Statutory Instrument 1989 No. 904

The Education (School Teachers' Pay and Conditions) Order 1989

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© Crown Copyright 1989

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1989 No. 904

EDUCATION, ENGLAND AND WALES

The Education (School Teachers' Pay and Conditions) Order 1989

The Advisory Committee appointed under section 2(1) of the Teachers' Pay and Conditions Act 1987^[1] having reported to the Secretary of State in accordance with that section, the Secretary of State, in exercise of powers conferred by section 3(1), (3), (4) and (5) of the Act and after consulting in accordance with section 3(1) of the Act such associations of local education authorities, such bodies representing the interests of governors of voluntary schools and such organisations representing school teachers as appeared to him to be concerned, hereby makes the following Order:-

Citation and commencement
    1.    This Order may be cited as the Education (School Teachers' Pay and Conditions) Order 1989 and shall come into force on 27th June 1989.

Application
    2.    This Order applies to all school teachers (as defined in the Teachers' Pay and Conditions Act 1987) in England and Wales and gives effect without any material modification to recommendations of the Advisory Committee.

School teachers' pay and conditions
    3.—(1)  It is hereby directed that the provisions relating to remuneration and other conditions of employment set out in the document published by Her Majesty's Stationery Office and entitled "School Teachers' Pay and Conditions Document 1989"^[2] shall have effect in accordance with the following provisions of this article.

    (2)  The said provisions relating to remuneration shall have effect for the purpose of determining the remuneration of school teachers in England and Wales-
 (a) as regards the rates of London Area allowances set out in paragraph 18 of the said Document, from 1st July 1988;
 (b) as regards the percentage and overall limits for incentive allowances set out in Annex A and Table 2 of Annex B to Appendix I, from 1st August 1989; and
 (c) as regards all other provisions relating to remuneration, from 1st April 1989.

    (3)  The said provisions relating to other conditions of employment shall have effect as terms of the contract of employment of school teachers in England and Wales from 27th June 1989.

    4.    The Education (School Teachers' Pay and Conditions) Order 1988^[3] is hereby revoked except in so far as it relates to the percentage and overall limits for incentive allowances set out in Annex A and Table 2 of Annex B to Appendix I to the School Teachers' Pay and Conditions Document 1988^[4] which shall continue to have effect until 1st August 1989.

Kenneth Baker

Secretary of State for Education and Science

30th May 1989

This Order refers to a document entitled "School Teachers' Pay and Conditions Document 1989" published by Her Majesty's Stationery Office, which is obtainable from Government book shops and through booksellers.

The Order, which comes into force on 27th June 1989, directs that the provisions set out in the Document shall have effect as regards paragraph 18 (London Area allowances) from 1st July 1988; as regards the percentage and overall limits for incentive allowances set out in Annex A and Table 2 of Annex B to Appendix I from 1st August 1989; as regards other provisions relating to remuneration from 1st April 1989; and as regards other conditions of employment from 27th June 1989.

The Order applies to all school teachers (as defined in section 7(1) of the Teachers' Pay and Conditions Act 1987, amended to include teachers in grant-maintained schools by paragraph 39 of Schedule 12 to the Education Reform Act 1988).

By virtue of section 3(6)(a) of the Teachers' Pay and Conditions Act 1987 (as amended by paragraph 38(4) of Schedule 12 to the 1988 Act) the remuneration of teachers to whom the Order applies is to be determined, and paid by local education authorities, or in the case of grant-maintained schools by the governing body of the school, in accordance with the scales and other provisions set out in the Document; by virtue of section 3(6)(b) of the 1987 Act the provisions of the Document relating to other conditions of employment have effect as terms of the contract of employment of teachers to whom the Order applies.

The Order contains a statement that it gives effect without any material modification to recommendations of the Interim Advisory Committee on School Teachers' Pay and Conditions and consequently, by virtue of section 3(2) of the said Act of 1987, the Order is subject to annulment in pursuance of a resolution of either House of Parliament.

The retrospective effect of the Order as regards remuneration is authorised by section 3(5)(f) of the Teachers' Pay and Conditions Act 1987.

The Order revokes the Education (School Teachers' Pay and Conditions) Order 1988, with a saving for those provisions in the School Teachers' Pay and Conditions Document 1988 which will not be superseded until 1st August 1989.

[1] 1987 c. 1. Sections 3 and 7 have been amended by paragraphs 38 and 39 of Schedule 12 to the Education Reform Act 1988 (c. 40). Section 3(5)(a) has been amended by S.I. 1988/2074. back

[2] ISBN 0 11 270672 X. back

[3] S.I. 1988/1055. back

[4] ISBN 0 11 270654 1. back