Statutory Instrument 1990 No. 59

The Education (Inner London Education Authority) (Staff Transfer) Order 1990

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© Crown Copyright 1990

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1990 No. 59

EDUCATION, ENGLAND AND WALES

The Education (Inner London Education Authority) (Staff Transfer) Order 1990

The Secretary of State for Education and Science, in exercise of the powers conferred on him by section 172 of the Education Reform Act 1988^[1], hereby makes the following Order:

    1.    This Order may be cited as the Education (Inner London Education Authority) (Staff Transfer) Order 1990 and shall come into force on 1st April 1990.

    2.    In this Order-
"the Act" means the Education Reform Act 1988;


"adult education post" means any post at an adult education institute falling within a class or description set out in Part 3 of Schedule 1 hereto;


"ILEA" means the Inner London Education Authority;


"institution" means an institution which provides higher education or further education or both, and which is maintained by the Inner London Education Authority;


"main grade staff" means persons appointed to ILEA main service grades 13 to 7 set out in section A of the ILEA Staff Code^[2];


"non-teaching post" means any post falling within a class or description set out in relation to schools and institutions in Parts 1 and 2 respectively of Schedule 1 hereto;


"peripatetic teacher" means a teacher employed to teach pupils or students in more than one school or institution and falling within a class or description set out in Part 4 of Schedule 1 hereto;


"the Schools Order" means the Education (Inner London Education Authority) Schools Designation Order 1989^[3];


"supply teacher" means a teacher employed to substitute in the temporary absence of the holder of a teaching post or to occupy temporarily a vacant teaching post;


"teacher" means a person defined as a "school teacher" or as a "teacher in further education" in section 7(1) of the Teachers' Pay and Conditions Act 1987^[4]; and


"teaching post" means any post in a school or institution occupied by a teacher for the purpose of teaching.

    3.—(1)  This article applies to-
 (a) any teaching or non-teaching post (whether full-time or part-time) in-
 (i) a school designated by the Schools Order; or
 (ii) an institution listed in column 1 of Schedule 2 hereto which was occupied on 29th September 1989 by an employee of ILEA;
 (b) any peripatetic or supply teacher employed on 29th September 1989 by ILEA; and
 (c) any person who is employed by ILEA after 29th September 1989 to replace such a peripatetic or supply teacher
in respect of whom provision is not made by a relevant order.

    (2)  
 (a) Any person who is on 31st March 1990 occupying such a post as is mentioned in paragraph 1(a) above otherwise than as a supply teacher is hereby designated for the purposes of section 172 of the Act in relation to the inner London authority designated as successor authority in relation to the school in the Schools Order, or listed opposite the name of the institution in column 2 of Schedule 2 hereto, as the case may be.
 (b) Any person who falls within paragraph (1)(b) or (1)(c) above and who is on 31st March 1990 still so employed by ILEA, is hereby designated for the purposes of section 172 of the Act in relation to the inner London council in the area of which he so worked for the greatest proportion of his contractual working hours during the period beginning on 1st October 1989 and ending on 31st March 1990.

    (3)  In paragraph (1) above "relevant order" means any other order made after this Order under the Act which effects the transfer of employees of ILEA and which comes into force on 1st April 1990.

    4.—(1)  Notwithstanding article 3, this article applies to any person who falls within a class or description set out in Parts 1 to 11 of Schedule 3 hereto or is named in one of those Parts.

    (2)  Any such person who is employed by ILEA on 29th September 1989, or any person who is employed by ILEA after 29th September 1989 to replace such a person, and who is on 31st March 1990 still employed by ILEA, is hereby designated for the purposes of section 172 of the Act in relation to the inner London council to which those Parts of Schedule 3 respectively refer.

    (3)  For the purposes of that Schedule a person shall be taken to be based at an institution or location if he was so based on 29th September 1989.

    5.—(1)  Notwithstanding articles 3 and 4, this article applies to any person employed-
 (a) in the Greater London Supplies Division of the ILEA Supplies and Transport Services Branch who on 31st March 1990 is seconded to the London Residuary Body by or under the provisions of an agreement dated 4th July 1989 made between ILEA and that body; or
 (b) on 31st March 1990 at Woolverstone Hall School, near Ipswich, Suffolk IP9 1AZ.

    (2)  Any such person is hereby designated for the purposes of section 172 of the Act in relation to the London Residuary Body.

    6.    Notwithstanding any other provisions in this Order, a person named in Schedule 4 and who is employed by ILEA on 31st March 1990 is hereby designated for the purposes of section 172 of the Act in relation to the London Residuary Body.

[1] 1988 c. 40. back

[2] Published by ILEA in March 1988; copies may be inspected at County Hall, London SE1. back

[3] S.I. 1989/1280. back

[4] 1987 c. 1; section 7(1) was amended in a manner not relevant to this Order by paragraph 39 of Schedule 12 to the Education Reform Act 1988. back

Explanatory Note