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23. Part III applies to the appraisal of the peformance of a teacher who is employed by a local education authority under the terms and conditions determined by the Secretary of State by Order under Section 2 of the School Teachers' Pay and Conditions Act 1991(1) and who—
(a)is not attached to a particular school (other than a pupil referral unit); or
(b)is employed to work in a nursery school to which part II does not apply;
and if he is employed under a fixed term contract of employment, is employed for a period of twelve weeks or more.
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