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The Education (Northern Ireland) Order 1996
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The Education (Northern Ireland) Order 1996, Section 39 is up to date with all changes known to be in force on or before 14 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. 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)
Powers of trustees of voluntary schools in relation to proceeds of disposal of school premisesN.I.
39.—(1) This Article applies where, at any time after it comes into operation—
(a)any premises ( “the relevant premises”) of a voluntary school—
(i)cease to be used for approved purposes of the school; and
(ii)are disposed of by the trustees of the school; and
(b)no provision is made by any trust deed executed in relation to the relevant premises for the application of the residual proceeds of the disposal of those premises.
(2) Where this Article applies, any trust deed executed in relation to the relevant premises shall have effect as if it authorised the trustees of the school to apply any residual proceeds of the disposal of the relevant premises for general educational purposes.
(3) In the case of the trustees of a Catholic maintained school, the reference in paragraph (2) to general educational purposes shall be construed as a reference to general educational purposes in the Roman Catholic diocese in which the school is situated.
(4) In paragraph (2) “residual proceeds of the disposal of the relevant premises” means the amount of the proceeds of the disposal of the relevant premises less the amount of any liabilities or expenses of the trustees arising in respect of, or in connection with, the relevant premises or the disposal thereof, including in particular (but without prejudice to the generality of the foregoing)—
(a)the amount of any expenses of the trustees in respect of the disposal; and
(b)any amounts payable or repayable to the Department under[F1Article 68 of the Education (Northern Ireland) Order 1998] in consequence of the disposal of the relevant premises.
(5) This Article applies to a trust deed whether executed before or after the coming into operation of this Article.
F1Words in art. 39(4)(b) substituted (31.5.2009) by Education (Northern Ireland) Order 1998 (S.I. 1998/1759 (N.I. 13)), arts. 1(3)(g), 91(1), Sch. 5 Pt. II; S.R. 2009/183, art. 3(a)(d)
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