Education (Corporal Punishment) (Northern Ireland) Order 1987
| Jurisdiction | UK Non-devolved |
| Citation | SI 1987/461 |
| Year | 1987 |
1987 No. 461 (N.I. 6)
NORTHERN IRELAND
The Education (Corporal Punishment) (Northern Ireland) Order 1987
Made 18th March 1987
Laid before Parliament 1st April 1987
Coming into Operation in accordance with Article 1(2)
At the Court at Buckingham Palace, the 18th day of March 1987
Present,
The Queen’s Most Excellent Majesty in Council
Whereas this Order is made only for purposes corresponding to those of section 47 of the Education (No. 2) Act11986:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act21974 (as modified by section 47(11) of the said Act of 1986) 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:—
Title and commencement
1.—(1) This Order may be cited as the Education (Corporal Punishment) (Northern Ireland) Order 1987.
(2) This Order shall come into operation on such day as the Head of the Department of Education may by order appoint.
Interpretation
2. The Interpretation Act (Northern Ireland) 31954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
Abolition of corporal punishment
3. After Article 49 of the Education and Libraries (Northern Ireland) Order 41986 there shall be inserted the following Article—
“Abolition of corporal punishment
49A.—(1) Where, in any proceedings, it is shown that corporal punishment has been given to a pupil by or on the authority of a member of the staff, giving the punishment cannot be justified on the ground that it was done in pursuance of a right exercisable by the member of the staff by virtue of his position as such.
(2) Subject to paragraph (3), references in this Article to giving corporal punishment are references to doing anything for the purposes of punishing the pupil concerned (whether or not there are also other reasons for doing it) which, apart from any justification, would constitute battery.
(3) A person is not to be taken for the purposes of this Article as giving corporal punishment by virtue of anything done for reasons that include averting an immediate danger of personal injury to, or an immediate danger to the property of, any person (including the pupil concerned).
(4) A person does not commit an offence by...
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