Section 3A Special provisions for teachers on transfer of employment.F3

England and Wales

(F11)

This section applies where—

(a)

a community, foundation or voluntary or community or foundation special school is established in place of an independent school in pursuance of proposals published under section 28 or 31 of the School Standards and Framework Act 1998, and

(b)

a school teacher employed to teach at that independent school becomes employed by the local education authority or (as the case may be) the governing body in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 1981.

(2)

A pay and conditions order shall not apply to the statutory conditions of employment of such a teacher unless he gives notice in writing to the new employer that the order is to so apply.

(3)

Where the governing body of F2a foundation, voluntary aided or foundation special school receive notice given under subsection (2) above, they shall inform the local education authority.

Annotations

Textual amendments

F1: S. 3A(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 27(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1
F2: Words in s. 3A(3) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 27(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1
F3: S. 3A (which was inserted (1.4.1994) by 1993 c. 35, s. 289; S.I. 1994/507, art. 4, Sch. 2) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 101(3) (with ss. 1(4), 561, 562, Sch. 39)

Notes on the whole Act

Textual amendments

F1: Act repealed (1.10.2002 as regards s. 1 and Sch. otherwise prosp.) by Education Act 2002 (c. 32), { ss. 130}, 216(2), {Sch. 22 Pt. 1}; S.I. 2002/2439, art. 2