Statutory Instruments
EDUCATION, ENGLAND AND WALES
Made
21st August 2003
Laid before Parliament
28th August 2003
Coming into force
1st September 2003
Whereas the review body established under section 1 of the School Teachers' Pay and Conditions Act 1991(1) have made a report following the reference to them of certain matters;
And whereas the Secretary of State has consulted, in accordance with section 126 of the Education Act 2002(2) (“the Act”), such associations of local education authorities, such local education authorities, such bodies representing the interests of governing bodies of schools and such bodies representing the interests of teachers as appeared to him to be appropriate having regard to the contents of this Order;
Now, therefore the Secretary of State, in exercise of the powers conferred by sections 122(1), 123, 124 and 210 of the Act hereby makes the following Order:
1.—(1) This Order may be cited as the Education (School Teachers' Pay and Conditions) (No. 2) Order 2003 and shall come into force on 1st September 2003.
(2) The Education (School Teachers' Pay and Conditions) (No. 2) Order 2002(3), the Education (School Teachers' Pay and Conditions) Order 2003(4) and the Education (School Teachers' Pay and Conditions) (Amendment) Regulations 2003(5) are hereby revoked.
2. This Order applies to school teachers within the meaning of section 122 of the Act in England and Wales(6).
3. It is hereby directed that the provisions set out in section 2 of the document published by The Stationery Office Limited and entitled “School Teachers' Pay and Conditions Document 2003 and Guidance on School Teachers' Pay and Conditions”(7) shall have effect from 1st September 2003, save for the provisions set out in part 1 of Annex 6 which shall have effect from 1st September 2004 and for those set out in part 2 of that Annex which shall have effect from 1st September 2005.
David Miliband
Minister of State,
Department for Education and Skills
21st August 2003
(This note is not part of the Order)
This Order which is made under sections 122(1), 123 and 124 of the Education Act 2002 (“the Act”) refers to a document entitled “School Teachers' Pay and Conditions Document 2003 and Guidance on School Teachers' Pay and Conditions” published by The Stationery Office Limited, which is obtainable from Government book shops and through booksellers. It can also be found on the internet at http://www.teachernet.gov.uk/management/payandperformance/pay/strb2003/
It revokes the Orders giving effect to and amending the previous School Teachers' Pay and Conditions Document 2002.
The Order directs that the provisions set out in section 2 of the document shall have effect from 1st September 2003 save for those provisions set out in part 1 of Annex 6 which shall have effect from 1st September 2004 and those set out in part 2 of Annex 6 which shall have effect from 1st September 2005.
The Order applies to all school teachers within the meaning of section 122 of the Act in England and Wales. By virtue of section 122(2)(a) of the Act, the remuneration of school teachers to whom the Order applies is to be determined and paid to them by local education authorities in accordance with the pay scales and other provisions of section 2 of the document. By virtue of section 124(3)(b) of the Act, the provisions set out in section 2 of the document relating to the statutory conditions of employment have effect as terms of the contracts of employment of school teachers to whom the Order applies.
1991 c. 49. Section 1 was repealed by section 215(2) of and Part 1 of Schedule 22 to the Education Act 2002 (c. 32.) but the review body continues to exist by virtue of section 119(1) of that Act.
2002 c. 32. The consultation was conducted under section 1 of the School Teachers' Pay and Conditions Act 1991 and has effect as if conducted under section 126 of the Education Act 2002 by virtue of section 17 of the Interpretation Act 1978 (c. 30).
S.I. 2002/2223.
S.I. 2003/769.
S.I. 2003/1708.
In relation to Wales regulation 6(2) of the Education Act 2002 (Transitional Provisions) (Wales) Regulations 2002 (S.I. 2002/3184) provides that section 122(3)(d) of the Act does not apply until regulations under section 133 of the Act come into force.
ISBN 0-11-271146-4.