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EDUCATION AND LIBRARIES (NORTHERN IRELAND) ORDER 1972 - SECT 72

72.(1) The Ministry may make a scheme or schemes providing for the transfer to
the employment of such board as may be specified in the scheme or schemes, on
such date or dates so specified, of officers who immediately before the
transfer are employed by a local authority wholly or mainly for the purposes
of its functions as a local education authority or library authority and an
officer transferred under such a scheme is in this Article referred to as "a
transferred officer".

(2) A transferred officer shall, so long as he continues in the employment of
the board to which he is transferred in accordance with a scheme under
paragraph (1) and until he is served with a statement in writing by that board
setting out his new terms and conditions of employment, enjoy terms and
conditions of employment (including those relating to superannuation benefits)
not less favourable than those he enjoyed immediately before 17th November
1971.

(3) The new terms and conditions referred to in paragraph (2) shall be such
that

(a)as long as a transferred officer is engaged in duties reasonably comparable
to those in which he was engaged immediately before the date of his transfer,
the scale of his salary or remuneration; and

(b)the other terms and conditions of his employment;

(4) Where the terms and conditions of the employment of a transferred officer
(including conditions as to superannuation benefits) have been, on or after
17th November 1971 and before the date of his transfer, varied in any respect,
the Ministry may direct that the variation shall be wholly or partially
included among the terms and conditions on which he becomes employed by a
board and paragraph (3) shall have effect in relation to him as if so much of
the variation as is specified in the direction had been included in the terms
and conditions of his employment immediately before 17th November 1971.

(5) A written statement given in accordance with section 4 of the Contracts of
Employment and Redundancy Payments Act (Northern Ireland) 1965 shall not be
regarded as a statement of new terms and conditions of employment for the
purposes of paragraph (2) unless the statement so indicates.

(6) Where a transferred officer entered his employment by a local authority on
or after 17th November 1971, paragraphs (2) to (4) shall have effect in
relation to him as if for any reference to terms and conditions of employment
enjoyed immediately before 17th November 1971 there were substituted a
reference to terms and conditions of employment enjoyed by him immediately
after he entered that employment.

(7) The Ministry may by order subject to affirmative resolution modify the
Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 in
its application to any person transferred to the employment of a board by
virtue of a scheme made under paragraph (1) or appointed under Article 71(1)
or to a person employed by the Ministry who immediately before being so
employed was employed by a local authority wholly or mainly for the purposes
of its functions as a former local education authority or a former library
authority.

(8) In paragraphs (2) to (4), "terms and conditions of employment" includes
any restriction under a statutory provision on the termination of the
employment of any person.

© 1972 Crown Copyright

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