SCHEDULE 3MODIFIED APPLICATION OF REGULATIONS
PART IIPersons Employed in Educational Establishments
2
In this Part of this Schedule “educational employment” means employment—
a
b
at a school or institution without a delegated budget and which is maintained by a local education authority;
c
by a local authority otherwise than at a school or institution;
d
at a maintained school or institution with a delegated budget where that employment was concurrent with employment—
i
at another such school or institution; or
ii
within paragraph (b);
e
at an institution conducted by a further education corporation or a higher education corporation;
f
at a designated institution.
3
Part IV of these Regulations applies with the modifications in paragraphs 4 to 6.
4
Where employment of the kind specified in paragraph 2(a) is terminated, and the employing authority is the local education authority, they must certify that the termination is for a reason mentioned in regulation 4(1)(a)(i), (ii) or (iii) if the governing body of the school or institution concerned request them to do so.
5
Where the terminated employment was educational employment—
a
regulations 7 and 8 apply as if, for references to the employing authority, there were substituted references—
i
where the employment is within (a) or (f) of paragraph 2, to the governing body of the school or institution;
ii
where the employment is within (b), (c) or (d) of paragraph 2, to the local education authority;
iii
where the employment is within (e) of paragraph 2, to the corporation; and
b
references in regulations 20(1), 21(4), (5) and (7), 25(2), 27, 28 and 31 to the employing authority shall be read as references to the paying authority.
6
1
Unless either sub-paragraph (2) or (3) makes different provision, the paying authority in relation to an eligible person whose terminated employment was educational employment is—
a
the local education authority, for employments within paragraph 2(a) to (d);
b
the corporation, for employments within paragraph 2(e);
c
the governing body of the institution, for employments within paragraph 2(f).
2
Where—
a
the terminated employment was of a kind specified in paragraph 2(e) or (f), and
b
as the result of any amalgamation, merger or other arrangement, the institution becomes part of another (“the successor establishment”) and ceases to have a separate governing body,
the governing body of the successor establishment is the paying authority.
3
Where—
a
the terminated employment was of a kind specified in paragraph 2(e) or (f), and
b
the institution closes and there is no successor establishment,
the Secretary of State is the paying authority.
7
Regulation 31 shall have effect as if the following were added at the end—
5
Where the terminated employment was of a kind specified in paragraph 2(d) or (e) of Schedule 2, the Secretary of State may—
a
require the governing body of the school to repay him any amounts paid by him by way of compensation;
b
accept from the governing body a single payment of a sum equal to the actuarial value of the total compensation payable; or
c
accept from them the payment of such sum by not more then five annual instalments.