Education and Libraries (Northern Ireland) Order 1993
| Jurisdiction | UK Non-devolved |
| Citation | SI 1993/2810 |
| Year | 1993 |
1993No. 2810 (N.I. 12)
NORTHERN IRELAND
The Education and Libraries (Northern Ireland) Order 1993
16thNovember1993
ARRANGEMENT OF ORDER
Article
PART I
Introductory
1. Title and commencement.
2. Interpretation.
PART II
Competition
Interpretation
3. Works contract and functional work.
4. Defined activities.
Works contracts: restrictions
5. Works contracts: restrictions.
Functional work: restrictions
6. Functional work: restrictions.
7. The conditions.
8. The conditions: further provisions.
Accounts, reports and information
9. Accounts to be kept.
10. Financial objectives to be met.
11. Report for financial year.
12. Information.
Sanctions
13. Notice for purpose of getting information.
14. Directions in respect of work carried out in contravention of this Part.
Miscellaneous
15. Power to define conduct as competitive or anti-competitive.
16. Application of this Part to professional services, etc.
17. Regulations, orders, specifications and directions.
18. Supplementary.
PART III
Public supply or works contracts
19. Interpretation of Part III.
20. Board contracts: exclusion of non-commercial considerations.
21. Exceptions for fair employment matters and matters specified by Department.
22. Provisions supplementary to or consequential on Article 20.
23. Duty of boards to give reasons for certain decisions within Article 20.
24. Transitional duty of boards as regards existing lists.
25. Exclusion of charges for inclusion in approved list.
PART IV
Miscellaneous
Amalgamation of institutions of further education
26. Power of Department to determine that institutions shall be amalgamated.
27. Amalgamations in pursuance of determination under Article 26.
Finance
28. Capital grants to, and management of, maintained schools and voluntary grammar schools.
29. Grants to boards and other bodies.
30. Funding by Department of higher education.
31. Premature retirement compensation costs.
Commercial activities
32. Power of certain bodies to undertake commercial activities.
33. Formation of companies in connection with institutions of further education.
The Northern Ireland Council for the Curriculum, Examinations and Assessment
34. The Northern Ireland Council for the Curriculum, Examinations and Assessment.
Schools established in hospitals
35. Schools established in hospitals.
Miscellaneous amendments to the 1986 Order
36. Provision by boards of education otherwise than at school.
37. Limitation on membership of Boards of Governors.
38. Standard of school premises.
39. Appeals against expulsion of pupils.
40. Work experience for school children.
41. Supply teachers.
42. Salaries and other terms and conditions of employment of teachers.
43. Charges for library services.
44. Insurance by boards.
Miscellaneous amendments to the 1989 Order
45. Compulsory contributory subjects in key stage 4.
46. Courses leading to external qualifications.
47. Complaints relating to religious education and collective worship.
48. Capital charges in voluntary grammar schools.
49. Appointment of foundation governors of grant-maintained integrated schools.
Supplementary
50. Amendments and repeals.
SCHEDULES:
Schedule 1 - Competition.
Schedule 2 - Management of maintained schools and voluntary grammar schools.
Part I - Article 11 of the 1986 Order, as substituted.
Part II - Schedule 5 to the 1986 Order, as substituted.
Part III - Schedule 6 to the 1986 Order, as substituted.
Schedule 3 - Schedule 2A to the 1989 Order, as inserted.
Schedule 4 - Minor and consequential amendments.
Part I - Amendments consequential on the establishment of the Northern Ireland Council for the Curriculum, Examinations and Assessment.
Part II - Other minor and consequential amendments.
Schedule 5 - Repeals.
At the Court at Buckingham Palace, the 16th day of November 1993
Present,
The Queen's Most Excellent Majesty in Council
Whereas a draft of this Order has been approved by a resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 1974 ( a) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
PART I
Introductory
Title and commencement
1.-(1) This Order may be cited as the Education and Libraries (Northern Ireland) Order 1993.
(2) Except as provided by paragraphs (3) and (4), this Order shall come into operation on the expiration of two months from the day on which it is made.
(3) The following provisions of this Order shall come into operation forthwith-
This Part;
Article 28 and Schedule 2;
Article 42;
Article 48;
Article 50(1) and Part II of Schedule 4 so far as relating to-
the definition of "maintained school" in Article 2(2) of the 1986 Order and Articles 9(1), 15(3), 16(4) and 106(2) of, and Schedules 4, 7 and 8 to, that Order;
Articles 60(1), 126(4) and 127(2) and (3) of the 1989 Order;
Article 50(2) and Schedule 5 so far as relating to-
Article 70(1) and (3) of, and Schedule 19 to, the 1986 Order;
(a) 1974 c. 28
Articles 141(5) and 146(5) and (6) of the 1989 Order and the amendments in Schedule 9 to the 1989 Order to Articles 11 and 116(1) of, and Schedules 5 and 6 to, the 1986 Order.
(4) The following provisions of this Order shall come into operation on such day or days as the Department may by order appoint-
Articles 26 and 27;
Article 34 and Part I of Schedule 4;
Article 41;
Article 45;
Article 50(2) and Schedule 5 so far as relating to-
Articles 2(2), 65, 69A, 70(4) and 72 of the 1986 Order;
Articles 18, 20, 23 to 28, 59, 143, 151, 153, 163 and 164 of, and Schedules 2 and 3 to, the 1989 Order and the amendment in Schedule 9 to the 1989 Order to the definition of "supply teacher" in Article 2(2) of the 1986 Order.
(5) An order under paragraph (4) may make such transitional provision as appears to the Department to be necessary or expedient in connection with the provisions brought into operation by the order.
Interpretation
2.-(1) The Interpretation Act (Northern Ireland) 1954 ( a) shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order-
"the 1986 Order" means the Education and Libraries (Northern Ireland) Order 1986 ( b);
"the 1989 Order" means the Education Reform (Northern Ireland) Order 1989 ( c).
(3) This Order shall be construed as one with the 1986 Order and the 1989 Order; and accordingly Article 2(2) of the 1986 Order, in so far as it relates to the definition of words or expressions used in that Order and in this Order, shall apply for the purposes of this Order as it applies for the purposes of that Order.
PART II
Competition
Interpretation
Works contract and functional work
3. In this Part-
"works contract" means a contract constituting or including an
(a) 1954 c. 33 (N.I.)
(b) 1986 NI 3
(c) 1989 NI 20
agreement which provides for the carrying out of work by a board; and
"functional work" means-
(a) work carried out by a board, other than work carried out under a works contract; and
(b) work which is carried out otherwise than by a board but which is dependent upon, or incidental or preparatory to, other work which, by virtue of paragraph (a), is functional work in relation to that board;
and work carried out as mentioned in paragraph (b) shall be treated as carried out by the board.
Defined activities
4.-(1) Subject to the following provisions of this Article, each of the following is a defined activity for the purposes of this Part-
(a) cleaning of buildings;
(b) catering;
(c) maintenance of ground; and
(d) repair and maintenance of vehicles;
and Schedule 1 applies for the purpose of interpreting the preceding provisions of this paragraph.
(2) The Department may by order subject to affirmative resolution provide for an activity to be a defined activity by adding a sub-paragraph to those for the time being appearing in paragraph (1) or by modifying any provision of Schedule 1 which for the time being excludes anything from the activities falling within any of those sub-paragraphs.
(3) Before making an order under paragraph (2), the Department shall consult the boards.
(4) Where work would (apart from this paragraph) fall within more than one defined activity it shall be treated as falling only within such one of them as the board carrying out the work decides.
(5) Work which is carried out by a board through an employee and which would (apart from this paragraph) fall within a defined activity shall not do so if it is incidental to the greater part of the work he is employed to do and the greater part does not constitute a defined activity.
(6) If a board carries out work which (apart from this paragraph) would not fall within a defined activity, and which in the opinion of the board cannot be carried out efficiently separately from a particular defined activity, the work shall (if the board so decides) be treated as falling within that defined activity.
(7) Work which would (apart from this paragraph) fall within a defined activity shall not do so if it is calculated to avert, alleviateor eradicate the effects or potental effects of an emergency or disaster (actual or potential) involving or likely to involve danger to life or health or serious damage to or destruction of property.
(8) The Department may provide by order subject to negative resolution that any activity specified in the order, if carried out by a board or boards so specified, shall not be treated as a defined activity so long as conditions so specified are fulfilled.
Works contracts: restrictions
Works contracts: restrictions
5.-(1) If a board proposes to enter into a works contract with another person (the other party) and under the contract the board is to carry out work falling within a defined activity, the board may not enter into the contract unless-
(a) the first or second alternative of the first condition is fulfilled; and
(b) the...
To continue reading
Request your trial