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2004 No. 658

EDUCATION, ENGLAND AND WALES

The Education (School Teachers' Pay and Conditions) Order 2004

  Made 10th March 2004 
  Laid before Parliament 10th March 2004 
  Coming into force
  Article 1 and 2(a)-(cc) 1st April 2004 
  Article 2(dd) and Part 1 of the Schedule 1st April 2005 
  Article 2(ee) and Part 2 of the Schedule 1st September 2005 

Whereas the School Teachers' Review Body[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], such associations of local education authorities, such bodies representing the interests of governors of foundation, voluntary and foundation special schools and such bodies representing school teachers as appeared to him to be concerned:

     Now therefore the Secretary of State, in exercise of the powers conferred by sections 122(1), 123(1) and (4), 124(1) and (3), 125 and 210(7) of the Education Act 2002, hereby makes the following Order:

Citation, commencement and application
     1.  - (1) This Order may be cited as the Education (School Teachers' Pay and Conditions) Order 2004 and shall come into force on 1st April 2004, except for - 

    (2) This Order applies to school teachers within the meaning of section 122 of the Education Act 2002 in England and Wales.

School Teachers' Pay and Conditions
    
2. 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"[3] shall have effect with the following amendments - 


David Miliband
Minister of State Department for Education and Skills

10th March 2004



SCHEDULE
Article 2(dd) and (ee)




EXPLANATORY NOTE

(This note is not part of the Order)


This Order amends the School Teachers' Pay and Conditions Document 2003 ("the Document") by up-rating the amounts of salary and certain allowances and by replacing the Outer London and Fringe Area allowances with new Outer London and Fringe Area pay scales. New tables that include provision for the Outer London and Fringe Areas replace the following - 

The value of the special educational needs allowances set out in paragraph 25.1 of the Document is increased.

The first increase takes effect from 1st April 2004. Subsequent increases, for which the Schedule makes provision, take effect from 1st April 2005 and 1st September 2005.

The Order abolishes recruitment and retention allowances (formerly paid under paragraph 24 of the Document, now omitted) and amends the basis on which recruitment and retention incentives and benefits (collectively referred to as "allowances") can be awarded under paragraph 48 of the Document, so that such allowances can only be awarded either as a 'one-off' or for a fixed period of up to three years. Recruitment incentives cannot be renewed. Fixed term allowances awarded prior to the date of this Order are preserved until the long stop date of 31st March 2007. Permanent allowances or ones that were awarded for as long as the teacher remained in a particular post cease to have effect from 1st April 2004.

Management allowances must henceforth be awarded for a fixed period not exceeding one year, although allowances awarded prior to 1st April may be retained for the period for which they were originally awarded even if that was for a fixed period exceeding a year or while the teacher continues in the same post.

The eligibility criteria for fast track assessment in Annex 3 are amended to enable teachers who are entitled to be paid at point M6 on the main pay scale to be included in the scheme.


Notes:

[1] The School Teachers' Review Body ("STRB") was established under section 1 of the School Teachers' Pay and Conditions Act 1991 (c. 49). Section 1 of that Act was repealed by section 215(2) and Part 1 of Schedule 22 to the Education Act 2002 but the STRB continues to exist by virtue of section 119(1) of that Act.back

[2] 2002 c. 32.back

[3] ISBN 0 11 271146 4. Section 2 was given effect by the Education (School Teachers' Pay and Conditions) (No.2) Order 2003 (S.I.2003/2169).back

[4] Amended by the Education (School Teachers' Pay and Conditions) (No. 3) Order 2003 (S.I.2003/2640).back



ISBN 0 11 048906 3


  © Crown copyright 2004

Prepared 18 March 2004


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URL: http://www.bailii.org/uk/legis/num_reg/2004/20040658.html