http://www.legislation.gov.uk/ukpga/1987/1Teachers’ Pay and Conditions Act 1987 (repealed 6.3.1992)An Act to repeal the Remuneration of Teachers Act 1965; to make temporary provision with respect to the remuneration and other conditions of employment of school teachers and as to certain arrangements for settling the remuneration and other conditions of employment of teachers in further education; and for connected purposes.1987-03-02texttext/xmlenStatute Law Database2011-05-271992-03-06 1987 c. 111The Remuneration of Teachers Act 1965 is repealed.2The remuneration of teachers shall continue to be determined, and paid to teachers by local education authorities, in accordance with the scales and allowances in payment, and other provisions in force, immediately before the passing of this Act until those provisions are superseded—ain the case of school teachers, by provisions having effect under this Act;bin the case of teachers in further education, by provisions agreed between, or settled in a manner agreed between, teachers and their employers.21The Secretary of State shall appoint an Interim Advisory Committee on School Teachers’ Pay and Conditions to examine and report to him on such matters relating to the remuneration and other conditions of employment of school teachers in England and Wales as he may refer to them.2The members of the Committee shall include persons having relevant knowledge of or experience in education.3Schedule 1 has effect with respect to the constitution and proceedings of the Committee.4The Secretary of State may give directions to the Committee with respect to matters referred to them as to considerations to which they are to have regard and financial or other constraints to which their recommendations are to be subject, and as to the time within which they are to report to him.5Where a matter has been referred to the Committee, they shall give notice of the matter and of any relevant direction—ato such associations of local education authorities as appear to them to be concerned and to any local education authority with whom consultation appears to them to be desirable,bto such bodies representing the interests of governors of voluntary schools as appear to them to be concerned, andcto such organisations representing school teachers as appear to them to be concerned,and shall afford them a reasonable opportunity of submitting evidence and representations with respect to the issues arising.6The report of the Committee to the Secretary of State shall contain their recommendations on the matter referred to them and such other advice relating to that matter as they think fit.7The Secretary of State shall, upon receiving a report from the Committee, arrange for it to be published.31Where the Advisory Committee has reported to the Secretary of State on any matter, he may, after consulting—asuch 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,bsuch bodies representing the interests of governors of voluntary schools as appear to him to be concerned, andcsuch organisations representing school teachers as appear to him to be concerned,make provision by order made by statutory instrument giving effect to the recommendations of the Committee, with or without modification, or making such other provision with respect to that matter as he thinks fit.2An order which contains a statement that it gives effect without any material modification to recommendations of the Committee shall be subject to annulment in pursuance of a resolution of either House of Parliament; and an order which does not contain such a statement shall not be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.3An order may, instead of containing the provision to be made, refer to provisions set out in a document published by Her Majesty’s Stationery Office and direct that those provisions shall have effect or, as the case may be, be amended in accordance with the order.4An order may make different provision for different cases, including different provision for different areas.5An order may, in particular, as regards remuneration—aconfer discretion on the local education authority or, in the case of a grant-maintained school, on the governing body of the school with respect to any matter and provide for any discretion so conferred on a local education authority to be exercisable instead by the governing body of any school to which section 44 or 45 of the Education Reform Act 1988 for the time being applies;bmake provision as to the aggregate amount of allowances payable to teachers in a school;cset 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;dprovide for the designation of schools in relation to which special provisions apply;eprovide for the determination of any questions arising as to the interpretation or application of the provisions set out or referred to in the order;fmake retrospective provision, but not so as to require the reduction of a teacher’s pay in respect of a past period;gprovide 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.hprovide, in the case of grant-maintained schools, that to the extent specified in the order matters may be settled by agreement between, or in a manner agreed between, teachers in such schools and the governing bodies of such schools.6The effect of an order is—aso far as it relates to remuneration, that the remuneration of teachers to whom the order applies shall be determined, and paid to teachers by local education authorities or, in the case of teachers in grant-maintained schools, by the governing bodies of such schools, in accordance with the scales and other provisions set out or referred to in the order, andbso far as it relates to conditions of employment other than remuneration, that the provisions set out or referred to in the order shall have effect as terms of the contracts of employment of teachers to whom the order applies;and the provisions of a teacher’s contract of employment shall have, or continue to have, effect only so far as consistent with those provisions.7The Secretary of State may by order made by statutory instrument coming into force on or before 1st October 1987, without any report of the Advisory Committee but after consulting—asuch 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,bsuch bodies representing the interests of governors of voluntary schools as appear to him to be concerned, andcsuch organisations representing school teachers as appear to him to be concerned,make such provision as he thinks fit with respect to the remuneration and other conditions of employment of school teachers in England and Wales.8Any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament; and subsections (3) to (6) apply to such an order as they apply to an order under subsection (1).9The first order under this section may include provision as regards remuneration in respect of the period between 1st April 1986 and the passing of this Act.41Any arrangements for settling for the whole of England and Wales any matter relating to the remuneration and other conditions of employment of teachers in further education, or any description of such teachers, shall be such that every organisation which—awas represented immediately before the passing of this Act on the Burnham Further Education Committee, andbhas members whose conditions of employment may be affected, is afforded a reasonable opportunity of participating in the process.2The “Burnham Further Education Committee” means the committee set up in pursuance of section 1 of the Remuneration of Teachers Act 1965 to consider the remuneration payable to teachers in further education.3It is the duty of the parties to any such arrangements to take any steps necessary to secure that the requirements of this section are complied with.4This section applies to arrangements notwithstanding that they were made before the passing of this Act and any steps required to be taken in relation to such arrangements shall be taken before anything is done in pursuance of the arrangements after the passing of this Act.5There shall be paid out of money provided by Parliament any expenses of the Secretary of State under this Act and any increase attributable to this Act in the sums so payable under any other Act.61This Act shall expire on 31st March 1990 unless continued in force under this section.2The Secretary of State may by order made—ain the case of the first order, on or before 31st December 1989, andbin the case of any subsequent order, before the end of the calendar year before the 31st March on which this Act is due to expire,provide that this Act shall continue in force for a further year.3On the expiry of this Act any order under section 3 in force immediately before expiry shall continue to have effect in accordance with section 3(6) in relation to any contract of employment entered into before the expiry until superseded by provisions agreed between, or settled in a manner agreed between, teachers and their employers.4An order under this section shall be made by statutory instrument which shall not be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.71In this Act—“Advisory Committee” means the Interim Advisory Committee on School Teachers’ Pay and Conditions appointed under section 2;“contract of employment”, in relation to a teacher, means the contract, whether a contract of service or for services, under which he performs his duties as teacher;“school teacher” means—a teacher in a primary or secondary school maintained by a local education authoritya teacher in a grant-maintained school;, ora person employed by a local education authority as a teacher in the provision of primary or secondary education,other than a person employed as a teacher in an establishment maintained by a local authority in the exercise of a social services function;“teacher in further education” means a teacher paid by a local education authority who is—employed in an establishment of further education, orotherwise employed by a local education authority for the purposes of their functions relating to further education,other than a teacher seconded to a body which reimburses the employing authority the amount of his salary.2This Act shall be construed as one with the Education Act 1944.81This Act may be cited as the Teachers’ Pay and Conditions Act 1987.2The enactments mentioned in Schedule 2 are repealed to the extent specified.3This Act extends to England and Wales only, except for paragraph 4 of Schedule 1 (amendment as to House of Commons disqualification) which extends to the whole of the United Kingdom.SCHEDULE 1Section 2(3).Section 8(2).

Chapter	Short title	Extent of Repeal
1965 c. 3.	Remuneration of Teachers Act 1965.	The whole Act.
1975 c. 71.	Employment Protection Act 1975.	In Part IV of Schedule 16, paragraph 11.
1986 c. 1.	Education (Amendment) Act 1986.	Section 2.

Act repealed (E.W.) (6.3.1992) by School Teachers' Pay and Conditions Act 1991 (c. 49), s. 6(3), Sch.2; S.I. 1992/532, art.3 (with art. 4).1965 c. 3. S. 3(1): s. 3(1) (with s. 3(3)(4)(5)) power exercised by S.I.1991/1459.For previous exercises of power see Index to the Government OrdersS. 3(5)(a): power to amend conferred by Education Reform Act 1988 (c. 40, SIF 41:1), s. 46(1), Sch. 4 para. 1(2)Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 38(2)Words added by S.I. 1988/2074, art. 2S. 3(5)(h) inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 38(3)Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), s. 231(7), 235(6), 237(1), Sch. 12 para. 38(4)1965 c. 3. S. 6: power previously exercised by S.I. 1989/2366 and 1990/2516S. 6(2): s. 6(2) power exercised (23.12.1991) by S.I. 1991/2944S. 7(1)(aa) inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 391944 c 31. 1975 c. 24.