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

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Terms and conditions of service

7.—(1) Any person employed before the appointed day for the purpose of functions of a local health authority or a regional hospital board who on the appointed day is in consequence of section 1 of the Education (Handicapped Children) Act 1970 employed for the purpose of functions of a local education authority shall, so long as he continues in that authority's employment for the purpose of those functions, enjoy terms and conditions of employment not less favourable than those he enjoyed immediately before that date, except as regards the scale of his salary or remuneration if on that date or afterwards he ceases to be engaged in duties reasonably comparable to those in which he was engaged immediately before that date; and in the event of his ceasing to be so engaged, the scale of his salary or remuneration shall also be not less favourable so long as he has not been served with a statement in writing of new terms and conditions of employment.

(2) If any question arises whether the duties in which a person is engaged on or after the appointed day are reasonably comparable to those in which he was engaged before that date it shall be referred to a tribunal established under section 12 of the Industrial Training Act 1964 and the decision of that tribunal shall be final.

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