SCHEDULE 3MODIFIED APPLICATION OF REGULATIONS

PART IIPersons Employed in Educational Establishments

2

In this Part of this Schedule “educational employment” means employment—

a

at a single school or institution maintained by a local education authority which for the time being has a delegated budget within the meaning of Chapter IV of Part II of the School Standards and Framework Act 199845 or section 85 of the Further and Higher Education Act 199246;

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.