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The Education of Handicapped Children (Transfer of Staff and Property) Order 1971

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Determination of questions under articles 3 and 4

5.—(1) If any question arises whether a person is so employed as is described in either of the two preceding articles (“the transfer articles”) it shall be referred not later than 30th April 1971 to a tribunal established under section 12 of the Industrial Training Act 1964 and the decision of that tribunal shall be final.

(2) Where any such question is pending as regards any person on the appointed day, the relevant transfer article shall not apply to that person unless and until the tribunal determine that he was employed as is in that article provided and, if the tribunal so determine, that article shall have effect with the substitution for the reference to the appointed day of a reference to the fourteenth day following the day upon which the decision of the tribunal is notified.

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