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EDUCATION AND LIBRARIES (NORTHERN IRELAND) ORDER 1972 - SECT 30

30.(1) Any person upon whom a notice of complaint or a copy of such a notice
is served under Article 29 may, within the time limited by the notice, appeal
therefrom to the county court having jurisdiction for the place where the
school in respect of which the notice of complaint was served is situated.

(2) The court by which any appeal under this Article is heard shall have power

(a)to order that the complaint be annulled;

(b)to order that the school in respect of which the notice of complaint was
served be struck off the register;

(c)to order that the school be so struck off unless the requirements of the
notice, subject to such modifications, if any, as may be specified in the
order, are complied with to the satisfaction of the Ministry before the
expiration of such time as may be specified in the order;

(d)if satisfied that the premises alleged by the notice of complaint to be
unsuitable for use as a school or any part of such premises are in fact
unsuitable for such use, by order to disqualify the premises or part from
being so used, or, if satisfied that the accommodation provided at the school
premises is inadequate having regard to the number, ages, and sex of the
pupils attending the school, by order to disqualify the premises from being
used as a school for pupils exceeding such number or of such age or sex as may
be specified in the order;

(e)if satisfied that any person alleged by the notice of complaint to be a
person who is not proper to be the proprietor of an independent school or to
be a teacher in any school is in fact such a person, by order to disqualify
that person from being the proprietor of any independent school or from being
a teacher in any school, as the case may be.

(3) Where a notice of complaint has been served under this Order on the
proprietor of any school and no appeal is made by him against the notice
within the time limited in that behalf by the notice, the Ministry shall,
subject to paragraph (4), have power to make any order which the court would
have had power to make if an appeal had been made against the notice.

(4) Where it was alleged by a notice of complaint that any person employed as
a teacher at a school is not a proper person to be a teacher in any school and
that person has, within the time limited in that behalf by the copy of the
notice served upon him, appealed to the county court against the notice, the
Ministry shall not, unless the appeal is abandoned or not proceeded with, have
power to make an order requiring his dismissal or disqualifying him from being
a teacher in any school.

(5) Where, by virtue of an order made whether before or after the coming into
operation of this Article by the county court or by the Ministry, any person
is disqualified either from being the proprietor of an independent school or
from being a teacher in any school, then, unless the order otherwise directs,
that person shall, by virtue of the order, be disqualified both from being the
proprietor of an independent school and from being a teacher in any school.

(6) Orders made by the Ministry under this Article shall not be statutory
rules for the purposes of the [Statutory Rules (Northern Ireland) Order 1979].

(7) Every order of a county court or of the Ministry made under this Article
shall be registered by the Ministry and shall be open to public inspection at
all reasonable times.

© 1972 Crown Copyright

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