EDUCATION AND LIBRARIES (NORTHERN IRELAND) ORDER 1972

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EDUCATION AND LIBRARIES (NORTHERN IRELAND) ORDER 1972 - SECT 79



79.(1) In this Article

"statutory loan" means a loan made before the 1st February 1922 under the
National School Teachers' Residences (Ireland) Act 1875 as amended by any
subsequent enactment;

"teacher's residence" means premises provided, erected, structurally improved
or purchased by means of a statutory loan;

"trustees", in a case where a teacher's residence was, before the coming into
operation of this Article, transferred to a former local education authority,
includes the Ministry or a board where the teacher's residence has become
vested in it under this Order.

(2) A teacher in occupation of a teacher's residence shall, during the period
of the repayment of the statutory loan and thereafter during the estate of the
trustees, be required to pay to the trustees or, where the Ministry is the
trustees, to the board responsible for maintaining the residence such sum as
the Ministry may approve.

(3) Where a teacher's residence was provided in connection with a particular
school and is not required for the use of a teacher in that school, the
trustees or, where the Ministry is the trustees, the board responsible for
maintaining the residence may, with the approval of the Ministry, permit some
other person to occupy it and the board may charge the person occupying the
residence such sums, if any, as the Ministry may approve.

(4) The trustees may recover possession of a teacher's residence on giving six
months' notice in writing to the teacher or other person occupying the
residence and where the Ministry is the trustees a board may, at the
Ministry's request, act on behalf of the Ministry in effecting the recovery of
the residence.

(5) In relation to a teacher's residence

(a)the [Rent (Northern Ireland) Order 1978] shall not apply; and

(b)the trustees or a board may, notwithstanding any enactment or rule of law
and without prejudice to any other method of recovery, proceed under Part VII
of the Magistrates' Courts Act (Northern Ireland) 1964 for the summary
recovery of the residence and for the purposes of any such proceedings that
Part shall have effect as if the trustees or the board were the owner of the
residence and the teacher or other person in possession thereof were a person
who had been put into such possession by permission of the owner as caretaker.

(6) Subject to the provisions of this Article, a teacher's residence shall,
notwithstanding the completion of the repayment of any statutory loan by means
of which the residence was provided, continue to be held during the term of
the estate of the trustees, upon the same trusts and conditions as it was held
during the period of repayment, and any arrangement made under Article 14 and
Schedule 7 with respect to a teacher's residence shall provide accordingly.

(7) Where the Ministry of Finance is satisfied that a teacher's residence
which is held by trustees for an estate not limited by reference to any
condition as to user is no longer required for occupation by a teacher in
connection with any school, it may, notwithstanding the provisions of
paragraph (6), authorise the sale of the teacher's residence and

(a)a sale so authorised shall have effect as if authorised under section 18 of
the Charities Act (Northern Ireland) 1964; and

(b)the provisions of section 13 of that Act shall apply to the proceeds of
such sale irrespective of the amount thereof.

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Northern Irish Legislation

EDUCATION AND LIBRARIES (NORTHERN IRELAND) ORDER 1972 - SECT 79