The Education (School Teachers' Pay and Conditions) (No. 3) Order 2005

Statutory Instruments

2005 No. 2212

EDUCATION, ENGLAND AND WALES

The Education (School Teachers' Pay and Conditions) (No. 3) Order 2005

Made

8th August 2005

Laid before Parliament

10th August 2005

Coming into force

1st September 2005

Whereas the School Teachers' Review Body(1) have, following the reference to them of certain matters, reported to the Prime Minister and to the Secretary of State in accordance with section 120 of the Education Act 2002(2);

And whereas the Secretary of State has consulted, in accordance with section 126 of that Act, such associations of local education authorities, such bodies representing the interests of governing bodies of schools and such bodies representing the interests of teachers as appeared to her to be appropriate having regard to the contents of this Order;

Now therefore, in exercise of the powers conferred on the Secretary of State by sections 122(1), 123, 124 and 210(7) of that Act, the Secretary of State for Education and Skills hereby makes the following Order:

1.  This Order may be cited as the Education (School Teachers' Pay and Conditions) (No. 3) Order 2005 and shall come into force on 1st September 2005.

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

3.  The Education (School Teachers' Pay and Conditions) Order 2004(3), Education (School Teachers' Pay and Conditions) Order 2005(4) and Education (School Teachers' Pay and Conditions) (No. 2) Order 2005(5) are revoked.

4.  It is 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 2005 and Guidance on School Teachers' Pay and Conditions”(6) have effect from 1st September 2005 except for the provisions set out in Annex 6 which have effect from 1st January 2006.

Beverley Hughes

Minister of State

Department for Education and Skills

8th August 2005

Explanatory Note

(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 2005 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/2005/School_Teachers_Pay_and_Conditions_Document_2005/

It revokes the Orders that gave effect to and amended the School Teachers' Pay and Conditions Document 2004.

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 in accordance with the pay scales and other provisions of section 2 of the document. By virtue of section 122(2)(b), the provisions set out in section 2 of the document relating to the conditions of employment of school teachers have effect as terms of the contracts of the employment of school teachers.

The Order directs that the provisions set out in section 2 of the document have effect from 1st September 2005 save for those provisions set out in Annex 6 which have effect from 1st January 2006.

(1)

The School Teachers' Review Body was established by section 1 of the School Teachers' Pay and Conditions Act 1991 (1991 c. 49). Section 1 was repealed by section 215(2) of, and Part 12 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.

(2)

2002 c. 32.

(3)

S.I. 2004/2142.

(4)

S.I. 2005/539.

(5)

S.I. 2005/1101.

(6)

ISBN 0 11 271180 4.