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

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7.  Where immediately before a transferred employee is transferred it is the prevailing practice of the authority employing him to exercise beneficially (that is to say, to secure the payment of gratuities, allowances or pensions, or of increased pensions or lump sum benefits) any discretionary power exercisable by them by virtue of any statutory provision relating to pensions, it shall be the duty of the Inner London Education Authority in relation to that transferred employee, if he has continued in their employment without a break of 12 months or more and has not, during any break, become an employee of some other local authority, to exercise that power (or any corresponding power under the statutory provisions relating to pensions for the time being in force) in a way which is not less beneficial than that practice; and section 35 of the Act shall apply to any question arising under this paragraph.

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