Education Act 2002

123 Order under section 122: scopeE+W

(1)An order under section 122 may, in particular—

(a)confer discretion on a [F1local authority] or a governing body;

(b)confer a function (which may include the administration of a test or assessment, the exercise of a discretion or the exercise of a supervisory or appellate jurisdiction) on the Secretary of State or on a specified person who has agreed with the Secretary of State to perform that function;

(c)require a discretion or function conferred under paragraph (a) or (b) to be exercised having regard to guidance given by the Secretary of State or another specified person;

(d)make provision for the determination of a teacher’s remuneration by reference to any matter including, in particular, his qualifications, experience, duties, aptitude or previous salary;

(e)make provision for a right of appeal specified by or determined in accordance with the order;

(f)limit the aggregate amount of an allowance, or of a number of allowances, payable to teachers in a school;

(g)set a lower or upper limit on the number or proportion of teachers in a school who are paid on a specified scale;

(h)set a lower or upper limit on the number or proportion of teachers in a school who are paid a specified allowance;

(i)provide for special provisions to apply in relation to a description of school specified by or determined in accordance with the order;

(j)provide for the determination of a question of the interpretation or application of a provision of the order.

(2)Provision under subsection (1)(e) or (j) may—

(a)confer jurisdiction on a court, tribunal, person or body;

(b)provide for a matter to be settled by agreement between, or in a manner agreed between, teachers and [F2local authorities] or teachers and governing bodies.

(3)An order under section 122 may make retrospective provision, but not so as to—

(a)reduce remuneration in respect of a period wholly or partly before the making of the order, or

(b)alter a condition of employment to the detriment of a teacher in respect of a period wholly or partly before the making of the order.

(4)The Secretary of State may by order provide—

(a)that a payment or entitlement of a specified kind is or is not to be treated as remuneration for the purpose of section 122(1);

(b)that a specified matter is or is not to be treated for that purpose as relating to the professional duties of school teachers;

(c)that a specified matter is or is not to be treated for that purpose as relating to the working time of school teachers.