NIA BILL 3/08 EDUCATION BILL

NOTICE OF AMENDMENTS TABLED ON
7 OCTOBER 2009 FOR
CONSIDERATION STAGE

Clause 2 , Page 1, Line 15

At end insert -

‘that contribute towards the spiritual, moral, cultural, social, intellectual and physical development of those for whom those services are provided;’

Minister of Education

Clause 2 , Page 2, Line 6

At end insert -

‘(4A) ESA shall ensure that its functions relating to grant-aided schools are (so far as capable of being so exercised) exercised with a view to encouraging and facilitating the development of education provided in an Irish speaking school.’

Minister of Education

Clause 3 , Page 2, Line 27

Leave out sub-paragraphs (i) and (ii) and insert -

‘(i) in the case of a controlled school, the Board of Governors of the school;

(ii) in the case of a voluntary or grant-maintained integrated school, the trustees of the school or (if the trustees so determine) the Board of Governors of the school; and’

Minister of Education

Clause 4 , Page 3, Line 19

At end insert -

‘(4) The Department may by regulations make provision as to the form and content of employment schemes.’

Minister of Education

Clause 6 , Page 4, Line 11

Leave out from ‘subsection’ to ‘cannot’ in line 13 and insert -

‘section 5(1)(b) does not comply with regulations under section 4(4) or does not accord with any guidance issued by ESA under section 5(3) and cannot (in either case)’

Minister of Education

Clause 11 , Page 6, Line 23

Leave out subsection (5) and (6) and insert -

‘(5) Notwithstanding any of the previous provisions of this Act, the budget share of a grant-aided school shall include an amount in respect of -

(a) the salaries and allowances of the staff of the school; and

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

(6) But -

(a) in the case of a voluntary grammar school, ESA may set off against the maintenance grant payable under Article 61(2)(a) of the 1998 Order any payments made by ESA itself in respect of the matters mentioned in paragraphs (a) and (b) of subsection (1);

(b) in the case of a grant-maintained integrated school, ESA may set off against the maintenance grant payable under Article 63(2)(a) of the 1998 Order any payments made by ESA itself in respect of the matters mentioned in paragraphs (a) and (b) of subsection (2).’

Minister of Education

Clause 11 , Page 6, Line 43

At end insert -

‘(c) “the appointed day” means the day appointed under section 54 for the coming into operation of section 3.’

Minister of Education

New Clause

After clause 16 insert -

‘ESA to contract for certain capital works

16A. -(1) ESA may enter into contracts for, or in connection with, the provision or alteration of the premises of a grant-aided school.

(2) Those contracts may include contracts with the trustees or Board of Governors of a voluntary or grant-maintained integrated school requiring specified payments to be made to ESA by the trustees or Board of Governors at specified times.

(3) ESA may under the powers conferred by subsection (1) enter into a contract (“an approved contract”) with another person (“the contractor”) -

(a) under which the contractor undertakes at his own cost -

(i) to provide or alter any premises of a grant-aided school; and
(ii) to maintain, or provide other services in relation to, those premises over the term of the contract, in consideration for the payment by ESA of sums of money in instalments over the term of the contract; and

(b) which has been approved by the Department for the purposes of this subsection.

(4) The inclusion in a contract of matters other than those mentioned in paragraph (a) of subsection (3) does not prevent the contract falling within that paragraph.

(5) In Article 2 of the 1986 Order for paragraphs (2G) and (2H) substitute -

“(2G) In the Education Orders references to -

(a) an approved contract,
(b) the contractor, in relation to an approved contract,

shall be construed in accordance with section (ESA to contract for certain capital works)(3) of the Education Act (Northern Ireland) 2009.

(2H) References in the Education Orders to the staff of or at a school or to persons employed at, in or about a school do not include references to persons employed by the contractor for the purposes of an approved contract.” ’

Minister of Education

Clause 17 , Page 9, Line 16

After ‘Department)’ insert ‘for paragraph (1)’

Minister of Education

Clause 26 , Page 14, Line 12

At end insert -

‘(iii) the requirements of those attending Irish speaking schools who are taught in Irish; and’

Minister of Education

Clause 26 , Page 14, Line 19

Leave out from ‘and’ to end of line 21

Minister of Education

Clause 27 , Page 14, Line 42

At end insert -

‘(5A) The Department may -

(a) co-operate or work jointly with another body exercising functions in relation to the accreditation of qualifications (whether in the United Kingdom or elsewhere);
(b) provide information relating to the accreditation of qualifications to such a body.

(5B) Nothing in subsection (5A)—

(a) affects any power that exists apart from that subsection; or
(b) authorises the disclosure of information in contravention of any provision made by or under any statutory provision which prevents disclosure of the information.’

Minister of Education

Clause 28 , Page 15, Line 13

Leave out subsection (2)

Minister of Education

Clause 28 , Page 15, Line 23

Leave out subsection (5)

Minister of Education

New Clause

After clause 28 insert -

‘ Power of ESA to conduct examinations specified by DEL

28A. -(1) ESA may, subject to the following provisions of this section, conduct any examinations specified by DEL (“the specified examinations”).

(2) For the purposes of this section the power of ESA to conduct the specified 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 ESA may determine;

(b) to draw up and publish -

(i) rules and specifications;
(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) ESA may charge such fees in connection with the specified examinations as may be approved by DEL.

(4) ESA shall make arrangements for the consideration by ESA of appeals against any decision or complaints against any action -

(a) taken by ESA under this section; or
(b) taken in accordance with arrangements entered into by ESA under subsection (2)(a).

(5) In carrying out its functions under this section ESA shall, so far as relevant, have regard to -

(a) the requirements of industry, commerce and the professions regarding the specified examinations; and
(b) the requirements of persons who have a learning difficulty (as defined in Article 2 of the Further Education (Northern Ireland) Order 1997).’

Minister of Education

New Clause

After clause 28 insert -

‘Functions of ESA in relation to qualifications designated by DEL

28B. -(1) ESA shall keep under review all aspects of designated qualifications.

(2) ESA -

(a) may advise DEL on matters concerning designated qualifications;
(b) shall advise DEL on any such matters which are referred to ESA by DEL.

(3) ESA may and, if requested to do so by DEL, shall carry out programmes of research and development for purposes connected to designated qualifications.

(4) ESA may provide advice and assistance to persons or bodies providing courses leading to designated qualifications.

(5) ESA may publish and disseminate information relating to designated qualifications.

(6) In carrying out its functions under this section ESA shall, so far as relevant, have regard to -

(a) the requirements of industry, commerce and the professions regarding designated qualifications; and
(b) the requirements of persons who have a learning difficulty (as defined in Article 2 of the Further Education (Northern Ireland) Order 1997).

(7) In this section “designated qualifications” means qualifications designated by DEL.’

Minister of Education

Clause 30 , Page 17, Line 3

At end insert -

‘( ) The scheme of management for an Irish speaking school shall require the Board of Governors to use its best endeavours to ensure that the management, control and ethos of the school are such as are likely to ensure the continuing viability of the school as an Irish speaking school.

( ) The scheme of management for a grant-aided school of which a part is Irish speaking shall require the Board of Governors to use its best endeavours to ensure that the management, control and ethos of the school are such as are likely to ensure the continuing viability of the Irish speaking part of the school.’

Minister of Education

Clause 31 , Page 17, Line 32

Leave out paragraphs (a) and (b) and insert -

‘(a) in the case of a controlled school, the Board of Governors of the school;
(b) in the case of a voluntary or grant-maintained integrated school, the trustees of the school or (if the trustees so determine) the Board of Governors of the school.’

Minister of Education

Clause 37 , Page 20, Line 29

At end insert -

‘and on the discharge by ESA of its functions under sections 24 and 25 (except section 25(1)(b)).’

Minister of Education

Clause 42 , Page 24, Line 4

At end insert -

‘(6A) Before -

(a) appointing an assessor under subsection (1) for the purposes of the inspection of an establishment under section 41; or

(b) assigning a member of the panel under subsection (5) to be a lay person for the purposes of such an inspection, the Department shall consult DEL.

(6B) Before -

(a) appointing an assessor under subsection (1) for the purposes of the inspection of an establishment by virtue of paragraph 14 of Schedule 1 to the Libraries Act (Northern Ireland) 2008; or

(b) assigning a member of the panel under subsection (5) to be a lay person for the purposes of such an inspection, the Department shall consult the Department of Culture, Arts and Leisure.’

Minister of Education

Clause 49

The Minister of Education gives notice of her intention to oppose the question that clause 49 stand part of the Bill.

Minister of Education

Clause 52 , Page 29, Line 28

At end insert -

‘ “Irish speaking school” has the meaning given by Article 3(2) of the Education (Northern Ireland) Order 2006;’

Minister of Education

Clause 54 , Page 30, Line 24

At end insert -

‘(cc) section 29 and Schedule 6;’

Minister of Education

Schedule 1 , Page 31, Line 15

Leave out ‘7 or more than 11’ and insert ‘11 or more than 14’

Minister of Education

Schedule 3 , Page 38, Line 20

Leave out head (b)

Minister of Education

Schedule 3 , Page 40, Line 8

Leave out paragraph 5 and insert -

‘5. -(1) ESA shall make arrangements for a statement of accounts to be prepared in relation to each dissolved body for the relevant period.

(2) Each statement of accounts shall -

(a) be in such form, and
(b) contain such information, as the Department may direct.

(3) ESA shall, within such time after the end of the relevant period as the Department may direct send a copy of each statement of accounts to the Department.

(4) In this paragraph “the relevant period” means the period -

(a) beginning on such day as the Department may direct; and
(b) ending immediately before the appointed day.’

Minister of Education

Schedule 4 , Page 41, Line 16

Leave out head (b) and insert -

‘(b) the Roman Catholic Archbishop of Armagh and the Roman Catholic Bishops of Clogher, Derry, Down and Connor, Dromore and Kilmore; and’

Minister of Education

Schedule 7 , Page 48, Line 25

Leave out from ‘for’ to end of line 27 and insert -

‘for the words from “has the meaning” to the end substitute “means a maintained school whose trustees are appointed by, or on behalf of, the Roman Catholic Church;” ’

Minister of Education

Schedule 7 , Page 50, Line 5

Leave out sub-paragraph (6)

Minister of Education

Schedule 7 , Page 51, Line 16

Leave out sub-paragraph (15)

Minister of Education

Schedule 7 , Page 54, Line 28

Leave out ‘and’

Minister of Education

Schedule 7 , Page 54, Line 29

At end insert -

‘and

(d) the Education (Northern Ireland) Act 2009.’

Minister of Education

Schedule 7 , Page 55, Line 31

Leave out from ‘and’ to end of line 33 and insert -

‘(aa) in paragraph 1(2) for sub-paragraphs (a) and (b) substitute “the trustees and Board of Governors of the school;” ’

Minister of Education

Schedule 7 , Page 61, Line 5

Leave out paragraph 18 and insert -

‘18. -(1) In Article 10(3)(aa) and (4)(aa) for “the body constituted by” substitute “a tribunal constituted in accordance with”.

(2) In Article 16(2) for sub-paragraphs (a) and (b) substitute “the Board of Governors of a grant-aided school shall consider any representations made to it by ESA”.

(3) In Article 16A(1) for the words from the beginning to “direction” substitute “ESA shall make arrangements for enabling the parent of a child of compulsory school age to apply to a tribunal constituted in accordance with regulations under paragraph (6) for a direction”.

(4) In Article 16A(2)(a) and (b) for “body” wherever occurring substitute “tribunal”.

(5) In Article 16A(5)(a) for “pupil” substitute “child”.

(6) In Article 16A(6) -

(a) for “a body” substitute “tribunals”;
(b) in sub-paragraphs (a), (b) and (c) for “the body” substitute “a tribunal”;
(c) after sub-paragraph (c) insert -
“(cc) may provide for two or more tribunals to sit at the same time;”;
(d) in sub-paragraph (d) for “the Department” substitute “ESA”.

(7) In Article 16A after paragraph (6) substitute -

“(6A) A tribunal is not to be regarded as a committee of ESA.”

(8) In Article 16A for paragraph (7) insert -

“(7) ESA may make payments to members of a tribunal -

(a) for or in relation to their service as members; and
(b) by way of travelling and subsistence allowance.”.

(9) In Article 16B(1)(d), for “the body established” substitute “a tribunal constituted”.’

Minister of Education

Schedule 7 , Page 62, Line 13

Leave out sub-paragraph (7) and insert -

‘(7) In Article 32(2) for sub-paragraphs (a) and (b) substitute “the Board of Governors of a controlled or maintained school shall consider any representations made to it by ESA.” ’

Minister of Education

Schedule 7 , Page 62, Line 21

Leave out sub-paragraphs (13) to (17) and insert -

‘(13) In Article 55(3) and (6) for sub-paragraph (c) substitute -

“(c) where the school is a maintained school, the trustees of the school,”.’

(14) In Article 56(1) -

(a) for “the board concerned” substitute “ESA”;

(b) for sub-paragraph (b)(iii) substitute -

“(iii) where the school is a maintained school, the trustees of the school,”

(c) in sub-paragraph (b) for “that Council” substitute “those trustees”.

(15) In Article 56(2) for sub-paragraph (d) substitute -

“(d) where the school is a maintained school, the trustees of the school,”.

(16) In Article 60(5) for “all the boards, the Council for Catholic Maintained Schools” substitute “ESA”.

(17) In Article 60(8) and (11) for sub-paragraph (c) substitute -

“(c) where the school is a maintained school, the trustees of the school,”.’

Minister of Education

Schedule 7 , Page 64, Line 4

At end insert -

‘(4) In Article 37(8) after sub-paragraph (c) insert -

“(ca) the Board of Governors of a grant-aided school; and
(cb) the proprietor of an independent school.”.’

Minister of Education

Schedule 8 , Page 72

Leave out lines 13 and 14

Minister of Education

Schedule 8 , Page 72

Leave out lines 20 to 24 and insert -

‘Article 25.’

Minister of Education

Schedule 8 , Page 73

Leave out lines 12 and 13

Minister of Education

Schedule 8 , Page 73

Leave out lines 35 and 36 and insert -

‘In Article 61(1) the words “situated in its area”.

Article 61(3).’

Minister of Education

Schedule 8 , Page 73

Leave out lines 39 and 40 and insert -

‘In Article 63(1) the words “situated in its area”.

Article 63(3).’

Minister of Education

Schedule 8 , Page 73, Line 47

Leave out from beginning to end of line 3 on page 74 and insert -

‘Article 70(3) to (7), (9) and (10).’

Minister of Education

Schedule 8 , Page 74, Line 41

At end insert -

‘Article 28.’

Minister of Education

Clause 21 , Page 11, Line 27

Leave out paragraph (c)