Part 1: Main Provisions Section 38 and Schedule 17: Temporary continuity: education, training and childcare Part 3 –Northern Ireland
The provisions give the Department of Education (DE) the power to issue a direction to the Education Authority or schools. This direction is called a Temporary Continuity Direction.
	A temporary continuity direction is one which insists that the body (or bodies) named in the direction should take such action as DE considers appropriate in connection with the provision of education or any services that DE specifies are in relation to educational services.
	DE must have regard to advice from the Chief Medical Officer (or deputies) prior to the issue of a direction under this provision. DE must also be satisfied that the direction must be necessary and proportionate and lead to action that allows the continuation of education in NI at the time of a COVID-19 outbreak.
	The Schedule describes the kind of information that can be included in a Temporary Continuity Direction.
	The body named in a direction must consider DE advice on how to meet the terms of the direction. DE has a duty to publish all directions.
	Should the body named in a direction (be that the Education Authority or a school or schools) not comply, in the opinion of DE, with the terms of a direction then DE has the power to apply to a court for an injunction to enforce the direction.
	Should DE apply for an injunction against any body it does not have to inform the body prior to the application.
	Should a direction include an alteration of term dates or holiday dates, this section allows for a relaxation of schools’ duties in relation to these dates.
	The provisions also give the Department for the Economy (the "Department") the power to issue a Temporary Continuity Direction to further education colleges or higher education institutions.
	A temporary continuity direction is one which requires the institutions named in the direction to take such action as the Department considers appropriate in connection with the provision of further and higher education or any services that the Department specifies are in relation to educational services.
	The Department must have regard to advice from the Chief Medical Officer (or deputies) prior to the issue of a direction under this provision. The Department must also be satisfied that the direction must be necessary and proportionate and lead to action that allows the continuation of education in Northern Ireland at the time of a COVID-19 outbreak.
	The Department has a duty to publish all directions. Should the institutions named in a direction not comply with the terms of a direction then the Department has the power to apply to a court for an injunction to enforce the direction. Should the Department apply for an injunction against any body it does not have to inform the body prior to the application.
	The Department of Health in Northern Ireland may also give temporary continuity directions that apply to registered day care providers and childminders under paragraph 16 of the Schedule.
	The territorial extent and application of section 38(1) and Part 1 of the Schedule is England and Wales only, the territorial extent and application of section 38(2) and Part 2 of the Schedule is Scotland only and the territorial extent and application of section 38(3) and Part 3 of the Schedule is Northern Ireland only.