Part 8E+WTeachers

Teachers’ pay and conditionsE+W

125 Reference to Review BodyE+W

(1)An order under section 122 may make provision about a matter only if the Secretary of State has—

(a)referred the matter to the School Teachers’ Review Body under section 120, and

(b)considered their report.

(2)But subsection (1) shall not apply—

(a)to subsidiary provision, or

(b)in a case where the Secretary of State has consulted the chairman of the Review Body about disapplying that subsection.

(3)Provision is subsidiary for the purpose of subsection (2)(a) if the Secretary of State thinks that it—

(a)concerns only the criteria for entry into or exit from a particular class of teachers for purposes of remuneration,

(b)concerns only the criteria for moving from one scale of remuneration to another,

(c)concerns only the implementation or application of a system or principle on which the Review Body has reported,

(d)prescribes a matter for the purpose of section 122(5),

(e)is made under section 123(4), or

(f)is minor, consequential, temporary, transitional or designed to resolve an anomaly.

(4)The Secretary of State may by order provide that provision of a specified kind (which may be described wholly or partly by reference to an opinion of the Secretary of State or another person)—

(a)shall be subsidiary for the purpose of subsection (2)(a), or

(b)shall cease to be subsidiary for that purpose.

(5)An order under subsection (4) may amend subsection (3).