PART I INTRODUCTORY Title and commencement 1 1 This Order may be cited as the Education and Libraries (Northern Ireland) Order 1993. 2 Except as provided by paragraphs (3) and (4), this Order shall come into operation on the expiration of two months from the day on which it is made. 3 The following provisions of this Order shall come into operation forthwith— This Part; Article 28 and Schedule 2;F Article 42; Article 48; Article 50(1) and Part II of Schedule 4 so far as relating to— the definition of “maintained school” in Article 2(2) of the 1986 Order and Articles 9(1), 15(3), 16(4) and 106(2) of, and Schedules 4, 7 and 8 to, that Order; Articles 60(1), 126(4) and 127(2) and (3) of the 1989 Order; Article 50(2) and Schedule 5 so far as relating to— Article 70(1) and (3) of, and Schedule 19 to, the 1986 Order; Articles 141(5) and 146(5) and (6) of the 1989 Order and the amendments in Schedule 9 to the 1989 Order to Articles 11 and 116(1) of, and Schedules 5 and 6 to, the 1986 Order. 4 The following provisions of this Order shall come into operation on such day or days as the Department may by order appoint . . . Article 34 and Part I of Schedule 4; Article 41; Article 45; Article 50(2) and Schedule 5 so far as relating to— Articles 2(2), 65, 69A, 70(4) and 72 of the 1986 Order; Articles 18, 20, 23 to 28, 59, 143, 151, 153, 163 and 164 of, and Schedules 2 and 3 to, the 1989 Order and the amendment in Schedule 9 to the 1989 Order to the definition of “supply teacher” in Article 2(2) of the 1986 Order. 5 An order under paragraph (4) may make such transitional provision as appears to the Department to be necessary or expedient in connection with the provisions brought into operation by the order. Interpretation 2 1 The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly. 2 In this Order— “the 1986 Order” means the Education and Libraries (Northern Ireland) Order 1986 ; “the 1989 Order” means the Education Reform (Northern Ireland) Order 1989 . 3 This Order shall be construed as one with the 1986 Order and the 1989 Order; and accordingly Article 2(2) of the 1986 Order, in so far as it relates to the definition of words or expressions used in that Order and in this Order, shall apply for the purposes of this Order as it applies for the purposes of that Order. Part II (arts. 3‐18) rep. by 2003 NI 12 PART III PUBLIC SUPPLY OR WORKS CONTRACTS Interpretation of Part III 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board contracts: exclusion of non-commercial considerations 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exceptions for fair employment matters and matters specified by Department 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions supplementary to or consequential on Article 20 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty of boards to give reasons for certain decisions within Article 20 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional duty of boards as regards existing lists 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exclusion of charges for inclusion in approved list 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART IV MISCELLANEOUS Arts. 26, 27 rep. by 1997 NI 15 Finance Capital grants to, and management of, maintained schools and voluntary grammar schools 28 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 For Article 11 of the 1986 Order (management of voluntary schools) there shall be substituted the Article set out in Part I of Schedule 2. 3 For Schedule 5 to the 1986 Order (management of maintained schools) there shall be substituted the Schedule set out in Part II of Schedule 2. 4 For Schedule 6 to the 1986 Order (management of certain voluntary grammar schools) there shall be substituted the Schedule set out in Part III of Schedule 2. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Any agreement in force immediately before the coming into operation of this Article in relation to a school under Schedule 6 to the 1986 Order shall— a if made, or having effect as if made, under paragraph 1(1) of that Schedule, continue to have effect as if made under paragraph 1(1)(b) of that Schedule, as substituted by this Article; b if made, or having effect as if made, under paragraph 1(2) of that Schedule, continue to have effect as if made under paragraph 2(1) of that Schedule, as substituted by this Article. Art. 29 rep. by 2003 NI 12 Funding by Department of higher education 30 1 The Department may, on such terms and conditions as it may determine, make grants— a to the governing body of any higher education institution in Northern Ireland in respect of expenditure incurred or to be incurred by it for the purposes of— i the provision of education and the undertaking of research by that institution; or ii the provision of any facilities, and the carrying on of any other activities, by that institution which the governing body of that institution considers it necessary or desirable to provide or carry on for the purposes of, or in connection with, education or research; b to the governing body of any other prescribed institution in respect of expenditure incurred or to be incurred by it for the purposes of the provision of prescribed higher education courses; c to any body or person in respect of expenditure incurred or to be incurred by that body or person for the purposes of the provision of services for the purposes of, or in connection with, the provision of education and the undertaking of research by higher education institutions in Northern Ireland. 2 For the purposes of the exercise of its functions under this Article, the Department may obtain such advice and other services as it considers necessary or desirable from any other body or person on such terms and conditions as may be agreed between the Department and that other body or person. 3 In this Article— “governing body”, in relation to an institution means— in the case of a university, the executive governing body which has responsibility for the management and administration of its revenue and property and the conduct of its affairs; Sub‐para. (b) rep. by 1997 NI 15 in the case of any other institution, the body which has responsibility for the conduct of its affairs; “higher education course” means a course of a description for the time being mentioned in Schedule 1 to the Further Education (Northern Ireland) Order 1997 ; “higher education institution” means— a university; and a college of education; any other institution which provides higher education courses and is designated by regulations as a higher education institution for the purposes of this Article; and references to a higher education institution in Northern Ireland include references to the Open University; “university” includes a university college and any college, or institution in the nature of a college, in a university. 4 Regulations under this Article shall be subject to negative resolution. Premature retirement compensation costs 31 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Para. (4) rep. by 1997 NI 15 5 After Article 119 of the 1986 Order there shall be inserted the following Article— Recovery by Department of certain premature retirement compensation costs 119A 1 Where the Department becomes liable to pay premature retirement compensation in relation to a member of the staff of a special school, the Department may, where there appears to the Department to be good reason to do so, direct that— a a specified amount shall be charged to the responsible board in any single specified financial year; or b a specified amount shall be charged to the responsible board in each financial year for such period (not exceeding 10 years) as may be specified, in respect of premature retirement compensation costs of the Department in relation to that member of staff. 2 In paragraph (1)— “responsible board” means— in relation to a member of the staff of a controlled school, the board responsible for the management of the school; in relation to a member of the staff of a maintained school, the board by which the school is maintained; “specified” means specified in directions under that paragraph. 3 The amount or (in a case falling within sub-paragraph (b) of that paragraph) the total amount charged to a board in pursuance of a direction given under paragraph (1) in relation to a member of the staff of a special school shall not exceed such amount as appears to the Department to represent the cost, capitalised as of the date on which the direction is given, of discharging the Department's liability to pay premature retirement compensation to, or in respect of, that member of staff. 4 Where a board becomes liable to pay premature retirement compensation in relation to a member of the staff of— a a controlled school which does not have a delegated budget under Part V of the 1989 Order; or b an institution of further education which does not have a delegated budget under Part VII of that Order, the Department may, where there appears to the Department to be good reason to do so, direct that— i a specified amount shall be charged to that board in any single specified financial year; or ii a specified amount shall be charged to the board in each financial year for such period (not exceeding 10 years) as may be specified, in respect of premature retirement compensation costs of the board in relation to that member of staff. 5 In paragraph (4) “specified” means specified in directions under that paragraph. 6 For the purposes of paragraph (4)— a a controlled school does not have a delegated budget during any period when the right of the Board of Governors of that school to such a budget is suspended under Article 53 of the 1989 Order; b an institution of further education does not have a delegated budget during any period when the right of the governing body of that institution to such a budget is subject to any suspension, limitation or restriction under Article 117 of that Order. 7 The amount or (in a case falling within sub-paragraph (ii) of that paragraph) the total amount charged to a board in pursuance of a direction given under paragraph (4) in relation to a member of the staff of a school or institution of further education shall not exceed such amount as appears to the Department to represent the cost, capitalised as of the date on which the direction is given, of discharging the board's liability to pay premature retirement compensation to, or in respect of, that member of staff. 8 Where the Department becomes liable to pay premature retirement compensation in relation to a person employed otherwise than at a grant-aided school or institution of further education, the Department may, where there appears to the Department to be good reason to do so, direct that— a a specified amount shall be charged to the employer of that person in any single specified financial year; or b a specified amount shall be charged to the employer of that person in each financial year for such period (not exceeding 10 years) as may be specified, in respect of premature retirement compensation costs of the Department in relation to that employee. 9 In paragraph (8) “specified” means specified in directions under that paragraph. 10 The amount or (in a case falling within sub-paragraph (b) of that paragraph), the total amount charged to an employer in pursuance of a direction given under paragraph (8) in relation to an employee shall not exceed such amount as appears to the Department to represent the cost, capitalised as of the date on which the direction is given, of discharging the Department's liability to pay premature retirement compensation to, or in respect of, that employee. 11 Any amount charged by the Department to a board or an employer under this Article in any financial year shall be payable by the board or employer to the Department at such time or times and in such manner as the Department may direct. 12 In this Article— “member of staff” includes former member of staff; “premature retirement compensation” means compensation under Parts III and IV of the Teachers' (Compensation for Redundancy and Premature Retirement) Regulations (Northern Ireland) 1991 ; “premature retirement compensation costs of the board”, in relation to any person, means the costs incurred or to be incurred by the board in paying premature retirement compensation to, or in respect of, that person; “premature retirement compensation costs of the Department”, in relation to any person, means the costs incurred or to be incurred by the Department in paying premature retirement compensation to, or in respect of, that person. . Commercial activities Power of certain bodies to undertake commercial activities 32 1 Subject to the following provisions of this Article, a relevant body shall have power, with the approval of the Department, to undertake commercial activities which, apart from this Article, it would not have power to undertake. 2 An approval granted to a relevant body under this Article— a shall specify the particular commercial activities which the body has power to undertake under this Article in pursuance of the approval; b shall be subject to the general conditions for the time being specified in directions under paragraph (3); and c shall be subject to such other conditions as may be specified by the Department in the approval. 3 The Department shall issue directions specifying the general conditions regulating the undertaking by a relevant body of commercial activities in pursuance of an approval under this Article. 4 The Department shall consult all relevant bodies before issuing any directions under paragraph (3). 5 Subject to any conditions applying under this Article, a relevant body shall have power— a to do anything whatsoever which appears to the body to be calculated to facilitate, or to be conducive or incidental to, the exercise of any power conferred under this Article; and b to make such charge as the body considers appropriate for anything that it does in the exercise of any such power and to calculate any such charge on any basis that it considers to be the appropriate commercial basis. 6 Nothing in this Article authorises a relevant body— a to undertake any commercial activities which are detrimental to— i the performance by that body of any duty imposed on it by the Education Orders; or ii the interests of pupils or persons seeking to be provided with education under the Education Orders; or b to disregard any statutory provision or rule of law or to override any person's contractual or property rights. 7 Where it appears to the Department that a relevant body— a has failed to comply with any conditions subject to which an approval under this Article has been granted; or b has in undertaking any commercial activity in pursuance of such an approval contravened paragraph (6), the Department may, by notice served on that body,— i revoke the approval; or ii modify the approval, whether by modifying the particular commercial activities or any conditions specified therein. 8 The revocation or modification of an approval under this Article shall not affect the power of a relevant body to meet any contractual commitments outstanding at the date on which the notice under paragraph (7) is served on the body. 9 Any approval, directions or notice under this Article shall be in writing. 10 In this Article— “commercial activity” includes— the carrying out of work for any other body or person; the supplying of goods and services to any other body or person; and the developing and exploiting of ideas and the exploiting of intellectual property; “relevant body” means— the Authority ; or the Northern Ireland Council for the Curriculum, Examinations and Assessment. Para. (11) rep. by 1998 NI 13 Art. 33 rep. by 1997 NI 15 Art. 34 rep. by 1998 NI 13 Schools established in hospitals Schools established in hospitals 35 1 The 1989 Order shall have effect subject to the amendments in paragraphs (2) to (8) which exempt schools established in hospitals from certain provisions of that Order. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Para. (3) rep. by 1997 NI 5 Para. (4) rep. by 1997 NI 15 5 In Articles 68(2) and 90(2) (schools not eligible for grant-maintained integrated status and controlled integrated status, respectively) at the end there shall be added the following sub-paragraph— d a school established in a hospital. . 6 The following paragraph, namely— 0 This Article does not apply to a school established in a hospital. shall be added— Sub‐para. (a) rep. by 1998 NI 13 b in Article 125 (annual report of Board of Governors), as paragraph (7); c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 In Article 127 (application of provisions regulating charges in schools) in paragraph (1) after the words “paragraphs (2) to (5)” there shall be inserted the words “and Article 137(7)” and at the end of Article 137 there shall be added the following paragraph— 7 Nothing in this Chapter shall apply in relation to a school established in a hospital; but no charge shall be made in respect of admission to, or education or equipment provided to a pupil at, any such school. . 8 In Article 139(8) (schools ineligible to become community schools) for the words from “a voluntary school” to the end there shall be substituted the words “a school established in a hospital.” . 9 In Article 13 of the 1986 Order (Boards of Governors)— a after paragraph (3A) there shall be inserted the following paragraph— 3AA Where in the opinion of the board responsible for the management of a school established in a hospital it is likely to be impracticable for there to be elections of parent members at the school, the required number of parent members may be made up by persons appointed by the voting members of the Board of Governors of the school. ; b in paragraphs (3B), (3C) and (3D) after the words “paragraph (3A)” there shall be inserted the words “or (3AA)” ; c in paragraph (3E) after the words “paragraph (3A)” there shall be inserted “, (3AA)” . 10 After Article 131 of the 1986 Order there shall be inserted the following Article— Exceptions for schools established in hospitals 131A 1 The provisions of this Order listed in paragraph (2) shall not apply in relation to a school established in a hospital. 2 The provisions referred to in paragraph (1) are Articles 18, 21, 22, 48, 49, 58, 60 and 61. . Miscellaneous amendments to the 1986 Order Art. 36 rep. by 1998 NI 13 Limitation on membership of Boards of Governors 37 For Article 12 of the 1986 Order there shall be substituted the following Article— Limitation on membership of Boards of Governors 12 Except with the approval of the Department, no person shall at the same time hold office as a member of more than three Boards of Governors of grant-aided schools. . Standard of school premises 38 For Article 18 of the 1986 Order there shall be substituted the following Article— Standard of school premises 18 1 The Department shall issue directions specifying the standards to which premises of grant-aided schools shall conform. 2 Subject to paragraph (3), it shall be the duty of— a the board responsible for the management of a controlled school; b the Board of Governors of a grant-maintained integrated school; and c the trustees of a voluntary school, to secure that the premises of the school conform to the standards specified under this Article for schools of the description to which the school belongs. 3 Where the Department is satisfied that it would be unreasonable to expect the premises of a particular school to conform to the standards specified under this Article, it may exempt the school premises from conforming with such standards to such extent and for such time as it thinks appropriate. 4 Directions given under this Article by the Department— a shall be given in writing; and b shall be published by the Department in such manner as it thinks fit. . Appeals against expulsion of pupils 39 For Article 49 of the 1986 Order there shall be substituted the following Article— Suspension and expulsion of pupils 49 1 Each board shall prepare a scheme specifying the procedure to be followed in relation to the suspension or expulsion of pupils from schools under its management. 2 The Council for Catholic Maintained Schools shall prepare a scheme specifying the procedure to be followed in relation to the suspension or expulsion of pupils from Catholic maintained schools. 3 The Board of Governors of— a a voluntary school (other than a Catholic maintained school); b a grant-maintained integrated school, shall prepare a scheme specifying the procedure to be followed in relation to the suspension or expulsion of pupils from the school. 4 A scheme prepared under paragraph (1), (2) or (3) shall provide that a pupil may be expelled from a school only by the expelling authority and shall include provision for such other matters as may be prescribed. 5 In this Article “the expelling authority” means— a in relation to a pupil in a controlled school, the board responsible for the management of the school; and b in relation to a pupil in any other grant-aided school, the Board of Governors of the school. 6 Every board shall make arrangements for enabling— a the parent of a pupil at a grant-aided school situated in the area of the board; or b if the pupil has attained the age of 18 years, the pupil himself, to appeal against any decision of an expelling authority to expel the pupil from the school. 7 Any appeal by virtue of paragraph (6) shall be to an appeal tribunal constituted in accordance with regulations under paragraph (10). 8 On the hearing of an appeal under this Article the appeal tribunal may— a allow the appeal and direct that the pupil be re-admitted to the school; or b dismiss the appeal. 9 It shall be the duty of the expelling authority and, in the case of a pupil expelled from a controlled school, the Board of Governors of the school to comply with any direction given under paragraph (8)(a). 10 The Department shall by regulations provide for the constitution and procedure of appeal tribunals and, without prejudice to the generality of the foregoing, such regulations— a shall provide for an appeal tribunal to consist of a prescribed number of persons selected in the prescribed manner from a panel of persons appointed by the board to act as members of appeal tribunals under this Article; b may provide for disqualifying prescribed persons or descriptions of person for membership of an appeal tribunal; c may contain provision requiring an appeal tribunal to hear and determine an appeal within such period as may be specified in, or determined in accordance with, the regulations; d may provide for two or more appeal tribunals to sit at the same time; e may provide that all matters relating to the procedure on appeals which are not specifically regulated by the regulations shall be determined by the board. 11 An appeal tribunal shall not be regarded as a committee of the board. 12 Article 79(1) shall apply to members of an appeal tribunal in like manner as it applies to members of a board. . Arts. 40, 41 rep. by 1998 NI 13 Salaries and other terms and conditions of employment of teachers 42 1 In the 1986 Order for Article 69 there shall be substituted the following Article— Salaries and other terms and conditions of employment of teachers 69 1 Except as provided by paragraph (3)— a the rates of salaries and the allowances which are to be paid to teachers to whom this Article applies; and b the other terms and conditions of employment of such teachers, shall be determined by the Department. 2 This Article applies to— a teachers employed in grant-aided schools; b teachers employed in institutions of further education; and c peripatetic teachers. 3 In such circumstances and subject to such conditions as the Department may direct, the rates of salaries and the allowances which are to be paid to teachers of a class or description specified by the Department in the directions shall be determined by a body or person so specified. 4 Before giving any directions under paragraph (3), the Department shall consult— a such representatives of employing authorities and such representatives of teachers as appear to it to be concerned; and b any other person with whom consultation appears to it to be desirable. 5 In paragraph (4) “employing authority” means— a in relation to teachers employed in controlled schools and institutions of further education, the board by which they are employed; b in relation to teachers employed by the Council for Catholic Maintained Schools, that Council; c in relation to teachers employed in a voluntary school (other than a Catholic maintained school), the Board of Governors of that school; d in relation to teachers employed in a grant-maintained integrated school, the Board of Governors of the school; e in relation to peripatetic teachers, the board by which they are employed. 6 A determination under paragraph (1) or (3)— a shall be made in writing; b shall be published in such manner as the Department or, as the case may be, the body or person making the determination thinks fit; c may contain such transitional and supplementary provisions as the Department or, as the case may be, that body or person thinks fit; and d may have effect from a date earlier than the date on which it is made. 7 Where any question arises as to the rate of salary or allowance to be paid under this Article to a teacher— a where that rate of salary or allowance falls in accordance with directions under paragraph (3) to be determined by a body or person specified in those directions, the decision of that body or person shall, except on a question of law, be final; b in any other case, the decision of the Department shall, except on a question of law, be final. 8 The terms and conditions upon which a teacher (other than a temporary or part-time teacher) is employed shall be set out in an agreement entered into between the teacher and the employer and the agreement shall be in such form as may be approved by the Department. . 2 In Article 70 of the 1986 Order the following provisions (which relate to terms and conditions of employment of teachers and are superseded by paragraph (1)) shall cease to have effect, namely— a paragraph (1)(b); b paragraph (3). 3 Subject to paragraph (4), any regulations which— a were made under Article 69 or 70(1)(b) of the 1986 Order; and b were in operation immediately before the coming into operation of this Article, shall, in so far as they relate to teachers to whom Article 69 of the 1986 Order (as substituted by paragraph (1)) applies, have effect as from the coming into operation of this Article as if they were determinations made by the Department under Article 69(1) of the 1986 Order (as so substituted). 4 Any provisions included in any regulations mentioned in paragraph (3) by virtue of Article 69(3) of the 1986 Order shall, in so far as they relate to teachers so mentioned, have effect as from the coming into operation of this Article as if they were directions given by the Department under Article 69(3) of the 1986 Order (as substituted by paragraph (1)). 5 Until the day appointed for the coming into operation of Article 41, Article 69 of the 1986 Order (as substituted by paragraph (1)) shall apply to supply teachers as it applies to the teachers listed in paragraph (2) of that Article; and for the purposes of paragraph (4) of that Article as so applying the “employing authority” in relation to supply teachers means the body by which they are employed. Charges for library services 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insurance by boards 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous amendments to the 1989 Order Art. 45 rep. by 1996 NI 1 Art. 46 rep. by 1998 NI 13 Complaints relating to religious education and collective worship 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Capital charges in voluntary grammar schools 48 For Article 132 of the 1989 Order there shall be substituted the following Articles— Capital charges in voluntary grammar schools to which Articles 128 to 131 apply where agreement under paragraph 1(1)(b) of Schedule 6 to the principal Order is, or has been, in force 132 1 This Article applies to a voluntary grammar school to which Articles 128 to 131 apply if— a an agreement with the Department under paragraph 1(1)(b) of Schedule 6 to the principal Order is in force in relation to the school; or b such an agreement was in force in relation to the school at any time on or after 1 April 1992. 2 Notwithstanding anything in Articles 128 to 131, the Board of Governors of such a school may make a charge in respect of any pupil registered at the school for the purpose of meeting expenditure incurred or to be incurred— a for the provision or alteration of the premises of the school; b for the provision of equipment provided in connection with the provision or alteration of the premises of the school. 3 A charge under paragraph (2) shall, in the case of pupils of a prescribed description, not exceed such amount as may be prescribed. 4 References in paragraph (2) to the premises of the school do not include premises used wholly or mainly for boarding purposes. Capital charges in voluntary grammar schools to which Articles 128 to 131 apply where agreement is in force under paragraph 1(1)(a) of Schedule 6 to the principal Order 132A 1 This Article applies to a voluntary grammar school to which Articles 128 to 131 apply if— a an agreement with the Department under paragraph 1(1)(a) of Schedule 6 to the 1986 Order is in force in relation to the school; and b immediately before the coming into force of that agreement, an agreement with the Department was in force under paragraph 1(1)(b) of Schedule 6 to the 1986 Order. 2 Notwithstanding anything in Articles 128 to 131, the Board of Governors of such a school may, for such period after the date on which the agreement mentioned in paragraph (1)(a) comes into force as the Department may direct, make a charge in respect of any pupil registered at the school for the purpose of meeting expenditure incurred— a for the provision or alteration of the premises of the school; b for the provision of equipment provided in connection with the provision or alteration of the premises of the school. 3 Paragraphs (3) and (4) of Article 132 shall apply for the purposes of paragraph (2) of this Article as they apply for the purposes of paragraph (2) of that Article. . Appointment of foundation governors of grant-maintained integrated schools 49 In Schedule 5 to the 1989 Order in paragraph 2(2) in the definition of “foundation governors” for paragraph (b) there shall be substituted the following paragraph— b on any subsequent appointment to the Board of Governors— i where the instrument of government of the school makes provision for the appointment of foundation governors for the purposes of this Schedule, in accordance with that instrument; and ii in any other case, by the persons holding office as foundation governors, . Article 50—Amendments and Repeals