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Education (Northern Ireland) Order 1998

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Absence of relevant discharge termsN.I.

5.—(1) Sub-paragraph (2) applies where—N.I.

(a)the result of a determination or order made by a court on an application for judicial review is that a certified contract does not have effect; and

(b)there are no relevant discharge terms having effect between [F1the Authority] and a person who is a party to the contract.

(2) That person shall be entitled to be paid by [F1the Authority] such sums (if any) as he would have been entitled to be paid by [F1the Authority] if the contract—

(a)had had effect until the time when the determination or order was made; but

(b)had been terminated at that time by acceptance by him of a repudiatory breach by [F1the Authority].

(3) For the purposes of this paragraph the circumstances in which there are no relevant discharge terms having effect between [F1the Authority] and a person who is a party to the contract include (as well as circumstances in which no such terms have been agreed) circumstances in which the result of a determination or order of a court, made (despite paragraph 4(4)) on an application for judicial review, is that such terms do not have effect.

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