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School Teachers’ Pay and Conditions Act 1991
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- 1991 c. 49
- Section 5
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5 Interpretation, orders and application of provisions of Education Act 1944.E+W
(1)In this Act—
“contract of employment”, in relation to a school teacher, means the contract, whether a contract of service or for services, under which he performs his duties as teacher;
“pay and conditions order” has the meaning given by section 2(3) above;
“the review body” has the meaning given by section 1(1) above;
“school teacher” means, subject to subsection (2) below, a teacher employed by—
(a)a local education authority, or
(b)the governing body of a voluntary or grant-maintained school,
in the provision of primary or secondary education;
[F1 “school which has a dedicated budget” has the same meaning as in [F2Part II of the Education Act 1996]]; and
“statutory conditions of employment” has (subject to subsection (3) below) the meaning given by section 1(2) above;
and other expressions used in this Act have the same meaning as in [F3that Act].
(2)A person employed as a teacher in an establishment maintained by a local authority in the exercise of a social services function is not a school teacher for the purposes of this Act.
(3)For the purposes of this Act, the Secretary of State may by order made by statutory instrument provide that, with effect from the date on which the order comes into force or such later date as may be specified in or determined under the order,—
(a)any payment or other benefit specified in the order is, or as the case may be is not, to be regarded as remuneration; or
(b)any matter is, or as the case may be is not, to be regarded as falling within the professional duties or working time of school teachers.
(4)An order under any provision of this Act may—
(a)make different provision for different cases, including different provision for different areas; and
(b)contain such incidental, supplemental or transitional provisions as the Secretary of State thinks fit.
(5)In [F4sections 496 and 497 of the Education Act 1996] (powers of Secretary of State in relation to functions of certain bodies under that Act), any reference to that Act includes a reference to this Act.
Textual Amendments
F1S. 5: definition of "school which has a delegated budget" omitted (1.4.1999) by virtue of S.I. 1999/638, reg.3
F2Words in s. 5(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 101(4)(a)(i) (with ss. 1(4), 561, 562, Sch. 39)
F3Words in s. 5(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 101(4)(a)(ii) (with ss. 1(4), 561, 562, Sch. 39)
F4Words in s. 5(5) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 101(4)(b) (with ss. 1(4), 561, 562, Sch. 39)
Commencement Information
I1S. 5 wholly in force at 22.8.1991 see s. 6(5) and S.I. 1991/1874, art. 2
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