Transitional provision in relation to section 57 of the 1998 Act8.

(1)

Subject to regulation 7(1) and (4), section 57(3) of the 1998 Act shall apply when before 1st April 1999–

(a)

the governing body of a grant-maintained or grant-maintained special school have determined that a payment should be made in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of the school; and

(b)

no such payment, and no part of any such payment had been made before that date.

(2)

Paragraph (1) of this regulation does not apply to a payment which such a governing body 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.