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Further and Higher Education Act 1992

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Changes over time for: Section 43

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Version Superseded: 01/08/2003

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Point in time view as at 21/09/1994. This version of this provision has been superseded. Help about Status

Changes to legislation:

Further and Higher Education Act 1992, Section 43 is up to date with all changes known to be in force on or before 14 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

43 Remuneration of employees.E+W

(1)Where, in consequence of a determination by the local education authority or any other person of the rate of remuneration of any employees, the rate of remuneration of any relevant employees would, apart from this section, be increased as from a date (referred to in this section as the “proposed date of increase”) falling after 1st September 1992, the authority—

(a)shall notify the Secretary of State in writing of the determination and the proposed date of increase, and

(b)shall not pay any relevant employee at the new rate unless the increase is authorised under this section by the Secretary of State.

(2)In this section “relevant employees” means persons who are employed at institutions which are relevant institutions by virtue of section 39(2)(a) or (b) of this Act.

(3)This section does not apply to remuneration determined in accordance with the scales and other provisions set out or referred to in a pay and conditions order (within the meaning of the M1School Teachers’ Pay and Conditions Act 1991).

(4)Where the Secretary of State receives a notification under subsection (1) above, he shall, before the end of the period of four weeks beginning with the day on which he received the notification, either—

(a)authorise the increase resulting from the determination so far as it relates to relevant employees, or

(b)afford to the authority, and to such persons appearing to him to be representative of relevant employees affected by the determination as he considers appropriate, an opportunity of making representations to him in respect of the determination.

(5)After considering any representations made to him under subsection (4)(b) above, the Secretary of State shall—

(a)authorise the increase resulting from the determination, or

(b)refuse to authorise the increase,

so far as it relates to relevant employees.

(6)The Secretary of State shall give written notification of any decision under subsection (4)(a) or (5) above to the local education authority and, in the case of subsection (5) above, to any other persons who made representations to him under subsection (4)(b) above.

(7)Subsection (8) below applies where—

(a)by virtue of this section a relevant employee is not paid at the new rate on the proposed date of increase, but

(b)the Secretary of State authorises the increase after that date.

(8)Where this subsection applies, the employee concerned shall, for the purpose of determining the terms of any contract affected by section 26 of this Act, be regarded as having been entitled under his contract of employment to be paid by the local education authority at the new rate as from the proposed date of increase.

Commencement Information

I1S. 43 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

Marginal Citations

Yn ôl i’r brig

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