Education (Northern Ireland) Order 1998

PART IXMISCELLANEOUS AND SUPPLEMENTARY

Miscellaneous

Approval of courses leading to external qualifications

81.—(1) No course of study leading to an external qualification shall be provided for pupils of compulsory school age by or on behalf of a grant-aided school unless the qualification is for the time being approved by the Department.

(2) No course of study leading to an external qualification shall be provided for pupils who have attained the upper limit of compulsory school age by or on behalf of a grant-aided school unless the qualification is for the time being approved by the Department.

(3) No course of study leading to an external qualification shall be provided for persons under the age of 19 who are in full time attendance at an institution of further education by or on behalf of the institution unless the qualification is for the time being approved by the Department.

(4) An approval under this Article may be given generally or in relation to particular cases.

(5) In relation to any grant-aided school, it shall be the duty of the Board of Governors to exercise its functions with a view to securing and the duty of the principal to secure that paragraphs (1) and (2) are not contravened.

(6) In relation to any institution of further education, it shall be the duty of the governing body to exercise its functions with a view to securing and the duty of the principal to secure that paragraph (3) is not contravened.

(7) In this Article—

“external qualification” means any academic or vocational qualification authenticated or awarded by an outside person;

“outside person” means—

Work experience for school children

82.—(1) Article 63 of the 1986 Order (employment of children for purposes of work experience) shall be amended as follows.

(2) In paragraph (2) for the words from “but may be so employed” to the end there shall be substituted the words

• “but may be so employed only—

  (a)

  in the school year in which he ceases to be of compulsory school age; and

  (b)

  in the school year immediately preceding that year.”.

(3) In paragraph (3) the definition of “summer term” shall be omitted and before the definition of “work experience” there shall be inserted—

““school year” means a year ending on 31st July;”.

Provision of secondary education for pupils in key stage 4 by institutions of further education

83.—(1) In Article 14(1) of the [1997 NI 15.] Further Education (Northern Ireland) Order 1997 (principal powers of governing body of institution of further education) after sub-paragraph (a) there shall be inserted—

“(aa)to provide or secure the provision of secondary education for pupils in key stage 4—

(i)on behalf of the Board of Governors of a grant-aided school at which the pupils are registered; and

(ii)in pursuance of arrangements made with the board for the area in which that school is situated.”.

(2) A board may arrange for secondary education to be provided by an institution of further education on behalf of the Board of Governors of a grant-aided school in its area to meet the needs of any registered pupils at the school who are in key stage 4.

(3) Before making any arrangements under paragraph (2) in relation to a registered pupil at a Catholic maintained school, a board shall consult the Council for Catholic Maintained Schools.

Recovery of wasted examination fees

84.—(1) Chapter II of Part VIII of the 1989 Order (charges in grant-aided schools) shall be amended as follows.

(2) After Article 136 there shall be inserted the following Article—

“Recovery of wasted examination fees

136A.—(1) Notwithstanding Article 128(5) or Article 133(3), where—

(a)the Board of Governors of a grant-aided school has paid or is liable to pay a fee in respect of the entry of a registered pupil at the school for a public examination in any syllabus for that examination; and

(b)the pupil fails without good reason to meet any examination requirement for that syllabus, the Board of Governors may recover the amount of the fee from the pupil’s parent.

(2) It shall be for the Board of Governors which has paid or is liable to pay the fee in question to determine for the purposes of this Article any question whether a pupil who has failed to meet an examination requirement had good reason for the failure.”.

(3) In Article 137(6) after “135” there shall be inserted “or 136A”.

Statement of special educational needs

85.  In Schedule 2 to the [1996 NI 1.] Education (Northern Ireland) Order 1996 in paragraph 6 (statement of special educational needs to be accompanied by certain information) for sub-paragraph (b) there shall be substituted—

“(b)of the name of an officer of the board from whom further information may be obtained.”.

Exceptional provision of education

86.—(1) Each board shall make arrangements for the provision of suitable education at school or otherwise than at school for those children of compulsory school age who by reason of illness, expulsion or suspension from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.

(2) A board may make arrangements for the provision of suitable education otherwise than at school for those children over compulsory school age who—

(a)have not attained the age of 19; and

(b)by reason of illness, expulsion or suspension from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.

(3) In determining what arrangements to make under this Article in the case of any child a board shall have regard to any guidance given from time to time by the Department.

(4) In this Article—

“child” has the same meaning as in Part II of the [1996 NI 1.] Education (Northern Ireland) Order 1996;

“suitable education”, in relation to a child, means efficient education suitable to his age, ability and aptitude and to any special educational needs he may have.

Pupil referral units

87.—(1) In the Education Orders “pupil referral unit” means a controlled or maintained school (other than a special school or a school established in a hospital) which—

(a)is specially organised to provide education for children to whom Article 86(1) applies; and

(b)is approved by the Department as a pupil referral unit.

(2) The Department may by regulations subject to affirmative resolution—

(a)provide for any statutory provision relating to grant-aided schools (or to a class or description of grant-aided schools)—

(i)not to apply in relation to pupil referral units; or

(ii)to apply in relation to such units with such modifications as may be prescribed; and

(b)make such other provision in relation to pupil referral units or pupils attending such units as it thinks necessary or appropriate.

(3) A board may, in the case of any child registered at a grant-aided school in its area, give a direction that, for such period as may be specified in the direction, suitable education shall be provided for the child at a pupil referral unit so specified.

(4) A board may at any time amend or revoke a direction under paragraph (3).

(5) Where a pupil referral unit is specified in a direction for the time being in force under paragraph (3), it shall be the duty of the managers of the unit to comply with the direction.

(6) Before giving, amending or revoking any direction under paragraph (3), a board shall consult—

(a)the parent of the child;

(b)the managers of the pupil referral unit specified (or to be specified) in the direction;

(c)if that unit is in the area of another board, the board for that area; and

(d)if that unit is a Catholic maintained school, the Council for Catholic Maintained Schools.

(7) In this Article “child” and “suitable education” have the same meanings as in Article 86.

Power of boards to enter contracts for provision of assets or services

88.—(1) Every statutory provision conferring or imposing a function on a board confers power on the board to enter into a contract with another person for the provision or making available of assets or services, or both, for the purposes of, or in connection with, the discharge of the function by the board.

(2) Where—

(a)a board enters into a contract such as is mentioned in paragraph (1) (“the provision contract”) under any statutory provision; and

(b)in connection with the provision contract, a person (“the financier”) makes a loan to, or provides any other form of finance for, a party to the provision contract other than the board,

the statutory provision also confers power on the board to enter into a contract with the financier, or any insurer of or trustee for the financier, in connection with the provision contract.

(3) Schedule 4 (which contains provision for the certification of contracts entered into by a board and the effect of such certification) shall have effect.

(4) This Article and Schedule 4 apply to any contract which a board enters into after 12th June 1997.

Irish-medium education

89.—(1) It shall be the duty of the Department to encourage and facilitate the development of Irish-medium education.

(2) The Department may, subject to such conditions as it thinks fit, pay grants to any body appearing to the Deparmtent to have as an objective the encouragement or promotion of Irish-medium education.

(3) The approval of the Department to a proposal under article 14 of the 1986 Order to establish a new Irish speaking voluntary school may be granted upon such terms and conditions as the Department may determine.

(4) In this article “Irish-medium education” means education provided in an Irish speaking school.

(5) Article 35(2) of the 1989 Order applies for the purposes of this Article as it applies for the purposes of Part III of that Order.

Supplementary

Regulations and orders

90.—(1) Subject to paragraph (2), regulations and orders made by the Department under this Order shall be subject to negative resolution.

(2) Paragraph (1) does not apply to—

(a)orders under Article 1(3) (commencement orders);

(b)orders under Article 44(6) (orders subject to affirmative resolution);

(c)regulations under Article 87(2) or paragraph 2(7) of Schedule 4 (regulations subject to affirmative resolution).

(3) Regulations and orders made by the Department under this Order may contain such incidental, supplementary and transitional provisions as appear to the Department to be appropriate.

Amendments, repeals and savings

91.—(1) The statutory provisions set out in Schedule 5 shall have effect subject to the amendments specified in that Schedule.

(2) The statutory provisions set out in Schedule 6 are hereby repealed to the extent specified in the third column of that Schedule.

(3) The repeal of the statutory provisions set out in Part II of Schedule 6 does not affect their operation in relation to any financial year ending before the day on which the repeal of those provisions comes into operation.