The Education and Libraries (Northern Ireland) Order 1986

PART IPRELIMINARY

1Title and commencement

2Interpretation

PART IIEDUCATION AND LIBRARY BOARDS AND COMMITTEES THEREOF

3Education and library boards

PART IIIPROVISION OF EDUCATION

The statutory system of education

5 Stages and purposes of statutory system of education

Powers and duties of boards in relation to primary and secondary education

6Duty of boards to secure provision of primary and secondary education

7Provision, maintenance and management of controlled schools by boards

8Duties of boards in relation to certain voluntary schools

9 Power of boards to assist voluntary grammar schools and direct grant voluntary intermediate schools

School management

9A Schemes of management

9BPreparation of schemes of management

9CApproval or imposition of scheme of management by Department

9DRevision of schemes of management

10Management of controlled schools

11Management of voluntary schools

12 Limitation on membership of Boards of Governors

13Miscellaneous provisions relating to Boards of Governors

Establishment, recognition and discontinuance of, and effecting of changes to, grant-aided schools

14Proposals as to primary and secondary education

15Establishment and recognition of grant-aided schools

16Discontinuance of grant-aided schools

17Transfer of voluntary schools

17A Regulations as to carrying on of grant‐aided schools

18 Standard of school premises

Arts. 19, 20 rep. by 1989 NI 20

Religious education in schools

21Religious education in controlled and voluntary schools other than nursery and special schools

22Duties of teachers in controlled schools as to collective worship and religious instruction

23Religious instruction not to be inspected, but complaints to be investigated, by Department

Arts. 24‐28 rep. by 1989 NI 20

Arts. 29‐34 rep. by 1996 NI 1

Art. 35 rep. by 1987 NI 2

Art. 36 rep. by 1996 NI 1

Recreational, social, physical, cultural and youth service activities

37Provision of facilities for recreational, social, physical, cultural and youth service activities

PART IVINDEPENDENT SCHOOLS

38Registration of independent schools

40Appeals against complaints

42Orders made under other enactments

43Removal of disqualifications

PART VRIGHTS AND DUTIES OF PARENTS AND PROVISIONS RELATING TO INDIVIDUAL PUPILS

44Pupils to be educated in accordance with wishes of their parents

45Duties of parents to secure full-time education for their children

46Compulsory school age

46ACommencement of secondary education

47Presumption as to age

48Registration of pupils at school

49 Suspension and expulsion of pupils

Art. 49A rep. by 2003 NI 12

Provisions to assist persons to take advantage of educational facilities

50Provision of awards by boards

51Provision of awards by Department

52 Provision of transport for, and payment of travelling expenses of, certain pupils

53Provision of board and lodging otherwise than at school

54Payment of whole or part of cost of board and lodging otherwise than at school for pupils aged 18 and over

Art. 55 rep. by 1997 NI 15

Art. 56 rep. by 1989 NI 20

57Provision of books and materials and payment of examination fees by boards

Provision of food and clothing

58Provision of milk, meals and related facilities

59Provisions supplementary to Article 58

60Provision of clothing etc. for pupils attending grant-aided schools or institutions of further education

Medical and dental inspection and medical examination

61Facilities for medical and dental inspection, etc.

62Power of Department as to medical examination

Employment of children and young persons

63Adaptation of enactments relating to the employment of children or young persons

64Power of boards to prohibit or restrict employment of children

PART VITEACHERS

65Employment of teachers by the Authority

66Training of teachers

67Control of numbers, qualifications, etc. of students

68Appointment of teachers

69 Salaries and other terms and conditions of employment of teachers

69APayment of salaries, etc. of teachers

70Regulations as to employment of teachers

71Interchange of teachers with teachers outside Northern Ireland

72Redundancy payments to teachers in certain voluntary schools and in grant‐maintained integrated schools

PART VIILIBRARY SERVICES

73Provision of library services by boards

74Development schemes

75Standards of library premises

76Contributions between boards in respect of library services

77Charges for library services

78Bye-laws in respect of use of library facilities

78A Interpretation of Part VII

PART VIIIADMINISTRATION AND FINANCE

79Payments to members of boards, etc.

80Payments in respect of official visits, etc.

81Members of a board not to be employed as paid officers of the board

82The Staff Commission

83Officers of boards

84Loans to officers for purchase of motor cars and motor cycles

85Prohibition of acceptance of unauthorised fee or reward and duty to disclose pecuniary interest

86Insurance against risks by boards

87Protection for officers acting in execution of duty

88Appointment of non-teaching staff for controlled and maintained schools

88ARegulations as to employment of certain non‐teaching staff

89Provision of residences by boards

90Teachers' residences provided etc. by statutory loan prior to 1st February 1922

Art. 91 rep. by 1989 NI 20

91AUse of spare capacity of computers of board

92Power of boards as to research and conferences

93Contributions to certain bodies

94Making of bye-laws by boards

95Admission of public to, and facilities for newspaper representatives at, meetings of boards

96Notice and information to be given as to meetings of boards

97Certain publications to be privileged

98Inspection of minutes of proceedings of boards

99Determination of disputes between boards

100Determination of disputes

101Power of Department to give directions

102 Inspection of educational and other establishments by Department

102ALay persons

Art. 103 rep. by 2003 NI 12

Art. 104 rep. by 1987 NI 2

105Acquisition by Department of land

106Functions of boards in relation to land

107Transfer to board of certain assets of Department

Art. 108 rep. by 2005 c. 12

109Power of Head of the Department to appoint advisory bodies or committees

110Conduct of examinations by Department

111Power of boards to accept gifts

112Borrowing powers of boards

Art. 113 rep. by 2003 NI 12

Art. 114 rep. by 2003 NI 12

115 Grants for educational or library services, etc.

116Building and equipment grants for voluntary schools

Arts. 117, 118 rep. by 1989 NI 20

Art. 119 rep. by 2003 NI 12

119A Recovery by Department of certain premature retirement compensation costs

Part IX (Arts. 120‐126) rep. by 1989 NI 20

PART XMISCELLANEOUS AND GENERAL

127Transfer of certain institutions to Department

128Use of land provided or maintained under this Order

129Publication of notices

130Service of notices on, and authentication of notices by, boards

131Evidence of documents

131A Exceptions for schools established in hospitals

133Transitional and saving provisions

Article 135—Repeals

SCHEDULE 1NAMES AND AREAS OF EDUCATION AND LIBRARY BOARDS

SCHEDULE 2EDUCATION AND LIBRARY BOARDS

PART ICONSTITUTION OF BOARDS

Appointment of members

1. . . . . . . . . . . . . . .

Members nominated by district councils

2. . . . . . . . . . . . . . .

3. . . . . . . . . . . . . . .

4. . . . . . . . . . . . . . .

Resignation and disqualification of members

5. . . . . . . . . . . . . . .

6. . . . . . . . . . . . . . .

Disclosure of pecuniary interest and relevant family relationships.

7. . . . . . . . . . . . . . .

Recovery of wrongful gains and remedies against member guilty of reprehensible conduct.

8. . . . . . . . . . . . . . .

PART IIPROCEEDINGS OF BOARDS

9. . . . . . . . . . . . . . .

10. . . . . . . . . . . . . . .

11. . . . . . . . . . . . . . .

12. . . . . . . . . . . . . . .

13. . . . . . . . . . . . . . .

SCHEDULE 3CONSTITUTION OF TEACHING APPOINTMENTS COMMITTEES AND LIBRARY COMMITTEES

PART ITEACHING APPOINTMENTS COMMITTEES

1. . . . . . . . . . . . . . .

2. . . . . . . . . . . . . . .

3. . . . . . . . . . . . . . .

4. . . . . . . . . . . . . . .

PART IILIBRARY COMMITTEES

5. . . . . . . . . . . . . . .

SCHEDULE 4MEMBERSHIP OF BOARD OF GOVERNORS OF CONTROLLED SCHOOLS

The Board of Governors of one or more than one controlled school shall consist of—

The Board of Governors of one or more than one controlled school shall consist of—

1The Board of Governors of one or more than one controlled school shall consist of—

Controlled primary schools (other than nursery or integrated schools)

2There shall be 9, 16 or 24 voting members appointed to the Board of Governors

Controlled secondary schools (other than controlled grammar or integrated schools or technical secondary schools)

3There shall be 9, 16 or 24 voting members appointed to the Board of Governors

Controlled grammar schools (other than controlled integrated grammar schools), controlled nursery schools (other than controlled integrated nursery schools) and special schools

4There shall be 8, 16 or 24 voting members appointed to the Board of Governors

Controlled integrated schools

5There shall be 14 or 21 voting members appointed to the Board of Governors of

Provisions supplementary to paragraphs 2 to 5

7In this Schedule—

SCHEDULE 5MAINTAINED SCHOOLS

PART IMEMBERSHIP OF BOARD OF GOVERNORS OF MAINTAINED SCHOOL

1The trustees of a maintained school shall, notwithstanding anything in any instrument of government of

2Where this paragraph applies in relation to the membership of the Board of Governors of

3Where this paragraph applies in relation to the membership of the Board of Governors of

4The coming into force, or termination, of any agreement under paragraph 1 and any consequential

Part II (Paras. 5,6) rep. by 1996

PART IIIINTERPRETATION

7In this Schedule—

SCHEDULE 6MEMBERSHIP OF BOARD OF GOVERNORS OF VOLUNTARY GRAMMAR SCHOOL ENTERING INTO AGREEMENT WITH DEPARTMENT

1The trustees of a voluntary grammar school shall, notwithstanding anything in any instrument of government

2The trustees of a voluntary grammar school in relation to which an agreement is in

3Where an agreement under paragraph 1(1)(a) is in force in relation to a school, paragraph

4Where this paragraph applies in relation to the membership of the Board of Governors of

5Where this paragraph applies in relation to the membership of the Board of Governors of

6The coming into force, or termination, of any agreement under paragraph 1(1) and any consequential

7In this Schedule “assistant teacher” has the meaning assigned to it by paragraph 7 of

SCHEDULE 7MEMBERSHIP OF BOARD OF GOVERNORS OF VOLUNTARY GRAMMAR SCHOOL NOT ENTERING INTO AGREEMENT WITH DEPARTMENT OR BOARD

1Nothwithstanding anything in any instrument of government of a voluntary grammar school

2The Board of Governors of the school shall consist of—

3In this Schedule “assistant teacher” has the meaning assigned to it by paragraph 7 of

Schedule 8 rep. by 1996 NI 1

SCHEDULE 9TRANSFER OF VOLUNTARY SCHOOLS TO DEPARTMENT

1An arrangement for transferring a school to the Department under Article 17 may, subject to

2An arrangement under this Schedule may provide for an absolute conveyance to the Department of

3An arrangement under this Schedule may also provide for the transfer to the Department of

4Where an arrangement is made under this Schedule, it shall be one of the terms

5Where any person has any right given him by the trusts of the school to

6The Department shall consider and have due regard to any objections and representations respecting a

7Where the trust instrument contains any provision for the alienation of the school by any

8Where a transfer of a school is made in pursuance of an arrangement under this

9Where an arrangement under this Schedule provides for the transfer of a teacher's residence to

Schedule 10 rep. by 1989 NI 20

Schedule 11 rep. by 1996 NI 1

Schedule 12 rep. by 1987 NI 2

SCHEDULE 13ENFORCEMENT OF DUTY IMPOSED BY ARTICLE 45 AS TO EDUCATION OF CHILDREN OF COMPULSORY SCHOOL AGE

PART ISCHOOL ATTENDANCE ORDERS

1If it appears to

1ASub-paragraphs (2) to (5) apply where

1BSub-paragraphs (2) and (3) apply where

2This paragraph applies where a school attendance order is in force in respect of a

PART IIDUTY OF PARENT OF REGISTERED PUPIL TO SECURE HIS REGULAR ATTENDANCE AT SCHOOL

3Subject to the following provisions of this paragraph, it shall be the duty of a

PART IIIOFFENCES, PENALTIES AND ENFORCEMENT

4Where a parent on whom a school attendance order has been served fails to comply

5Before instituting proceedings against a parent for an offence under paragraph 4(1)

6The court before which a prosecution is brought for an offence under paragraph 4 may

Para. 7 rep. by 1995

Para. 7 rep. by 1995

8For the purposes of a prosecution of the parent of a child for an offence

Para. 9 rep. by 1995

Para. 9 rep. by 1995

10Proceedings for an offence under this Schedule shall not be taken except by or on

Schedule 14 rep. by 1989 NI 20

SCHEDULE 15THE STAFF COMMISSION FOR EDUCATION AND LIBRARY BOARDS

1. . . . . . . . . . . . . . .

2. . . . . . . . . . . . . . .

3. . . . . . . . . . . . . . .

4. . . . . . . . . . . . . . .

5. . . . . . . . . . . . . . .

6. . . . . . . . . . . . . . .

7. . . . . . . . . . . . . . .

8. . . . . . . . . . . . . . .

SCHEDULE 16MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLES 105(4) AND 106(2)

PART IMODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 105(4)

1References to the Ministry concerned or to the council shall be construed as references to

2References to the said Schedule 6 shall be construed as references to that Schedule as

3Paragraph 1 shall be omitted.

4In paragraph 2—

5For paragraph 3(1)(ii) there shall be substituted

6In paragraph 4 the words from “and may provide” to the end of the paragraph

7In paragraph 5—

8In paragraph 6(2) for the words “fund out of which the expenses of the council

9In paragraph 11(3) the words “in the prescribed form” shall be omitted.

10In paragraph 12 in sub-paragraph (1) the words “such” and “as may be prescribed” shall

11In paragraph 14(1), the words “in the prescribed form” shall be omitted.

12In paragraph 15(1) for the words “in the prescribed form” there shall be substituted the

13Paragraph 19 shall be omitted.

14In paragraph 20, sub-paragraph (2) shall be omitted.

PART IIMODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 106(2)

1For any reference to a council or the council or the clerk of the council

2For any reference to the Ministry concerned there shall be substituted a reference to the

3For any reference to that Act there shall be substituted a reference to this Order.

4Any references to that Schedule shall be construed as references to that Schedule as modified

5For any reference to a matter prescribed by regulations made by the Department of the

6In paragraphs 2(c) and 5(2) for the words “as may be prescribed” there shall be

7Paragraph 19 shall be omitted.

Schedule 17 rep. by 1989 NI 20

Schedule 18—Amendments

SCHEDULE 19TRANSITIONAL PROVISIONS

1In so far as anything done or having effect as if done under or in

2Where any period of time specified in any provision repealed by this Order is current

School management

3This paragraph applies to a voluntary grammar school the trustees or governing body of which

4This paragraph applies to a voluntary grammar school, the trustees or governing body of which

Para. 5 rep. by 1996

Para. 5 rep. by 1996

Para. 5 rep. by 1996

Para. 6 rep. by 1993

Para. 6 rep. by 1993

Schedule 20—Repeals

1986 No. 594 (N.I. 3)

The Education and Libraries (Northern Ireland) Order 1986 F1

26th March 1986 C1

Annotations:

Amendments (Textual)

F1

functions transf. by SR 1999/481

Modifications etc. (not altering text)

C1

Order (S.I. 2006/1915 (N.I. 11) construed as one with this Order (27.7.2006) by virtue of Education (Northern Ireland) Order 2006 (S.I. 2006/1915 (N.I. 11)), arts. 1(3)(a), 2(3)