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9Where a local education authority have advertised a vacancy in accordance with the provision made by the articles of government for a school by virtue of paragraph 6(2), they shall not appoint a person to the post unless—
(a)his appointment has been recommended in accordance with the provision made by the articles by virtue of paragraph 6(3) to (5), or
(b)they decide to appoint a person who, at the time when that decision is made, is an employee of theirs or has been appointed to take up employment with them at a future date.
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