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

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8.—(1) This paragraph shall, subject to sub-paragraph (4) thereof, apply to a transferred employee to whom there applied immediately before the appointed day section 16 (modifications applicable to female nursing, etc. staff) of the Act as originally enacted by virtue of an option to retain existing benefits under regulation 17 of the Local Government Superannuation (Benefits) Regulations 1954, or regulation 21 or 22 or regulation 23 of the said Regulations of 1954, save as provided in the next following sub-paragraph, so long as he continues in his new employment without any break in that employment.

(2) Where a person's duties are changed and his new duties are such that he is not such a person as is mentioned in the said section 16 or in paragraph (1) of the said regulation 21, or, where the said regulation 23 applied to him immediately before the appointed day, such a person as is mentioned in that regulation, then—

(a)if the change is made at his request, this paragraph shall cease to apply to him on the change taking effect;

(b)if the change is made otherwise than at his request and within six months thereof he gives notice in writing to the local authority that he does not desire this paragraph to apply in his case, this paragraph shall cease to apply to him on his giving the said notice.

(3) Without prejudice to the application of the provisions mentioned in sub-paragraph (1) of this paragraph to a person otherwise than by virtue of this paragraph, so long as this paragraph applies to a transferred employee any of the said provisions which applied to him immediately before the appointed day shall continue to apply in his case, notwithstanding that on or after the appointed day he ceases to be such a person as is mentioned in the said provision.

(4) In relation to a person to whom the Manchester Superannuation (Benefits) Scheme 1955 applies, this paragraph shall have effect as if for any references to the said section 16, the said regulation 17 and the said regulation 23 there were substituted respectively references to section 47 of the Manchester Corporation Act 1946, and articles 25 and 23 of the said scheme.

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