United Kingdom Statutory Instruments

(a) Part II (together with Schedule 1);

(b) Part II of Schedule 3 and Article 40(2) so far as relating thereto.

    (4) An order under paragraph (3) may make such transitional and saving provisions as appear to the Department to be necessary or expedient.

    (5) The following provisions of this Order do not apply in relation to, or affect the operation of any other statutory provision in relation to, a financial year ending on or before 31st March 2003 - 

(a) Articles 10, 12 and 38; and

(b) in Part I of Schedule 3, the repeal of - 


(i) Articles 113, 114 and 119 of the 1986 Order; and

(ii) Article 29 of the Education and Libraries (Northern Ireland) Order 1993 Order (NI 12).

(a) shall be prepared and adopted, and

(b) may be varied or replaced,

by the Department in accordance with the following provisions of this Article.

    (4) The Department shall prepare a draft scheme after consultation with - 

(a) the boards;

(b) the Council for Catholic Maintained Schools; and

(c) such other bodies and persons as it thinks fit.

    (5) The Department shall send a copy of the draft scheme to - 

(a) each board;

(b) the Council for Catholic Maintained Schools; and

(c) each body or person consulted by it under paragraph (4)(c).

    (6) Each board shall, in such manner as the Department may direct - 

(a) consult the Board of Governors of every relevant controlled and maintained school in its area about the draft scheme; and

(b) inform the Department of the outcome of those consultations.

    (7) The Department shall consult the Board of Governors of every voluntary grammar school and grant maintained integrated school about the draft scheme.

    (8) The Department shall consider  - 

(a) any views submitted to it by a body or person mentioned in paragraph (5); and

(b) the outcome of the consultations mentioned in paragraph (6) and (7),

and shall then - 

(i) adopt the scheme (either in the form of the draft or with such modifications as the Department thinks appropriate); and

(ii) publish the scheme.

    (9) Subject to the paragraph (10), the scheme may be varied or replaced by a subsequent scheme made under this Article.

    (10) If in the opinion of the Department a subsequent scheme prepared by it does not make any significant change to the previous scheme, paragraphs (5) to (8) do not apply in relation to that scheme and the Department may adopt and publish the scheme.

    (11) It shall be the duty of every board to give effect to the common funding scheme for the time being adopted under this Article.

    (12) On such day as the Department may by order appoint the following provisions of this Article shall cease to have effect - 

(a) in paragraph (6), the words "controlled and maintained"; and

(b) paragraph (7).

(a) be in such form as that department may approve; and

(b) contain such other information in connection with the exercise, or proposed exercise, by the board of relevant functions as that department may direct.

    (3) A funding department may approve a plan submitted to it under paragraph (1) with or without modifications.

    (4) A board may, with the approval of a funding department, at any time submit a revised resource allocation plan to that department, and that department may approve the revised plan with or without modifications.

    (5) Resources shall not be used by a board otherwise than in accordance with a plan (or revised plan) approved under this Article.

    (6) For the purposes of this Order and the Education Orders "the funding departments" are - 

(a) the Department;

(b) the Department of Culture Arts and Leisure; and

(c) the Department for Employment and Learning.

    (7) For the purposes of this Article "relevant functions" means - 

(a) in relation to a plan submitted to the Department of Culture, Arts and Leisure, functions of the board under - 


(i) Article 37 of the 1986 Order, so far as relating to cultural and recreational activities; and

(ii) Part VII of the 1986 Order;



(b) in relation to a plan submitted to the Department for Employment and Learning, functions of the board under - 



(i) Article 50 of the 1986 Order;

(ii) Article 52 or 60 of that Order, so far as relating to pupils attending institutions of further education; and

(iii) the Further Education (Northern Ireland) Order 1997 (NI 15);



(c) in relation to a plan submitted to the Department, all other functions of the board.

(a) provide for a matter to cease to be a non-commercial matter for specified purposes or to a specified extent;

(b) apply in relation to specified boards, functions or contracts;

(c) amend a statutory provision;

(d) include supplementary, incidental, consequential and transitional provisions

    (3) In exercising a function regulated by Article 20 of the Education and Libraries (Northern Ireland) Order 1993 (NI 12) with reference to a matter which is the subject of an order under this Article a board shall have regard to any guidance issued by the Department.

    (4) Before the Department - 

(a) makes an order under this Article; or

(b) issues any guidance under paragraph (3),

(a) on the premises of the school; or

(b) in the lawful control or charge of a member of the staff of the school.

(a) in prescribed circumstances; or

(b) in such circumstances as may be determined by the Minister of Education in accordance with the regulations.

    (2) Regulations under paragraph (1) - 

(a) shall provide for the formation of a new Board of Governors for the relevant school;

(b) may provide for the exercise by a prescribed person or body of prescribed functions of the Board of Governors of the relevant school during such period as may be prescribed; and

(c) may, for the purposes of any provision made by virtue of sub-paragraph (a) or (b), provide for any prescribed provisions of the Education Orders to apply in relation to the relevant school with such modifications as may be prescribed.

    (3) Regulations under paragraph (1) shall require the Department before exercising any power of removal conferred by the regulations - 

(a) to consult such bodies and persons as may be prescribed;

(b) to give to the Board of Governors of the relevant school such notice as may be prescribed of its intention to exercise the power of removal;

(c) to afford the Board of Governors an opportunity to make representations to the Department concerning the matter; and

(d) to consider any representations so made.

    (4) The Department may by regulations provide for the removal from office by a relevant authority of any member of the Board of Governors of a grant-aided school appointed by it - 

(a) in prescribed circumstances; or

(b) in such circumstances as may be determined by the Minister of Education in accordance with the regulations.

    (5) Regulations under paragraph (4) - 

(a) shall provide for the appointment of a person to hold office in place of the member removed for the remainder of his term of office; and

(b) may for that purpose provide for any prescribed provisions of the Education Orders to apply in relation to that appointment with such modifications as may be prescribed.

    (6) Regulations under paragraph (4) shall require the relevant authority before exercising any power of removal conferred by the regulations - 

(a) to consult such bodies and persons as may be prescribed;

(b) to give to such persons or bodies as may be prescribed such notice as may be prescribed of its intention to exercise the power of removal;

(c) to afford to such bodies or persons as may be prescribed an opportunity to make representations to the relevant authority concerning the matter; and

(d) to consider any representations so made.

    (7) This Article and any regulations under this Article have effect in relation to a grant-aided school notwithstanding any provision for the time being contained in - 

(a) the scheme of management of the school; or

(b) any other instrument of government of the school;

and any such scheme or instrument shall have effect accordingly.

    (8) In this Article, in relation to a Board of Governors - 

"co-opted members" means members co-opted under Article 122 or 139 of the 1989 Order;

"relevant authority" means a body by which, or person by whom, any member of the Board of Governors is appointed;

"voting members" has the same meaning as Article 122 of the 1989 Order.

    " (1A) Payments under paragraph (1) shall be made at such rates and on such conditions as may be - 


(a) determined by the board; and

(b) approved by the Department.".

    (3) In Article 80 of the 1986 Order (payments in respect of official visits to be at rates determined by the Department) for the words from the beginning to "travelling" there shall be substituted - 

    " (1) A board may - 


(a) defray any travelling".

    (4) At the end of that Article there shall be added - 

    " (2) Payments under paragraph (1)(a) shall be made at such rates and on such conditions as may be - 


(a) determined by the board, after consultation with the Staff Commission; and

(b) approved by the Department.".

    (5) In Article 92(2)(b) of the 1986 Order (payments in respect of attendance at conferences to be at such rates as the Department may determine) the words "at such rates as the Department may determine," shall be omitted.

    (6) At the end of that Article there shall be added - 

    " (3) Payments under paragraph (2)(b) shall be made at such rates and on such conditions as may be - 


(a) determined by the board, after consultation with the Staff Commission; and

(b) approved by the Department.".

    " (2) A board may arrange for secondary education to be provided by an institution of further education - 


(a) 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; or

(b) to meet the needs of any child over the age of 14 but under compulsory school age who is resident in its area and is not a registered pupil at any grant-aided school.".

    " (3) The amount of a grant to be paid under paragraph (1) to the Board of Governors of a voluntary grammar school in any financial year shall be the sum of - 


(a) an amount equal to the budget share of the school for that year; and

(b) such other amount determined by or in accordance with the common funding scheme as, in accordance with that scheme, falls to be paid by way of grant under paragraph (1).".

    (3) Omit paragraphs (4) to (7E).

    (4) At the end add - 

    " (9) This Article shall be construed as if it were contained in Part I of the Education and Libraries (Northern Ireland) Order 2003.".

     3.  - (1) Article 61 (financial statements for voluntary grammar schools) shall be amended as follows.

    (2) In paragraph (2) for the words from "the following particulars" to the end substitute "such particulars as the Department may determine with respect to the financial provision the Department plans to make in that year for voluntary grammar schools".

    (3) Omit paragraph (7).

     4. Omit Articles 62 and 63.

     5.  - (1) Article 77 (maintenance grants to grant-maintained integrated schools) shall be amended as follows.

    (2) For paragraph (2) substitute - 

    " (2) The amount of the maintenance grant to be paid under paragraph (1) to the Board of Governors of a grant-maintained integrated school in any financial year shall be the sum of - 


(a) an amount equal to the budget share of the school for that year; and

(b) such other amount determined by or in accordance with the common funding scheme as, in accordance with that scheme, falls to be paid by way of grant under paragraph (1).".

    (3) Omit paragraphs (3) to (7D) and (12).

    (4) At the end add - 

    " (14) This Article shall be construed as if it were contained in Part I of the Education and Libraries (Northern Ireland) Order 2003.".

     6.  - (1) Article 78 (financial statements for grant-maintained integrated schools) shall be amended as follows.

    (2) In paragraph (2) for the words from "the following particulars" to the end substitute "such particulars as the Department may determine with respect to the financial provision the Department plans to make in that year for grant-maintained integrated schools".

    (3) Omit paragraph (7).

    " (2) The amount of the maintenance grant payable in respect of a voluntary grammar school for a financial year shall be the sum of - 


(a) an amount equal to the budget share of the school for that year; and

(b) such other amount determined by or in accordance with the common funding scheme as, in accordance with that scheme, falls to be paid by way of maintenance grant.".

     11.  - (1) Article 63 (maintenance grants to grant maintained integrated schools) shall have effect as follows.

    (2) For paragraph (2) substitute - 

    " (2) The amount of the maintenance grant payable in respect of a grant-maintained integrated school for a financial year shall be the sum of - 


(a) an amount equal to the budget share of the school for that year; and

(b) such other amount determined by or in accordance with the common funding scheme as, in accordance with that scheme, falls to be paid by way of maintenance grant.".

     12. Omit Articles 65 and 66.

     13.  - (1) Article 67 (financial statements in respect of special schools) shall be amended as follows.

    (2) In the heading to the Article and in paragraph (1) for "Article 66" substitute "Article 7 of the 2003 Order".

     14. After Article 67 there shall be inserted - 

" Interpretation of this Chapter
     67A.  - (1) In this Chapter "the 2003 Order" means the Education and Libraries (Northern Ireland) Order 2003.

    (2) In this Chapter - 


(a) references to a school which has a delegated budget are references to a school managed by a Board of Governors to which a board has for the time being delegated the management of the school's budget share in pursuance of the common funding scheme;

(b) the Board of Governors of a school to which the board is required by the scheme to delegate the management of the school's budget share is said to have a right to a delegated budget.



    (3) In this Chapter - 



"the common funding scheme" means the common funding scheme under Article 3 of the 2003 Order;
"the board", in relation to a school, means the board for the area in which the school is situated.

    (4) References in this Chapter - 



(a) to a school's budget share are to be construed in accordance with Article 4(3) of the 2003 Order;

(b) to a relevant school are to be construed in accordance with Article 3(2) of that Order.



    (5) The Department may by order subject to affirmative resolution substitute for references in this Chapter to a financial year references to such other period as the Department may determine.

    (6) Directions and guidance given by the Department under this Chapter shall - 



(a) be in writing; and

(b) be published in such manner as the Department thinks fit.".

     15. In Article 72(7) for "Article 52(4)(b)" there shall be substituted "Article 67A(2)(a)".

" "the funding departments" has the meaning given in Article 10 of the Education and Libraries (Northern Ireland) Order 2003.".

     2. In Article 112(1) for the words from "expenses" to the end substitute "expenditure incurred or to be incurred by it in accordance with a resource allocation plan (or revised plan) approved under Article 10 of the Education and Libraries (Northern Ireland) Order 2003".

     3. In Schedule 15 in paragraph 3(1)(e) after "other functions" insert "as are conferred on it by any statutory provision or".

     4. In Schedule 15 for paragraphs 4 to 7 substitute - 

     " 4.  - (1) In respect of each financial year, the Staff Commission shall prepare and submit to the Department a resource allocation plan which sets out the estimated use of resources by the Commission in that year

    (2) The plan submitted to the Department under sub-paragraph (1) shall - 


(a) be in such form as the Department may approve; and

(b) contain such other information in connection with the exercise, or proposed exercise, by the Commission of its functions as the Department may direct.



    (3) The Department may approve a plan submitted to it under sub-paragraph (1) with or without modifications.

    (4) The Commission may, with the approval of the Department, at any time submit a revised resource allocation plan to the Department, and the Department may approve the revised plan with or without modifications.

    (5) Resources shall not be used by the Commission otherwise than in accordance with a plan (or revised plan) approved under this paragraph.

    (6) In this paragraph a reference to the use of resources is a reference to their expenditure, consumption or reduction in value.

     5. The Department may from time to time pay to the Staff Commission such amounts as the Department thinks necessary to enable the Commission to meet expenditure incurred, or to be incurred, by the Commission in accordance with a resource allocation plan (or revised plan) approved under paragraph 4.

     6.  - (1) The Staff Commission shall keep accounts in such form as the Department may direct.

    (2) The Commission shall prepare a statement of accounts in respect of each financial year in such form and containing such information as the Department, with the approval of the Department of Finance and Personnel, may direct.

    (3) The Commission shall send copies of the statement of accounts to the Department and the Comptroller and Auditor General for Northern Ireland by such date as the Department may direct.

    (4) The Comptroller and Auditor General shall - 



(a) examine, certify and report on the statement of accounts; and

(b) send a copy of his report to the Commission and to the Department.



    (5) The annual report of the Commission laid before the Assembly under paragraph 7 shall include - 



(a) the statement of accounts of the Commission for that year; and

(b) the report of the Comptroller and Auditor General thereon.



    (6) In the discharge of his functions under this paragraph, the Comptroller and Auditor General - 



(a) shall have right of access to the books, accounts and records of the Commission and of the Department; and

(b) may require from any member or officer (or former member or officer) of the Commission such information relating to the affairs of the Commission as he may consider necessary for the proper discharge of those functions.



     7.  - (1) The Staff Commission shall in respect of each financial year prepare a report on the exercise of its functions in that year.

    (2) A report shall - 



(a) be published; and

(b) be laid before the Assembly,



by the Commission by such date as the Department may direct.

    (3) Subject to paragraph 6(5), a report under this paragraph shall contain such information as the Department may direct.

     8. Articles 84 (car loans) and 86(1) (insurance against risks) apply to the Commission as they apply to a board.".

" (aa) to provide or secure the provision of secondary education in pursuance of arrangements made with a board under Article 83(2) of the Education (Northern Ireland) Order 1998 (registered pupils in key stage 4 or children over the age of 14 who are not registered pupils);".


The Education (Northern Ireland) Order 1998 (N1 13)

     8. In Article 4(2) for "Article 49A of the 1986 Order" substitute "Article 36 of the Education and Libraries (Northern Ireland) Order 2003".

     9. In Article 5(5) for "18" substitute "24".