F1Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 1(1)(a) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)
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.