Any person who at the commencement of this Act holds any position to which section 77J of the principal Act (as enacted by section 3 of this Act) applies shall be offered employment in that position by the employer as from the date of the commencement of this Act or from the date of designation, as the case may be, on terms and conditions of employment that, except where inconsistent with this Act, are no less favourable than the terms and conditions of employment that, immediately before the commencement of this Act, apply in relation to that person’s position in the Education service.

Nothing in sections 77G and 77J of the principal Act (as enacted by section 3 of this Act) shall apply to an appointment made under this section.

Until such time as the conditions of employment have been agreed upon, under subsection (1) of this section, between the person appointed and the employer, the person appointed shall continue to be employed on conditions of employment identical to those conditions of employment that applied in relation to that person immediately before the 1st day of October 1989 except to the extent that any such conditions of employment are specifically repealed or revoked by this Act or are inconsistent with any of the provisions of this Act in which case the provisions of this Act shall prevail.

Every person who, at the commencement of this Act, holds any position in the Education service shall continue to hold that position as if that person had been appointed under this Act.

Every award and every agreement relating to the terms and conditions of employment of employees in the Education service which was in force immediately before the commencement of this Act shall continue in force in accordance with the Labour Relations Act 1987 after the commencement of this Act notwithstanding any of the other provisions of this Act. Any such award or agreement shall have effect according to its tenor.

The terms and conditions of employment of every person who, at the commencement of this Act, holds any position in the Education service shall, on the 1st day of October 1989 (and thereafter until varied) be identical with the terms and conditions of that person’s employment in the Education service immediately before the 1st day of October 1989.

The terms and conditions of employment of every person who commences employment in the Education service on or after the 1st day of October 1989 shall, until varied, be identical with the terms and conditions of employment of persons who were employed in the Education service immediately before the 1st day of October 1989.

Notwithstanding anything in subsection (1) or subsection (2) of this section, the provisions of any repealed Act, or of any regulation that has been revoked by this Act, shall continue to apply for the purposes of this Act only to the extent that they are expressly referred to and expressly applied by this Act or any other Act.

Notwithstanding anything in this Act, if, immediately before the commencement of this Act, any person has an appeal pending under the Education Act 1964 or any regulations made under that Act against an appointment to a position as a teacher, or against any disciplinary action in respect of that person, or if there is a right to such an appeal, the provisions of the Act or of the regulations, so far as those provisions are applicable, shall continue to apply to that appeal as if the Education Act 1964 had not been repealed and the regulations had not been revoked.

The decision on any appeal to which subsection (1) of this section applies shall be binding on both the employee and the employer and shall be implemented as far as practicable in the same manner as if the Education Act 1964 and the regulations made under it were still in force.

Any disciplinary proceedings commenced under the Education Act 1964 against any employee shall continue to be dealt with under that Act as if the disciplinary provisions of that Act had not been repealed.

The decision in any proceedings to which subsection (1) of this section applies shall be binding on both the employee and the employer and shall be implemented as far as practicable in the same manner as if the Education Act 1964 and the regulations made under it were still in force.

Where at the date of the commencement of this Act any teacher had become entitled to any priority right under the Education Act 1964 or any regulation made under that Act, that priority right shall, notwithstanding the repeal of the Act or the revocation of the regulations, be given effect to in the following manner:

Every employer shall, as far as possible, give effect to any priority right in the same manner and to the same extent as was required immediately before the commencement of this Act.

For the purposes of this section,—

For the avoidance of doubt, employment in the Education service is hereby declared to be employment by the Crown for the purposes of the Wages Protection Act 1983.