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HQ/18/344

Solicitor (Commercial Property) (Permanent) (EA Solicitors)

Candidate Information Pack

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Contents

Section 1 Background and Context

Section 2 EA Solicitors information

Section 3 Job Description

Section 4 Person Specification

Section 5 Candidate Information

Section 6 Summary of Terms and Conditions of Service

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Section 1- Background and Context

The Education Authority (“EA”) was established under the Education Act (Northern Ireland) 2014 and became operational on 1 April 2015. It is a non-departmental public body sponsored by the Department of Education and the Department for the Economy.

EA is responsible for ensuring that high quality primary and secondary education services are available to meet the needs of children and young people as well as the provision of efficient and effective youth services. These services were previously delivered by five Education and Library Boards (ELBs). The organisation employs over 39,000 people across Northern Ireland in a wide variety of roles including teachers in controlled schools, school-based support staff and staff in administrative headquarters. The organisation is responsible for a budget of approximately £1.5 billion recurrent, £300 million capital, £100 million annually managed expenditure and for services to over 1000 schools. EA also has responsibility for the funding of the Voluntary Grammar School / Grant-Maintained Integrated sector.

The work we do impacts the lives of tens of thousands of children, young people and their families every day. The services we provide are essential in supporting, encouraging and facilitating learning within our communities to develop generations of young people who are equipped to succeed in life and work in the modern world. As a public sector organisation, we must continue to deliver these vital services in a challenging environment of increasing financial pressure and under intense public scrutiny.

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Section 2- Education Authority Solicitors

The Education Authority Solicitors seeks to provide high quality and efficient legal services to enable the Education Authority and other clients to operate effectively within law, maximise the value of legal services provided, minimise legal risk and achieve best legal outcomes.

The unit is located within EA’s Human Resources and Legal Services Directorate and is headed by the Head of Legal Services, Peter O’Rawe.

The unit was originally set up in 1973 when the five former education and library boards were established. It has currently a complement of 9 solicitors and 9 administrative staff and is based in Dundonald.

Education Authority Solicitors provide advice and representation in the areas of education law, employment law, commercial property law, litigation and public and administrative law.

Our Commercial Property Law team assists the EA Directorate of Operations and Estates in the management of EA’s considerable schools and commercial property estate.

Future Challenges

Recent focus has been on transition from the former ELBs to a single authority. Looking forward, EA’s focus will move from transition to transformation. Emerging from the five ELBs our aim is to build a new organisation which is focused on meeting the needs of all our young people equally, removing barriers to learning and ensuring equality of access to excellent education services so that every child can develop to his or her full potential.

Working for EA’s in house legal team as part of its Commercial Property Law team therefore will offer a different perspective to the successful candidate as well as significant intellectual stimulus. Our solicitors have the opportunity to make a positive contribution to EA as we continue the process of transformation and seek fundamentally to transform education administration for the benefit of future generations of children and young people.

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Section 3 – Job Description

POST: Solicitor (Commercial Property) (Permanent)

LOCATION: Based at Education Authority Solicitors, Education Authority Dundonald Office, Grahamsbridge Road, Dundonald, Belfast, BT16 2HS

RESPONSIBLE TO: Head of Legal Services SALARY: £44,697 - £50,154 per annum NJC SCP 49 - 55 (entry will be at the minimum point) HOURS: This is a full-time role - 36 hours per week.

The Education Authority has a Flexible Working Hours Scheme. JOB PURPOSE: The post holder will be required to carry out professional duties as a

qualified solicitor providing legal advice and services in relation to an assigned case load (with particular emphasis on commercial law and property matters but also dealing with litigation and other matters set out below) to the Education Authority and other public bodies to whom the Education Authority Solicitors provides a service.

SUMMARY OF KEY RESPONSIBILITIES AND DUTIES: 1. To carry out professional duties as a qualified Solicitor in connection with an assigned

caseload primarily relating to the matters set out below. 2. To provide accurate and timely advice on property law matters including freehold and

leasehold acquisitions and disposals of land, commercial leases, licence agreements, statutory transfers and the compulsory acquisition of land.

3. To draft all necessary documents/deeds in relation to the acquisition and disposal of land

including conveyances/transfers, commercial leases, licences etc. 4. To provide advice and legal support and representation in respect of contentious property

matters including boundary disputes / applications before the Lands Tribunal etc. 5. To undertake as directed general litigation matters including the drafting and setting of

documents, attendance at court / Lands Tribunal and all miscellaneous matters arise therefrom.

6. Work collaboratively with Authority officers in the identification of significant commercial

property matters issues going forward and the management of legal risks to the Authority. 7. To provide accurate and timely legal advice on matters relating to the functions and

exercise of the powers and duties of Authority. To interpret relevant legislation and the requirements of administrative law to Authority officers, other bodies and to draft associated reports and advices.

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8. To undertake as directed in the institution of plaintiff claims arising in property/commercial

matters and other civil matters. 9. To carry out all the foregoing duties in a proactive manner, complying with all relevant

time limits and Rules of Court. 10. To assist and/or provide such training on legal matters to Authority officers and other

bodies as may be required. 11. To undertake such continuing legal education and/or professional development courses as

may be required. 12. To undertake such other duties relevant to the Education Authority Solicitors as may be

required from time to time. 13. To manage resources ensuring these are used effectively in order to

maximise benefits, including value for money and efficiency. 14. To undertake the duties in such a way as to enhance and protect the reputation and public

profile of the Education Authority.

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Section 4- Person Specification ESSENTIAL

DESIRABLE

QUALIFICATIONS/

EXPERIENCE

Applicants must meet the following by the closing date for receipt of completed applications:

1) Be qualified as a solicitor entitled to practise in Northern Ireland and hold a Practising Certificate; and

2) Hold a minimum of second class honours

bachelor’s degree (UK Qualification and Credit Framework Level 6) or an equivalent or higher qualification; and

3) Possess within the last six years a

minimum of four years practical post qualification* experience gained within a dedicated property law department with significant involvement (i.e. over 75% of caseload) in commercial property matters; and

4) Proven post qualification experience of advising and representing clients in a broad range of commercial property matters

* taken from date on which the applicant qualified as a Solicitor.

It is desirable that applicants have the following by the closing date for receipt of completed applications;

A minimum of three years’ practical post qualification* experience of providing legal advice and representation in commercial property law matters to a public body or a large commercial organisation.

A specific post graduate qualification in the area of property law or commercial law or other area relevant to the work of the Education Authority Solicitors (e.g. education law; public law; information law; human rights; procurement);

* taken from date on which the applicant qualified as a Solicitor.

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ESSENTIAL

DESIRABLE

KNOWLEDGE

Applicants will be expected to demonstrate in their application form and also at interview

evidence that they possess:

A detailed understanding of commercial conveyancing and property law including Land Registry and Registry of Deeds practice and procedure, SDLT processes etc.

The ability, knowledge and judgement to solve legal problems related to the duties set out in the job description in a systematic and professional manner with the purpose of ensuring that the Authority and other clients are properly advised to enable them to comply with their statutory responsibilities and to limit the extent of any of their potential liabilities;

It is desirable that

applicants have knowledge of issues arising from GDPR, the Data Protection Act 2018 and the Freedom of Information Act 2000 and/or public procurement law.

SKILLS

Applicants will be expected to demonstrate in their application form and also at interview

evidence that they possess:

The ability to draft effectively deeds,

transfers, commercial leases, licence agreements, etc.

Good written communication skills with an ability to provide clear, concise, well researched legal advice;

Good oral communication skills;

Highly developed personal organisational and case management skills to enable a demanding caseload to be dealt with in a timely and effective manner.

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ESSENTIAL

DESIRABLE

PERSONAL QUALITIES

Applicants will be expected to demonstrate in their application form and also at interview evidence that they possess:

A dedicated, professional and positive approach to legal work;

The ability to create and maintain positive, professional and collaborative working relationships with a wide range of people within and outside the Education Authority to help to achieve corporate objectives and goals.

Team member and team building qualities;

A strong ability to communicate generally with clarity, conviction, confidence and enthusiasm;

A strong focus on continuous learning / development for themselves, others within Education Authority Solicitors and the Education Authority more widely;

Motivation;

Assertiveness;

Decisiveness. .

OTHER

REQUIREMENTS

The successful candidate will be required:

a) To have access to a suitable vehicle (appropriately maintained and insured for Education Authority business) that will enable them to carry out the mobility requirements of the post in an efficient and effective manner and thus meet this essential criterion;

OR b) Be able to provide sufficient information on

the application form that will satisfy the employer that he/she has access to an appropriate alternative form of transport that will enable them to carry out the mobility requirements of the post in an efficient and effective manner and thus meet this essential criterion.

The criteria may be enhanced

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Section 5 - Candidate Information Application Pack Please refer to the Applicant Guidance Notes prior to the completion of an application form. Education Authority application forms and candidate information packs have been created for use with Adobe Acrobat software only. If you do not have the software this may be downloaded free of charge using the following link – https://get.adobe.com/uk/reader

Failure to use Adobe Acrobat when completing or editing an application form may lead to the fields you complete not showing up when the form is printed which may impact on whether you are considered eligible for the post as the information required for shortlisting may not show. You may also experience difficulties saving your completed application form. Application forms must not be completed using a web browser i.e. Google Chrome or Internet Explorer.

The Education Authority is unable to take responsibility for forms being completed using the incorrect software.

It is essential that you fully describe in the application form how you meet the criteria sought. Please provide detailed information against each requirement, providing dates and ensuring that where requirements are time bounded (e.g. 1 year within the last 5 years) you provide detail and dates that fully satisfy the requirement. It is not appropriate to simply list the various posts that you have held. Assumptions will not be made from the title of your post. Please complete and return your application form and Equal Opportunities Questionnaire by post/hand delivering to the Equal Opportunities Unit, Education Authority, Grahamsbridge Road, Dundonald, Belfast, BT16 2HS or alternatively by e-mail to earecruitment@eani.org.uk no later than 2.00 pm on the closing date for receipt of completed applications. If you are returning your application form by e-mail please ensure that the subject line is completed with the Job Reference Number which is identified on the first page of the application form. Late or faxed application forms will not be accepted Canvassing Any applicant who is found to have approached a panel member regarding a post with a view to seeking favourable treatment will be disqualified. Equal Opportunities The Education Authority is fully committed to the promotion of equality of opportunity in employment to all. We aim to select the best person for the job and all recruitment decisions will be made objectively.

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Issuing of Correspondence All correspondence regarding the selection process will be forwarded to you via e-mail where an e-mail address is provided on your application form. It is important that the e-mail address you supply on your application form is your preferred e-mail address for receipt of correspondence. Travelling and subsistence Travel expenses will be paid in accordance with the provisions of the National Agreement on Pay and Conditions of Service, Part 3, paragraph 6.1 in respect of approved journeys necessary as an Officer of the Education Authority.

Disclosure of criminal background The post of Solicitor is an excepted profession under the Rehabilitation of Offenders (Exceptions) Order NI 1979. If appointed, the Education Authority will be required to undertake a Standard Disclosure of Criminal Background. Please note that you WILL be expected to meet the cost of a Standard Disclosure Certificate which is currently £26. Details of how to make payment will be sent at the pre-employment stage. Further details in relation to legislative requirements can be accessed on www.nidirect.gov.uk/vetting or www.dojni.gov.uk/accessni

References

This appointment may be subject to satisfactory references being received.

Mobility Clause

The post will be located in Education Authority, Dundonald Office or at any alternative premises as may be reasonably required.

It is essential that you fully describe in the application form how you meet the criteria sought. Please provide detailed information against each requirement, providing dates and ensuring that where requirements are time bounded (e.g. 1 year within the last 5 years) you provide

detail and dates that fully satisfy the requirement. It is not appropriate to simply list the various posts that you have held. Assumptions will not be made from the title of your post.

Canvassing will disqualify

LATE OR FAXED APPLICATION FORMS WILL NOT BE ACCEPTED

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Section 6 - Summary of Terms and Conditions of Service

SUMMARY OF TERMS AND CONDITIONS OF SERVICE

The Conditions of Service are determined by the National Joint Council (NJC) for Local Government Services. HOURS Please refer to the Candidate Information Pack for hours relating to the post. The full-time hours for an EA employee are 36 hours per week. Employees are required to work such hours as are necessary for the efficient discharge of the duties of the post. REMUNERATION

Details relating to the salary scale/rate of pay are in accordance with the agreement relating to your grade. Your hours of work exclude meal breaks. The Candidate Information Pack provides the salary scale/rate of pay relating to the post.

EA employees are paid by Bankers Automatic Clearing System (BACS) on a monthly basis. Employees must

have a current bank account and provide details prior to the first date of commencement of employment.

ANNUAL LEAVE, PUBLIC HOLIDAYS AND EXTRA-STATUTORY HOLIDAYS

In accordance with the Working Time Regulations (Northern Ireland) 1998 (as amended), all employees have a statutory entitlement to a minimum of 5.6 weeks paid holiday.

The basic annual leave entitlement is increased after 5 years’ service in accordance with existing

agreements. In addition, there are normally 12 public and extra-statutory holidays in any leave year. Employees who work less than a 5 day/36 hour week, and/or fewer than 52 weeks per annum will have an

entitlement to leave that is pro rata to the hours, days and weeks worked.

EDUCATION AUTHORITY OFFICE STAFF

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The leave year extends from 1 April in one year to 31 March the following year. New entrants will be entitled to leave proportionate to the completed months of service during the first year of entry.

In the event that the location, at which you are based, closes over a holiday period, you will be required to

take annual leave accordingly. Alternatively, where it is possible to work from another location, you may request to do so; though any such arrangement must be approved, in advance, by your Line Manager.

OCCUPATIONAL SICK PAY Occupational sick pay is paid in accordance with NJC Conditions of Service.

Employees who work less than a 5 day/36 hour week, and/or fewer than 52 weeks per annum will have an entitlement that is pro rata to the hours, days and weeks worked.

MATERNITY, ADOPTION, PATERNITY AND PARENTAL LEAVE

The Education Authority has Schemes in operation for the provision of Maternity, Adoption, Paternity and Parental leave. Further information is available from Human Resource Services. PROBATIONARY PERIOD The first 26 weeks of service is defined as the probationary period, at the end of which, subject to a satisfactory report compiled by the appropriate Line Manager, an appointment is confirmed.

SUPERANNUATION The Pension Scheme provided by the Education Authority is the LGPS (NI) which is administered by the Northern Ireland Local Government Officer’s’ Superannuation Committee (NILGOSC). NILGOSC operates a qualifying pension scheme which meets or exceeds the Government’s standards. The Education Authority currently operates automatic enrolment, whereby eligible employees are brought into the pension scheme but have the option to opt out if desired. Auto enrolment was introduced by the government to encourage people to save for their retirement.

Salary range Minimum

Entitlement After 5

years’ service

NJC Pts 4 – 17

21 days 28 days

NJC Pts 18 – 25

21 days 29 days

NJC Pts 26 – 36

23 days 30 days

NJC Pts 38 – 49 25 days 31 days

NJC Pts 49 and over

27 days 33 days

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For more information please visit the NILGOSC website www.nilgosc.org.uk or contact NILGOSC on telephone number 0845 308 7346 or by e-mail info@nilgosc.org.uk. RETIREMENT Employees who contribute to the Local Government Pension Scheme can retire and receive benefits in full once retirement age is reached. Further information is available from Human Resource Services. NOTICE PERIOD The minimum period of notice employees are required to give to terminate employment is not less than 1 calendar month/4 weeks. Employees on salary NJC Pt. 42 and above (or equivalent) are required to give 3 calendar months’ notice.

CODE OF CONDUCT

Failure to comply with the Code of Employment may be considered a disciplinary offence and/or could result in the offer of employment being withdrawn and/or could result in dismissal. A copy of the current Code of is available from the Education Authority Human Resources Services.

UNDERTAKING WORK IN ADDITION TO THIS POST Employees intending to undertake any other paid employment or work should, prior to undertaking the other work, notify the Education Authority of their intention to do so. Other employment can only be undertaken where the Education Authority has granted written approval. CHILD PROTECTION The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 defines working directly with children or young people or in specified places as ‘regulated activity’. Appointment to a post defined as ‘regulated activity’ is subject to a satisfactory outcome of the vetting procedure, including receipt of a satisfactory Enhanced Disclosure Certificate from AccessNI. OTHER POLICIES AND PROCEDURES Other policies and Procedures are available from Human Resource Services on request or available to view on the Education Authority website www.eani.org.uk