Modifications etc. (not altering text)
C1Provisions of Pt. I Ch. III (other than ss. 33, 49 and Sch. 4) modified (25. 2. 1992) by S.I. 1992/164, reg. 2(3).
Pt. I Ch. III applied (with modifications) (1.1.1994) by S.I. 1993/3104, reg.2(2)
Pt. I Ch. III extended (1.1.1994) by 1993 c. 35, s. 215(4); S.I. 1993/3106, art. 4, Sch. 1 (as amended by S.I. 1994/436, art.2).
Pt. I Ch. III applied (1.1.1994) by 1993 c. 35, s. 215(5); S.I. 1993/3106, art. 4, Sch. 1 (as amended by S.I. 1994/436, art.2).
Pt. I Ch. III modified (temp.) (31.12.1995) by S.I. 1995/3114, regs.2, 3, 5, 6, 7, 8.
Pt. I Ch. III modified (31.12.1995) by S.I. 1995/3114, regs.4, 7.
F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Subject to subsection (3) below, it shall be for the governing body of any such school to determine—
(a)whether any payment should be made by the local education authority concerned in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of the school; and
(b)the amount of any such payment.
(3)Subsection (2) above does not apply in relation to any payment which the authority are required to make—
(a)by virtue of any contract other than one made in contemplation of the impending dismissal or resignation of the member of staff concerned; or
(b)under any statutory provision.
(4)The local education authority concerned—
(a)shall take such steps as may be required for giving effect to any determination of the governing body of any such school under subsection (2) above; and
(b)shall not make, or agree to make, any payment to which that subsection applies in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of any such school otherwise than in accordance with any such determination.
(5)Costs incurred by the local education authority concerned in respect of the dismissal or premature retirement, or for the purpose of securing the resignation, of any member of the staff of any such school shall not be met from the school’s budget share for any financial year except in so far as the authority have good reason for deducting those costs, or any part of those costs, from that share.
(6)The fact that the authority have a policy precluding dismissal of their employees by reason of redundancy is not to be regarded as a good reason for the purposes of subsection (5) above.
Textual Amendments
F1S. 46(1) repealed (6. 3. 1992) by School Teachers' Pay and Conditions Act 1991 (c. 49, SIF 41:1), s. 6(3), Sch.2; S.I. 1992/532, art.3.