Search Legislation

School Teachers’ Pay and Conditions Act 1991

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

School Teachers’ Pay and Conditions Act 1991, Section 2 is up to date with all changes known to be in force on or before 23 July 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Commencement Orders yet to be applied to the School Teachers’ Pay and Conditions Act 1991

Commencement Orders bringing legislation that affects this Act into force:

2 Orders relating to statutory conditions of employment.F11E+W

(1)Where, following the reference of any matters to them under section 1 above, the review body have made a report, the Secretary of State may, after consulting—

(a)such associations of local education authorities as appear to him to be concerned and any local education authority with whom consultation appears to him to be desirable,

(b)such bodies representing the interests of [F1governing bodies of foundation, voluntary and foundation special schools] as appear to him to be concerned, and

(c)such bodies representing school teachers as appear to him to be concerned,

make provision by order giving effect to the recommendations of the review body, with or without modification, or making such other provision with respect to the matters referred to the review body as he thinks fit.

F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)An order under this section is in the following provisions of this Act referred to as a “pay and conditions order”, and such an order shall either—

(a)contain the provision to be made; or

(b)refer to provisions set out in a document published [F3in accordance with the order] and direct that those provisions shall have effect or, as the case may be, be amended in accordance with the order.

(4)A pay and conditions order may, in particular, as regards the statutory conditions of employment of school teachers do all or any of the following—

(a)confer discretion on the local education authority or, F4. . . on the governing body of the school with respect to any matter F5. . .;

(b)make provision as to the aggregate amount of allowances payable to teachers in a school;

(c)set lower and upper limits on the number or proportion of teachers in a school to be paid on specified scales or who are at any specified time to be paid any specified allowance;

(d)provide for the designation of schools in relation to which special provisions apply;

(e)provide for the determination of any questions arising as to the interpretation or application of the provisions set out or referred to in the order;

(f)make provision which is retrospective, but not so as to require the reduction of a teacher’s remuneration in respect of a past period or so as to alter for any past period any other statutory condition of employment to the detriment of a teacher;

(g)provide that, to the extent specified in the order, matters may be settled by agreement between, or in a manner agreed between, teachers and local education authorities [F6in accordance with the order];

F7(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Without prejudice to his power to make a pay and conditions order by virtue of subsection (1) above, after consulting the associations, authorities and other bodies referred to in paragraphs (a) to (c) of subsection (1) above F8. . ., the Secretary of State may make a pay and conditions order by virtue of this subsection if—

(a)it appears to the Secretary of State, following consultation with the chairman (or, in his absence, the deputy chairman) of the review body, that the provision proposed to be made by the order is not of so significant a nature that the matter to which it relates should be referred to the review body under section 1 above; and

(b)it appears to the Secretary of State to be expedient to make the provision in question.

(6)Subject to [F9sections 3 and 3A] below and to any amendment or revocation by a later pay and conditions order, the effect of a pay and conditions order is that,—

(a)so far as it relates to remuneration, the remuneration of school teachers to whom the order applies shall be determined, and paid to school teachers by local education authorities F10. . . in accordance with the scales and other provisions set out or referred to in the order; and

(b)so far as it relates to other statutory conditions of employment, the provisions set out or referred to in the order shall have effect as terms of the contracts of employment of school teachers to whom the order applies.

(7)Subject to [F9sections 3 and 3A] below, so far as concerns his statutory conditions of employment, the contract of employment of a school teacher shall contain no terms other than those which have effect by virtue of a pay and conditions order.

(8)Without prejudice to section 14 of the M1Interpretation Act 1978 (power to make an order implies a power, exercisable in the same manner etc, to revoke or amend a previous order made under that power) a pay and conditions order made by virtue of subsection (1) above may revoke or amend, or may be revoked or amended by, a pay and conditions order made by virtue of subsection (5) above.

(9)A pay and conditions order shall be made by statutory instrument and,—

(a)if the order gives effect without any material modification to recommendations of the review body or is made by virtue of subsection (5) above, the order shall contain a statement that it does so or, as the case may be, is so made; and

(b)in any other case, the statutory instrument by which the order is made shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

Modifications etc. (not altering text)

C1S. 2(6)(7) excluded: (1.9.1993) by S.I. 1993/1976, art. 2; (1.9.1995) by S.I. 1995/2087, art. 2

S. 2(6)(7) excluded (1.6.1999) by S.I. 1999/1385, art. 2

S. 2(6)(7) excluded (15.11.1999) by S.I. 1999/2879, art.2

Commencement Information

I1S. 2 wholly in force: s. 2(1)-(6)(8) in force at 6.3.1992 by S.I. 1992/532, art. 3 (with art. 4); S. 2(9) in force at 30.3.1992 by S.I. 1992/988, art. 2; s. 2(7) in force at 4.12.1992 by S.I. 1992/3070, art. 2.

Marginal Citations

Textual Amendments applied to the whole legislation

F11Act repealed (1.10.2002 as regards s. 1 and Sch. otherwise prosp.) by Education Act 2002 (c. 32), { ss. 130}, 216(2), {Sch. 22 Pt. 1}; S.I. 2002/2439, art. 2

Non-textual amendments applied to the whole Legislation can be found in the Introduction

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources