Paragraph 3
The provisions of this paragraph shall have effect on a decision the tribunal that an officer who has been treated as employed or as operate in a manner specified in an item in paragraph 2 of this Schedule is not or not so employed or does not or did not so operate.
On any decision that an officer of an authority named in column, (1) the following table is not or was not employed or does not or did not operate specified in an item included in respect of such authority in column (2) tribunal shall decide whether the officer is or was employed or does or operate as specified in the items included in respect of such first-mention item in column (3).
| (1) | (2) | (3) |
|---|---|---|
| Any council named in column (1) of Schedule 1 | (ii) | (iii) and (iv) |
| (iii) | (ii) and (iv) | |
| (iv) | (ii) and (iii) | |
| The London County Council or the county council of Middlesex | (vii) | (viii) |
| (viii) | (vii) | |
| (ix) | (x) | |
| (x) | (ix) | |
| (xi) | (xii) | |
| (xii) | (xi) | |
| The county council of Essex, Hertfordshire, Kent or Surrey | (xiv) | (xv), (xvi) and (xvii) |
| (xv) | (xiv), (xvi) and (xvii) | |
| (xvi) | (xiv), (xv) and (xvii) | |
| (xvii) | (xiv), (xv) and (xvi) |
On any decision notified after 31st March 1965 that an officer council named in column (1) of Schedule 3 was not employed as specin—
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item (i), or
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item (ii), (iii) or (iv),
officer shall at the specified time be transferred to the employment of the authority specified in respect of such council in column (2).
On any decision notified after 31st March 1965 that an officer of the Common Council or of the urban district council of Chigwell was not employed as specified in item (ii), (iii) or (iv), the officer shall at the specified time be transferred to the employment of the Common Council or of the urban district council.
On any decision that an officer of the council of the metropolitan borough of Battersea, Lambeth or Wandsworth or of the urban district of Chislehurst and Sidcup is not or was not employed as specified in—
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item (ii), (iii) or (iv),
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item (v), or
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item (vi),
the councils of the London boroughs of Lambeth and Wandsworth or of the London boroughs of Bexley and Bromley, as the case may be, shall—
if the decision is notified before 1st April 1965, include the officer in the scheme made by them under article 5(3) or (4);
if the decision is notified after 31st March 1965, determine the council to whose employment the officer should have been transferred, and where the officer is not in the employment of such council he shall at the specified time be transferred thereto.
On any decision that an officer of the London County Council or the county council of Middlesex (not being, in the case of the London County Council, an officer transferred by or under article 6(1) or (2)) is not or was not employed or does not or did not operate as specified in—
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item (vii) or (viii),
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item (ix) or (x), or
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item (xi) or (xii),
the tribunal shall decide whether the officer is or was employed wholly or substantially so in the discharge of functions exercisable after 31st March 1965 by the specified councils.
If the tribunal so decides, then—
if the decision is notified before 1st April 1965, the London County Council or the county council of Middlesex, as the case may be, shall, after such consultation as they consider appropriate, include the officer in the scheme made by them under article 6(7) or except him from such scheme in accordance with ( a) of the proviso thereto;
if the decision is notified after 31st March 1965, the Greater London Council shall, after such consultation as they consider appropriate, determine the specified council to whose employment the officer should be transferred, or whether he should be transferred to the employment of the Greater London Council or of a London borough council other than a specified council as if the proviso to article 6(7) had applied and the date upon which the officer should be so transferred. On such date, the officer shall be transferred in accordance with the determination.
If a decision of the tribunal that the officer was not employed as aforesaid is notified after 31st March 1965, the officer shall at the specified time transferred to the employment of the Greater London Council.
On any decision notified after 31st March 1965 that an officer of London County Council or the county council of Middlesex was not employ as specified in item (xiii) the officer shall at the specified time be transferred to the employment of the Greater London Council.
On any decision that an officer of the county council of Essex, Hertfordshire, Kent or Surrey is not or was not employed or does not or did operate as specified in item (xiv), (xv), (xvi) or (xvii), then—
if the decision is notified before 1st April 1965, the county council may, after such consultation as they consider appropriate, include the officer in the scheme made by them under article 7(4);
if the decision is notified after 31st March 1965, the county council may, after such consultation as they consider appropriate, determine whether the officer should be transferred to employment of a specified council, or to the employment of London borough council other than a specified council, article 7(4) had applied. If they so determine the officer shall the specified time be transferred in accordance with the determination. If they do not so determine the officer shall at specified time be transferred to the employment of the county council.
Subject to the provisions of sub-paragraphs (2) to (8) of this paragraph the officer shall be transferred by article 8.