Education (Northern Ireland) Order 1998
| Jurisdiction | UK Non-devolved |
| Citation | SI 1998/1759 |
| Year | 1998 |
1998 No. 1759 (N.I. 13)
NORTHERN IRELAND
The Education (Northern Ireland) Order 1998
21stJuly 1998
ARRANGEMENT OF ORDER
Part I
Introductory
Article
1. Title and commencement.
2. Interpretation.
Part II
Discipline
3. Responsibility of Board of Governors and principal for discipline.
4. Power of member of staff to restrain pupils.
5. Detention of pupil outside school hours.
6. Duty of board to prepare plan relating to children with behavioural difficulties.
Part III
Assessment and pupils' performance
Chapter I
Baseline Assessments
7. Introductory.
8. Assessment of pupils in accordance with baseline assessment arrangements.
9. Baseline assessment arrangements.
Chapter II
Assessment arrangements and pupils' performance
Assessment arrangements
10. Assessment arrangements.
Pupils' performance
11. School performance targets.
12. Provision of information on individual performance of pupils.
Part IV
Performance and management of schools
13. School development plans.
14. Appointment of additional governors for school not providing acceptable standard of education.
15. Contents of annual report.
16. Limits on class sizes in key stage 1.
Part V
Pre-school education
Chapter I
Provision of pre-school education
17. Plans for pre-school education.
18. Grants in respect of pre-school education.
19. Inspection of pre-school education.
20. Nursery schools to he eligible for grant maintained integrated and controlled integrated status.
21. Information as to funded pre-school education provided otherwise than in a grant-aided school.
Chapter II
Admission to pre-school education at grant-aided schools
Introductory
22. Application and interpretation of this Chapter.
23. Arrangements for admission to pre-school education at grant-aided schools.
Admission to full-time pre-school education
24. Duties of Board of Governors in relation to admission to full-time pre-school education.
25. Determination of full-time enrolment number for a school.
26. Admission decisions in relation to full-time pre-school education.
27. Appeals against certain admission decisions under Article 26.
Admission to part-time pre-school education
28. Duties of Board of Governors in relation to admission to part-time pre-school education.
29. Determination of part-time enrolment number for a school.
30. Admission decisions in relation to part-time pre-school education.
31. Appeals against certain admission decisions under Article 30.
General
32. Admission criteria.
33. Information as to schools and admission arrangements.
Part VI
Teachers
Chapter I
The General Teaching Council for Northern Ireland
34. The General Teaching Council for Northern Ireland.
35. Registration of teachers.
36. Regulations as to registration.
37. Advisory functions of the Council.
38. Additional and ancillary functions.
39. Deduction of fees from salary of teachers.
40. Supply of information relating to teachers.
41. Interpretation of this Chapter.
Chapter II
Employment of teachers
42. Eligibility for employment as principal of grant-aided school.
43. Appointment of teachers.
Part VII
Financing of schools
Chapter I
Financing of schools by boards
Schemes for financing schools
44. Schemes for financing schools - introductory.
45. Schools required to be covered by a scheme.
46. Duty of board to have scheme for financing schools.
47. Preparation and imposition of schemes.
48. Replacement and variation of schemes.
Provision by a scheme for determination of budget shares
49. Calculation of board's aggregated budget.
50. Application of the allocation formula.
51. Premature retirement compensation costs.
Financial delegation in respect of controlled and maintained
schools
52. Provision by a scheme for financial delegation.
53. Conditions as to delegation.
54. Effect of financial delegation.
55. Suspension of financial delegation for mismanagement, etc.
56. Review of suspension.
57. Appeal against suspension or refusal to revoke it.
58. Financial delegation: staff.
Financing by boards of special schools
59. Application of schemes to special schools.
60. Duty on board to make a sum of money available to Board of Governors of special school not covered by a scheme.
Financing by boards of voluntary grammar and grant-maintained
integrated schools
61. Maintenance and other grants to voluntary grammar schools.
62. Withdrawal of maintenance grants from voluntary grammar school.
63. Maintenance and other grants to grant-maintained integrated schools.
64. Withdrawal of maintenance grants from grant-maintained integrated school.
Information
65. Publication of schemes.
66. Publication of financial statements.
67. Financial statements in respect of special schools not covered by statements under Article 66.
Chapter II
Financing of schools by Department
68. Building and equipment grants for voluntary schools.
69. Capital and special purpose grants for grant-maintained integrated schools.
Chapter III
Miscellaneous financial provisions relating to schools
70. Duties of boards in relation to maintained schools.
71. Payment of salaries, etc of teachers.
72. Charges for educational facilities and services.
Part VIII
The Northern Ireland Council for the Curriculum,
Examinations and Assessment
73. The Northern Ireland Council for the Curriculum, Examinations and Assessment.
74. Duty of the Council to conduct examinations and assessments.
75. Functions of the Council in relation to accreditation and approval of certain external qualifications.
76. Other functions of the Council in relation to the curriculum, examinations and assessment.
77. Consultation by the Council.
78. Ancillary functions of the Council.
79. Discharge by the Council of its functions.
80. Work programmes.
Part IX
Miscellaneous and supplementary
Miscellaneous
81. Approval of courses leading to external qualifications.
82. Work experience for school children.
83. Provision of secondary education for pupils in key stage 4 by institutions of further education.
84. Recovery of wasted examination fees.
85. Statement of special educational needs.
86. Exceptional provision of education.
87. Pupil referral units.
88. Power of boards to enter contracts for provision of assets or services.
89. Irish-medium education.
Supplementary
90. Regulations and orders.
91. Amendments, repeals and savings.
SCHEDULES:
Schedule 1--The General Teaching Council for Northern Ireland.
Schedule 2--Provisions relating to the staff of controlled and maintained schools with delegated budgets.
Schedule 3--The Northern Ireland Council for the Curriculum, Examinations and Assessment.
Schedule 4--Certified contracts of a board.
Schedule 5--Amendments.
Part I--Amendments coming into operation one month after making of Order.
Part II--Amendments coming into operation on a day appointed under Article 1(3).
Schedule 6--Repeals.
Part I--Repeals coming into operation one month after making of Order.
Part II--Repeals coming into operation on a day appointed under Article 1(3).
At the Court at Buckingham Palace, the 21 st day of July 1998
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 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 (Northern Ireland) Order 1998.
(2) Except as provided by paragraph (3), this Order comes into operation on the expiration of one month from the day on which it is made.
(3) The following provisions come into operation on such day or days as the Department may by order appoint, namely--
(a) Chapter I of Part III;(b) Articles 13 and 16;(c) Chapter I of Part VI;(d) Part VII;(e) Article 81(2), (3) and (6);(f) Article 88(3) and Schedule 4;(g) Part II of Schedule 5 and so much of Article 91(1) as relates thereto;(h) Part II of Schedule 6 and so much of Article 91(2) as relates thereto.(4) An order under paragraph (3) may make such transitional provisions as appear to the Department to be necessary or expedient in connection with the provisions brought into operation by the order.
Interpretation
1954 c. 33 (N.I.). |
2.--(1) The Interpretation Act (Northern Ireland) 1954 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-- |
|
1986 NI 3. |
"the 1986 Order" means the Education and Libraries (Northern Ireland) Order 1986; |
1989 NI 20. |
"the 1989 Order" means the Education Reform (Northern Ireland) Order 1989. |
(3) This Order shall be construed as one with the 1986 Order and the 1989 Order; and accordingly Article 2 of the 1986 Order, in so far as it relates to the interpretation 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
Discipline
Responsibility of Board of Governors and principal for discipline
3.--(1) The scheme of management for every grant-aided school shall provide for it to be the duty of the Board of Governors to ensure that policies designed to promote good behaviour and discipline on the part of its pupils are pursued at the school.
(2) In particular the scheme of management shall require the Board of Governors--
(a) to make, and from time to time review, a written statement of general principles to which the principal is to have regard in determining any measures under paragraph (3)(a);(b) before making or revising that statement--(i) to consult (in such manner as appears to it to be appropriate) the principal and the parents of registered pupils at the school; and(ii) to consider any guidance given by the Department, the board for the area in which the school is situated and (in the...To continue reading
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