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Statutory Instruments 1998 No. 1759
The Education (Northern Ireland) Order 1998
- continued

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Publication of financial statements
     66.  - (1) This Article applies where a board's financial provision for relevant schools is subject to regulation by a scheme.

    (2) Before the beginning of each financial year the board shall prepare a statement of the financial provision it plans to make in that year for relevant schools.

    (3) The statement shall contain the following particulars in relation to the financial year in question - 

    (a) the amount of the general schools budget of the board for that year (as initially determined for the purposes of the scheme);

    (b) the amount of the board's aggregated budget for that year under the scheme (as so determined);

    (c) such particulars as the Department may direct of amounts deducted in respect of excepted heads or items of expenditure in arriving at the amount specified in the statement by virtue of sub-paragraph (b);

    (d) such particulars of the allocation formula under the scheme as the Department may direct;

    (e) in the case of each school required to be covered by the scheme in that year, the planned expenditure per pupil arising from the division of the school's budget share (as so determined) by the initial pupil number;

    (f) such further information with respect to the financial provision the board plans to make in that year for relevant schools as the Department may direct.

    (4) In paragraph (3)(e) "the initial pupil number" means, in relation to a financial year, the number of pupils at the school in question required under the scheme to be used in applying the allocation formula under the scheme for initial determination of the school's budget share for that year.

    (5) After the end of each financial year the board shall prepare a statement containing such information with respect to - 

    (a) expenditure actually incurred in that year for the purposes of all schools required to be covered by the scheme; and

    (b) expenditure so incurred which was incurred, or is treated by the board as having been incurred, for the purposes of each such school, as the Department may direct.

    (6) A statement under this Article shall be prepared in such form, and published in such manner and at such times, as the Department may direct.

    (7) The board shall furnish - 

    (a) the Board of Governors of each school required to be covered by the scheme in any financial year; and

    (b) if any of those schools is a Catholic maintained school, the Council for Catholic Maintained Schools, with a copy of each statement prepared by the board under this Article in relation to that year.

    (8) A Board of Governors shall secure that a copy of any statement furnished to it under this Article is available for inspection (at all reasonable times and free of charge) at the school.

Financial statements in respect of special schools not covered by statements under Article 66
    
67.  - (1) Before the beginning of each financial year a board shall prepare a statement of the financial provision initially planned by the board in respect of that financial year for any special schools under the management of, or maintained by, the board, other than special schools in respect of which, by virtue of any provision made by regulations under Article 59, any information is required to be included in a statement prepared by the board in respect of that year under Article 66.

    (2) A statement under paragraph (1) shall contain such information as the Department may direct.

    (3) After the end of each financial year in respect of which a board is required to prepare a statement under paragraph (1), the board shall prepare a statement containing such information with respect to - 

    (a) expenditure actually incurred in that year for the purposes of all schools required to be covered by the statement under paragraph (1); and

    (b) expenditure so incurred which was incurred, or is treated by the board as having been incurred, for the purposes of each such school, as the Department may direct.

    (4) A statement prepared under this Article shall be prepared in such form, and published in such manner and at such times, as the Department may direct.

    (5) The board shall furnish - 

    (a) the Board of Governors of any school required to be covered by a statement prepared under paragraph (1) in respect of any financial year; and

    (b) if any of those schools is a Catholic maintained school, the Council for Catholic Maintained Schools, with a copy of each statement prepared by the board under this Article in relation to that year.

    (6) A Board of Governors shall secure that a copy of any statement furnished to it under this Article is available for inspection (at all reasonable times and free of charge) at the school.



CHAPTER II

FINANCING OF SCHOOLS BY DEPARTMENT

Building and equipment grants for voluntary schools
    
68.  - (1) Subject to paragraph (2) and to regulations made with the approval of the Department of Finance and Personnel, the Department may pay to any person in respect of approved expenditure - 

    (a) incurred for the provision or alteration of the premises of a voluntary school, a sum equal to - 

      (i) that expenditure where, when that expenditure is approved, the school is - 

        (A) a maintained school in relation to which an agreement under paragraph 1 of Schedule 5 to the 1986 Order is in force; or

        (B) a voluntary grammar school in relation to which an agreement under paragraph 1(1)(a) of Schedule 6 to the 1986 Order is in force;

      (ii) eighty-five per cent. of that expenditure where, when that expenditure is approved, the school is - 

        (A) a maintained school not falling within head (i)(A); or

        (B) a voluntary grammar school in relation to which an agreement under paragraph 1(1)(b) of Schedule 6 to the 1986 Order is in force;

      (iii) sixty-five per cent. of that expenditure in any other case;

    (b) incurred for the provision of equipment provided in connection with the provision or alteration of the premises of a voluntary grammar school, a sum equal to - 

      (i) that expenditure where, when that expenditure is approved, an agreement under paragraph 1(1)(a) of Schedule 6 to the 1986 Order is in force in relation to the school;

      (ii) eighty-five per cent. of that expenditure where, when that expenditure is approved, an agreement under paragraph 1(1)(b) of Schedule 6 to the 1986 Order is in force in relation to the school;

      (iii) sixty-five per cent. of that expenditure in any other case;

    (2) No grant shall be paid under paragraph (1)(a)(iii) to a person in respect of expenditure incurred for the provision or alteration of any premises of a voluntary grammar school other than school meals premises.

    (3) In paragraph (2) "schools meals premises" means premises used, or to be used, wholly or mainly for the carrying out of arrangements approved under Article 58(5) or (6) of the 1986 Order.

    (4) Where a contract entered into for the provision or alteration of the premises of a school provides for payment by instalments, the date on which an instalment is paid under the contract may, for the purposes of this Article, be taken as the date on which expenditure of the amount of that instalment has been incurred.

    (5) For the purposes of this Article, any question as to the date on which any expenditure was incurred or approved shall be determined by the Department.

    (6) Regulations under paragraph (1) may make provision for - 

    (a) the repayment in such circumstances as are prescribed of the whole or part of any grant paid under this Article;

    (b) the reduction in such circumstances as are prescribed of the amount of grant which would otherwise be payable under this Article;

    (c) the payment to the Department by such person as may be prescribed of a sum where - 

      (i) any premises of a school in respect of which the Department has, at any time after 8th August 1978, paid a grant under paragraph (1)(a), cease to be used for approved purposes of a grant-aided school; or

      (ii) any site in respect of which the Department has, at any time after that date, paid a grant under paragraph (1)(a), ceases, in the opinion of the Department, to be required for the purposes of a grant-aided school.

    (7) Without prejudice to the generality of paragraph (6), regulations making any such provision as is mentioned in that paragraph may - 

    (a) provide for any repayment, reduction or payment under the regulations to be of such amount as the Department considers equitable;

    (b) provide for any such repayment, reduction or payment not to exceed such amount as may be determined under or in accordance with the regulations;

    (c) provide for any amount determined as mentioned in sub-paragraph

    (b) to include an amount in respect of interest calculated in such manner as may be prescribed; and

    (d) apply, subject to paragraph (6)(c), to grants made before the coming into operation of this Article under Article 116 of the 1986 Order.

Capital and special purpose grants for grant-maintained integrated schools
    
69.  - (1) Regulations may provide for the payment by the Department to the Board of Governors of a grant-maintained integrated school of grants (known as capital grants) in respect of approved expenditure of a capital nature, of any class or description specified in the regulations, incurred or to be incurred for the purposes of the school.

    (2) Regulations may provide for the payment by the Department to the Board of Governors of a grant-maintained integrated school of grants (known as special purpose grants) in respect of approved expenditure of a class or description specified in the regulations - 

    (a) which is incurred or to be incurred by the Board of Governors; and

    (b) which it appears to the Department the Board of Governors cannot reasonably be expected to meet from maintenance grant under Article 63.

    (3) The amount of any capital or special purpose grant shall be equal to 100 per cent. of the approved expenditure in respect of which it is given.

    (4) The descriptions of expenditure which are to be regarded for the purposes of this Article as expenditure of a capital nature shall be such as may be determined by or in accordance with regulations.

    (5) Capital and special purpose grants shall be made on such conditions (including conditions as to repayment) as the Department may determine.

    (6) The times at which, and the manner in which, payments are made in respect of capital or special purpose grants shall be such as the Department may determine.



CHAPTER III

MISCELLANEOUS FINANCIAL PROVISIONS RELATING TO SCHOOLS

Duties of boards in relation to maintained schools
    
70.  - (1) Subject to and in accordance with regulations, the board for the area in which a maintained school is situated shall be responsible for - 

    (a) the maintenance of the school premises;

    (b) providing and replacing equipment;

    (c) employing in accordance with Article 88 of the 1986 Order persons, other than teachers, required in or about the school;

    (d) meeting the teaching costs of the school; and

    (e) meeting the cost of doing all such other things as may be necessary for the carrying on of the school, other than the cost of providing or altering the premises of the school.

    (2) The responsibility of a board under paragraph (1) does not extend to - 

    (a) any part of the premises of a school used wholly or mainly for boarding purposes; or

    (b) meeting anycosts incurred in carrying on such part.

    (3) Paragraph (1) does not impose on a board responsibility for any matter which under an approved contract entered into by the trustees of a maintained school is the responsibility of the contractor.

    (4) The duty of a board under paragraph (1)(d) to meet the costs of a redundancy payment in respect of a teacher ceasing to be employed on the staff of a maintained school is a duty to pay to - 

    (a) the Council for Catholic Maintained Schools, where the teacher was employed on the staff of a Catholic maintained school; and

    (b) the Board of Governors of the school, in any other case, a sum equal to the amount of the redundancy payment.

    (5) A board shall be responsible for meeting the costs of the trustees of a maintained school situated in its area on foot of an approved contract, and accordingly shall make grants to those trustees of amounts equal to those costs.

    (6) Grants under paragraph (5) shall be made on such conditions (including conditions as to repayment) as the board may determine with the approval of the Department.

    (7) A board shall pay to the Council for Catholic Maintained Schools an amount equal to the expenditure incurred or to be incurred by that Council in insuring against any liability for personal injury suffered by a teacher employed on the staff of a Catholic maintained school situated in its area and arising out of and in the course of his employment by that Council.

    (8) Any question which may arise as to the responsibility of a board under this Article shall be referred to the Department whose decision thereon shall be final.

    (9) In this Article "the teaching costs", in relation to a maintained school, means the costs of - 

    (a) the salaries and allowances of teachers employed on the staff of the school;

    (b) secondary Class 1 contributions under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and employers' superannuation contributions in respect of such teachers;

    (c) payments to which paragraph 7(1)(a) of Schedule 2 applies;

    (d) redundancy payments under the Employment Rights (Northern Ireland) Order 1996 in respect of teachers ceasing to be employed on the staff of the school.

    (10) For the purposes of the Education Orders, a maintained school is maintained by a board if the board has the responsibilities mentioned in paragraph (1) in relation to the school.

Payment of salaries, etc of teachers
    
71.  - (1) Except where regulations otherwise provide, the Department shall, on behalf of a board, issue payment of - 

    (a) the salaries and allowances of - 

      (i) teachers employed by the board;

      (ii) teachers employed on the staff of a maintained school maintained by the board; and

    (b) the relevant contributions in respect of such teachers.

    (2) Except where regulations otherwise provide, the Department shall, on behalf of the Board of Governors of a grant-maintained integrated school, issue payment of - 

    (a) the salaries and allowances of teachers employed by that Board of Governors; and

    (b) the relevant contributions in respect of such teachers.

    (3) Regulations may provide for the Department, on behalf of the Board of Governors of a voluntary grammar school, to issue payment of - 

    (a) the salaries and allowances of teachers employed by that Board of Governors; and

    (b) the relevant contributions in respect of such teachers.

    (4) In this Article "relevant contributions" means - 

    (a) secondary Class 1 contributions under the Social Security Contributions and Benefits (Northern Ireland) Act 1992; and

    (b) employers' superannuation contributions.

Charges for educational facilities and services
    
72.  - (1) Notwithstanding anything in the instrument of government of the school - 

    (a) the Board of Governors of a controlled school which has a delegated budget;

    (b) the managers of a voluntary school; and

    (c) the Board of Governors of a grant-maintained integrated school, may make available educational facilities or services to any other school, institution, body or person and, subject to paragraphs (3) and (4), may make charges for any facilities or services made available under this paragraph.

    (2) A board may make available educational facilities or services in a controlled school which is under the management of the board and does not have a delegated budget, to any school, institution, body or person and, subject to paragraphs (3) and (4), may make charges for any facilities or services made available under this paragraph.

    (3) Charges under paragraphs (1) and (2) - 

    (a) shall not be made in such circumstances or for such educational facilities or services as may be prescribed;

    (b) shall not for any prescribed educational facility or service exceed such amount as may be prescribed, but shall otherwise be of such amounts and be made in respect of such educational facilities and services as the body making the charges may determine.

    (4) Nothing in paragraphs (1) to (3) applies to any charge which is prohibited or regulated by any provision of Chapter II of Part VIII of the 1989 Order.

    (5) The scheme of management for every controlled school shall provide - 

    (a) for the use of the school premises (other than so much as, in pursuance of an approved contract, is under the control of the contractor) to be under the control of the Board of Governors of the school at all times; and

    (b) for the Board of Governors to exercise control subject to any direction given to it by the board.

    (6) Paragraph (5)(a) does not apply, in the case of a controlled school which does not have a delegated budget, to the extent necessary for the exercise by the board of its powers under - 

    (a) paragraph (2); or

    (b) Article 32 of the Education and Libraries (Northern Ireland) Order 1993.

    (7) In this Article - 

         "educational facilities" means the equipment, premises or other property of a school;

         "educational services" includes services provided by teachers; and references to a school which has a delegated budget shall be construed in accordance with Article 52(4)(b).



PART VIII

THE NORTHERN IRELAND COUNCIL FOR THE CURRICULUM, EXAMINATIONS AND ASSESSMENT

The Northern Ireland Council for the Curriculum, Examinations and Assessment
    
73.  - (1) There shall continue to be a body known as the Northern Ireland Council for the Curriculum, Examinations and Assessment (referred to in this Part as "the Council").

    (2) Schedule 3 shall have effect in relation to the Council.

Duty of the Council to conduct examinations and assessments
    
74.  - (1) The Council shall, subject to the following provisions of this Article - 

    (a) conduct the relevant examinations;

    (b) conduct the relevant assessments, in accordance with such assessment arrangements as are specified under Article 7(1)(b) of the 1989 Order.

    (2) For the purposes of this Article the power of the Council to conduct the relevant examinations includes power - 

    (a) to enter into arrangements for the conduct by any other person or body of all or any part of any such examinations on such terms and conditions (including conditions as to payment) as the Council may determine;

    (b) to draw up and publish - 

      (i) rules and syllabuses;

      (ii) specimen papers; and

      (iii) such other material as it considers desirable, in connection with such examinations;

    (c) to moderate, or arrange for the moderation of, such examinations;

    (d) to award appropriate certificates in respect of such examinations.

    (3) For the purposes of this Article the power of the Council to conduct the relevant assessments includes power - 

    (a) with the approval of the Department, to enter into arrangements for the conduct by any other person or body of all or any part of such assessments on such terms and conditions (including conditions as to payment) as the Council may determine;

    (b) to draw up and publish - 

      (i) specimen papers; and

      (ii) such other material as it considers desirable, in connection with such assessments;

    (c) to moderate, or arrange for the moderation of, such assessments.

    (4) The Council may charge such fees in connection with relevant examinations as may be approved by the Department.

    (5) The Council shall make arrangements for the consideration by the Council of appeals against any decision or complaints against any action - 

    (a) taken by the Council under this Article; or

    (b) taken in accordance with arrangements entered into by the Council under paragraph (2)(a) or (3)(a).

    (6) In this Article - 

         "examination" includes any examination, test or assessment for an academic or vocational qualification;

         "relevant assessments" means assessments of pupils required by Article 6(3) of the 1989 Order;

         "relevant examinations" means such examinations as the Department, after consultation with the Council, may determine.

    (7) The Department shall notify the Council in writing of any determination made by it under paragraph (6).

 
  © Crown copyright 1998
Prepared 26 August 1998

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