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EDUCATION AND LIBRARIES (NORTHERN IRELAND) ORDER 1972 - SECT 90

90.(1) If the Ministry is satisfied, either on complaint by any person or
otherwise, that a board has or the managers of a grant-aided school have acted
or is or are proposing to act unreasonably with respect to the exercise of any
power conferred or the performance of any duty imposed by or under any
provision of this Order, the Ministry may, notwithstanding the provisions of
any enactment rendering the exercise of the power or the performance of the
duty contingent upon the opinion of the board or of the managers, give such
directions as to the exercise of the power or the performance of the duty as
appear to the Ministry to be expedient.

(2) Where a board fails or the managers of a grant-aided school fail to carry
out any of its or their functions under this Order, the Ministry may direct it
or them to carry out those functions and the direction may specify how the
functions are to be carried out.

(3) It shall be the duty of a board and the managers of a grant-aided school
to comply with any directions given to it or to them under paragraph (1) or
(2) and any such directions may be enforced by mandamus.

(4) Where the Ministry is satisfied that a board has failed to discharge any
of its functions under this Order, the Ministry may make an order appointing a
person or persons to discharge, in the name of the board, all the functions of
the board or such functions as may be specified in the order and the order may
render valid any act, thing or payment which would otherwise be invalid by
reason of any default by the board.

(5) So long as an order under paragraph (4) remains in force the functions of
the board or such functions as are specified in the order shall be performed
by the person or persons appointed by the order and shall not be performed by
the board.

(6) The remuneration and expenses of a person or persons appointed by an order
made under paragraph (4) shall be determined by the Ministry and shall
together with any other sums expended by the Ministry in consequence of the
order be defrayed as part of the expenses of the board under this Order.

(7) The [Statutory Rules (Northern Ireland) Order 1979] shall not apply to any
order made under paragraph (4).

© 1972 Crown Copyright

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