Part 8Teachers
Teachers’ pay and conditions
I1122 Power to prescribe pay and conditions
1
The Secretary of State may by order make provision for the determination of—
a
the remuneration of school teachers;
b
other conditions of employment of school teachers which relate to their professional duties or working time.
2
Where an order under this section applies to a school teacher—
a
his remuneration shall be determined and paid in accordance with any provision of the order which applies to him,
b
a provision of the order which relates to a condition of employment other than remuneration and which applies to him shall have effect as a term of his contract of employment, and
c
a term of that contract shall have no effect in so far as it makes provision which is prohibited by the order or which is otherwise inconsistent with a provision of the order.
3
A person is a school teacher for the purposes of this section if—
a
he is a qualified teacher,
b
he provides primary or secondary education under a contract of employment or for services,
c
the other party to the contract is a local education authority or the governing body of a foundation, voluntary aided or foundation special school, and
C1d
the contract requires him to carry out work of a kind which is specified by regulations under section 133(1).
4
A person is also a school teacher for the purposes of this section if he serves as the head teacher of a school maintained by a local education authority.
5
A person is also a school teacher for the purposes of this section if his case satisfies paragraphs (b), (c) and (d) of subsection (3) and—
a
he possesses a prescribed qualification,
b
he provides education of a prescribed kind or in prescribed circumstances (or both),
c
he is undertaking training of a prescribed kind, or obtaining experience of a prescribed kind, with a view to becoming a qualified teacher,
d
he is within a prescribed class of persons awaiting assessment for the purpose of becoming a qualified teacher, or
e
he is within a prescribed class of persons awaiting the award of a qualification.
6
A person providing education 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 section.
7
In the application of subsection (2)—
a
it is immaterial whether someone other than the party mentioned in subsection (3)(c) provides or is responsible for providing all or part of a teacher’s remuneration,
b
it is immaterial whether someone other than the party mentioned in subsection (3)(c) is treated wholly or partly as a teacher’s employer for some or all purposes by virtue of an enactment, and
c
in relation to a person who provides education under a contract for services, a reference to his contract of employment is a reference to the contract for services.
8
In this section “prescribed” means prescribed by an order under this section.