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STATUTORY INSTRUMENTS
2004 No. 658
EDUCATION, ENGLAND AND WALES
The Education (School Teachers' Pay and Conditions) Order 2004
Made
10th March 2004
Laid before Parliament
10th March 2004
Coming into force
Article 1 and 2(a)-(cc)
1st April 2004
Article 2(dd) and Part 1 of the Schedule
1st April 2005
Article 2(ee) and Part 2 of the Schedule
1st September 2005
Whereas the School Teachers' Review Body[1] have made a report following the reference to them of certain matters;
And whereas the Secretary of State has consulted, in accordance with section 126 of the Education Act 2002[2], such associations of local education authorities, such bodies representing the interests of governors of foundation, voluntary and foundation special schools and such bodies representing school teachers as appeared to him to be concerned:
Now therefore the Secretary of State, in exercise of the powers conferred by sections 122(1), 123(1) and (4), 124(1) and (3), 125 and 210(7) of the Education Act 2002, hereby makes the following Order:
Citation, commencement and application 1.
- (1) This Order may be cited as the Education (School Teachers' Pay and Conditions) Order 2004 and shall come into force on 1st April 2004, except for -
(a) article 2(dd) and Part 1 of the Schedule, which shall come into force on 1st April 2005; and
(b) article 2(ee) and Part 2 of the Schedule, which shall come into force on 1st September 2005.
(2) This Order applies to school teachers within the meaning of section 122 of the Education Act 2002 in England and Wales.
School Teachers' Pay and Conditions 2.
The provisions set out in section 2 of the document published by The Stationery Office Limited and entitled "School Teachers' Pay and Conditions Document 2003 and Guidance on School Teachers' Pay and Conditions"[3] shall have effect with the following amendments -
(a) for paragraph 1.7 substitute -
"
1.7 Where a table containing a pay scale, pay spine or salary range contains four columns of annual salaries or salary ranges, the column headed "England and Wales (excluding the London Area)" applies to teachers serving in England and Wales except those serving in the London Area, the column headed "Inner London Area" applies to teachers serving in the Inner London Area, the column headed "Outer London Area" applies to teachers serving in the Outer London Area and the column headed "Fringe Area" applies to teachers serving in the Fringe Area.";
(b) in paragraph 2.1 after "Subject to" insert "paragraph 41A (determination of applicable pay scale),";
(c) in paragraph 3.3(b) and (c) -
(i) omit ", 24"; and
(ii) after "25" insert "or payments or other financial benefits awarded under paragraph 48";
(d) in paragraph 3.4 for "45,46,47 and 48" substitute "45,46 and 47";
(e) for the table in paragraph 4.4 substitute -
Spine point
Annual Salary England and Wales (excluding the London Area)
Annual Salary Inner London Area
Annual Salary Outer London Area
Annual Salary Fringe Area
£
£
£
£
L1
32,202
38,292
34,506
33,093
L2
33,009
39,102
35,313
33,903
L3
33,834
39,927
36,138
34,725
L4
34,680
40,770
36,984
35,571
L5
35,544
41,637
37,848
36,435
L6
36,432
42,525
38,736
37,323
L7
37,419
43,512
39,723
38,310
L8
38,277
44,370
40,581
39,168
L9
39,234
45,327
41,538
40,125
L10
40,242
46,335
42,546
41,133
L11
41,286
47,376
43,587
42,177
L12
42,237
48,330
44,541
43,131
L13
43,296
49,389
45,600
44,187
L14
44,373
50,463
46,674
45,264
L15
45,477
51,567
47,778
46,368
L16
46,689
52,779
48,990
47,580
L17
47,763
53,856
50,067
48,657
L18
48,963
55,056
51,267
49,854
L19
50,175
56,265
52,479
51,066
L20
51,420
57,513
53,724
52,311
L21
52,692
58,785
54,996
53,586
L22
54,000
60,093
56,304
54,891
L23
55,338
61,428
57,642
56,229
L24
56,712
62,805
59,016
57,603
L25
58,119
64,209
60,420
59,010
L26
59,559
65,652
61,863
60,450
L27
61,032
67,125
63,336
61,923
L28
62,547
68,637
64,848
63,438
L29
64,098
70,191
66,402
64,989
L30
65,691
71,784
67,995
66,582
L31
67,317
73,410
69,621
68,211
L32
68,991
75,081
71,295
69,882
L33
70,704
76,794
73,008
71,595
L34
72,453
78,546
74,757
73,344
L35
74,256
80,346
76,557
75,147
L36
76,092
82,182
78,393
76,983
L37
77,985
84,078
80,289
78,876
L38
79,914
86,004
82,215
80,805
L39
81,861
87,951
84,162
82,752
L40
83,907
90,000
86,211
84,798
L41
86,001
92,094
88,305
86,892
L42
88,155
94,245
90,456
89,046
L43
90,360
96,450
92,661
91,251
(f) for the table in paragraph 6.3 substitute -
Group
Range of spine points
Salary Range England and Wales (excluding the London Area)
Salary Range Inner London Area
Salary Range Outer London Area
Salary Range Fringe Area
£
£
£
£
1
L6-L18
36,432 - 48,963
42,525 - 55,056
38,736 - 51,267
37,323 - 49,854
2
L8-L21
38,277 - 52,692
44,370 - 58,785
40,581 - 54,996
39,168 - 53,586
3
L11-L24
41,286 - 56,712
47,376 - 62,805
43,587 - 59,016
42,177 - 57,603
4
L14-L27
44,373 - 61,032
50,463 - 67,125
46,674 - 63,336
45,264 - 61,923
5
L18-L31
48,963 - 67,317
55,056 - 73,410
51,267 - 69,621
49,854 - 68,211
6
L21-L35
52,692 - 74,256
58,785 - 80,346
54,996 - 76,557
53,586 - 75,147
7
L24-L39
56,712 - 81,861
62,805 - 87,951
59,016 - 84,162
57,603 - 82,752
8
L28-L43
62,547 - 90,360
68,637 - 96,450
64,848 - 92,661
63,438 - 91,251
(g) omit paragraph 10.3.3;
(h) in paragraph 10.3.4 for "paragraphs 10.3.2 and 10.3.3" substitute "paragraph 10.3.2";
(i) for the table in paragraph 15.3 substitute -
Scale point
Annual Salary England and Wales (excluding the London Area)
Annual Salary Inner London Area
Annual Salary Outer London Area
Annual Salary Fringe Area
£
£
£
£
M1
18,558
22,059
20,862
19,449
M2
20,025
23,550
22,329
20,916
M3
21,636
25,188
23,940
22,527
M4
23,301
26,883
25,605
24,195
M5
25,137
28,743
27,441
26,031
M6
27,123
30,750
29,424
28,014
(j) for the table in paragraph 17.2 substitute -
Scale point
Annual Salary England and Wales (excluding the London Area)
Annual Salary Inner London Area
Annual Salary Outer London Area
Annual Salary Fringe Area
£
£
£
£
U1
29,385
34,851
31,689
30,276
U2
30,474
36,564
32,775
31,365
U3
31,602
37,692
33,906
32,493
U4
32,766
38,859
35,070
33,660
U5
33,978
40,071
36,282
34,872
(k) in paragraph 17.4 for "3.1(a)" substitute "3.1(aa)";
(l) in paragraph 23.2 after "may be awarded" insert "for a fixed period not exceeding one year";
(m) for paragraph 23.3 substitute -
"
23.3
Any classroom teacher who was awarded a management allowance prior to 31st March 2004 shall be paid the allowance for the period determined when the award was made, whether for a fixed period of time or while the classroom teacher remains in the same post.";
(n) omit paragraph 24;
(o) in paragraph 25.1 for -
(i) "£1,674" substitute "£1,716"; and
(ii) "£3,312" substitute "£3,396";
(p) in paragraph 27.2(a)[4] after "any such document" insert "and, at the relevant body's discretion, 1 or more points for years of experience other than employment as a teacher gained since he was last so placed which the relevant body consider of value to the classroom teacher's duties";
(q) omit paragraph 27.5(c);
(r) for the table in paragraph 28.1 substitute -
Spine point
Annual Salary England and Wales (excluding the London Area)
Annual Salary Inner London Area
Annual Salary Outer London Area
Annual Salary Fringe Area
£
£
£
£
1
30,501
36,594
32,805
31,392
2
31,044
37,137
33,348
31,938
3
31,593
37,683
33,897
32,484
4
32,130
38,223
34,434
33,021
5
32,676
38,766
34,977
33,567
6
33,225
39,318
35,529
34,116
7
33,774
39,864
36,075
34,665
8
34,317
40,410
36,621
35,208
9
34,857
40,950
37,161
35,751
10
35,400
41,490
37,704
36,291
11
35,946
42,039
38,250
36,840
12
36,675
42,768
38,979
37,566
13
37,401
43,494
39,705
38,292
14
38,124
44,214
40,428
39,015
15
38,850
44,940
41,154
39,741
16
39,579
45,669
41,883
40,470
17
40,305
46,395
42,606
41,196
18
41,034
47,124
43,335
41,925
19
41,760
47,850
44,061
42,651
20
42,483
48,576
44,787
43,377
21
43,209
49,302
45,513
44,103
22
44,115
50,205
46,416
45,006
23
45,027
51,120
47,331
45,918
24
45,930
52,023
48,234
46,824
25
46,842
52,932
49,146
47,733
26
47,745
53,838
50,049
48,636
27
48,657
54,747
50,958
49,548
(s) for the table in paragraph 36.1 substitute -
Spine point
Annual Salary England and Wales (excluding the London Area)
Annual Salary Inner London Area
Annual Salary Outer London Area
Annual Salary Fringe Area
£
£
£
£
1
13,599
17,100
15,900
14,490
2
14,208
17,709
16,509
15,099
3
14,799
18,303
17,103
15,693
4
15,414
18,918
17,718
16,308
5
16,035
19,539
18,339
16,929
6
16,632
20,136
18,936
17,523
7
17,244
20,748
19,548
18,135
8
18,672
22,173
20,976
19,563
9
20,289
23,790
22,593
21,180
10
21,504
25,005
23,808
22,395
(t) omit paragraphs 40.1 to 40.4;
(u) in paragraph 40.5(d) -
(i) omit ", 24";
(ii) after "25" insert ", or payments made under paragraph 48,"; and
(iii) for "paragraphs 16.1" substitute "paragraph 16.1";
(v) in Part VII, before paragraph 42 insert -
"
Determination of applicable pay scale 41A.1
A teacher who normally works in the London Area but who is temporarily employed elsewhere shall continue to be paid in accordance with the pay scale applicable to his normal area of employment.
41A.2
A teacher who on 31st March 2004 was being paid in accordance with the Inner London pay scale or who was receiving a London Area allowance shall continue to be paid in accordance with the applicable London Area pay scale notwithstanding that he would not otherwise be entitled to it under the provisions of this Document, for so long as he remains in the post that he held on that date.
41A.3.1
A teacher who moves out of the Inner London Area may continue to be paid in accordance with the Inner London pay scale at the rate being paid before he moved for so long as he continues to be employed as a teacher in a post in which his salary is paid by the same authority.
41A.3.2
A teacher who moves out of the Outer London Area, to anywhere but the Inner London Area, may continue to be paid on the Outer London Area scale at the rate being paid before he moved for so long as he continues to be employed as a teacher in a post in which his salary is paid by the same authority.
41A.3.3
A teacher who moves out of the Fringe Area, to anywhere but the Inner London Area or the Outer London Area, may continue to be paid on the Fringe Area scale at the rate being paid before he moved for so long as he continues to be employed as a teacher in a post in which his salary is paid by the same authority.";
(w) omit paragraph 43.3(b);
(x) in paragraph 43.4(b) for "to 25, except for an allowance payable pursuant to an award under paragraph 24.4.1" substitute "and 25";
(y) omit paragraph 43.5(c);
(z) renumber paragraph 48 as 48.1 and in that paragraph insert "Subject to paragraph 48.2," before "the relevant body";
(aa) after paragraph 48.1 insert -
"
48.2.1
An incentive for the recruitment of a new teacher that consists of periodic payments or the provision of other benefits over a period of time may only be awarded for a fixed period not exceeding 3 years and must not be renewed.
48.2.2
An incentive for the retention of an existing teacher that consists of periodic payments or the provision of other benefits over a period of time may only be awarded for a fixed period not exceeding three years and may, in exceptional circumstances, be renewed.
48.3
An award of an allowance made on or before 31st March 2004 for a fixed period shall continue to have effect save that, where that period ends on or after 1st April 2007, it shall cease to have effect on 31st March 2007.
48.4
An award of an allowance made on or before 31st March 2004 that consists of periodic payments or the provision of other benefits over a period of time otherwise than for a fixed period shall cease to have effect on 1st April 2004.
48.5
In this paragraph "allowance" means a recruitment and retention allowance, or other assistance, support or benefit awarded by the relevant body as an incentive for the recruitment of new teachers or the retention in their service of existing teachers.";
(bb) for paragraph 49.1 substitute -
"
49.1
The relevant body shall pay the sum of £33 to a teacher who is required to be registered with the General Teaching Council for England or with the General Teaching Council for Wales, in respect of the registration fee payable in the year 1st April 2004 to 31st March 2005."
(cc) in paragraph 2 of Annex 3 omit "is not entitled to be paid at point M6 on the main pay scale,";
(dd) after Part 1 of Annex 6 insert Part 1A, set out in Part 1 of the Schedule; and
(ee) in Part 2 of Annex 6 before paragraph 4 insert the paragraphs set out in Part 2 of the Schedule.
David Miliband
Minister of State Department for Education and Skills
This Order amends the School Teachers' Pay and Conditions Document 2003 ("the Document") by up-rating the amounts of salary and certain allowances and by replacing the Outer London and Fringe Area allowances with new Outer London and Fringe Area pay scales. New tables that include provision for the Outer London and Fringe Areas replace the following -
(a) the leadership group pay spine set out in paragraph 4.4 of the Document;
(b) the head teachers' groups' pay ranges set out in paragraph 6.3 of the Document;
(c) the pay scale for classroom teachers set out in paragraph 15.3 of the Document;
(d) the pay scale for post-threshold teachers set out in paragraph 17.2 of the Document;
(e) the pay spine for advanced skills teacher set out in paragraph 28.1 of the Document; and
(f) the pay scale for unqualified teachers set out in paragraph 36.1 of the Document.
The value of the special educational needs allowances set out in paragraph 25.1 of the Document is increased.
The first increase takes effect from 1st April 2004. Subsequent increases, for which the Schedule makes provision, take effect from 1st April 2005 and 1st September 2005.
The Order abolishes recruitment and retention allowances (formerly paid under paragraph 24 of the Document, now omitted) and amends the basis on which recruitment and retention incentives and benefits (collectively referred to as "allowances") can be awarded under paragraph 48 of the Document, so that such allowances can only be awarded either as a 'one-off' or for a fixed period of up to three years. Recruitment incentives cannot be renewed. Fixed term allowances awarded prior to the date of this Order are preserved until the long stop date of 31st March 2007. Permanent allowances or ones that were awarded for as long as the teacher remained in a particular post cease to have effect from 1st April 2004.
Management allowances must henceforth be awarded for a fixed period not exceeding one year, although allowances awarded prior to 1st April may be retained for the period for which they were originally awarded even if that was for a fixed period exceeding a year or while the teacher continues in the same post.
The eligibility criteria for fast track assessment in Annex 3 are amended to enable teachers who are entitled to be paid at point M6 on the main pay scale to be included in the scheme.