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Education Act 2002
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Changes over time for: Section 129
Changes to legislation:
Education Act 2002, Section 129 is up to date with all changes known to be in force on or before 10 November 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 129:
- specified provision(s) amendment to earlier commencing SI 2003/1667 Sch. para. 1 by S.I. 2004/571 Sch.
- specified provision(s) amendment to earlier commencing SI 2003/1667 Sch. para. 1A and 2 by S.I. 2005/2570 art. 2
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 27(1A) inserted by 2010 c. 26 s. 4(1)
- s. 29(2A)-(2D) inserted by 2009 c. 22 s. 260(4) (This amendment not applied to legislation.gov.uk. S. 250 omitted (1.9.2012) by virtue of 2011 c. 21, s. 29(9)(d); S.I. 2012/1087, art. 3)
- s. 29B inserted by 2008 c. 25 s. 157
- s. 85 85A substituted for s. 85 by 2006 c. 40 s. 74(1)
- s. 85A amendment to earlier affecting provision 2006 c. 40 s. 74(1) by 2011 c. 21 s. 31(2)
- s. 85A(5) words substituted by 2009 c. 22 Sch. 12 para. 34
- s. 86(1) s. 86 renumbered as s. 86(1) by 2006 c. 40 s. 74(2)(c)
- s. 86(2) inserted by 2006 c. 40 s. 74(2)(c)
- s. 88(2)-(7) inserted by 2006 c. 40 s. 74(3)
- s. 88(7) repealed by S.I. 2010/1080 Sch. 1 para. 45 Sch. 2 Pt. 1 (This amendment not applied to legislation.gov.uk. The insertion of s. 88(2)-(7) by 2006 c. 40, s 74(3) was repealed without ever being brought into force.)
- s. 142(9)(b) words substituted by S.I. 2010/1158 Sch. 2 para. 11(10)(b)
- s. 210A inserted by 2008 c. 25 Sch. 1 para. 79
129 Transfer of employmentE+W
This section has no associated Explanatory Notes
(1)Section 122(2) shall not apply to a person if—
(a)a maintained school is established in place of an independent school in pursuance of proposals published under [F1the relevant school organisation provisions (as defined by subsection (6))], and
(b)the person becomes a school teacher in the maintained school in accordance with the [F2Transfer of Undertakings (Protection of Employment) Regulations 2006].
(2)But if the school teacher gives a notice in writing under this subsection to his new employer, section 122(2) shall apply to him in respect of the period beginning with—
(a)a date specified in the notice,
(b)if no date is specified under paragraph (a), a date agreed between the teacher and the new employer, or
(c)if no date is specified under paragraph (a) or agreed under paragraph (b), the date on which the employer receives the notice.
(3)Where the governing body of a foundation, voluntary aided or foundation special school receive a notice under subsection (2), they shall inform the [F3local authority].
(4)In this section “school teacher” has the same meaning as in section 122.
(5)In subsection (1) “maintained school” means—
(a)a community school,
(b)a foundation school,
(c)a voluntary school,
(d)a community special school,
(e)a foundation special school, or
(f)a maintained nursery school.
[F4(6)In subsection (1)(a) “the relevant school organisation provisions” means—
(a)in relation to England, section 28, 28A or 31 of the School Standards and Framework Act 1998, section 66 of the Education Act 2005 or section 7 or 11 of the Education and Inspections Act 2006, and
(b)in relation to Wales, section 28 or 31 of the School Standards and Framework Act 1998 [F5or Part 3 of the School Standards and Organisation (Wales) Act 2013].]
Textual Amendments
F1Words in s. 129(1)(a) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 47(2); S.I. 2007/935, art. 7(o)
F2Words in s. 129(1)(b) substituted (with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 1(2), Sch. 2 para. 1(h)
F3Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)
F4S. 129(6) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 47(3); S.I. 2007/935, art. 7(o)
F5Words in s. 129(6)(b) inserted (1.10.2013) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 21(7); S.I. 2013/1800, art. 3(j)
Commencement Information
I1S. 129 in force at 1.8.2003 by S.I. 2003/1667, art. 2
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