Private Schools Conditional Integration Act 1975

Part 6 Proprietors of an integrated school

40 Powers and responsibilities of proprietors

(1)

The proprietors of an integrated school shall, subject to section 3, exercise such powers and accept such responsibilities as may be specified in any integration agreement to which they are a party.

(2)

Subject to the provisions of subsection (1), the proprietors of an integrated school—

(a)

own, hold upon trust, or lease the land and buildings that are specified in the integration agreement as constituting the school premises; and

(b)

shall accept and meet the liability for all mortgages, liens, and other charges upon the said land and buildings; and

(c)

shall plan, pay for, and execute, over such period as may be specified in the integration agreement, such improvements to the school buildings and associated facilities, as may be required in accordance with the integration agreement to bring the said buildings and associated facilities up to the minimum standard laid down from time to time by the Secretary for State schools; and

(d)

shall plan, execute, and pay for such capital works as may be approved or required, from time to time, by the Minister, with a view to replacing, improving, or enlarging the school, its buildings, and its associated facilities in order to maintain the school, its buildings, and its associated facilities at the minimum standard laid down from time to time by the Secretary for comparable State schools; and

(e)

may own, hold upon trust, or lease and control, and maintain any land, buildings, and associated facilities that, although not part of the integrated school in terms of the integration agreement, are regarded by the proprietors as appropriate to maintain the special character of the school; and

(f)

may, in conjunction with the controlling authority, make provision for the accommodation of pupils living away from home, including such provision for pupils attending primary schools; and

(g)

must insure all the buildings, chattels, and other assets owned, held upon trust, or leased by the proprietors for the purposes of the school against risks normally insured against in some reputable insurance office; and

(h)

shall arrange with their insurers that the policy of such insurance shall be endorsed to the effect that the benefit of the indemnity provided by the policy shall extend to the Minister in respect of any such buildings, chattels, and other assets paid for in whole or in part by loan or grant made out of money appropriated by Parliament:

provided that, in any case where the proprietors have not arranged with their insurers for the benefit of any such policy to extend to the Minister, no money appropriated by Parliament shall be used to pay any part of the cost of repairing or replacing any such buildings, chattels, or other assets which have been destroyed or damaged from any cause whatsoever:

provided also that any additional charges by way of premium made by the insurer in respect of the extension of the benefit of any such policy of insurance to the Minister shall not be met out of money appropriated by Parliament; and

(i)

shall, together with its servants, agents, and licensees, have at all reasonable times access to the school to ensure that the special character of the school is being maintained:

provided that, subject to section 41, such right of access shall not give the proprietor the right to question the curriculum or the teaching methods adopted by the teachers, both of which shall, subject to the provisions of the Education Act 1964 and of this Act, be controlled by the principal of the school.

Section 40(1): amended, on 29 July 1977, by section 8 of the Private Schools Conditional Integration Amendment Act 1977 (1977 No 10).

Section 40(2)(a): amended, on 19 December 1998, by section 13(1) of the Private Schools Conditional Integration Amendment Act 1998 (1998 No 119).

Section 40(2)(c): amended, on 1 October 1989, pursuant to section 144(2) of the Education Act 1989 (1989 No 80).

Section 40(2)(d): amended, on 1 October 1989, pursuant to section 144(2) of the Education Act 1989 (1989 No 80).

Section 40(2)(e): amended, on 19 December 1998, by section 13(2) of the Private Schools Conditional Integration Amendment Act 1998 (1998 No 119).

Section 40(2)(g): replaced, on 19 December 1998, by section 13(3) of the Private Schools Conditional Integration Amendment Act 1998 (1998 No 119).