The Education Act 1998 provides the legal structure for primary schools in Ireland. Each school is run by a Board of Management, which is a corporate entity created by statute. As such, it has the powers bestowed on it by the enabling statute, in this case the Education Act 1998. As the legislation does not explicitly give property powers to a Board of Management, the view is that a Board of Management cannot own property and as such it cannot be a property landlord or licensor.
The correct entity to give consent for use of the school is the property owner, that is, the Trust or Trustees. Depending on the Diocese in which your school is based, the consent of the Parish Priest/Administrator/Moderator may also be required.
The documents linked below outline the steps to be followed by a Board of Management of a Catholic Primary School, held by a diocesan trust/trustees, in the Archdiocese of Cashel & Emly or the Dioceses of Killaloe, Kerry or Limerick, in order to obtain the approval of the Trust/Trustees for the use of school buildings by a Private Childcare Operator.
Any requests for Patron/Trustee approval or queries on the above may be directed to Gwen O’ Sullivan, 061 347777 or gwen.osullivan@limerickdiocese.org