
1 

(1) This order may be cited
as the Education of Handicapped Children (Transfer of Staff and Property)
Order 1971 and shall come into operation on 12th March 1971.
(2) The Interpretation Act 1889
shall apply for the interpretation of this order as it applies for the interpretation
of an Act of Parliament.
2 
In this order “the appointed day” means 1st April 1971, being the day appointed for the purposes of section 1 of the Education (Handicapped Children) Act 1970;
and for the purposes of article 6
of this order the compensation regulations mentioned in that article shall
have effect as if references to the material date were references to the appointed
day.
3 
Subject to article 5
below, there shall on the appointed day be transferred to the employment of
the Inner London Education Authority every person who is employed for the
whole, or substantially the whole, of his time by an inner London borough
at or for the purposes of a junior training centre or special care unit provided
in pursuance of arrangements under section 12 of the Health Services and Public Health Act 1968
 for training children classified under section 57
of the Education
Act 1944 as unsuitable for education at school.

4 

(1) Subject to article 5 below, there shall on
the appointed day be transferred to the employment of the appropriate local
education authority every person who is employed for the whole, or substantially
the whole, of his time by a regional hospital board—
(a) in training children
classified under section 57
of the Education
Act 1944 as unsuitable for education at school;
or
(b) in assisting any such
person in such training.
(2) For the purposes of this
article the appropriate local education authority is, as regards any person,
the authority in whose area is situate the hospital at or for the purposes
of which he is employed.
5 

(1) If any question arises
whether a person is so employed as is described in either of the two preceding
articles (“the transfer articles”) it shall be referred not later
than 30th April 1971 to a tribunal established under section 12 of the Industrial Training Act 1964
and the decision of that tribunal shall be final.
(2) Where any such question
is pending as regards any person on the appointed day, the relevant transfer
article shall not apply to that person unless and until the tribunal determine
that he was employed as is in that article provided and, if the tribunal so
determine, that article shall have effect with the substitution for the reference
to the appointed day of a reference to the fourteenth day following the day
upon which the decision of the tribunal is notified.
6 

(1) The Local Government (Compensation)
Regulations 1963 to 1970 shall, with the necessary adaptations, apply to—

(i) persons employed before
the appointed day for the purpose of functions of local health authorities;
and
(ii) persons transferred
by virtue of article 4
above—who suffer loss of employment or loss or diminution of emoluments
which is attributable to section 1
of the Education
(Handicapped Children) Act 1970 as they apply
to persons who suffer such loss or diminution which is attributable to the
enactments mentioned in regulation 4
of the Local
Government (Compensation) Regulations 1963 as amended.
(2) The National Health Service (Compensation) Regulations
1971 shall, with the necessary adaptations,
apply to other persons employed before the appointed day for the purpose of
functions of regional hospital boards who suffer loss of employment or loss
or diminution of emoluments which is attributable to section 1 of the Education (Handicapped Children) Act 1970
as they apply to persons who suffer such loss or diminution which is attributable
to any such provision, event or order as is mentioned in regulation 4 of those regulations.

(3) For the purposes of paragraph
(1) of this article the compensating authority shall be—
(a) in the case of a person
who on the appointed day is employed for the purpose of functions of a local
education authority, that authority;
(b) in the case of any
other person, the local health authority for the purpose of whose functions
he was employed immediately before the appointed day.
7 

(1) Any person employed before
the appointed day for the purpose of functions of a local health authority
or a regional hospital board who on the appointed day is in consequence of section 1 of the Education (Handicapped Children) Act 1970
employed for the purpose of functions of a local education authority shall,
so long as he continues in that authority's employment for the purpose of
those functions, enjoy terms and conditions of employment not less favourable
than those he enjoyed immediately before that date, except as regards the
scale of his salary or remuneration if on that date or afterwards he ceases
to be engaged in duties reasonably comparable to those in which he was engaged
immediately before that date; and in the event of his ceasing to be so engaged,
the scale of his salary or remuneration shall also be not less favourable
so long as he has not been served with a statement in writing of new terms
and conditions of employment.
(2) If any question arises
whether the duties in which a person is engaged on or after the appointed
day are reasonably comparable to those in which he was engaged before that
date it shall be referred to a tribunal established under section 12 of the Industrial Training Act 1964
and the decision of that tribunal shall be final.
8 
The schedule
shall have effect as from the appointed day for the protection of the superannuation
rights of persons employed before the appointed day for the purpose of functions
of local health authorities.
9 

(1) This article shall have
effect as from the appointed day for the protection of the superannuation
rights of any person transferred to the employment of a local education authority
by virtue of article 4(1)
of this order who was before the appointed day an officer to whom Part II of
the National
Health Service (Superannuation) Regulations 1961
as amended applied
by virtue of regulation 4(1)
of those regulations.
(2) Any such person as is mentioned
in paragraph (1) of this article shall not, so long as he continues to be
engaged in that authority's employment in duties reasonably comparable to
those in which he was engaged immediately before the appointed day, be treated
as falling within section 3(2)
of the Local
Government Superannuation Act 1937 unless—

(a) he is employed otherwise
than as a teacher; and
(b) within three months
after the appointed day, or such longer period as the Secretary of State for
Social Services may in his case approve, he otherwise elects by notice in
writing to the Secretary of State for Social Services and the authority to
whose employment he is transferred.
(3) In its application to a
person transferred by virtue of article 4(1)
of this order to the employment of the council of the county borough of Manchester
paragraph (2) above shall have effect with the substitution for the reference
to section 3(2) of the Local Government Superannuation
Act 1937 of a reference to the scheme administered
under the Manchester Corporation (Pensions) Acts 1920 to 1970.
(4) Any agreement or trust
deed made for the purposes of any scheme of superannuation by policies of
insurance by the Secretary of State for Social Services in respect of any
such person as is mentioned in article 4(1)
of this order and having effect immediately prior to his transfer shall, so
far as relates to that person, have effect thereafter as if it had been made
with the local education authority to whose employment he is transferred by
virtue of that article; and any policies of insurance which are held for the
purposes mentioned in this paragraph for the benefit of any such person by
the Secretary of State for Social Services shall be held for the like purposes
by that authority.
(5) As regards any person transferred
by virtue of article 4(1)
to whom the National Health Service (Superannuation)
Regulations 1961 as amended apply by virtue
of a direction given by the Secretary of State for Social Services under section 7(2)
of the Superannuation
(Miscellaneous Provisions) Act 1967, the obligation
to pay contributions which is imposed by regulation 7(1)(b)
of those regulations shall be discharged by the local education authority
to whose employment he is transferred; and the references in that regulation
to the employing authority shall be construed accordingly.
10 

(1) There shall on the appointed
day be transferred to the Greater London Council all property, real and personal,
vested in any inner London borough which immediately before that day is used
by them wholly for the purposes of any such centre or unit as is mentioned
in article 3 above,
together with any rights and liabilities to which any such borough is then
entitled or subject in or in relation to any such property.
(2) In the case of any property
vested in an inner London borough which immediately before the appointed day
is used partly for such purposes and partly for other purposes, paragraph
(1) above shall apply as if the reference to all property were a reference
to such property, and the reference to the appointed day were a reference
to such a day, as may be agreed between the Council and the borough concerned
or, in default of such agreement, determined by the Secretary of State.
(3) Section 151 of the Local Government Act 1933
(which relates to financial adjustments between public bodies) shall with
the necessary modifications apply for the purposes of this article as if the
reference to an Order under Part VI
of that Act included a reference to paragraphs (1) and (2) of this article.

Given under the Official Seal of the Secretary of State for Education
and Science on 2nd March 1971.
Margaret Thatcher
Secretary of State for Education and Science
Given under my hand on 3rd March 1971.
Peter Thomas
Secretary of State for Wales

SCHEDULE
Article 8
1 
In this schedule—
 “existing employment”
means employment for the purpose of functions of a local
health authority;
 “new employment” means employment for the purpose of functions of a local education authority
;
 “the Act” means 
the Local Government Superannuation
Act 1937;
 “transferred employee”
means a person employed before the appointed day for
the purpose of functions of a local health authority who on the appointed
day (within the meaning of article 3
of this order as modified by article 5)
is in consequence of the Education (Handicapped Children)
Act 1970 employed for the purpose of functions
of a local education authority; and, except in paragraphs 2, 3, 4, 7 and 12
(which apply only to persons transferred by virtue of article 3 of this order), includes
any person so employed whether or not he has been transferred from the employment
of one local authority to that of another.
2 
Subject to the provisions of this schedule,
any enactment, instrument or other document contained in or made or issued
under the Local Government Superannuation Acts 1937 to 1953, the Superannuation (Miscellaneous Provisions) Act
1948, Part III of the National Insurance Act 1965
or article 21(6)
of the London
Authorities (Superannuation) Order 1965 as
amended  shall
have effect in relation to any transferred employee to whom it applies as
if his new employment and his existing employment were one continuous employment.

3 
Paragraph 2
of this schedule shall not have effect for the purposes of section 29 of the Act and shall
not affect the operation of the Local Government Superannuation (Administration) Regulations
1954 as amended in relation
to any transferred employee.
4 
Where immediately before the appointed day a
transferred employee is a contributory employee by virtue of a statutory resolution
under section 3(2)(b)
of the Act, he shall continue to be a contributory employee in his new employment,
and for that purpose the Inner London Education Authority shall be deemed
to have passed or made such statutory resolution as would have the effect
of making him a contributory employee in his new employment.
5 
Any transferred employee who, if this order
had not been made, would have become a contributory employee by completing
any period of qualifying service necessary to comply with such a resolution
as is mentioned in paragraph 4
of this schedule and who does not otherwise become a contributory employee
at an earlier date shall, if the other conditions (if any) of the resolution
are complied with, become a contributory employee on the expiration of the
qualifying period.
6 
Any transferred employee who is paying superannuation
contributions immediately before the appointed day at a rate appropriate to
a servant shall continue to contribute at the like rate so long as he is employed
without a break of 12 months or more by the new employing authority in duties
reasonably comparable to those in which he is engaged immediately before that
day and has not, during any break, become an employee of some other local
authority.
7 
Where immediately before a transferred employee
is transferred it is the prevailing practice of the authority employing him
to exercise beneficially (that is to say, to secure the payment of gratuities,
allowances or pensions, or of increased pensions or lump sum benefits) any
discretionary power exercisable by them by virtue of any statutory provision
relating to pensions, it shall be the duty of the Inner London Education Authority
in relation to that transferred employee, if he has continued in their employment
without a break of 12 months or more and has not, during any break, become
an employee of some other local authority, to exercise that power (or any
corresponding power under the statutory provisions relating to pensions for
the time being in force) in a way which is not less beneficial than that practice;
and section 35 of
the Act shall apply to any question arising under this paragraph.
8 

(1) This paragraph shall,
subject to sub-paragraph (4) thereof, apply to a transferred employee to whom
there applied immediately before the appointed day section 16 (modifications applicable
to female nursing, etc. staff) of the Act as originally enacted by virtue
of an option to retain existing benefits under regulation 17 of the Local Government Superannuation (Benefits)
Regulations 1954, or regulation 21 or 22 or regulation 23
of the said Regulations of 1954, save as provided in the next following sub-paragraph,
so long as he continues in his new employment 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 appointed day, such a person as is mentioned in that
regulation, then—
(a) if the change
is made at his request, this paragraph shall cease to apply to him on the
change taking effect;
(b) if the change
is made otherwise than at his request and within six months thereof he gives
notice in writing to the local authority that he does not desire this paragraph
to apply in his case, this paragraph shall cease to apply to him on his giving
the said notice.
(3) Without prejudice
to the application of the provisions mentioned in sub-paragraph (1) of this
paragraph to a person otherwise than by virtue of this paragraph, so long
as this paragraph applies to a transferred employee any of the said provisions
which applied to him immediately before the appointed day shall continue to
apply in his case, notwithstanding that on or after the appointed day he ceases
to be such a person as is mentioned in the said provision.
(4) In relation to a
person to whom the Manchester Superannuation (Benefits)
Scheme 1955 applies, this paragraph 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.
9 
Section 6(5)
of the Act (which relates to the payment of superannuation contributions on
the reduction or discontinuance of remuneration) shall apply to any transferred
employee or other employee of a local authority who suffers reduction of remuneration
which is attributable to anything done by or under this order as if in place
of the reference in the said section to an employee suffering a reduction
of remuneration owing to incapacity there were a reference to any employee
suffering a reduction of remuneration in consequence of the provision of this
order.
Provided that the said section
6(5) shall so apply only so long as the employee continues without a break
of 12 months or more in the employment in which he suffered the reduction
of remuneration, whether in the same post or in some other post and has not,
during any break, become an employee of some other local authority.
10 
Where under section 6(5)
of the Act as applied by paragraph 9
above an employee pays contributions as if his remuneration had not been reduced,
he shall be deemed for the purposes of regulation 3(1)
of the Local
Government Superannuation (Benefits) Regulations 1954
or proviso (b) to section 8(5)
of the Act to have received the remuneration which he would have received
but for the reduction.
11 
In calculating for the purposes of paragraph 9 or 10 whether, or
the amount by which, an employee's remuneration has been reduced, no account
shall be taken of any increase in his remuneration which is attributable to
any temporary allowance granted in consequence of this order and otherwise
than in the ordinary course of his employment.
12 
Any agreement or trust deed made for the purposes
of any scheme of superannuation by policies of insurance by an authority employing
a transferred employee and having effect immediately prior to his transfer
shall, so far as relates to that employee, have effect thereafter as if it
had been made with the new employing authority; and any policies of insurance
which are held for the purposes mentioned in this paragraph for the benefit
of any transferred employee by the first-mentioned authority shall be held
for the like purposes by the new employing authority.