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

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Compensation

6.—(1) The Local Government (Compensation) Regulations 1963 to 1970(1) shall, with the necessary adaptations, apply to—

(i)persons employed before the appointed day for the purpose of functions of local health authorities; and

(ii)persons transferred by virtue of article 4 above—

who suffer loss of employment or loss or diminution of emoluments which is attributable to section 1 of the Education (Handicapped Children) Act 1970 as they apply to persons who suffer such loss or diminution which is attributable to the enactments mentioned in regulation 4 of the Local Government (Compensation) Regulations 1963(2) as amended(3).

(2) The National Health Service (Compensation) Regulations 1971 shall, with the necessary adaptations, apply to other persons employed before the appointed day for the purpose of functions of regional hospital boards who suffer loss of employment or loss or diminution of emoluments which is attributable to section 1 of the Education (Handicapped Children) Act 1970 as they apply to persons who suffer such loss or diminution which is attributable to any such provision, event or order as is mentioned in regulation 4 of those regulations.

(3) For the purposes of paragraph (1) of this article the compensating authority shall be—

(a)in the case of a person who on the appointed day is employed for the purpose of functions of a local education authority, that authority;

(b)in the case of any other person, the local health authority for the purpose of whose functions he was employed immediately before the appointed day.

(1)

S.I. 1963/999, 1965/571, 1968/913, 1970/1889 (1963 II, p. 1634; 1965 I, p. 1786; 1968 II, p. 2407; 1970 III, p. 6239).

(2)

(1963 II, p. 1634).

(3)

The relevant amending instruments are S.I. 1965/571, 1970/1889.

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