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The Education and Libraries (Northern Ireland) Order 1986
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The Education and Libraries (Northern Ireland) Order 1986, Section 17 is up to date with all changes known to be in force on or before 05 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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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- Sch. 18 repealed in part by S.I. 2003/435 (N.I.) art. 49(2) Sch. 2
- art.77(3) revoked by S.I. 1996/2967 reg.11(7)
Transfer of voluntary schoolsN.I.
17.—(1) Notwithstanding anything in any instrument of government of a voluntary school, the trustees of the school may, with the consent of the Department given after consultation with [F1the Authority] , transfer to the Department the school (which expression in this Article includes any land, equipment or teachers' residences held or used in connection with the school by the trustees or managers of the school) upon such terms as may be agreed by the trustees, the Department and [F2the Authority] and the provisions of Schedule 9 shall apply to any such transfer.
(2) The terms on which a school is transferred to the Department under paragraph (1) may contain a provision that in specified circumstances the school should be transferred back to the original transferors or transferred to such other persons as may be specified.
(3) A school transferred under paragraph (1) shall, on the date of the transfer, become a controlled school and the Department shall place it under the management of [F3the Authority] and may, subject to the terms on which the school was transferred to the Department, convey to [F4the Authority] any estate in land relating to the school and, whether or not it does so, may transfer to [F4the Authority] any equipment, furniture or other movable contents of the school transferred to it under paragraph (1).
(4) The trustees of a school transferred under paragraph (1) shall, from the date of the transfer, be absolutely freed and discharged from all responsibility in connection with the school whether under any deed of trust or otherwise.
(5) The existing staff of teachers in a school transferred under paragraph (1) shall from the date of transfer be placed as regards appointment, dismissal and remuneration on terms not less favourable than those applicable to them before the transfer and any question which may arise as to the fulfilment or observance of the provisions or requirements of this paragraph shall be referred to the Department whose decision thereon shall be final.
(6) Where a school is vested in the Department, it may place the school under the management of [F5the Authority] but shall not do so without the consent of the managers of the school and where it does so, the Department may convey to [F4the Authority] any estate in land relating to the school.
F6(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Words in art. 17(1) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 9(7) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F2Words in art. 17(1) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 9(8) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F3Words in art. 17(3) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 9(7) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F4Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 1(1)(a) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)
F5Words in art. 17(6) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 9(7) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F6Art. 17(7) repealed (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 4 (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
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