Published on Eurydice (https://eacea.ec.europa.eu/national-policies/eurydice)

The following list sets out the main educational and related legislation referred to in the text.

It includes the following types of primary legislation:

Public General Acts of the United Kingdom Parliament (1801 to date) Orders in Council made under the Northern Ireland Acts (1972 to date) (effectively the primary legislation for Northern Ireland under direct rule, though in the form of Statutory Instruments) Acts of the Northern Ireland Assembly (2000 – 2002 and 2007 to date).

It also includes selected secondary legislation.

Links are included to the full text and explanatory notes (where available) on the UK Legislation website [1], which is provided by The National Archives.

Addressing Bullying in Schools Act (Northern Ireland) 2016 [2] (Act of the Northern Ireland Assembly)

The Act set out a definition of bullying and outlined the duty of boards of governors [3] in grant-aided schools [4] to secure measures to prevent bullying and keep a record of incidents.

Children (Northern Ireland) Order 1995 [5] (Northern Ireland Order in Council)

Imposed general and specific duties on authorities regarding children in need and their families and looked-after children, replacing previous legislation. With respect to childminding and day care for young children, Articles 125 and 126 required authorities to set limits on the number of young children being looked after in settings, as well as on the number of children in specific age groups. Childminders and private providers of day care were required to comply with any regulations set. Explanatory notes [6]

Class Sizes in Primary Schools Regulations (Northern Ireland) 2000 [7] (Northern Ireland Statutory Rules)

These regulations, made under Articles 16 and 90(3) of the Education (Northern Ireland) Order 1998, set a limit for class sizes in the first four years of primary education (pupils aged four to eight). Explanatory notes [8]

Data Protection Act 2018 [9] (Act of Parliament)

Modernised data protection laws, setting new standards for protecting personal data, giving individuals more control over use of their data and supporting organisations with their lawful processing of personal data. Explanatory notes [10] Education (Assessment Arrangements) (Foundation to Key Stage 3) Order (Northern Ireland) 2007 [11] (Northern Ireland Statutory Rules)

Established new assessment arrangements for pupils in Foundation Stage through to Key Stage 3 (ages four to 14) in line with the revised Northern Ireland Curriculum. The Order was made under Articles 9(2) and 43(5) of the Education (Northern Ireland) Order 2006. Explanatory notes [12]

Education (Core Syllabus for Religious Education) Order (Northern Ireland) 2007 [13](Northern Ireland Statutory Rules)

Made under Articles 11(1) and (4) and 43(5) of the Education (Northern Ireland) Order 2006, this specified the core syllabus for religious education at each key stage, which all grant-aided schools in Northern Ireland are required to deliver.

Education (Curriculum Minimum Content) Order (Northern Ireland) 2007 [14] (Northern Ireland Statutory Rules)

Made under Articles 7(2) and 43(5) of the Education (Northern Ireland) Order 2006. Set out the requirements for the minimum content to be covered for each area of learning from the foundation stage to Key Stage 4 of the Northern Ireland Curriculum (pupils aged four to 16). Explanatory notes [15]

Education (Northern Ireland) Order 1996 [16](Northern Ireland Order in Council)

Set out statutory requirements for the admission of pupils to grant-aided (publicly funded) schools, including the requirement for Boards to make arrangements for parents to express a preference for the school they wished their child to attend. The Education (Northern Ireland) Order 2006 amended Article 16, introducing changes to secondary school admissions under exceptional circumstances, and repealed Article 14, governing admissions to grammar schools. Explanatory notes [17]

Education (Northern Ireland) Order 1997 [18] (Northern Ireland Order in Council)

Set out statutory requirements for the admission of pupils to grant-aided (publicly-funded) schools, including the requirement for Boards to make arrangements for parents to express a preference for the school they wished their child to attend. The Education (Northern Ireland) Order 2006 amended Article 16, introducing changes to secondary school admissions under exceptional circumstances, and repealed Article 14 governing admissions to grammar schools. Explanatory notes [19]

Education (Northern Ireland) Order 1998 [20] (Northern Ireland Order in Council)

Included provisions relating to discipline, assessment, performance and management of schools and also to the provision and funding of, and admission to pre-school education. Article 16 provided for limits to be set on class sizes in the Foundation Stage and Key Stage 1. The Order also established the General Teaching Council for Northern Ireland (GTCNI) and specified its functions (Articles 34-41), together with the requirement that employing authorities must only employ teachers registered with the Council. Existing legislation relating to the Northern Ireland Council for the Curriculum, Examinations and Assessment was re-enacted and amended; Schedule 3 contains its constitution. Explanatory notes [21]

Education (Northern Ireland) Order 2006 [22] (Northern Ireland Order in Council)

Made provision for the introduction of a new Foundation Stage covering Years 1 and 2 of primary education, as well as the changes necessary to implement the revised statutory curriculum and assessment arrangements. A definition of Irish-speaking schools was provided (Article 3 (2). The Order also gave effect to aspects of new arrangements for post-primary education, including the ending of government supported and managed academic selection at age 11, and powers to introduce new admissions arrangements. Articles 18 and 19 required Boards of Governors to provide pupils in key stage 4 (Article 18) and pupils over compulsory school age (Article 19) with access to a minimum number of courses leading to qualifications approved by the Department, at least one third of which were required to be applied courses – this is known as the Entitlement Framework. Finally, the Order introduced new arrangements for the expulsion and suspension of pupils from grant-aided (publicly-funded) schools. Explanatory notes [23]

Education (Other Skills) Order (Northern Ireland) 2007 [24](Northern Ireland Statutory Rules)

Made under Articles 8(1)(b) and 43(5) ofthe Education (Northern Ireland) Order 2006(1), this specified the curriculum other skills for pupils in all key stages.

Education Act (Northern Ireland) 1947 [25] (Act of the Northern Ireland Parliament)

Created new county authorities responsible for the administration of education in their respective areas and stipulated three stages of education – primary, secondary and further. It enshrined in legislation the principle of providing free, full-time education, suitable to their needs, for all children during compulsory education. Now mostly repealed and its provisions consolidated into subsequent legislation.

Education Act (Northern Ireland) 2014 [16]

Established the Education Authority, which replaced the five Education and Library Boards, inheriting the responsibility for delivering educational services and employer responsibilities for school staff. The Education Authority also has a duty to encourage, facilitate and promote shared education.

Education and Libraries (Northern Ireland) Order 1986 [26] (Northern Ireland Order in Council)

Stipulated that the parent of every child of compulsory school age should ensure that they receive efficient full-time education suitable to age, ability, and aptitude and any special needs they may have. The Order required Education and Library Boards to make arrangements to facilitate the attendance of pupils at grant-aided (publicly-funded schools) and where necessary, pupils at further education institutions. It also specified the composition of Boards of Governors and their powers and duties in relation to grant-aided primary and secondary schools. Article 102 made provisions for the inspection of schools and further education colleges but these were substituted by Article 102 of the 1996 Order. Part IV of the Act included provisions for the registration and conduct of independent schools. Article 17A allowed the Department of Education to make regulations regarding the duration of the school day and school year.

Education and Libraries (Northern Ireland) Order 2003 [27] (Northern Ireland Order in Council)

Primarily made changes to the calculation of school budgets under Local Management of Schools arrangements and also made amendments to existing legislation. Included a requirement for parents to express, in order of preference, the nursery schools or classes they wished their child to attend. Explanatory notes [28]

Education Reform (Northern Ireland) Order 1989 [29] (Northern Ireland Order in Council) Provided the basis for the management of schools in Northern Ireland and placed a duty on the Department of Education to encourage and facilitate integrated education (education of Roman Catholic and Protestant pupils together at school). The Order made provision for the curriculum in grant-aided schools and for the establishment and functions of the Northern Ireland Curriculum Council and the Northern Ireland Schools Examinations and Assessment Council (now the Council for the Curriculum, Examinations and Assessment). It revised the definition of compulsory school age so that each child in Northern Ireland would receive 12 full years of education (from age 4 to 16) and regulated the making of charges for education in grant-aided schools. The Department’s powers of inspection were extended to include a duty to promote high standards in schools. The provisions with respect to the curriculum were repealed by the Education (Northern Ireland) Order 2006. The Order originally set out a definition of higher education but this has been replaced by provisions in Schedule 1 of the Further Education Northern Ireland Order 1997. Explanatory notes [30]

Freedom of Information Act 2000 [31] (Act of Parliament)

Gave individuals the right to access recorded information held by public sector organisations. Explanatory notes [32]

Further Education (Northern Ireland) Order 1997 [33] (Northern Ireland Order in Council)

Removed further education institutions from the control of the education and library boards and established them as publicly funded self-governing incorporated bodies. Provided for the functions of the relevant government department and governing bodies in relation to institutions. It also established the duty of governing bodies to ensure suitable provision of further education, taking account of any other educational facilities in their area. Defined further education as full-time and part-time education suitable to the requirements of persons over compulsory school age (16 years), including vocational training and organised leisure-time occupation provided in connection with such education. Schedule 1 listed the types of courses deemed to be higher education. Explanatory notes [34]

Higher Education (Northern Ireland) Order 2005 [35] (Northern Ireland Order in Council)

Introduced changes to the fee regime, including the possibility for institutions to charge variable tuition fees. Explanatory notes [36]

Higher Education and Research Act 2017 [37] (Act of Parliament)

Although the Act focused principally on England, some provisions applied to the whole of the UK. It made managing and developing the Teaching Excellence Framework (TEF) [38] the responsibility of the newly created Office for Students (OfS), and created a single research and innovation funding body for higher education, United Kingdom Research and Innovation (UKRI). Explanatory notes [39]

Human Rights Act 1998 [40] (Act of Parliament)

Incorporated into UK law nearly all the rights contained in the European Convention on Human Rights, and gave citizens a clear legal statement of their basic rights and fundamental freedoms.

Northern Ireland Act 1974 [41] (Act of Parliament)

Provided for the dissolution of the existing Northern Ireland Assembly, following the suspension of the Northern Ireland Parliament in 1972, when direct rule from the UK Parliament at Westminster was substituted. The vast majority of Northern Ireland’s primary legislation was subsequently made in the form of Orders, laid before the UK Parliament under the Northern Ireland Act 1974. Repealed by the Northern Ireland Act 1998.

NB. The original text of the Act can be found here [42].

Northern Ireland Act 1998 [43] (Act of Parliament)

Made new provision for the government of Northern Ireland by implementing the Belfast (Good Friday) Agreement. Amongst its provisions for government, it required public authorities (excluding schools) to have due regard to the need to promote equality of opportunity across nine social categories. The Act also established the Equality Commission for Northern Ireland.

Police Act 1997 [44] (Act of Parliament)

Included provisions relating to certificates of criminal records (part V), which govern the operations of AccessNI, the criminal history disclosure service within the Department of Justice in Northern Ireland.

Primary Schools (Admissions Criteria) Regulations (Northern Ireland) 1997 [45] (Northern Ireland Statutory Rules)

Made under Article 16(9) of the Education (Northern Ireland) Order 1997, these regulations specified requirements for primary school admissions, including the matters to be included or excluded in the criteria applied in selecting children for admission. Explanatory notes [46]

Prison and Young Offenders Centres Rules (Northern Ireland) 1995 [47]

The Northern Ireland Prison and Young Offenders Rules 1995 set out the minimum entitlements that any inmate who serves a period of custody must receive.

Protection of Freedoms Act 2012 [48] (Act of Parliament)

Provided for the establishment of a new organisation to vet individuals wanting to work with children, the Disclosure and Barring Service (DBS), combining the criminal record checks and barring functions of the Criminal Records Bureau (CRB) and Independent Safeguarding Authority (ISA). Explanatory notes [49]

NB: In Northern Ireland, AccessNI continues to undertake criminal records checks, but decisions on whether to bar an individual are taken by the DBS.

Shared Education Act (Northern Ireland) 2016 [50] (Act of the Northern Ireland Assembly)

The Act set out the core components that are necessary for shared education: the education together of those of different religious belief and those who are experiencing socio-economic deprivation and those who are not, which is secured by the working together of two or more relevant providers. It conferred a duty on the Department of Education to promote, encourage and facilitate shared education and conferred on listed bodies a power to encourage and facilitate shared education. Explanatory notes [51]

Special Educational Needs and Disability (Northern Ireland) Order 2005 [52] (Northern Ireland Order in Council) Amended the Education (Northern Ireland) Order 1996 with respect to children with special educational needs (SEN). It strengthened their right to be educated in mainstream education and imposing new duties on Education and Library Boards to increase accessibility to school premises and the curriculum for disabled pupils. The Order also applied disability discrimination legislation to the further and higher education sectors for the first time, prohibiting institutions from discriminating against those with disabilities in their admission arrangements and in the education and associated services provided. Explanatory notes [53]

Special Educational Needs and Disability Act (Northern Ireland) 2016 [54] (Act of the Northern Ireland Assembly)

The Act placed new duties on the Education Authority (EA) and health and social services authorities, and on boards of governors [3] and schools, and provided new rights for parents and for children over compulsory school age. It required the EA to publish an annual plan of its arrangements for special educational needs (SEN) provision; to have to seek and have regard to the views of the child; and to put in place an independent dispute avoidance and resolution service, and independent mediation arrangements. It required boards of governors to ensure a Learning Support Coordinator is appointed within each school to coordinate provision for children with SEN, and schools to complete and review a personal learning plan for each pupil with SEN. The Act also provided for increased cooperation between the EA and health and social services authorities to provide services identified to be of benefit in addressing a child's SEN. Department of Education note on the Act [55]

Statutory Rules (N.I.) 1973 No. 403(3)

Specified that post-primary (secondary) schools at least three periods each week must be set apart for Religious Education. However, where a class is composed wholly or mainly of pupils following a course leading to an examination for General Certificate of Education the number of periods within each week may be reduced to two.

Statutory Rules (N.I.) 21 (4) 1973 No. 402

Specified that primary schools must provide Religious Education (instruction) of at least one half hour per day or two and a half hours per week.

Teachers’ (Eligibility) Regulations (Northern Ireland) 1997 [56] (Northern Ireland Statutory Rules)

Made under Articles 70(1) and (2)(1) and 134(1)(2) of the Education and Libraries (Northern Ireland) Order 1986, these regulations set out requirements relating to qualifications, age and health for persons eligible to teach. Explanatory notes [57]

Teachers' (Terms and Conditions of Employment) Regulations (Northern Ireland) 1987 [58] (Northern Ireland Statutory Rules)

Made under Articles 70 (1) and 134 (1) of the Education (Northern Ireland) Order 1986, these regulations set out the professional duties of teachers, principals and vice-principals.

Teaching and Higher Education Act 1998 [59] (Act of Parliament)

Made provisions relating to teacher training and introduced an annual tuition fee for higher education students. Teachers’ Superannuation Regulations (Northern Ireland) 1998 [60] (Northern Ireland Statutory Rules)

Regulations on teachers’ pensions.

Article last reviewed September 2019.

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Source URL: https://eacea.ec.europa.eu/national-policies/eurydice/content/legislation-76_en

Links [1] http://www.legislation.gov.uk/ [2] http://www.legislation.gov.uk/nia/2016/25/contents [3] https://eacea.ec.europa.eu/national-policies/eurydice/content/glossary-75_en#BoardOfGovernors [4] https://eacea.ec.europa.eu/national-policies/eurydice/content/glossary-75_en#GrantAided [5] http://www.legislation.gov.uk/nisi/1995/755/contents [6] http://www.legislation.gov.uk/nisi/1995/755/note/made [7] http://www.legislation.gov.uk/nisr/2000/27/contents/made [8] http://www.legislation.gov.uk/nisr/2000/27/note/made [9] http://www.legislation.gov.uk/ukpga/2018/12/contents/enacted/data.htm [10] http://www.legislation.gov.uk/ukpga/2018/12/notes/contents [11] http://www.legislation.gov.uk/nisr/2007/45/contents/made [12] http://www.legislation.gov.uk/nisr/2007/45/note/made [13] http://www.legislation.gov.uk/nisr/2007/309/contents/made [14] http://www.legislation.gov.uk/nisr/2007/46/contents/made [15] http://www.legislation.gov.uk/nisr/2007/46/note/made [16] http://www.legislation.gov.uk/nia/2014/12/contents?text=education [17] http://www.legislation.gov.uk/nisi/1996/274/note/made [18] http://www.legislation.gov.uk/nisi/1997/866/contents [19] http://www.legislation.gov.uk/nisi/1997/866/note/made [20] http://www.legislation.gov.uk/nisi/1998/1759/contents [21] http://www.legislation.gov.uk/nisi/1998/1759/note/made [22] http://www.legislation.gov.uk/nisi/2006/1915/contents [23] http://www.legislation.gov.uk/nisi/2006/1915/memorandum/contents [24] http://www.legislation.gov.uk/nisr/2007/44/contents/made [25] http://www.legislation.gov.uk/apni/1947/3/contents [26] http://www.legislation.gov.uk/nisi/1986/594/contents [27] http://www.legislation.gov.uk/nisi/2003/424/contents [28] http://www.legislation.gov.uk/nisi/2003/424/memorandum/contents [29] http://www.legislation.gov.uk/nisi/1989/2406/contents [30] http://www.legislation.gov.uk/nisi/1989/2406/note/made [31] http://www.legislation.gov.uk/ukpga/2000/36/contents [32] http://www.legislation.gov.uk/ukpga/2000/36/notes/contents [33] http://www.legislation.gov.uk/nisi/1997/1772/contents [34] http://www.legislation.gov.uk/nisi/1997/1772/note/made [35] http://www.legislation.gov.uk/nisi/2005/1116/contents [36] http://www.legislation.gov.uk/nisi/2005/1116/memorandum/division/2 [37] http://www.legislation.gov.uk/ukpga/2017/29/contents/enacted [38] https://www.officeforstudents.org.uk/advice-and-guidance/teaching/ [39] http://www.legislation.gov.uk/ukpga/2017/29/notes/contents [40] http://www.legislation.gov.uk/ukpga/1998/42/contents [41] http://www.legislation.gov.uk/ukpga/1974/28/contents [42] http://cain.ulst.ac.uk/hmso/nia1974.htm [43] http://www.legislation.gov.uk/ukpga/1998/47/contents [44] http://www.legislation.gov.uk/ukpga/1997/50/contents [45] http://www.legislation.gov.uk/nisr/1997/438/contents/made [46] http://www.legislation.gov.uk/nisr/1997/438/note/made [47] https://www.justice-ni.gov.uk/publications/northern-ireland-prison-service-prison-rules [48] http://www.legislation.gov.uk/ukpga/2012/9/contents [49] http://www.legislation.gov.uk/ukpga/2012/9/notes/contents [50] http://www.legislation.gov.uk/nia/2016/20/contents [51] http://www.legislation.gov.uk/nia/2016/20/notes/contents [52] http://www.legislation.gov.uk/nisi/2005/1117/contents [53] http://www.legislation.gov.uk/nisi/2005/1117/memorandum/contents [54] http://www.legislation.gov.uk/nia/2016/8/contents [55] https://www.education-ni.gov.uk/articles/review-special-educational-needs-and-inclusion [56] http://www.legislation.gov.uk/nisr/1997/312/contents/made [57] http://www.legislation.gov.uk/nisr/1997/312/note/made [58] https://www.education-ni.gov.uk/publications/teachers-salaries-and-conditions-service [59] http://www.legislation.gov.uk/ukpga/1998/30/contents [60] http://www.legislation.gov.uk/nisr/1998/333/contents/made