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The Local Authorities etc. (Staff Transfer and Protection) Order 1974

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Application of transfer provisions

5.—(1) Any provision in this order for the transfer of officers of any authority applies to any officer who on 31st March 1974 is in the employment of such authority, but in the case of a person not in the whole-time employment of the authority the transfer effected by such provision in its application to the authority is limited to the extent of his employment with the authority.

(2) Subject to paragraph (3), no provision of this order for the transfer of officers, in its application to any authority, applies to—

(a)any person who will by virtue of any agreement entered into between him and any other authority enter into the employment of that other authority before or on 1st April 1974;

(b)any person as regards any employment which, otherwise than by virtue of the abolition of authorities effected by the Act or the Water Act 1973, is to be terminated on 31st March 1974;

(c)any person for whose transfer provision is made in any order made under section 18 of the National Health Service Reorganisation Act 1973; or

(d)any officer employed wholly or mainly for police purposes including the purposes of section 24 or 81 of the Road Traffic Regulation Act 1967.

(3) In paragraph (2), item (a) does not extend to any person who is under the Water Authorities (Retirement of Chief Officers) Regulations 1974(1) entitled to elect that section 260 of the Act shall, and that section 259 of the Act shall not, apply to him.

(4) In the said paragraph, item (d) does not extend to a school crossing patrol employed by the council of an administrative county or county borough.

(1)

(1974 I, p. 230).

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