The Education and Libraries (Northern Ireland) Order 1993

Salaries and other terms and conditions of employment of teachers N.I.

42.—(1) In the 1986 Order for Article 69 there shall be substituted the following Article—

“Salaries and other terms and conditions of employment of teachers

69.— (1) Except as provided by paragraph (3)—

(a) the rates of salaries and the allowances which are to be paid to teachers to whom this Article applies; and

(b) the other terms and conditions of employment of such teachers,

shall be determined by the Department.

(2) This Article applies to—

(a) teachers employed in grant-aided schools;

(b) teachers employed in institutions of further education; and

(c) peripatetic teachers.

(3) In such circumstances and subject to such conditions as the Department may direct, the rates of salaries and the allowances which are to be paid to teachers of a class or description specified by the Department in the directions shall be determined by a body or person so specified.

(4) Before giving any directions under paragraph (3), the Department shall consult—

(a) such representatives of employing authorities and such representatives of teachers as appear to it to be concerned; and

(b) any other person with whom consultation appears to it to be desirable.

(5) In paragraph (4) “employing authority” means—

(a) in relation to teachers employed in controlled schools and institutions of further education, the board by which they are employed;

(b) in relation to teachers employed by the Council for Catholic Maintained Schools, that Council;

(c) in relation to teachers employed in a voluntary school (other than a Catholic maintained school), the Board of Governors of that school;

(d) in relation to teachers employed in a grant-maintained integrated school, the Board of Governors of the school;

(e) in relation to peripatetic teachers, the board by which they are employed.

(6) A determination under paragraph (1) or (3)—

(a) shall be made in writing;

(b) shall be published in such manner as the Department or, as the case may be, the body or person making the determination thinks fit;

(c) may contain such transitional and supplementary provisions as the Department or, as the case may be, that body or person thinks fit; and

(d) may have effect from a date earlier than the date on which it is made.

(7) Where any question arises as to the rate of salary or allowance to be paid under this Article to a teacher—

(a) where that rate of salary or allowance falls in accordance with directions under paragraph (3) to be determined by a body or person specified in those directions, the decision of that body or person shall, except on a question of law, be final;

(b) in any other case, the decision of the Department shall, except on a question of law, be final.

(8) The terms and conditions upon which a teacher (other than a temporary or part-time teacher) is employed shall be set out in an agreement entered into between the teacher and the employer and the agreement shall be in such form as may be approved by the Department.”.

(2) In Article 70 of the 1986 Order the following provisions (which relate to terms and conditions of employment of teachers and are superseded by paragraph (1)) shall cease to have effect, namely—

(a) paragraph (1)(b);

(b) paragraph (3).

(3) Subject to paragraph (4), any regulations which—

(a) were made under Article 69 or 70(1)(b) of the 1986 Order; and

(b) were in operation immediately before the coming into operation of this Article,

shall, in so far as they relate to teachers to whom Article 69 of the 1986 Order (as substituted by paragraph (1)) applies, have effect as from the coming into operation of this Article as if they were determinations made by the Department under Article 69(1) of the 1986 Order (as so substituted).

(4) Any provisions included in any regulations mentioned in paragraph (3) by virtue of Article 69(3) of the 1986 Order shall, in so far as they relate to teachers so mentioned, have effect as from the coming into operation of this Article as if they were directions given by the Department under Article 69(3) of the 1986 Order (as substituted by paragraph (1)).

(5) Until the day appointed for the coming into operation of Article 41, Article 69 of the 1986 Order (as substituted by paragraph (1)) shall apply to supply teachers as it applies to the teachers listed in paragraph (2) of that Article; and for the purposes of paragraph (4) of that Article as so applying the “employing authority” in relation to supply teachers means the body by which they are employed.