Education Act 1998

Patron of school.

8

8.(1) (a) The person who, at the commencement of this section, is recognised by the Minister as the patron of a primary school, and

(b) the persons who, at the commencement of this section, stand appointed as trustees or as the board of governors of a post-primary school and, where there are no such trustees or such board, the owner of that school,

shall be deemed to be the patron for the purposes of this Act and the Minister shall enter his, her or their name, as appropriate, in a register kept for that purpose by the Minister.

(2) In any case other than that provided in subsection (1), the patron of a recognised school shall be the person who requested recognition of the school or a nominee of such person and the name of that person shall be entered in the register.

(3) The Minister may amend the register in respect of any school on the application of the person who stands for the time being registered as the patron or of the successor to that person.

(4) In the case of a school established or maintained by F17[an education and training board, that board] shall be the patron of the school for the purposes of this Act.

(5) Where two or more persons exercise the functions of a patron they may be registered as joint patrons.

(6) The patron of a school shall carry out the functions and exercise the powers conferred on the patron by this Act and such other functions and powers as may be conferred on the patron by any Act of the Oireachtas or instrument made thereunder, deed, charter, articles of management or other such instrument relating to the establishment or operation of the school.

F18[(6A) The patron of a school shall cooperate, and shall ensure cooperation by the board of the school, with the National Council for Special Education in the performance by the Council of its functions under the Education for Persons with Special Educational Needs Act 2004 relating to the provision of education to children with special educational needs, including, in particular, by the provision and operation of a special class or classes when requested to do so by the Council.

(6B) The patron shall ensure that the admission policy of the school accommodates the admission of children with a disability or other special educational needs.

(6C) The patron shall comply with any direction served on the patron under section 37A.]

(7) In this section—

person” includes a body of persons;

school” includes a proposed school.

Annotations

Amendments:

F17

Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72(1) and sch. 6 item 27, S.I. No. 211 of 2013.

F18

Inserted (25.07.2022) by Education (Provision in Respect of Children with Special Educational Needs) Act 2022(22/2022), s. 3, S.I. No. 382 of 2022.

Modifications (not altering text):

C4

National Council for Special Education established under Act construed as National Council for Special Education (1.10.2005) by Education for Persons with Special Educational Needs Act 2004 (30/2004), s. 45(2), S.I. No. 636 of 2005.

Dissolution of body established under section 54 of Act of 1998.

45.—(1) The National Council for Special Education (referred to in subsequent sections of this Act as the “former Council”) established by order under section 54 of the Act of 1998 is dissolved.

(2) References to the National Council for Special Education in an enactment (other than this Act) or in an instrument made thereunder or in the memorandum of association or articles of association of any company (within the meaning of the Companies Acts 1963 to 2001) or any other legal document, shall be construed, on and after the commencement of this section, as references to the Council.