1(1)This paragraph applies where it appears to the Secretary of State that on the date specified in an order under section 46 of this Act (in the following provisions of this Schedule referred to as a “section 46 order”) all or any of the premises used for the purposes of the institution to which the order relates are to be used for the purposes—E+W
(a)of a community home, or
(b)of a school of any of the following descriptions, namely, a county school, a voluntary school which is a controlled or aided school, or a special school;
and in this Schedule “the specified date”, in relation to an institution to which a section 46 order relates, means the date specified in that order.
(2)Where this paragraph applies the Secretary of State may, by the section 46 order, make such provision as he considers appropriate with respect to—
(a)the transfer of existing staff to the employment of the authority, voluntary organisation or other body of persons responsible for the employment of persons at the community home or school, as the case may be; and
(b)the transfer to a local authority or voluntary organisation specified in the order of any liabilities (including contingent and future liabilities) with respect to the payment of superannuation and other benefits to or in respect of existing staff and retired staff.
[F1(3)In respect of any such superannuation or other benefits as are referred to in sub-paragraph (2)(b) of this paragraph, being benefits to which a person became entitled before the specified date and to which the M1Pensions (Increase) Act 1971 does not apply, the section 46 order may contain such provisions for securing the payment of additional amounts (calculated by reference to increases under that Act or under any enactment repealed by it) as the Secretary of State considers appropriate having regard to any arrangements obtaining with respect to those benefits before the specified date.]
(4)Where this paragraph applies the section 46 order—
(a)shall contain provisions for the protection of the interests of any existing staff whose employment is transferred as mentioned in sub-paragraph (2)(a) of this paragraph;
(b)may contain provisions for the protection of the interests of existing staff whose employment is not so transferred; and
(c)may contain provisions applying, amending or repealing any provision made by or under any enactment and relating to the conditions of service of existing staff or the payment of superannuation and other benefits to or in respect of existing or retired staff;
and in a case falling within sub-paragraph (1)(b) of this paragraph any provisions made under paragraph (a) of this sub-paragraph shall have effect notwithstanding any provision made by or under any enactment and relating to the remuneration of teachers.
(5)In this paragraph “existing staff” in relation to a section 46 order means persons who, immediately before the specified date, were employed for the purposes of the institution to which the order relates, and “retired staff” in relation to such an order means persons who, at some time before the specified date, were employed for those purposes but ceased to be so employed before the specified date.
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