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EDUCATION AND LIBRARIES (NORTHERN IRELAND) ORDER 1972 - SECT 77

77.(1) Where it is necessary to appoint staff, other than teachers or persons
employed in connection with the school meals service, required in or about a
controlled school or a maintained school, the board which manages the
controlled school or, as the case may be, is responsible for the maintenance
of the maintained school shall furnish to the school management committee or,
in the case of a maintained school, the maintained school committee, the names
of all applicants for appointment whom the board considers to be qualified and
the school management committee or, as the case may be, the maintained school
committee may select from the names so furnished to it the person or, where
more than one person is to be appointed, the requisite number of persons whom
it recommends for appointment and shall inform the board of the name or names
of the person or persons so selected.

(2) Where a school management committee or maintained school committee informs
the board of the name of the person, or as the case may be, the names of the
requisite number of persons whom it has selected under paragraph (1), the
board shall appoint that person or those persons.

(3) Where a school management committee or a maintained school committee to
whom names of applicants are furnished under paragraph (1) fails within a
reasonable time to inform the board of the name of the person or, as the case
may be, the names of the requisite number of persons whom it recommends for
appointment, the board may either

(a)seek further applications and comply again with paragraph (1); or

(b)with the approval of the Ministry, appoint one or, as the case may be, the
requisite number of persons from the qualified applicants.

(4) All staff to whom paragraph (1) applies who were employed in or about a
controlled school or a maintained school to carry out the duties of a former
local education authority immediately before the date of the coming into
operation of this Article shall be offered employment by the board which
manages the controlled school or, as the case may be, is responsible for the
maintenance of the maintained school on terms not less favourable than those
on which they were employed by the former local education authority
immediately before that date.

(5) This Article shall not apply where, after consultation with the school
management committee or, in the case of a maintained school, the maintained
school committee, the board is of opinion that a service or services for the
internal or external maintenance of the premises of the school can best be
provided

(a)by a person or group of persons employed by the board to perform that
service or those services in a number of schools which are not all under the
management of the same school management committee or maintained school
committee;

(b)by the placing by the board of a contract, in accordance with its regular
procedure for placing contracts, for the doing of anything relating to its
functions in relation to a controlled school or a maintained school which is
of a nature ordinarily done by employing a contractor.

(6) A school management committee or maintained school committee aggrieved by
any action of a board under paragraph (5) may refer the matter to the Ministry
for determination.

(7) The functions of a school management committee or a maintained school
committee under this Article shall not, for any purpose, be regarded as being
carried out on behalf of or in the name of the board.

© 1972 Crown Copyright

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