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3Special provisions as to grant-maintained schools

(1)A pay and conditions order shall not apply to the statutory conditions of employment of the school teachers in a grant-maintained school the governing body of which—

(a)have, by notice to the Secretary of State, made an application for exemption; and

(b)pursuant to that application are for the time being exempted from subsections (6) and (7) of section 2 above by virtue of an order under subsection (4) below.

(2)Before making an application under subsection (1) above, the governing body of the grant-maintained school concerned shall consult the school teachers employed by them with respect to the proposed application.

(3)A notice of application under subsection (1) above shall specify a date, at least three months after the date of the notice, with effect from which the governing body of the grant-maintained school concerned intend to make their own provision as to the statutory conditions of employment of the school teachers employed by them.

(4)On receipt of a notice of application under subsection (1) above the Secretary of State shall, by statutory instrument, make an order—

(a)naming the school; and

(b)specifying, as the date with effect from which, by virtue of the order, subsections (6) and (7) of section 2 above are not to apply, the date specified in the notice of application or such other date as may be agreed between the governing body and the Secretary of State.