Part 8

Teachers

Teachers’ pay and conditions

Order under section 122: scope
123
1
An order under section 122 may, in particular—
a
confer discretion on a local authority or a governing body;
b
confer a function (which may include the administration of a test or assessment, the exercise of a discretion or the exercise of a supervisory or appellate jurisdiction) on the Secretary of State or on a specified person who has agreed with the Secretary of State to perform that function;
c
require a discretion or function conferred under paragraph (a) or (b) to be exercised having regard to guidance given by the Secretary of State or another specified person;
d
make provision for the determination of a teacher’s remuneration by reference to any matter including, in particular, his qualifications, experience, duties, aptitude or previous salary;
e
make provision for a right of appeal specified by or determined in accordance with the order;
f
limit the aggregate amount of an allowance, or of a number of allowances, payable to teachers in a school;
g
set a lower or upper limit on the number or proportion of teachers in a school who are paid on a specified scale;
h
set a lower or upper limit on the number or proportion of teachers in a school who are paid a specified allowance;
i
provide for special provisions to apply in relation to a description of school specified by or determined in accordance with the order;
j
provide for the determination of a question of the interpretation or application of a provision of the order.
2
Provision under subsection (1)(e) or (j) may—
a
confer jurisdiction on a court, tribunal, person or body;
b
provide for a matter to be settled by agreement between, or in a manner agreed between, teachers and local authorities or teachers and governing bodies.
3
An order under section 122 may make retrospective provision, but not so as to—
a
reduce remuneration in respect of a period wholly or partly before the making of the order, or
b
alter a condition of employment to the detriment of a teacher in respect of a period wholly or partly before the making of the order.
4
The Secretary of State may by order provide—
a
that a payment or entitlement of a specified kind is or is not to be treated as remuneration for the purpose of section 122(1);
b
that a specified matter is or is not to be treated for that purpose as relating to the professional duties of school teachers;
c
that a specified matter is or is not to be treated for that purpose as relating to the working time of school teachers.
S. 123 in force at 1.8.2003 by S.I. 2003/1667, art. 2
Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)
Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(3)
Ss. 122-124: functions transferred (30.9.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(2), 39(3)