The Local Authority Social Services (Staff Protection) Order 1970

5.—(1) This Article shall, subject to paragraph (4) thereof, apply to a protected person to whom section 16 (modification applicable to female nursing staff) of the Local Government Superannuation Act 1937 applies as originally enacted by virtue of an option to retain existing benefits under Regulation 17 of the Local Government Superannuation (Benefits) Regulations 1954 or to whom Regulation 21 or 22 or Regulation 23 of the said Regulations applied immediately before the relevant date, save as provided in the next following paragraph, so long as he continues to be employed in connection with a relevant function by the local authority by whom he was employed on the relevant date without any break in that employment.

(2) Where a person's duties are changed and his new duties are such that he is not such a person as is mentioned in the said section 16 or in paragraph (1) of the said Regulation 21 or, where the said Regulation 23 applied to him immediately before the relevant date, such a person as is mentioned in that Regulation, then—

(a) if the change is made at his request, this Article shall cease to apply to him on the change taking effect;

(b) if the change is made otherwise than at his request and within 6 months thereof he gives notice in writing to the local authority that he does not desire this Article to apply in his case, this Article shall cease to apply to him on his giving the said notice.

(3) Without prejudice to the application of the said section 16 or of Regulation 21 or 22 or of Regulation 23 of the said Regulations of 1954 to a person otherwise than by virtue of this Article, so long as this Article applies to a protected person, the provision which applied to him immediately before the relevant date shall continue to apply in his case, notwithstanding that on or after the relevant date he ceases to be such a person as is mentioned in the said section 16 or in paragraph (1) of the said Regulation 21 or, as the case may be, such a person as is mentioned in the said Regulation 23.

(4) In relation to a person to whom the Manchester Superannuation (Benefits) Scheme 1955(1) applies, this Article shall have effect as if for any references to the said section 16, the said Regulation 17 and the said Regulation 23 there were substituted respectively references to section 47 of the Manchester Corporation Act 1946 and Articles 25 and 23 of the said Scheme.

(1)

See S.I. 1955/1347.