http://www.legislation.gov.uk/ukpga/2002/32/section/122AEducation Act 2002An Act to make provision about education, training and childcare.texttext/xmlenStatute Law Database2026-08-06Expert Participation2026-07-26 Education Act 2002s. 85 85AEducation and Inspections Act 2006s. 74(1)s. 188(3)Education Act 2002s. 86(1)Education and Inspections Act 2006s. 74(2)(c)s. 188(3)Education Act 2002s. 86(2)Education and Inspections Act 2006s. 74(2)(c)s. 188(3)Education Act 2002s. 88(2)-(7)Education and Inspections Act 2006s. 74(3)s. 188(3)Education Act 2002s. 29(2A)-(2D)Apprenticeships, Skills, Children and Learning Act 2009s. 260(4)s. 269(3)Education Act 2002s. 85A(5)Apprenticeships, Skills, Children and Learning Act 2009Sch. 12 para. 34s. 269(4)art. 2Sch. 1Education Act 2002specified provision(s)The Education Act 2002 (Commencement No. 6 and Transitional and Saving Provisions) (Amendment) Order 2005art. 2Education Act 2002s. 85AEducation Act 2011s. 31(2)s. 82(2)(b)Education Act 2002s. 29BEducation and Skills Act 2008s. 157s. 173(3)(4)Education Act 2002s. 210AEducation and Skills Act 2008Sch. 1 para. 79s. 173(3)(4)Education Act 2002specified provision(s)The Education (Hazardous Equipment and Materials) (England) Regulations 2004Sch.Education Act 2002s. 141A(1)(bb)-(bf)Children’s Wellbeing and Schools Act 2026s. 52(2)(a)(ii)s. 78(5)Education Act 2002s. 141B(3A)Children’s Wellbeing and Schools Act 2026s. 52(4)(b)s. 78(5)Education Act 2002s. 122A(10A)Children’s Wellbeing and Schools Act 2026Sch. 3 para. 6s. 78(2)(i)(5)Education Act 2002s. 129(5)(g) and wordThe Children’s Wellbeing and Schools Act 2026 (Establishment of Schools) (Consequential Amendments) Regulations 2026reg. 3(2)(b)reg. 1(2)Education Act 2002s. 27(1A)Children, Schools and Families Act 2010s. 4(1)s. 27s. 29(5)Education Act 2002s. 88(7)The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010Sch. 1 para. 45 Sch. 2 Pt. 1art. 2(3)art. 1(2)(a)(b)Education Act 2002s. 142(9)(b)The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010Sch. 2 para. 11(10)(b)art. 1Education Act 2002Pt. 8AEmployment Rights Act 2025Sch. 4 para. 1Contains power in ss. 148B, 148H, 148J, 148K, 148N, 148Os. 159(3)Education Act 2002Sch. 12AEmployment Rights Act 2025Sch. 4 para. 2Sch. 4 para. 5s. 159(3)Education Act 2002Sch. 2 para. 10AEmployment Rights Act 2025Sch. 4 para. 4(a)s. 159(3) Part 8122A1The Secretary of State may by order make provision requiring the remuneration of an Academy teacher to be at least equal to the amount specified in, or determined in accordance with, the order.2Subsection (3) applies where—aan order under this section applies to an Academy teacher, andbthe contract of employment or for services between the Academy teacher and the relevant proprietor provides for the teacher to be paid remuneration that is less than the amount specified in, or determined in accordance with, the order.3Where this subsection applies—athe Academy teacher’s remuneration is to be determined and paid in accordance with any provision of the order that applies to the teacher;bany provision of the contract mentioned in subsection (2)(b) or of the Academy arrangements entered into with the Secretary of State by the relevant proprietor has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the order.4A person is an Academy teacher for the purposes of this section in any of the following cases.5The first case is where—athe person provides primary or secondary education under a contract of employment or for services,bthe other party to the contract is the proprietor of an Academy,cthe contract requires the person to carry out work of a kind which is specified by regulations under section 133(1), anddthe person—iis not prevented by regulations under section 133(1) from carrying out that work, andiiis not of a description specified in regulations made by the Secretary of State for the purposes of this paragraph.6The second case is where the person—aserves as the principal of an Academy, andbis not appointed by the proprietor of the Academy as an executive leader of the proprietor.7The third case is where the person would fall within section 122(5) but for the fact that the other party to the contract of employment or for services under which the person provides primary or secondary education is the proprietor of an Academy (and not a party mentioned in section 122(3)(c)).8Regulations under subsection (5)(d) may, in particular, specify a description by reference to a person’s duties or to any provision for a person’s remuneration to be determined otherwise than under this section.9Where the proprietor of an Academy is also the proprietor of a 16 to 19 Academy, a person (“P”) is not an Academy teacher for the purposes of this section to the extent that a contract of employment or for services between P and the proprietor requires P to provide secondary education at the 16 to 19 Academy.10In the application of subsections (2) and (3)—ait is immaterial whether someone other than the relevant proprietor provides or is responsible for providing all or part of a teacher’s remuneration;bit is immaterial whether someone other than the relevant proprietor is treated wholly or partly as a teacher’s employer for some or all purposes by virtue of an enactment.11In this section “the relevant proprietor”, in relation to an Academy teacher, means the proprietor mentioned in subsection (5)(b), (6)(b) or (7) (as the case may be).S. 122A inserted (29.4.2026 for specified purposes, 29.6.2026 in so far as not already in force) by Children’s Wellbeing and Schools Act 2026 (c. 21), s. 78(1)(a)(2)(i), Sch. 3 para. 5