Search Legislation

The Change of Category of Maintained Schools (Wales) Regulations 2001

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART II

7.—(1) Where—

(a)a foundation or voluntary aided school changes category to become a community or voluntary controlled school; or

(b)a foundation special school changes category to become a community special school,

the contract of employment between a person to whom this paragraph applies and the governing body shall have effect from the implementation date as if originally made between that person and the local education authority.

8.  Without prejudice to paragraph 7—

(a)all the governing body’s rights, powers, duties and liabilities under or in connection with the contract of employment shall by virtue of this paragraph be transferred to the local education authority on the implementation date; and

(b)anything done before that date by or in relation to the governing body in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the local education authority.

9.  Subject to paragraph 10, paragraph 7 shall apply to any person who immediately before the implementation date is employed by the governing body to work at the school in question.

10.  Paragraph 7 shall not apply to any person whose contract of employment terminates on the day immediately preceding the implementation date.

11.  A person who before the implementation date has been appointed by the governing body to work at the school as from the implementation date or a date thereafter shall be treated for the purposes of paragraph 9 as if that person had been employed by the governing body immediately before the implementation date to do such work at the school as he or she would have been required to do on or after that date under his or her contract of employment with the governing body.

12.  Paragraphs 7 and 8 are without prejudice to any right of an employee to terminate the contract if a substantial change is made to the employee’s detriment in his or her working conditions, but no such right shall arise by reason only of the change in employer effected by these Regulations.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources