101(1)The School Teachers' Pay and Conditions Act 1991—
(a)shall continue to have effect with the amendment set out in sub-paragraph (2) (originally made by Schedule 19 to the [1993 c. 35.] Education Act 1993); and
(b)shall be amended as provided in sub-paragraphs (3) and (4).
(2)In section 2 (orders relating to statutory conditions of employment), in subsections (6) and (7) for “section 3” there is substituted “sections 3 and 3A”.
(3)For the section 3A inserted by section 289 of the Education Act 1993 there is substituted—
(1)This section applies where a school teacher employed to teach at an independent school—
(a)which becomes a county or voluntary school in pursuance of proposals published under section 35(1)(b) or, as the case may be, 41(1) of the Education Act 1996, or
(b)in place of which a grant-maintained school is established in pursuance of proposals published under section 212 of that Act,
becomes employed (in the case of a county or voluntary school) by the local education authority or the governing body or (in the case of a grant-maintained school) by 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 an aided school receive notice given under subsection (2) above, they shall inform the local education authority.”
(4)In section 5 (interpretation etc.)—
(a)in subsection (1)—
(i)in the definition of “school which has a delegated budget” for “Chapter III of Part I of the Education Reform Act 1988” there is substituted “Part II of the Education Act 1996”, and
(ii)for “the Education Act 1944” there is substituted “that Act”; and
(b)in subsection (5), for “sections 68 and 99(1) of the Education Act 1944” there is substituted “sections 496 and 497 of the Education Act 1996”.