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Statutory Instruments

2007 No. 1688

EDUCATION, ENGLAND AND WALES

The Education (School Teachers' Pay and Conditions) (No. 2) (Amendment) Order 2007

Made

12th June 2007

Laid before Parliament

18th June 2007

Coming into force

16th July 2007

Following the reference to them of certain matters by the Secretary of State under section 120(1) of the Education Act 2002(1) (“the Act”), the School Teachers' Review Body(2) (“the STRB”) have, after following the procedure set out in section 121 of the Act, reported to the Prime Minister and to the Secretary of State in accordance with section 120(3) of the Act(3), and the Prime Minister and Secretary of State have arranged for publication of their report under section 120(4) of the Act(4).

The Secretary of State for Education and Skills, having considered the STRB’s report in accordance with section 125(1)(b) of the Act, makes the following Order in exercise of the powers conferred by sections 122(1), 123, 124 and 210(7) of the Act. This Order also makes subsidiary provision about matters which have not been referred to the STRB under section 120 of the Act, in reliance upon section 125(2)(a) of the Act.

In accordance with section 126 of the Act, the Secretary of State has consulted such associations of local education authorities, such bodies representing the interests of governing bodies of schools and such bodies representing the interests of teachers as appeared to him to be appropriate having regard to the contents of this Order.

Citation and commencement

1.  This Order may be cited as the Education (School Teachers' Pay and Conditions) (No. 2) (Amendment) Order 2007 and comes into force on 16th July 2007.

Amendment of the School Teachers' Pay and Conditions (No. 2) Order 2006

2.—(1) The School Teachers' Pay and Conditions (No. 2) Order 2006(5) is amended in accordance with the following paragraphs.

(2) In article 4, after the words “article 5” insert “(1) to (6), and on and after the coming into force of the Education (School Teachers' Pay and Conditions) (No. 2) (Amendment) Order, to article 5(7)”.

(3) After article 5(6) insert the following—

(7) For Annex 6, substitute the Annex in the Schedule to this Order..

(4) After the Minister’s signature insert the following—

Article 2(3)

SCHEDULE

For Annex 6 of the Document substitute the following—

ANNEX 6—Changes Taking Effect From 1st September 2007

1.  In Contents—

(a)in the entry for paragraph 21, for “Performance threshold” substitute “Post-threshold”;

(b)in the entry for ANNEX 1, for “Performance threshold standards” substitute “Professional standards for post-threshold teachers, excellent teachers and advanced skills teachers”;

(c)the entry for ANNEX 2 is deleted.

2.  In paragraph 1.2—

(a)for paragraph (a) of the definition of “advanced skills teacher post” substitute—

(a)in which the post-holder is required—

(i)to be a qualified teacher who, prior to 1st September 2007, has been certified by an assessor as meeting the standards for advanced skills teachers applicable at the relevant time; or

(ii)to be a qualified teacher who has, on or after 1st September 2007, satisfied the person to whom the task has been delegated that he meets the core standards, been assessed by an assessor as meeting the post-threshold teacher standards and been certified by that assessor as meeting the excellent teacher and the advanced skills teacher standards; or

(iii)to be a post-threshold teacher who has, on or after 1st September 2007, satisfied the person to whom the task has been delegated that he meets the core standards and the post-threshold teacher standards and been certified by an assessor as meeting the excellent teacher standards and the advanced skills teacher standards; or

(iv)to be an excellent teacher who has, on or after 1st September 2007, satisfied the person to whom the task has been delegated that he meets the core standards, the post-threshold teacher standards and the excellent teacher standards and been certified by an assessor as meeting the advanced skills teacher standards; and

to undertake one or more of the duties listed in paragraph 69.1 in accordance with paragraph 69.2;;

(b)after the definition of “advanced skills teacher post” insert—

“advanced skills teacher standards” means the professional standards which an advanced skills teacher is required to meet, as set out in Annex 1, where each advanced skills teacher standard is prefixed by the letter ‘A’;;

(c)after the definition of “classroom teacher” insert—

“core standards” means the professional standards which all post-threshold teachers, excellent teachers and advanced skills teachers are required to meet, as set out in Annex 1, where each core standard is prefixed by the letter ‘C’;;

(d)for paragraph (a) of the definition of “excellent teacher post” substitute—

(a)in which the post-holder is required—

(i)to be a post-threshold teacher who, prior to 1st September 2005, has been assessed as meeting the standards for advanced skills teachers applicable at the relevant time; or

(ii)to be a post-threshold teacher who, on or after 1st September 2005 and prior to 1st September 2007, has been certified by an assessor as meeting the standards in Annex 2 of the 2005 Document or of the 2006 Document; or

(iii)to be a post-threshold teacher who, on or after 1st September 2007, has satisfied the person to whom the task has been delegated that he meets the core standards and the post-threshold teacher standards and been certified by an assessor as meeting the excellent teacher standards or the advanced skills teacher standards; and

to undertake the duties listed in paragraph 71; and;

(e)after the definition of “excellent teacher post” insert—

“excellent teacher standards” means the professional standards which an excellent teacher is required to meet, as set out in Annex 1, where each excellent teacher standard is prefixed by the letter ‘E’;;

(f)after the definition of “Fast Track teacher” insert—

“Fast Track teacher standards” means the standards which a Fast Track teacher is required to meet, as set out in Annex 3;;

(g)the definition of “performance threshold standards” is deleted;

(h)for sub-paragraph (a) of the definition of “post-threshold teacher” substitute—

(a)

(i)prior to 1st September 2007, has been assessed as having met the performance threshold standards throughout the relevant period in accordance with an earlier Document; or

(ii)on or after 1st September 2007, has satisfied the person to whom the task has been delegated that he meets the core standards and has been assessed by that person as having met the post-threshold teacher standards throughout the relevant period;;

(i)in sub-paragraph (d) of the definition of “post-threshold teacher”, after the words “Annex 2” insert “of an earlier Document or the advanced skills teacher standards”;

(j)after the definition of “post-threshold teacher” insert—

“post-threshold teacher standards” means the professional standards which a post-threshold teacher is required to meet, as set out in Annex 1,where each post-threshold teacher standard is prefixed by the letter ‘P’;;

(k)after the definition of “relevant body” insert—

“relevant period” means the two year period immediately preceding the date of the application for assessment against the post-threshold teacher standards or, where the applicant has not been engaged in the provision of education to children of school age throughout that time, the most recent aggregate period of two years in the five years immediately preceding the date of the application;.

3.  In paragraph 4.1(c), for the words “performance threshold standards” substitute “post-threshold teacher standards”.

4.  For the pay spine in paragraph 6.4 substitute—

Spine PointAnnual Salary England & Wales excluding the London AreaAnnual Salary Inner London AreaAnnual Salary Outer London AreaAnnual Salary Fringe Area
££££
L134,93841,54137,71035,901
L235,81442,42038,58636,777
L336,70843,31739,47737,671
L437,62344,22940,39838,589
L538,55945,17141,33439,528
L639,52546,13442,29740,491
L740,59047,20243,36541,559
L841,52648,13544,30142,489
L942,56449,17045,33643,530
L1043,65650,26546,43144,622
L1144,79051,39347,55945,753
L1245,82252,43148,59746,791
L1346,96853,57749,74347,937
L1448,13854,74750,90749,104
L1549,33855,94152,10750,298
L1650,64957,25853,42151,615
L1751,81358,42254,58552,785
L1853,11559,72455,89054,081
L1954,43261,04157,20755,398
L2055,78262,39158,55756,751
L2157,16263,77159,93758,134
L2258,58165,19061,35359,550
L2360,03366,63662,80560,996
L2461,52168,13064,29362,490
L2563,05169,65765,82364,014
L2664,61171,21767,38365,580
L2766,21072,81668,98267,176
L2867,85474,46070,62668,817
L2969,53476,14372,30670,503
L3071,26577,87474,03772,228
L3173,02679,63575,80173,995
L3274,84181,44777,61375,810
L3376,70183,30779,47677,670
L3478,59785,20681,37279,566
L3580,55087,15983,32281,519
L3682,54589,15185,31483,511
L3784,59791,20987,37285,563
L3886,69193,29789,46387,657
L3988,80395,40991,57589,766
L4091,02097,63293,79591,989
L4193,29499,90696,06994,260
L4295,631102,23798,40096,600
L4398,022104,628100,79498,991

5.  For the groups and pay ranges in paragraph 8.3 substitute—

GroupRange of Spine PointsAnnual Salary Range England & Wales excluding the London AreaAnnual Salary Range Inner London AreaAnnual Salary Range Outer London AreaAnnual Salary Range Fringe Area
££££
1

L6–

L18

39,525–

53,115

46,134–

59,724

42,297–

55,890

40,491–

54,081

2

L8–

L21

41,526–

57,162

48,135–

63,771

44,301–

59,937

42,489–

58,134

3

L11–

L24

44,790–

61,521

51,393–

68,130

47,559–

64,293

45,753–

62,490

4

L14–

L27

48,138–

66,210

54,747–

72,816

50,907–

68,982

49,104–

67,176

5

L18–

L31

53,115–

73,026

59,724–

79,635

55,890–

75,801

54,081–

73,995

6

L21–

L35

57,162–

80,550

63,771–

87,159

59,937–

83,322

58,134–

81,519

7

L24–

L39

61,521–

88,803

68,130–

95,409

64,293–

91,575

62,490–

89,766

8

L28–

L43

67,854–

98,022

74,460–

104,628

70,626–

100,794

68,817–

98,991

6.  For the pay scale in paragraph 17.3 substitute—

Spine PointAnnual Salary England & Wales excluding the London AreaAnnual Salary Inner London AreaAnnual Salary Outer London AreaAnnual Salary Fringe Area
££££
M120,13324,16823,11821,102
M221,72625,54824,50122,692
M323,47227,32726,24724,438
M425,27829,32828,05326,250
M527,27031,58430,43228,239
M629,42733,93632,75130,393

7.  For the pay scale in paragraph 19.2 substitute—

Spine PointAnnual Salary England & Wales excluding the London AreaAnnual Salary Inner London AreaAnnual Salary Outer London AreaAnnual Salary Fringe Area
££££
U131,87837,80934,65032,847
U233,06039,66635,83234,026
U334,28141,00437,16435,250

8.  For paragraph 21, including the heading, substitute—

Assessment against Post-threshold teacher standards
21.1A qualified teacher (“the applicant”) may apply once in any school year to the relevant body for assessment against the post-threshold teacher standards when, or at any time after, he has been placed on point M6 of the main pay scale.
21.2Where an applicant is employed to teach at more than one school he may not apply to the relevant body of more than one such school.
21.3.1Except where the applicant is an unattached teacher, the relevant body shall delegate the receipt and assessment of the application to the head teacher.
21.3.2Where the applicant is an unattached teacher, the relevant body shall delegate the receipt and assessment of the application to a person with management responsibility for the applicant.
21.4The application shall contain a summary of the evidence the teacher wishes to rely on in order to demonstrate that he has met the post-threshold teacher standards throughout the relevant period.
21.4APrior to carrying out the assessment against the post-threshold teacher standards, the person to whom the task of assessing the application has been delegated must be satisfied, by reference to the most recent review of the applicant’s performance, that the applicant meets the core standards.
21.4BWhere the person to whom the task of assessing the application has been delegated is not satisfied that the applicant meets the core standards, he shall reject the application and inform the applicant, giving reasons.
21.5Where the person to whom the task of assessing the application has been delegated is satisfied that the applicant meets the core standards, he shall go on to carry out the assessment against the post-threshold teacher standards.
21.6Having carried out the assessment against the post-threshold teacher standards (which shall include consideration of the application, the evidence mentioned in the application and such other evidence as he thinks appropriate), the person to whom the task of assessing the application has been delegated shall determine whether the applicant has met those standards throughout the relevant period and inform the applicant of his decision and, where he determines that he has not met those standards he shall reject the application, giving reasons..

9.  In paragraph 24.2—

(a)in sub-paragraph (a), for “£6,663” and “£11,275” substitute “£6,829” and “£11,557” respectively;

(b)in sub paragraph (b), for “£2,306” and “£5,638” substitute “£2,364” and “£5,778” respectively.

10.  For paragraphs 25 and 26 substitute—

25.1This paragraph applies to a TLR award to a classroom teacher prior to 1st September 2007 to which he remains entitled on that date.
25.2Subject to paragraph 24.2, the amount of the TLR shall be increased by the relevant body by 2.5% with effect from 1st September 2007.
26.1This paragraph applies where the relevant body has conducted a review of their staffing structure and has determined that a TLR of a specified amount should attach to a particular post within the staff structure but the TLR is not yet in payment.
26.2Subject to paragraph 24.2, the relevant body shall increase the specified amount of the TLR by 2.5% with effect from 1st September 2007..

11.  In paragraph 28.1, for “£1,818” and “£3,597” substitute “£1,866” and “£3,687” respectively.

12.  For the pay spine in paragraph 31.1 substitute—

Spine PointAnnual Salary England & Wales excluding the London AreaAnnual Salary Inner London AreaAnnual Salary Outer London AreaAnnual Salary Fringe Area
££££
AST134,93841,54137,71035,901
AST235,81442,42038,58636,777
AST336,70843,31739,47737,671
AST437,62344,22940,39838,589
AST538,55945,17141,33439,528
AST639,52546,13442,29740,491
AST740,59047,20243,36541,559
AST841,52648,13544,30142,489
AST942,56449,17045,33643,530
AST1043,65650,26546,43144,622
AST1144,79051,39347,55945,753
AST1245,82252,43148,59746,791
AST1346,96853,57749,74347,937
AST1448,13854,74750,90749,104
AST1549,33855,94152,10750,298
AST1650,64957,25853,42151,615
AST 1751,81358,42254,58552,785
AST 1853,11559,72455,89054,081

13.  For paragraph 32, including the heading, substitute—

Assessment against the advanced skills teacher standards, the excellent teacher standards and the Fast Track teacher standards
Eligibility
32.1A classroom teacher who is not a post-threshold teacher who has been selected for interview for an advanced skills teacher post is eligible to apply for assessment against the post-threshold teacher standards, the excellent teacher standards and the advanced skills teacher standards.
32.2A post-threshold teacher who has been selected for interview for an advanced skills teacher post is eligible to apply for assessment against the excellent teacher standards and the advanced skills teacher standards.
32.3An excellent teacher who has been selected for interview for an advanced skills teacher post is eligible to apply for assessment against the advanced skills teacher standards.
32.4A post-threshold teacher who is placed at point U3 on the pay scale set out in paragraph 19.2 and who is employed by a relevant body that has an excellent teacher’s post that is vacant, is eligible to apply for assessment against the excellent teacher standards.
32.5A classroom teacher who is not a post-threshold teacher is eligible to apply for assessment against the Fast Track teacher standards..

14.  For paragraph 34, including the heading, substitute—

Advanced skills teacher and excellent teacher pre-assessment
34.1Paragraphs 34.1A to 34.1E apply where an eligible teacher (“the applicant”) applies for assessment against the relevant standards set out in Annex 1.
34.1ABefore he can be assessed against the relevant standards by an assessor, the applicant must meet the standards which apply to any person on the same pay scale or pay spine as the applicant or, where the applicant is an excellent teacher, any person on an excellent teacher’s salary.
34.1BExcept where the applicant is an unattached teacher, the relevant body shall delegate the task of determining whether an applicant meets the standards referred to in paragraph 34.1A to the head teacher.
34.1CWhere the applicant is an unattached teacher, the relevant body shall delegate the task of determining whether the applicant meets the standards referred to in paragraph 34.1A to a person with management responsibility for the applicant.
34.1DWhere the person to whom the task of determining whether the applicant meets the standards referred to in paragraph 34.1A has been delegated is not satisfied that the applicant meets those standards, he shall reject the application and inform the applicant, giving reasons.
34.1EWhere the person to whom the task of determining whether the applicant meets the standards referred to in paragraph 34.1A has been delegated is satisfied that the applicant meets those standards, he shall inform the applicant and pass the application, together with all the evidence, to the assessor.
Advanced skills teacher, excellent teacher and Fast Track teacher assessment
34.2Paragraphs 34.2A and 34.2B apply where an eligible teacher (“the applicant”) applies for assessment against the relevant standards set out in Annex 1 or Annex 3, as the case may be.
34.2AThe assessor shall assess the applicant against the relevant standards and determine whether he meets them.
34.2BThe assessor shall inform the applicant of his decision, and where he determines that the applicant does not meet the relevant standards, give reasons.
34.2CIn the case of an assessment against the relevant standards set out in Annex 1, where the assessor determines that the applicant meets the relevant standards, he shall also issue a certificate to that effect..

15.  In paragraph 35.4 (a), for the words “standards set out in Annex 2” substitute “relevant standards set out in Annex 1”.

16.  In paragraph 39.1(b), for the words “been certified as meeting the standards set out in Annex 2” substitute—

(i)prior to 1st September 2005, been assessed as meeting the standards for advanced skills teachers applicable at the relevant time; or

(ii)on or after 1st September 2005 and prior to 1st September 2007, been certified by an assessor as meeting the standards set out in Annex 2 of the 2005 Document or of the 2006 Document; or

(iii)on or after 1st September 2007, satisfied the person to whom the task has been delegated that he meets the core standards and the post-threshold standards and been certified by an assessor as meeting the excellent teacher standards or the advanced skills teacher standards..

17.  For the table in paragraph 39.2 substitute—

Annual Salary England and Wales (excluding the London Area)Annual Salary Inner London AreaAnnual Salary Outer LondonAnnual Salary Fringe Area
££££
36,77143,86039,74737,809

18.  For the pay scale in paragraph 41.1 substitute—

Spine PointAnnual Salary England & Wales excluding the London AreaAnnual Salary Inner London AreaAnnual Salary Outer London AreaAnnual Salary Fringe Area
££££
114,75118,55217,52315,720
215,41719,21518,18616,383
316,05619,85718,83117,028
416,72220,52319,49717,694
517,39721,20120,16918,366
618,04521,84620,82019,011
718,71122,50921,48319,674
820,25624,05423,03121,225
922,01125,80924,78622,977
1023,33127,12926,10624,297

19.  In paragraph 63—

(a)for paragraphs 63.9.1 and 63.9.2 substitute—

63.9.1satisfying himself whether a teacher at the school who applies for a post-threshold teacher assessment under paragraph 21 meets the core standards and, where he is so satisfied, assessing whether that teacher has met the post-threshold teacher standards throughout the relevant period;
63.9.2where he is not satisfied that the teacher meets the core standards or, having gone on to assess the teacher against the post-threshold teacher standards, he determines that the teacher has not met the post-threshold teacher standards throughout the relevant period, explaining to the teacher the reasons for his decision and giving him advice about those aspects of his performance which must be improved in order to meet those standards;;

(b)for paragraphs 63.10.1 and 63.10.2 substitute—

63.10.1satisfying himself, in connection with an application by a teacher at the school for assessment against the relevant standards set out in Annex 1, that the teacher meets the standards which apply to any person on the same pay scale or pay spine as the applicant or, where the applicant is an excellent teacher, any person on an excellent teacher’s salary and, where he is not so satisfied, explaining to the teacher the reasons for his decision and giving him advice about the aspects of his performance which must be improved in order to meet those standards;
63.10.2

providing, in connection with an application for an assessment by an assessor against the relevant standards set out in Annex 1 by a teacher at the school or a teacher who was previously employed at the school—

(a)

such documents, other information and assistance as may reasonably be requested by the teacher; and

(b)

such assistance as may reasonably be requested by the assessor;.

20.  For ANNEX 1, including the heading, substitute—

ANNEX 1—Professional standards for post-threshold teachers, excellent teachers and advanced skills teachers

Interpretation

In the table below—

21.  ANNEX 2 is deleted..

Jim Knight

Minister of State

Department for Education and Skills

12th June 2007

Explanatory Note

(This note is not part of the Order)

This Order amends the School Teachers' Pay and Conditions (No. 2) Order 2006 and the Document which was given legal effect by that Order primarily in order to revise existing pay standards for post-threshold teachers, excellent teachers and advanced skills teachers. The revised pay standards will not take effect until 1st September 2007 and appear in a revised Annex 6 to the Document, which details all changes taking effect from 1st September 2007.

(2)

The School Teachers' Review Body was established by section 1 of the School Teachers' Pay and Conditions Act 1991 (1991 c. 49). Section 1 was repealed by section 215(2) of, and Part 12 of Schedule 22 to, the Education Act 2002 (c. 32) but the review body continues to exist by virtue of section 119(1) of that Act.

(3)

Fifteenth Report 2005.

(4)

Cm 6663.

(5)

S.I. 2006/2133, amended by S.I. 2006/3171.