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The Education (Northern Ireland) Order 1996, Section 33 is up to date with all changes known to be in force on or before 07 June 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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33. For Article 102 of the 1986 Order there shall be substituted the following Articles—
102.—(1) Every relevant establishment shall be open at all reasonable times to inspection under this Article.
(2) In this Article and Article 102A “relevant establishment” means—
(a)a school;
(b)a college of education;
(c)a grant-aided institution or establishment; or
(d)an institution or establishment which is established, maintained or managed by a board or the activities of which are organised by a board.
(3) Inspections under this Article shall be conducted by—
(a)inspectors appointed by the Department; or
(b)other officers of the Department.
(4) Inspectors conducting the inspection of an establishment under this Article may be accompanied and assisted in the inspection by a lay person assigned for the purposes of that inspection under Article 102A.
(5) It shall be the duty of inspectors to promote the highest standards of education and of professional practice among teachers in relevant establishments which provide education by—
(a)monitoring, inspecting and reporting on the standard of education being provided in those establishments and the standards of professional practice among teachers on the staff of such establishments;
(b)advising the Department on any aspect of the curriculum of any of those establishments which the Department may refer to them or on which they think advice is appropriate.
(6) It shall be the duty of inspectors to monitor, inspect and report on the nature, scope and effect of advisory and support services provided by boards under Article 29 of the 1989 Order in relation to the curricula and staff of grant-aided schools.
(7) The functions conferred by this Article on inspectors shall not be exercisable in relation to any provision for religious education included in the curriculum of a school under Article 5(1)(a) of the 1989 Order except with the agreement of the Board of Governors of the school.
(8) The Department may give directions under Article 101 for the purpose of remedying any matter referred to in a report under this Article.
102A.—(1) The Department may appoint a panel of persons to act as lay persons in inspections conducted under Article 102.
(2) A person shall not be appointed to the panel unless he is, in the opinion of the Department, without significant personal experience in the management of relevant establishments and the provision of education (otherwise than as a member of the managing body of such an establishment or in any other voluntary capacity).
(3) The Department may remove a person from the panel at any time.
(4) The Department may assign a member of the panel to be a lay person for the purposes of an inspection of any relevant establishment to be conducted under Article 102 but shall ensure that no person is so assigned if he has, or at any time had, any connection with—
(a)the establishment in question;
(b)any person who is employed at that establishment;
(c)any person who is a member of the managing body of that establishment;
(d)where the establishment is an independent school, the proprietor of the school,
of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to that establishment.
(5) The Department may, with the approval of the Department of Finance and Personnel, pay to members of the panel such allowances and expenses as the Department may determine.
(6) In this Article “managing body” means—
(a)in relation to a school, the Board of Governors;
(b)in relation to an institution of further education, the governing body;
(c)in relation to any other relevant establishment, the body responsible for its management.”.
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