Department as
such managers by virtue of any office, then, their successors in such office.]

1.(1) Subject to sub-paragraph (4), a board shall, if requested by the
managers or trustees of a voluntary school other than a voluntary grammar
school, make provision in accordance with the provisions of this Schedule for
the appointment of a committee (in this Order referred to as "a maintained
school committee") for that school.

(2) A board may make provision for the appointment of one maintained school
committee for two or more such schools where the trustees or managers of the
schools so request.

(3) Nothing in any statute or scheme made thereunder or in any charter, deed,
memorandum of association, articles of association or other document
constituting a school or under which the land used for a school is vested or
which otherwise relates to a school or the land used for a school shall

(a)prevent the appointment of a maintained school committee for that school in
accordance with a scheme framed under this Schedule or the doing by the
managers or trustees of that school of anything necessary for or incidental to
the appointment and functioning of such a committee; or

(b)restrict the powers under sub-paragraph (2) of the managers or trustees of
that school or the application of that sub-paragraph to that school.

(4) Without prejudice to the right of the managers or the trustees to make a
further request under sub-paragraph (1), a board may, with the approval of the
Ministry, refuse to make provision for the appointment of a maintained school
committee for a school but the Ministry shall not give such approval unless
the board satisfies it that the condition of the premises of the school is
such that it would be unreasonable to expect the board to assume
responsibility for the maintenance of those premises.

2.(1) A maintained school committee shall, subject to the provisions of this
Schedule, be appointed in accordance with a scheme framed by the board after
consultation with the managers or trustees of the school or schools and
approved by the Ministry and the procedure and functions of the committee
shall be such as are provided by the scheme which shall, in particular,
specify

(a)the terms of office of members;

(b)the number of meetings to be held each year; and

(c)the number, which shall not be less than six, of persons to be appointed as
members of the committee.

(2) One-third of the persons appointed as members of a maintained school
committee of a school or schools shall be persons nominated by the board and
two-thirds of those members shall be persons nominated, when appointments are
first made to the committee, by the managers or trustees of the school or
schools and, on any subsequent appointment of members, by such persons (to be
known as "nominating trustees") and in such manner as the scheme for the
school or schools may provide.

(3) The managers or trustees of a school or schools may, at any time before
they have signified their agreement to a scheme framed under sub-paragraph (1)
for the school or schools, withdraw their request for the appointment of a
maintained school committee for the school or schools.

Para.3 rep. by 1978 NI 10 art.18(2) sch.2

4.(1) The nominating trustees of a maintained school may at any time give
notice to the board requesting that the school should cease to be a maintained
school but should continue to be a voluntary school and, where they do so, the
school shall, subject to the succeeding provisions of this Part, continue to
be a voluntary school but shall cease to be a maintained school

(a)on the date specified in the notice but only if on or before that date the
nominating trustees have complied with paragraph 5; or

(b)if those trustees have not complied with paragraph 5 on or before that
date, on the date on which they so comply.

(2) The date specified in a notice under sub-paragraph (1) shall not, unless
the nominating trustees and the board otherwise agree, be less than two years
from the date on which the notice is given.

(3) Sub-paragraph (1) shall apply only to a school

(a)which was recognised as a grant-aided school before the 19th October 1967;
or

(b)which the Ministry is satisfied replaces a school or schools (not being a
school which was, or schools one or more than one of which was, a maintained
school) so recognised before that date; or

(c)the proposal to establish which was submitted to the Ministry before that
date for approval.

5. Where a school will cease to be a maintained school under the provisions of
paragraph 4(1), the nominating trustees of that school shall

(a)repay to the Ministry an amount equal to the difference between the sums
actually paid under Article 106(1)(a) in respect of expenditure on that school
and the sums which would have been paid under that Article if the school had
not been a maintained school when the expenditure was incurred; and

(b)pay to the board such amount as may be agreed between those trustees and
the board or, in default of agreement, as may be determined by the Ministry as
representing thirty-five per cent. of the value, at the date on which the
school ceases to be a maintained school, of

(i)any works of external maintenance of the school carried out by the board
or, before the coming into operation of this Order, by a former local
education authority; and

(ii)any equipment provided by the board or, before the coming into operation
of this Order, by a former local education authority.

Para.6 rep. by 1978 NI 10 art.18(2) sch.2

7. In this Schedule

"board" in relation to a school or schools means the board for the area in
which the school is or the schools are situated or such other board as the
Ministry may determine;

"nominating trustees" has the meaning assigned to it by paragraph 2(2).

1.(1) The trustees or governing body of a voluntary grammar school shall,
notwithstanding anything in any statute or scheme made thereunder or in any
charter, deed, memorandum of association, articles of association or other
document constituting the school or under which the land used for the school
is vested or which otherwise relates to the school or land used for the
school, have power to enter into

(a)an agreement with the Ministry conferring on the Minister the right to
appoint members to the governing body of the school amounting to not more than
one-third of the total number of members of the governing body (including the
members appointed by the Minister);

(b)an agreement, approved by the Ministry, with one or more than one board
conferring on the board or boards the right to appoint members to the
governing body of the school amounting to not more than one-third of the total
number of members of the governing body (including the members appointed by
the board or boards).

(2) Subject to sub-paragraph (3), where, in respect of the governing body of a
school, an agreement has been entered into under sub-paragraph (1)(a) and
under sub-paragraph (1)(b), the number of members appointed by the Minister
and by the board or boards shall not together exceed one-third of the total
number of members of that governing body (including the members appointed by
the Minister and the board or boards).

(3) Where the trustees or governing body of a school

(a)enter into an agreement under sub-paragraph (1)(a) at a time when members
have been appointed by one or more than one board to the governing body of the
school under a prior agreement entered into under sub-paragraph (1)(b); or

(b)enter into an agreement under sub-paragraph (1)(b) at a time when members
have been appointed by the Minister to the governing body of the school under
a prior agreement entered into under sub-paragraph (1)(a);

(4) An agreement under sub-paragraph (1)(a) shall provide that the Minister,
before making an appointment to the governing body of a school, shall consult
the governing body of the school and the board for the area in which the
school is situated and may consult any other board which he considers
appropriate.

2.(1) An agreement made under the provisions of any enactment corresponding to
the provisions of paragraph 1 and repealed by this Order and existing at the
date of the coming into operation of this paragraph shall, unless the Ministry
directs that the agreement shall cease to have effect, continue to have effect
as if made under paragraph 1.

(2) Where an agreement to which sub-paragraph (1) relates has been entered
into by a former local education authority or former local education
authorities, any reference in that agreement to the former local education
authority or authorities shall be deemed to be a reference to the board for
the area in which the school is situated or the board which is or boards which
are the subject of a direction under sub-paragraph (3) and that board, or as
the case may be, those boards shall assume the rights and responsibilities of
the former local education authority or authorities.

(3) The Ministry, after consultation with the trustees or governing body of a
school in respect of which an agreement to which paragraph 1 relates has been
entered into, may direct that

(a)the board for the area in which the school is situated should jointly with
any other board or other boards; or

(b)a board or boards other than the board for the area in which the school is
situated should;

1. An arrangement for transferring a school to the Ministry under Article 14
may, subject to the following provisions of this Schedule, be made by the
trustees who, in making such an arrangement, may act by resolution or
otherwise as follows:

(a)where the trust deed provides any manner in which or any assent with which
a resolution or act binding the trustees is to be passed or done, then in
accordance with the provisions of the trust deed;

(b)where the trust deed contains no such provision

(i)then in the manner and with the assent, if any, in and with which it may be
shown to the Ministry to have been usual for a resolution or act binding the
trustees to be passed or done; or

(ii)if no manner or assent can be shown to have been usual, then by a
resolution passed by a majority of not less than two-thirds of those members
of their body who are present at a meeting of the body summoned for the
purpose and vote on the question and with the assent of any other person whose
assent under the circumstances appears to the Ministry to be requisite.

2. An arrangement under this Schedule may provide for an absolute conveyance
to the Ministry of all the estate in the premises of the school possessed by
the trustees of the school or for a lease of the same with or without
restrictions and either at a nominal rent or otherwise to the Ministry or for
any arrangement that may be agreed upon between the trustees and the Ministry.

3. An arrangement under this Schedule may also provide for the transfer to the
Ministry of a teacher's residence held or used in connection with the school
or for the transfer or application, subject to the approval of the Ministry of
Finance, of any endowment belonging to the school or for the Ministry
undertaking to discharge any debt charged on the school not exceeding the
value of the estate in the premises or endowments transferred to it.

4. Where an arrangement is made under this Schedule, it shall be one of the
terms of the arrangement that the trustees of the school or endowment shall,
in pursuance of the arrangement, execute a proper conveyance and take all
necessary steps in law for the effective conveyance to the Ministry of all
such estate in the premises or endowment as is vested in those trustees or
owners or such smaller estate as may be agreed upon in the arrangement.

5. Where any person has any right given him by the trusts of the school to use
the school for any particular purpose independently of the trustees, nothing
in this Schedule shall authorise any interference with that right except with
the consent of that person.

6. The Ministry shall consider and have due regard to any objections and
representations respecting a proposed transfer of a school under this Schedule
which may be made by any person or by the representatives or successors of any
person who has contributed to the establishment of the school.

7. Where the trust instrument contains any provision for the alienation of the
school by any persons or in any manner or subject to any consent, any
arrangement under this Schedule shall be made by the persons in the manner and
with the consent so provided.

8. Where a transfer of a school is made in pursuance of an arrangement under
this Schedule, the consent of the Ministry shall, after the expiration of six
months from the date of the transfer, be conclusive evidence that the
arrangement has been made in conformity with this Order.

9. Where an arrangement under this Schedule provides for the transfer of a
teacher's residence to the Ministry, this Schedule shall apply for the
purposes of such transfer in like manner as it applies for the purposes of the
transfer of a school.

1.(1) It shall be the duty of a board to determine what children in its area
who have attained the age of five years or who have not attained that age and
are in attendance at school

(a)require special educational treatment; or

(b)are suffering from a disability of mind of such a nature or to such an
extent as to make them unsuitable for education at school.

(2) For the purpose of fulfilling its duty under sub-paragraph (1), a board
may by notice in writing served on the parent of a child require the parent to
submit the child for examination by a medical officer and an educational
psychologist authorised for the purpose by the board in order to obtain advice
as to whether the child requires special educational treatment because of his
physical, intellectual, emotional or social development or is suffering from a
disability of mind of such a nature or to such an extent as to make him
unsuitable for education at school.

(3) A notice served under sub-paragraph (2) shall state the time and place at
which the examination is to be held.

(4) A parent who, without reasonable excuse, fails to comply with a notice
served on him under sub-paragraph (2) shall be guilty of an offence and liable
on summary conviction to a fine not exceeding #10.

(5) A board may cause any child resident in its area who has attained the age
of two years to be examined under sub-paragraph (2) and shall do so if so
requested by his parent unless the board considers the request to be
unreasonable.

(6) The parent of a child shall, if he so wishes, be entitled to be present at
any examination held in consequence of the foregoing provisions of this
paragraph.

(7) The advice given to the board with respect to a child by a medical officer
and an educational psychologist in consequence of an examination under this
paragraph shall be given to the parent of the child.

2.(1) Where a board, after considering the advice given by a medical officer
and an educational psychologist in consequence of an examination under
paragraph 1 and any report or information which the board is able to obtain
from parents, teachers and other persons with respect to the ability and
aptitude of the child, decides that the child requires special educational
treatment, the board shall give notice of its decision to the parent of the
child and shall secure the provision of such treatment for the child.

(2) The arrangements made by a board under sub-paragraph (1) for the special
educational treatment of pupils of a category defined in regulations made by
the Ministry under Article 26 shall ensure that, so far as practicable, the
educational treatment is given in an appropriate special school or by other
appropriate means and the arrangements so made by a board shall be subject to
the approval of the Ministry and may provide for the special educational
treatment to be given, either within or outside the area of the board, in
special schools or in schools other than special schools.

(3) Where the advice given by a medical officer or educational psychologist in
consequence of an examination under paragraph 1 indicates that a child
requires special educational treatment, the board shall, if the parent so
requests, issue a certificate to that effect to the parent and a parent who is
aggrieved by the terms of a certificate may refer the matter to the Ministry.

(4) A certificate issued under sub-paragraph (3) may be withdrawn by the
Ministry or the board and, upon the withdrawal of any such certificate, the
board shall cease to provide special educational treatment for the child with
respect to whom the certificate was issued and shall notify the parent
accordingly.

3.(1) Where a board, after considering the advice given by a medical officer
and an educational psychologist in consequence of an examination under
paragraph 1 and any report or information which the board is able to obtain
from parents, teachers or other persons with respect to the ability and
aptitude of the child, decides that the child is suffering from a disability
of mind of such a nature or to such an extent as to make him unsuitable for
education at school, the board shall, subject to sub-paragraph (2), record the
decision and furnish to the health and social services board for the area in
which the child resides (in this Schedule referred to as "the appropriate
health and social services board") a report of the decision together with a
copy of any written advice, report or information which was taken into account
for the purposes of the decision.

(2) Before recording a decision under sub-paragraph (1) with respect to a
child, the board shall give to the parent of the child not less than
twenty-one days notice in writing of its intention to do so and, if within
that period the parent refers to the Ministry the question whether such a
decision should be recorded, the decision shall not be recorded except by
direction of the Ministry.

(3) A notice under sub-paragraph (2) shall contain a statement of the
functions of the appropriate health and social services board with respect to
the making of arrangements for the treatment, care or training of the child if
the decision is recorded.

(4) Where a decision has been recorded under sub-paragraph (1) in relation to
a child

(a)the parent of the child may at any time, not earlier that twelve months
from the date on which the decision was recorded nor more often than once in
any subsequent period of twelve months, by notice in writing request the board
to review the decision;

(b)if at any time it appears to the appropriate health and social services
board or to any authority or body responsible for the management of a place
where the child is under care that the decision ought to be reviewed, that
board, authority or body shall give notice to that effect to the board;

(5) If, after considering the advice given by the medical officer and
educational psychologist in consequence of an examination carried out under
sub-paragraph (4) and any reports or information available to it, the board
decides that the child is suitable for education in a school other than a
special school or in a special school, it shall cancel the original decision
and notify the cancellation to the health and social services board to whom
the report of the original decision was issued, to any other authority or body
concerned and to the parents.

(6) If, after considering the advice, reports and information referred to in
sub-paragraph (5), the board refuses to cancel the decision, it shall serve on
the parent of the child a notice stating that the board has so decided and the
parent may, before the expiration of the period of twenty-one days beginning
on the day next following the day on which it is served on him, appeal to the
Ministry against the decision of the board.

(7) On an appeal under sub-paragraph (6), the Ministry may require the board
to cancel the original decision or may confirm their refusal to do so.

4. Where a child or young person in the area of a board is about to leave or
has left school and it appears to the board that his physical, intellectual,
emotional or social development is such as to require that in his interests
further care, treatment or supervision should be provided, the board shall
notify the appropriate health and social services board and furnish such
report or information relating to him as that board may require.

1.(1) Where it appears to a board that a parent of a child of compulsory
school age in its area is failing to perform the duty imposed on him by
Article 35(1), the board shall serve on the parent a notice requiring him,
within such period not being less than fourteen days from the service of the
notice as is specified in the notice, to satisfy the board that the child is,
by regular attendance at school or otherwise, receiving efficient full-time
education suitable to his age, ability and aptitude.

(2) Where a parent on whom a notice is served under sub-paragraph (1) fails
within the period specified in the notice to satisfy the board that the child
to whom the notice relates is receiving efficient full-time education suitable
to his age, ability and aptitude, the board shall, if it is of opinion that it
is expedient that the child should attend school, serve in the prescribed
manner on the parent an order in the prescribed form (in this Schedule
referred to as a "school attendance order") requiring him to cause the child
to become a registered pupil at the school named in the order.

(3) Before serving an order on a parent under sub-paragraph (2) the board
shall, where practicable, give him an opportunity to select the school to be
named in the order and, if the parent then selects a school, that school
shall, unless the Ministry otherwise directs, be the school named in the
order.

(4) Where the board is of opinion that the school selected by a parent as the
school to be named in a school attendance order is unsuitable to the age,
ability or aptitude of the child with respect to whom the order is to be made
or that the attendance of the child at the school so selected would involve
unreasonable expense to the board, the board may, after giving to the parent
notice of its intention to do so, apply to the Ministry for a direction
determining the school to be named in the order.

(5) Where the school named in a school attendance order served under
sub-paragraph (2) provides education for pupils up to the upper limit of
compulsory school age or beyond, the order shall, subject to paragraph 2,
continue in force so long as the pupil is of compulsory school age and where
the school does not provide education up to or beyond that age the order shall
expire when the pupil has reached the age at which he would normally leave
that school.

2.(1) Where, at any time whilst a school attendance order is in force with
respect to a child, the parent of the child makes an application to the board
by whom the order was made requesting that another school be substituted for
that named in the order or requesting that the order be revoked on the ground
that arrangements have been made for the child to receive otherwise than at
school efficient full-time education suitable to his age, ability and
aptitude, the board shall amend or revoke the order in compliance with the
request unless it is of opinion that the proposed school is unsuitable to the
age, ability or aptitude of the child or that the attendance of the child at
the school would involve unreasonable expense to the board or, as the case may
be, that no satisfactory arrangements have been made for the education of the
child otherwise than at school.

(2) A parent who is aggrieved by a refusal of a board to comply with a request
made under sub-paragraph (1) may refer the matter to the Ministry and the
Ministry shall give such direction thereon as it thinks fit.

3.(1) Subject to the following provisions of this paragraph, it shall be the
duty of a parent of a registered pupil at a school to secure his regular
attendance at that school.

(2) For the purposes of sub-paragraph (1) and of any proceedings brought under
paragraph 4 in respect of a child who is not a boarder at the school at which
he is a registered pupil, the child shall not be deemed to have failed to
attend regularly at the school only by reason of his absence therefrom

(a)at any time when he was prevented from attending by reason of sickness or
other unavoidable cause;

(b)if the parent proves that the school at which the child is a registered
pupil is not within walking distance of the child's home and either that

(i)no arrangements whereby transport is available to the child have been made
by the board under Article 41 and no arrangements have been made for boarding
accommodation for him at or near the school or for enabling him to become a
registered pupil at a school nearer to his home; or

(ii)any arrangements which have been made under Article 41 whereby transport
is available to the child for any part of the journey between his home and
school are such that he has still to walk more than walking distance in the
course of that journey;

(c)at any time when he is employed in accordance with the provisions of
Article 51(2).

(3) Where, in any proceedings brought against a parent on the ground that a
child who is a registered pupil at a school has failed to attend that school
regularly, it is proved that the child has no fixed abode, sub-paragraph
(2)(b) shall not apply but the parent shall be entitled to be acquitted if he
proves that he is engaged in any trade or business of such a nature as to
require him to travel from place to place and that the child has attended (at
the school at which he was a registered pupil) as regularly as the trade or
business of the parent permitted provided that, in the case of a child who has
attained the age of six years, he has so attended on at least one hundred days
during the period of twelve months ending with the date on which the
proceedings were instituted.

(4) In any proceedings as aforesaid in respect of a child who is a boarder at
the school at which he is a registered pupil, the child shall be deemed to
have failed to attend regularly at the school if he is absent therefrom at a
time when he was not prevented from being present by reason of sickness or
other unavoidable cause.

(5) For the purpose of determining whether a child of compulsory school age
who is a registered pupil at a school has failed to attend regularly because
of sickness, a board may cause the child to be examined either at his home or
elsewhere by a medical practitioner and where the parent of a child
unreasonably prevents a board from exercising its power to have a child so
examined he shall be guilty of an offence and liable on summary conviction to
a fine not exceeding #10.

(6) In this paragraph "walking distance" means, in relation to a child who has
not attained the age of eleven years, two miles and, in the case of any other
child, three miles measured by the nearest available route.

4.(1) Where a parent on whom a school attendance order has been served fails
to comply with the requirements of the order or, subject to paragraph 3, where
a child of compulsory school age who is a registered pupil at a school fails
to attend regularly at that school, the parent shall be guilty of an offence
unless he proves that he is causing the child to receive, otherwise than at
school, efficient full-time education suitable to his age, ability and
aptitude.

(2) A person guilty of an offence under sub-paragraph (1) shall be liable on
summary conviction

(a)for a first offence, to a fine not exceeding #10;

(b)for a second offence, to a fine not exceeding #20; and

(c)for a third or subsequent offence to a fine not exceeding #20 or to
imprisonment for a term not exceeding three months or to both.

5.(1) It shall be the duty of a board to institute proceedings against a
parent for an offence under paragraph 4(1) where in its opinion the
institution of such proceedings is necessary for the purposes of enforcing the
duty imposed on a parent by Article 35 to cause his child to receive efficient
full-time education suitable to his age, ability and aptitude.

(2) Without prejudice to sub-paragraph (1), where

(a)a child of compulsory school age who is a registered pupil at a school
fails to attend regularly thereat; or

(b)a child in respect of whom a school attendance order has been made has not
become a registered pupil at the school named in the order;

(3) Without prejudice to the institution of proceedings for an offence under
section 27 of the Children and Young Persons Act (Northern Ireland) 1968,
where it appears to a board that a child of compulsory school age who is for
the time being in its area is a child whom a person habitually wandering from
place to place takes with him, the board may, if satisfied that it is
necessary to do so in order to secure that the child receives efficient
full-time education suitable to his age, ability and aptitude, bring the child
before a juvenile court.

6.(1) Where the court before which a prosecution is brought for an offence
under paragraph 4

(a)is, whether or not the parent is convicted of the offence, satisfied that
the child in respect of whom the offence is alleged to have been committed has
failed to attend regularly at the school at which he is a registered pupil; or

(b)convicts a person of failure to comply with a school attendance order in
respect of a child;

(2) Where a person against whom proceedings are taken for failure to comply
with the provisions of a school attendance order is acquitted, the court may
direct that the school attendance order shall cease to have effect but without
prejudice to the duty of the board to take further action under this Schedule
if at any time the board is of opinion that, having regard to any change of
circumstances, it is expedient to do so.

7. A juvenile court before which a child is brought under sub-paragraph (2) or
(3) of paragraph 5 or by virtue of a direction under paragraph 6(1) may, if it
is satisfied that it is necessary to do so for the purpose of securing the
regular attendance of the child at school or of securing that the child
receives, otherwise than at school, full-time education suitable to his age,
ability and aptitude, make any order which a juvenile court has power to make
under section 95 of the Children and Young Persons Act (Northern Ireland) 1968
in the case of persons brought before it under section 94 of that Act.

8. For the purposes of a prosecution of the parent of a child for an offence
under paragraph 4, the parent of the child shall be required to give to the
court such information as he possesses regarding the date and place, and place
of registration, of the birth of the child and where the parent refuses or is
unable to give such information, the child shall, in so far as his having been
of compulsory school age at any time is material, be presumed to have been of
compulsory school age at that time.

9. For the purposes of the Children and Young Persons Act (Northern Ireland)
1968,

(a)any child with respect to whom a direction has been given under
paragraph 6(1) that he be brought before a juvenile court and any child
brought before such a court by virtue of paragraph 5(2); and

(b)any child who is about to be brought or is brought before a juvenile court
by virtue of paragraph 5(3);

10.(1) Proceedings for an offence under this Schedule shall not be taken
except by or on behalf of a board or by an officer appointed for the purpose
and authorised in that behalf by the board.

(2) Any such officer appointed and authorised as aforesaid may, on behalf of a
board,

(a)perform the functions of a board under sub-paragraph (2) or (3) of
paragraph 5 or carry out any direction of a court given under paragraph 6(1);

(b)although not of counsel or a solicitor, prosecute or conduct any
proceedings brought under this Schedule before a court of summary jurisdiction
and conduct any proceedings brought under this Schedule before a juvenile
court.

Part IV (para. 11) rep. by 1980 NI 16 art.11 sch.

1. This Part applies to the appointment of a teacher to a post of principal,
or such other post as may be prescribed, in a controlled school other than a
technical intermediate school and in this Part the expression "post" shall be
construed accordingly.

2. Subject to the provisions of any regulations made by the Ministry, a board
may, without advertisement, appoint a teacher to a vacant post if

(a)the school management committee of the school to which the appointment is
to be made has given to the board its prior consent to the appointment; and

(b)the teacher is either a teacher in the school to which the appointment is
being made or is a person employed either in a controlled school under the
management of the board or in a grant-aided school in the area of the board in
a post of principal or such other post as may be prescribed.

3.(1) Except as otherwise provided in paragraph 2, where it is necessary for a
board to appoint a person to a post

(a)the board shall advertise the post in the prescribed manner;

(b)applications for the post shall be made to the board on forms approved by
the Ministry;

(c)the board shall send to the school management committee of the school to
which the appointment is to be made the application forms from candidates for
the appointment who appear to the board to be qualified or provisionally
qualified for the post.

(2) The school management committee shall, at a meeting or meetings duly
convened for the purpose, consider all application forms sent to it under
sub-paragraph (1)(c) and, after interviewing such number, if any, of the
candidates as it considers necessary, shall

(a)if there are more than three qualified or provisionally qualified
candidates either

(i)submit to the board the names of three such candidates as it considers most
suitable for appointment; or

(ii)inform the board that it cannot recommend any of the candidates;

(b)if there are less than four qualified or provisionally qualified candidates
either

(i)submit to the board the name or names of the candidate or candidates whom
it is prepared to recommend; or

(ii)inform the board that it is not prepared to recommend any of the
candidates.

(3) Where the school management committee recommends a candidate or candidates
for appointment, the board may interview the candidate or any of the
candidates and may appoint to the post any candidate recommended by the school
management committee.

(4) Where a school management committee informs the board that it is not
prepared to recommend any of the candidates and the board agrees that none of
the candidates should be appointed, the board may again advertise the post in
the prescribed manner and where it does so shall again comply with the
provisions of this paragraph.

(5) Where the board is not prepared to appoint the candidate or any of the
candidates recommended by the school management committee or where the school
management committee has informed the board that it is not prepared to
recommend any of the candidates and the board is of opinion that one of the
candidates should be appointed or the school management committee fails to
comply with sub-paragraph (2), and if, after consultation with the school
management committee, the board and the committee cannot agree either that one
of the candidates should be appointed or that the post should be advertised
again under sub-paragraph (1) and that this paragraph be again complied with,
the board shall refer the matter to the Ministry.

(6) Where a matter is referred to the Ministry under sub-paragraph (5) the
Ministry shall, after making such inquiries, if any, as it considers
necessary, either

(a)direct the appointment of one of the candidates; or

(b)direct the board to advertise the post again in the prescribed manner and
to comply again with the provisions of this paragraph;

(7) In this paragraph "provisionally qualified" in relation to a candidate for
appointment to a teaching post means a person who may reasonably be expected
to hold such qualifications as may be approved by the Ministry for appointment
to such post before the date on which the appointment would take effect.

4. The functions of a board under this Part shall be performed on behalf of
the board by the teaching appointments committee of the board.

5. In this Part "assistant teacher" means a teacher (other than a principal or
the holder of such other post as may be prescribed under paragraph 1) in a
controlled school other than a technical intermediate school.

6.(1) Where it is necessary for a board to appoint a person as an assistant
teacher, other than a temporary or part-time assistant teacher, in a
controlled school in the area of the board

(a)the board shall advertise the post in the prescribed manner;

(b)applications for the post shall be made to the board on forms approved by
the Ministry;

(c)the board shall send to the school management committee of the school to
which the appointment is to be made, the application forms from candidates for
the appointment who appear to the board to be qualified or provisionally
qualified for the post.

(2) The school management committee shall, at a meeting or meetings duly
convened for the purpose, consider all application forms sent to it under
sub-paragraph (1)(c) and, after interviewing such number, if any, of the
candidates as it considers necessary, shall either

(a)inform the board that in its opinion none of the candidates should be
appointed; or

(b)inform the board of the name of the candidate whom it proposes should be
appointed and of the names of such other candidates, if any, as it proposes
should be offered the appointment if the first-named candidate is for any
reason not available for appointment, the names of such other candidates, if
more than one, being placed in the order in which it considers that they
should be offered the appointment.

(3) Where a school management committee informs the board that in its opinion
none of the candidates should be appointed and

(a)the board is satisfied that none of the candidates should be appointed, the
board may again advertise the post in the prescribed manner and, where it does
do, shall again comply with the provisions of this paragraph; or

(b)the board is of opinion that one of the candidates should be appointed and
if, after consultation with the school management committee, the board and the
committee cannot agree either on the appointment of one of the candidates, or
that the post should be advertised again under sub-paragraph (1) and that this
paragraph be again complied with, the board shall refer the matter to the
Ministry.

(4) Where a school management committee makes proposals under sub-paragraph
(2)(b) for the appointment of a candidate and the board is satisfied to act in
accordance with those proposals, the board shall take all necessary steps to
appoint a candidate in accordance with those proposals but where the board is
not so satisfied or the school management committee fails to comply with
sub-paragraph (2) then, if after consultation with the school management
committee, the board and the committee cannot agree either on the appointment
of one of the candidates or that the post should be advertised again under
sub-paragraph (1) and that this paragraph be again complied with, the board
shall refer the matter to the Ministry.

(5) Where a matter is referred to the Ministry under sub-paragraph (3) or (4),
the Ministry may make such inquiries, if any, as it thinks necessary and shall
then either

(a)direct that a candidate be appointed in accordance with the proposals of
the board or the school management committee; or

(b)direct that some other candidate be appointed; or

(c)direct the board to advertise the post again in the prescribed manner and
to comply again with the provisions of this paragraph;

(6) A board may appoint a person as a temporary or part-time teacher in a
controlled school under its management without complying with the foregoing
provisions of this paragraph but where the school management committee of the
school objects to the appointment

(a)the board shall refer the matter to the Ministry;

(b)the Ministry shall consider any representations made to it by the board or
the school management committee; and

(c)the Ministry shall determine whether the appointment should be continued
and, if not, the date on which it should terminate.

(7) A board may, with the prior consent of the school management committee of
the school to which a teacher is being transferred or appointed and without
complying with the foregoing provisions of this paragraph, transfer or appoint
to a post of assistant teacher in a controlled school under its management a
teacher employed either [by it or in] a grant-aided school in the area of the
board.

(8) In this paragraph "provisionally qualified" has the same meaning as in
paragraph 3.

7.(1) The number of peripatetic teachers employed by a board and the purposes
for which they are employed shall be in accordance with arrangements made by
the board and approved by the Ministry and a board shall not employ such
teachers otherwise than by arrangements so made and approved.

(2) The number of supply teachers employed by a board shall be subject to the
approval of the Ministry.

8.(1) Where a board intends to appoint either a peripatetic teacher or a
supply teacher the board shall advertise the post in the prescribed form and
applications shall be made to the board on forms approved by the Ministry.

(2) The board shall, at a meeting or meetings duly convened for the purpose,
consider all application forms sent to it from candidates for the post who
appear to the board to be qualified for the appointment and the board, after
interviewing such number of the candidates as it considers necessary, may
appoint a candidate or candidates.

(3) Where the board is not prepared to appoint any of the candidates
interviewed by it, the board shall refer the matter to the Ministry and the
Ministry shall, after making such inquiries, if any, as it considers
necessary,

(a)direct the appointment of a particular candidate or candidates; or

(b)direct the board to advertise the post again and to comply again with the
provisions of sub-paragraphs (1) and (2); or

(c)direct the board not to make an appointment;

[(4) A board may without complying with the foregoing provisions of this
paragraph

(a)appoint as a peripatetic or supply teacher a teacher employed by it or a
teacher employed in a grant-aided school in the area of the board; or

(b)employ a peripatetic or supply teacher in a part-time or temporary
capacity.]

9. Where the management committee of a controlled school or institution of
further education objects to the employment of a supply teacher in a school or
institution under its management

[(a)the board shall refer the matter to the Department;

(b)the Department shall consider any representations made to it by the board
or the management committee; and

(c)the Department shall determine whether the teacher should or, as the case
may be, should continue to be employed in that school or institution.]

10. A board may permit peripatetic [or supply] teachers employed by it to be
employed in a voluntary school if so requested by the management body of that
school.

Part IV (para.11), Part V (para.12) rep. by 1978 NI 10 art.18(2) sch.2

1. The Staff Commission shall be a body corporate with perpetual succession
and, subject to paragraph 3(2), section 19 of the Interpretation Act (Northern
Ireland) 1954 shall apply to it.

2.(1) The members of the Staff Commission shall be appointed by the Minister
and shall consist of

(a)a chairman;

(b)five members of boards appointed after consultation with all the boards;

(c)two chief officers of boards appointed after consultation with the chief
officers of all the boards;

(d)one chief librarian of a board appointed after consultation with the chief
librarians of all the boards;

(e)two persons, not being chief officers or chief librarians of boards,
appointed after consultation with such associations representative of the
staff of boards as the Minister considers appropriate;

(f)two other persons.

(2) The term of office of a member of the Staff Commission shall be such as
the Minister may determine but a member shall be eligible for re-appointment
on the expiry of his period of office.

(3) An officer of the Ministry may be appointed by the Minister as assessor to
the Staff Commission with the right to receive notices of, and to attend and
speak at, meetings of the Commission but he shall not be entitled to vote.

(4) The Staff Commission may appoint a person as observer to attend any
meeting of a board or committee of a board at which the appointment of
officers is being considered and a board shall give an observer so appointed
notice of and access to any such meeting.

(5) The Staff Commission may pay

(a)to its chairman, such remuneration; and

(b)to its chairman and its other members such reasonable allowances in respect
of expenses properly incurred in the performance of their duties;

3.(1) The functions of the Staff Commission shall be

(a)to make recommendations regarding the training of officers of boards;

(b)to recommend appointment and promotion procedures for officers of boards
and to establish a code of procedure for securing fair and equal consideration
of applications to boards by persons seeking to be employed as officers of
boards and fair and equal treatment of persons who are so employed;

(c)to establish advisory panels for the purpose of giving advice to boards on
the suitability of applicants for appointment to such offices as the
Commission considers appropriate;

(d)to ensure that suitable machinery exists for negotiating the terms and
conditions of employment of all officers of boards;

(e)to perform such other functions as the Ministry may from time to time
assign to it;

(2) The right of the Staff Commission under section 19(1)(a)(vi) of the
Interpretation Act (Northern Ireland) 1954 to employ staff shall be exercised
subject to any direction which may be given by the Ministry with respect to
the number and terms and conditions of service of persons employed or to be
employed by the Commission.

(3) Where the Staff Commission makes a recommendation to a board and the board
does not comply with the recommendation within a reasonable period, the Staff
Commission may refer the matter to the Ministry and the Ministry shall give
such directions to the board or the Staff Commission as it thinks fit.

(4) Each board shall

(a)make such reports and returns with respect to its officers and their terms
and conditions of employment;

(b)furnish such estimates of its probable future staff requirements;

(c)give such information with respect to matters connected with the employment
of any officer;

4. The Staff Commission shall keep such accounts and records as the Ministry
[may direct] ....

[(4A) In respect of the financial year ending on 31st March 1978 and each
succeeding financial year

(a)the Staff Commission shall prepare and submit to the Comptroller and
Auditor-General for Northern Ireland a statement of accounts before such date,
in such form and containing such information as the Department, with the
approval of the Department of Finance, may direct and shall before that date
send a copy thereof to the Department;

(b)the Comptroller and Auditor-General for Northern Ireland shall examine and
certify the statement of accounts submitted to him by the Staff Commission;
and

(c)the Department shall lay before the Northern Ireland Assembly a copy of the
certified statement of accounts of the Staff Commission together with a copy
of any report thereon of the Comptroller and Auditor-General for Northern
Ireland.

(4B) The Comptroller and Auditor-General for Northern Ireland in the discharge
of his functions under this paragraph shall have right of access to the books,
accounts and records of the Staff Commission and may require from any member,
officer or servant or former member, officer or servant of the Staff
Commission such information relating to the affairs of the Staff Commission as
he may think necessary for the proper performance of those functions.]

5. Articles 92(1), 103 and 104 shall apply to the Staff Commission in like
manner as they apply to a board.

1. References to the Ministry concerned or to the Council shall be construed
as references to the Ministry within the meaning of this Order.

2. References to the said Schedule 6 shall be construed as references to that
Schedule as modified by this Part.

3. Paragraph 1 shall be omitted.

4. In paragraph 2

(a)for the words from the beginning to "directs" there shall be substituted
"where the Ministry proposes to acquire land under Article 94(7) otherwise
than by agreement, it shall give public notice of its intention to do so and
such notice";

(b)in sub-paragraph (c) for the words "as may be prescribed" there shall be
substituted the words "as the Ministry considers fit".

5. For paragraph 3(1)(ii) there shall be substituted "decide not to make the
order".

6. In paragraph 4 the words from "and may provide" to the end of the paragraph
shall be omitted.

7. In paragraph 5

(a)in sub-paragraph (1)(a) the words "in the prescribed form and manner" shall
be omitted;

(b)in sub-paragraph (1)(b) the two references to the said Act of 1972 shall be
construed as references to this Order;

(c)in sub-paragraph (1)(d) the words "in the prescribed form" shall be
omitted;

(d)in sub-paragraph (2) for the words "as may be prescribed" there shall be
substituted the words "as the Ministry considers fit".

8. In paragraph 6(2) for the words "fund out of which the expenses of the
council in acquiring the land are to be defrayed" there shall be substituted
the words "Consolidated Fund" and for the words "out of the compensation fund"
there shall be substituted the words "made by the Ministry".

9. In paragraph 11(3) the words "in the prescribed form" shall be omitted.

10. In paragraph 12 in sub-paragraph (1) the words "such" and "as may be
prescribed" shall be omitted and in sub-paragraph (2) for the words from
"clerk" to "directs" there shall be substituted the words "Ministry as
correct, and shall publish".

11. In paragraph 14(1), the words "in the prescribed form" shall be omitted.

12. In paragraph 15(1) for the words "in the prescribed form" there shall be
substituted the words "in such form as may be approved by the Ministry".

13. Paragraph 19 shall be omitted.

14. In paragraph 20, sub-paragraph (2) shall be omitted.

1. For any reference to a council or the council or the clerk of the council
there shall be substituted a reference to a board or the board or the chief
officer of the board respectively.

2. For any reference to the Ministry concerned there shall be substituted a
reference to the Ministry.

3. For any reference to that Act there shall be substituted a reference to
this Order.

4. Any references to that Schedule shall be construed as references to that
Schedule as modified by this Part.

5. Paragraph 19 shall be omitted.

1.(1) The Council shall consist of a Chairman appointed by the Minister and
not less than twenty-four nor more than twenty-seven other members appointed
by the Minister in accordance with the succeeding provisions of this
paragraph.

(2) The other members shall be

the Chairman of the G.C.E. Board;

the Chairman of the C.S.E. Board;

ten persons representing teachers in secondary schools;

two persons representing teachers in institutions of further education;

four persons representing the Queen's University of Belfast and the New
University of Ulster;

one person representing the [Ulster Polytechnic];

two persons representing colleges of education;

three persons representing education and library boards;

(3) The other members shall be appointed from amongst the members of the
G.C.E. Board and the C.S.E. Board, being persons appearing to the Minister to
represent the appropriate interests.

(4) In appointing the other members of the Council the Minister shall ensure
that, so far as is practicable, the Council contains an equal number of
members of the G.C.E. Board and the C.S.E. Board.

Sub-para.(5) rep. by 1978 NI 10 art.18(2) sch.2

2.(1) The Minister may appoint not more than three assessors to the Council
and each assessor shall be entitled to receive notice of, and to attend and
speak at, meetings of the Council and of committees and sub-committees
thereof, but shall not be entitled to vote.

(2) Section 18(2) of the Interpretation Act (Northern Ireland) 1954 (except so
much thereof as relates to remuneration) shall apply to the appointment of
assessors.

3.(1) The term of office of the Chairman and the other members of the Council
shall be three years or such shorter period as may be determined by the
Minister at the time the appointment is made but a person appointed to fill a
casual vacancy shall hold office only for the remainder of the term for which
the member he replaces was appointed.

(2) A member of the Council shall be eligible for re-appointment on the expiry
of his period of office.

(3) A member shall be deemed to have vacated his office and the Council shall
declare his place vacant in the following circumstances

(a)where he gives to the Minister a notice in writing of his resignation;

(b)where he becomes bankrupt or makes a composition with his creditors;

(c)where, in the opinion of the Minister, he becomes incapacitated to hold
office and the Minister so informs the Council in writing;

(d)where he is convicted of an indictable offence and is sentenced to a term
of imprisonment of not less than three months; or

(e)where he fails, without leave of the Council, to attend any meetings of the
Council or of a committee or sub-committee thereof for a period of twelve
consecutive months.

4. The Council shall make arrangements for the consideration by the Council of
appeals against any decision or complaints against any action of the G.C.E.
Board or the C.S.E. Board and may, after consultation with whichever of those
Boards is concerned, refer the matter to that Board for further consideration.

5.(1) The Council shall appoint a Finance Committee not less than one-third of
the members of which shall be members for the time being appointed to the
Council as representing education and library boards.

(2) The Council may appoint such other committees as it thinks fit and the
membership of such other committees may include persons who are not members of
the Council.

(3) The Council may delegate any of its functions to a committee, but
functions which are related to finance may be delegated only to the Finance
Committee.

(4) The powers of any committee of the Council shall be exercised, and the
proceedings of the committee shall be regulated, in accordance with, and
subject to, any directions given by the Council.

6. The proceedings of the Council or of any committee or sub-committee shall
not be invalidated by any vacancy in the membership of the Council, or of any
committee or sub-committee, or by any defect in the appointment of a member.

7. Without prejudice to section 19(1)(a)(v) of the Interpretation Act
(Northern Ireland) 1954, the Council shall make standing orders relating to
the convening of meetings of the Council and of committees and sub-committees,
the fixing of the quorum, the conduct of business at meetings, the keeping of
minutes, accounts and other records, the signing of cheques, the custody of
deeds and other documents, the duties of officers and such other matters
connected with the conduct of its business as it thinks fit.

8. The common seal of the Council shall, when applied to a document, be
attested by the signatures of any two members of the Council authorised by the
Council to act for that purpose.

9.(1) The right of the Council under section 19(1)(a)(vi) of the
Interpretation Act (Northern Ireland) 1954 to employ staff shall be exercised
subject to any directions which may be given by the Ministry with respect to
the number and terms and conditions of service of persons employed or to be
employed by the Council.

(2) The officers of the Council shall be appointed at such rates of
remuneration as the Council may, with the approval of the Ministry and the
Ministry of Finance, determine.

(3) The Council may, in accordance with arrangements approved by the Ministry
and the Ministry of Finance, make provision for the payment on death or
retirement of pensions, gratuities or other like benefits to or in respect of
the service of officers of the Council.

(4) The Council shall, after consultation with the Ministry, appoint a fit
person to be its chief officer.

(5) Before making any appointment under sub-paragraph (4), the Council shall
supply to the Ministry particulars of the names, previous experience and
qualifications of the persons from whom it proposes to make a selection, and
if the Ministry considers that any person whose name is submitted is not a fit
person to be the chief officer of the Council, the Ministry may give
directions prohibiting his appointment.

(6) A person who is an officer of the Council shall not be qualified to be a
member of the Council or of the G.C.E. Board or the C.S.E. Board.

10. The Council may pay to any member of the Council or of the G.C.E. or
C.S.E. Boards or to any member of a committee or sub-committee thereof
(including persons who are not members of the Council or of those Boards)
travelling, subsistence and other allowances at such rates as the Ministry may
approve.

1.(1) The G.C.E. Board shall consist of a Chairman appointed by the Minister
and not less than thirty-one nor more than thirty-four other members appointed
by the Minister in accordance with the succeeding provisions of this
paragraph.

(2) The other members shall be

eleven persons representing teachers in secondary schools;

three persons representing teachers in institutions of further education;

eleven persons representing the Queen's University of Belfast and the New
University of Ulster;

two persons representing the [Ulster Polytechnic];

two persons representing colleges of education;

two persons representing education and library boards;

(3) The other members, except the additional members, shall be appointed by
the Minister after consultation with bodies recognised by the Minister as
representing the appropriate interests.

Sub-para.(4) rep. by 1978 NI 10 art.18(2) sch.2

2.(1) The Minister may appoint not more than two assessors to the G.C.E. Board
and each assessor shall be entitled to receive notice of, and attend and speak
at, meetings of that Board and of committees and sub-committees thereof, but
shall not be entitled to vote.

(2) Section 18(2) of the Interpretation Act (Northern Ireland) 1954 (except so
much thereof as relates to remuneration) shall apply to the appointment of
assessors.

3.(1) The C.S.E. Board shall consist of a Chairman appointed by the Minister
and not less than twenty-four nor more than thirty-seven other members
appointed by the Minister in accordance with the succeeding provisions of this
paragraph.

(2) The other members shall be

twelve persons representing teachers in secondary schools;

two persons representing teachers in institutions of further education;

four persons representing education and library boards;

four persons representing Universities and other institutions of higher
education;

two additional members, being persons of experience in industry and commerce;

(3) As soon as may be after the establishment of the C.S.E. Board, and after
the appointment by that Board of subject panels, that Board shall nominate
teachers serving on the panels for membership of that Board and shall forward
the nominations to the Minister.

(4) The Minister shall appoint from amongst the persons nominated under
sub-paragraph (3) ten persons to be members of the C.S.E. Board.

(5) On the making of appointments under sub-paragraph (4), sub-paragraph (1)
shall have effect as if for the words "twenty-four" there were substituted the
words "thirty-four".

(6) The other members, except the additional members and the members appointed
under sub-paragraph (4), shall be appointed by the Ministry after consultation
with bodies recognised by the Minister as representing the appropriate
interests.

Sub-para.(7) rep. by 1978 NI 10 art.18(2) sch.2

4.(1) The Minister may appoint not more than two assessors, and the [Head of
the Department of Manpower Services] may appoint one assessor, to the C.S.E.
Board and each assessor shall be entitled to receive notice of, and attend and
speak at, meetings of that Board and of committees and sub-committees thereof,
but shall not be entitled to vote.

(2) Section 18(2) of the Interpretation Act (Northern Ireland) 1954 (except so
much thereof as relates to remuneration) shall apply to the appointment of
assessors.

5. In this Part

"the Examinations Board" means the G.C.E. Board or the C.S.E. Board;

"the relevant examinations" means the examinations for the relevant
certificate;

"the relevant certificate" in relation to the G.C.E. Board means the Northern
Ireland General Certificate of Education and in relation to the C.S.E. Board
means the Northern Ireland Certificate of Secondary Education.

6.(1) It shall be the duty of the Examinations Board, as from a date to be
determined by the Ministry after consultation with the Council and the
Examinations Board, to conduct the relevant examinations and to award the
relevant certificate in accordance with such rules as the Examinations Board,
with the approval of the Council, may determine.

(2) Arrangements made by the Examinations Board for the conduct of the
relevant examinations may include provision

(a)for the conduct of external examinations on syllabuses prescribed by the
Examinations Board;

(b)for the conduct of external examinations on syllabuses prepared by
individual schools or groups of schools [or by individual institutions of
further education or groups of such institutions or groups of schools and such
institutions]; and

(c)for external assessment of examinations conducted internally by individual
schools or groups of schools [or by individual institutions of further
education or groups of such institutions or groups of schools and such
institutions].

(3) Subject to the approval of the Council, the Examinations Board may enter
into arrangements to perform functions or provide services on behalf of any
other examining body or authority and such arrangements may provide for the
payment by the said body or authority of the whole or part of any expenditure
incurred by the Examinations Board in carrying out the arrangements.

(4) Subject to the approval of the Council, the Examinations Board may arrange
for the relevant examinations, or part thereof, to be conducted on their
behalf by any other examining body or authority and may make payments to that
body or authority in respect of the expenditure incurred by it in carrying out
the arrangements.

(5) The Examinations Board shall seek to ensure that the standards of the
relevant examinations are recognised as equivalent to the standards of
examinations conducted by other examining bodies exercising similar functions
elsewhere in the United Kingdom.

(6) The Examinations Board may conduct investigations into methods of
examining and such other matters as the Examinations Board, with the approval
of the Council, may determine, may take part in investigations into such
matters conducted by another body, and may make to such body payments in
respect of the expenditure incurred by it in conducting such investigations.

(7) The Examinations Board shall have regard to any views on the discharge of
their functions which may be conveyed to them by the Council.

7.(1) The Examinations Board shall not, except with the approval of the
Council, introduce new subjects in the relevant examinations.

(2) The G.C.E. Board shall not, except with the approval of the Council,
introduce new syllabuses in subjects of the relevant examinations at the
Advanced Level.

8.(1) The term of office of the Chairman and the other members of the
Examinations Board shall be three years or such shorter period as may be
determined by the Minister at the time the appointment is made, but a person
appointed to fill a casual vacancy shall hold office only for the remainder of
the term for which the member he replaces was appointed.

(2) A member of the Examinations Board shall be eligible for re-appointment on
the expiry of his period of office.

(3) A member shall be deemed to have vacated his office and the Examinations
Board shall declare his place vacant in the following circumstances

(a)where he gives to the Minister a notice in writing of his resignation;

(b)where he becomes bankrupt or makes a composition with his creditors;

(c)where, in the opinion of the Minister, he becomes incapacitated to hold
office, and the Minister so informs the Examinations Board in writing;

(d)where he is convicted of an indictable offence and is sentenced to a term
of imprisonment of not less than three months;

(e)where he fails, without leave of the Board, to attend any meetings of the
Examinations Board or of a committee or sub-committee thereof for a period of
twelve consecutive months.

9.(1) The Examinations Board may appoint such committees and subject panels as
they think fit and the membership of such committees and subject panels may
include persons who are not members of the Examinations Board.

(2) The Examinations Board may, subject to the approval of the Council,
delegate any of their functions to a committee or subject panel appointed
under sub-paragraph (1).

(3) The Examinations Board shall make standing orders relating to the
convening of meetings of the Examinations Board, committees, sub-committees
and subject panels, the fixing of the quorum, the conduct of business at
meetings, the keeping of minutes, accounts and other records, the custody of
documents and such other matters connected with the conduct of their business
as they think fit.

(4) The proceedings of the Examinations Board or of any committee or subject
panel shall not be invalidated by any vacancy in the membership of the
Examinations Board, or of any committee or subject panel, or by any defect in
the appointment of a member.

10.(1) For the purpose of discharging their duty under paragraph 6 the
Examinations Board shall appoint such examiners, moderators and other persons
as they consider necessary and shall pay them such salaries, fees or other
allowances as the Board may, with the approval of the Ministry and the
Council, determine.

(2) The Examinations Board, with the approval of the Council, shall publish
rules and syllabuses for the relevant examinations and may publish specimen
examination papers and such other material as they consider desirable.

(3) The Examinations Board shall make arrangements for the consideration by
them of any representations and appeals relating to the discharge of their
functions.

(4) The Examinations Board shall charge examination fees at rates approved by
the Ministry and the Council.

(5) The relevant certificate awarded by the Examinations Board shall be signed
on behalf of the Board and countersigned on behalf of the Council.

11. The Examinations Board shall submit to the Council an annual report on the
relevant examinations and on the exercise of their functions and such report
shall be in such form and contain such particulars as the Council may require.

12.(1) The Examinations Board shall prepare and submit to the Council, on or
before such date in each year as the Council may determine, such estimates of
their receipts and payments as the Council may require.

(2) The Examinations Board shall keep proper accounts and other records in
such form as the Council may direct.

(3) The Examinations Board shall prepare and submit to the Council, on or
before such date in each year, as the Council may determine, statements of
account in respect of the financial year then last previously occurring.

(4) The accounts of the Examinations Board shall be audited by the Comptroller
and Auditor-General for Northern Ireland.

Schedule 15Amendments. Schedule 16Repeals

Article 111(2), (3).$$#

© 1972 Crown Copyright

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