Commentary on Sections
Section 1 (The Education Authority) establishes the Education Authority and applies Schedule 1, which puts in place arrangements for membership of the Authority and also provides for the financing of the Authority and the governance and accountability arrangements.
Section 2 (Functions of the Authority) provides that the functions of the Authority are those that would have been carried out by the ELBs under the terms of the Education Orders prior to this legislation. It places additional duties on the Authority to encourage, facilitate and promote shared education and the community use of school premises.
Section 3 (Dissolution of education and library boards and Staff Commission) formally dissolves the ELBs and their Staff Commission and (in conjunction with Schedule 2) provides for the transfer to the new Education Authority of all their assets, liabilities and staff.
Section 4 (Funding of sectoral bodies) allows the Department to pay grants to a body which it recognises as representing the interests of controlled schools, or grant-aided schools of any other particular description.
Section 5 (Amendments, repeals and other consequential provision) introduces schedules 3 and 4, which contain minor and consequential amendments and repeals, respectively. It also provides for the Department by order to make such supplementary, incidental, consequential or transitional provision as may be required in connection with the purposes of the Act.
Section 6 (Interpretation) contains definitions of terms used in the Act.
Section 7 (Short title and commencement) contains the short title of the Act and provisions for its commencement.
Schedule 1 (The Education Authority) contains provisions in relation to the status, membership, tenure of office of members, remuneration and allowances of members and employees and proceedings of the Education Authority. The schedule also makes provision in relation to finance, accounts and reporting and returns.
Schedule 2 (Transfer of assets, liabilities and staff of dissolved bodies) makes provision for the transfer of assets, liabilities and staff of ELBs and the Staff Commission. Staff will be afforded protection of their terms and conditions of employment under the Transfer of Undertakings (Protection of Employment) Regulations 2006, and protection of their rights to accrue pension benefits.
Schedule 3 (Minor and consequential amendments) makes provision for minor and consequential amendments.
Schedule 4 (Repeals) makes provision for various repeals.