[3AF1Special provisions for teachers on transfer of employment.E+W
[F2(1)This section applies where—
(a)a community, foundation or voluntary or community or foundation special school is established in place of an independent school in pursuance of proposals published under section 28 or 31 of the School Standards and Framework Act 1998, and
(b)a school teacher employed to teach at that independent school becomes employed by the local education authority or (as the case may be) the governing body in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 1981.]
(2)A pay and conditions order shall not apply to the statutory conditions of employment of such a teacher unless he gives notice in writing to the new employer that the order is to so apply.
(3)Where the governing body of [F3a foundation, voluntary aided or foundation special school] receive notice given under subsection (2) above, they shall inform the local education authority.]
Textual Amendments
F1S. 3A (which was inserted (1.4.1994) by 1993 c. 35, s. 289; S.I. 1994/507, art. 4, Sch. 2) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 101(3) (with ss. 1(4), 561, 562, Sch. 39)
F2S. 3A(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 27(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1
F3Words in s. 3A(3) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 27(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1