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The Education (Northern Ireland) Order 1996
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The Education (Northern Ireland) Order 1996, Section 40 is up to date with all changes known to be in force on or before 25 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 1 para. 3(1)(b)(i)(ii) and preceding word inserted by 2016 c. 8 (N.I.) Sch. para. 14(2)
- Sch. 1 para. 4(1)(a)(b) and preceding word inserted by 2016 c. 8 (N.I.) Sch. para. 14(4)
- Sch. 2 para. 2(1)(a)(b) and preceding word inserted by 2016 c. 8 (N.I.) Sch. para. 15(2)
- Sch. 2 para. 9(1)(a)(b) and preceding word substituted by 2016 c. 8 (N.I.) Sch. para. 15(12)
- Sch. 2 para. 13(2)(a)(i)(ii) and preceding word substituted by 2016 c. 8 (N.I.) Sch. para. 15(20)
- Sch. 2 para. 11(1)(a)(aa) substituted for Sch. 2 para. 11(1)(a) by 2016 c. 8 (N.I.) Sch. para. 15(14)
- art. 5A inserted by 2016 c. 8 (N.I.) s. 1
- art. 6A inserted by 2016 c. 8 (N.I.) s. 2
- art. 8(1)(d)-(f) inserted by 2016 c. 8 (N.I.) s. 3(2)(c)
- art. 8(1A)-(1C) inserted by 2016 c. 8 (N.I.) s. 3(3)
- art. 8(2A) inserted by 2016 c. 8 (N.I.) s. 3(4)
- art. 8ZA inserted by 2016 c. 8 (N.I.) s. 3(5)
- art. 10(3)(a)(b) substituted for words by 2016 c. 8 (N.I.) Sch. para. 4
- art. 12A inserted by 2016 c. 8 (N.I.) s. 4
- art. 14(4A)(4B) inserted by 2016 c. 8 (N.I.) s. 5(3)
- art. 15(4)(a)(b) and preceding word inserted by 2016 c. 8 (N.I.) Sch. para. 5(4)
- art. 15(6)(a)(b) and preceding word inserted by 2016 c. 8 (N.I.) Sch. para. 5(5)
- art. 17(1)(a)(b) and preceding word substituted for words by 2016 c. 8 (N.I.) Sch. para. 7(2)
- art. 18A(4)(ba) inserted by 2016 c. 8 (N.I.) s. 9(4)(b)
- art. 19(1A)-(1C) inserted by 2016 c. 8 (N.I.) s. 8(3)(a)
- art. 19(2)(ba) inserted by 2016 c. 8 (N.I.) s. 8(3)(b)(ii)
- art. 20A(7)(a)(b) and preceding word inserted by 2016 c. 8 (N.I.) Sch. para. 11(4)
- art. 20A(8)(a)(i)(ii) and preceding word substituted for words by 2016 c. 8 (N.I.) Sch. para. 11(5)
- art. 21(5)-(10) added by 2016 c. 8 (N.I.) s. 9(2)
- art. 21A(4)-(7) inserted by 2016 c. 8 (N.I.) Sch. para. 12(4)
- art. 21B(3A)-(4) substituted for art. 21B(4) by 2016 c. 8 (N.I.) s. 10(2)
- art. 21C inserted by 2016 c. 8 (N.I.) s. 10(4)
- art. 21ZA inserted by 2016 c. 8 (N.I.) s. 9(3)
Incorporation of Boards of GovernorsN.I.
40.—(1) A Board of Governors constituted in pursuance of Part III of the 1986 Order on or after the appointed day shall be constituted as a body corporate.
(2) A Board of Governors so constituted before that day which is not constituted as a body corporate shall, as constituted on that day, become on that day a body corporate.
(3) On the incorporation of a Board of Governors by virtue of paragraph (2), any property, rights or liabilities attributable to the Board of Governors immediately before incorporation shall be transferred to, and by virtue of this Article vest in, the body corporate.
(4) For the purposes of paragraph (3), property, rights or liabilities are attributable to a Board of Governors if—
(a)in the case of any property, it was held by or on behalf of any persons as members or former members of the Board of Governors, and
(b)in the case of rights or liabilities, they were acquired or incurred by or on behalf of any such persons,
and are so held or, as the case may be, they subsist immediately before the incorporation of the Board of Governors.
(5) Subject to any provision made by or under the Education Orders, section 19 of the [1954 c. 33 (N.I.)] Interpretation Act (Northern Ireland) 1954 shall apply to a Board of Governors incorporated by virtue of this Article.
(6) A Board of Governors incorporated by virtue of this Article shall be known as “The Board of Governors of” with the addition of—
(a)in a case where two or more schools are grouped under the management of a Board of Governors, the names of each of those schools in alphabetical order; and
(b)in any other case, the name of the school under its management.
(7) The application of the seal of any such Board of Governors must be authenticated by the signature—
(a)of the chairman of the Board of Governors, or
(b)of some other member authorised either generally or specially by the Board of Governors to act for that purpose,
together with the signature of any other member.
(8) Schedule 4 (which supplements the provisions of this Article) shall have effect.
(9) In this Article and Schedule 4 “appointed day” means the day appointed under Article 1(3) for the coming into operation of this Article.
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