Statutory Instruments
EDUCATION, ENGLAND AND WALES
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.
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.
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)
For Annex 6 of the Document substitute the following—
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 Point | Annual Salary England & Wales excluding the London Area | Annual Salary Inner London Area | Annual Salary Outer London Area | Annual Salary Fringe Area |
|---|---|---|---|---|
| £ | £ | £ | £ | |
| L1 | 34,938 | 41,541 | 37,710 | 35,901 |
| L2 | 35,814 | 42,420 | 38,586 | 36,777 |
| L3 | 36,708 | 43,317 | 39,477 | 37,671 |
| L4 | 37,623 | 44,229 | 40,398 | 38,589 |
| L5 | 38,559 | 45,171 | 41,334 | 39,528 |
| L6 | 39,525 | 46,134 | 42,297 | 40,491 |
| L7 | 40,590 | 47,202 | 43,365 | 41,559 |
| L8 | 41,526 | 48,135 | 44,301 | 42,489 |
| L9 | 42,564 | 49,170 | 45,336 | 43,530 |
| L10 | 43,656 | 50,265 | 46,431 | 44,622 |
| L11 | 44,790 | 51,393 | 47,559 | 45,753 |
| L12 | 45,822 | 52,431 | 48,597 | 46,791 |
| L13 | 46,968 | 53,577 | 49,743 | 47,937 |
| L14 | 48,138 | 54,747 | 50,907 | 49,104 |
| L15 | 49,338 | 55,941 | 52,107 | 50,298 |
| L16 | 50,649 | 57,258 | 53,421 | 51,615 |
| L17 | 51,813 | 58,422 | 54,585 | 52,785 |
| L18 | 53,115 | 59,724 | 55,890 | 54,081 |
| L19 | 54,432 | 61,041 | 57,207 | 55,398 |
| L20 | 55,782 | 62,391 | 58,557 | 56,751 |
| L21 | 57,162 | 63,771 | 59,937 | 58,134 |
| L22 | 58,581 | 65,190 | 61,353 | 59,550 |
| L23 | 60,033 | 66,636 | 62,805 | 60,996 |
| L24 | 61,521 | 68,130 | 64,293 | 62,490 |
| L25 | 63,051 | 69,657 | 65,823 | 64,014 |
| L26 | 64,611 | 71,217 | 67,383 | 65,580 |
| L27 | 66,210 | 72,816 | 68,982 | 67,176 |
| L28 | 67,854 | 74,460 | 70,626 | 68,817 |
| L29 | 69,534 | 76,143 | 72,306 | 70,503 |
| L30 | 71,265 | 77,874 | 74,037 | 72,228 |
| L31 | 73,026 | 79,635 | 75,801 | 73,995 |
| L32 | 74,841 | 81,447 | 77,613 | 75,810 |
| L33 | 76,701 | 83,307 | 79,476 | 77,670 |
| L34 | 78,597 | 85,206 | 81,372 | 79,566 |
| L35 | 80,550 | 87,159 | 83,322 | 81,519 |
| L36 | 82,545 | 89,151 | 85,314 | 83,511 |
| L37 | 84,597 | 91,209 | 87,372 | 85,563 |
| L38 | 86,691 | 93,297 | 89,463 | 87,657 |
| L39 | 88,803 | 95,409 | 91,575 | 89,766 |
| L40 | 91,020 | 97,632 | 93,795 | 91,989 |
| L41 | 93,294 | 99,906 | 96,069 | 94,260 |
| L42 | 95,631 | 102,237 | 98,400 | 96,600 |
| L43 | 98,022 | 104,628 | 100,794 | 98,991” |
5. For the groups and pay ranges in paragraph 8.3 substitute—
| “Group | Range of Spine Points | Annual Salary Range England & Wales excluding the London Area | Annual Salary Range Inner London Area | Annual Salary Range Outer London Area | Annual 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 Point | Annual Salary England & Wales excluding the London Area | Annual Salary Inner London Area | Annual Salary Outer London Area | Annual Salary Fringe Area |
|---|---|---|---|---|
| £ | £ | £ | £ | |
| M1 | 20,133 | 24,168 | 23,118 | 21,102 |
| M2 | 21,726 | 25,548 | 24,501 | 22,692 |
| M3 | 23,472 | 27,327 | 26,247 | 24,438 |
| M4 | 25,278 | 29,328 | 28,053 | 26,250 |
| M5 | 27,270 | 31,584 | 30,432 | 28,239 |
| M6 | 29,427 | 33,936 | 32,751 | 30,393” |
7. For the pay scale in paragraph 19.2 substitute—
| “Spine Point | Annual Salary England & Wales excluding the London Area | Annual Salary Inner London Area | Annual Salary Outer London Area | Annual Salary Fringe Area |
|---|---|---|---|---|
| £ | £ | £ | £ | |
| U1 | 31,878 | 37,809 | 34,650 | 32,847 |
| U2 | 33,060 | 39,666 | 35,832 | 34,026 |
| U3 | 34,281 | 41,004 | 37,164 | 35,250” |
8. For paragraph 21, including the heading, substitute—
| 21.1 | A 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. |
| 21.2 | Where 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. |
| 21.3.1 | Except where the applicant is an unattached teacher, the relevant body shall delegate the receipt and assessment of the application to the head teacher. |
| 21.3.2 | Where 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. |
| 21.4 | The 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. |
| 21.4A | Prior 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. |
| 21.4B | Where 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. |
| 21.5 | Where 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. |
| 21.6 | Having 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—
| “25.1 | This paragraph applies to a TLR award to a classroom teacher prior to 1st September 2007 to which he remains entitled on that date. |
| 25.2 | Subject 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. |
| 26.1 | This 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. |
| 26.2 | Subject 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 Point | Annual Salary England & Wales excluding the London Area | Annual Salary Inner London Area | Annual Salary Outer London Area | Annual Salary Fringe Area |
|---|---|---|---|---|
| £ | £ | £ | £ | |
| AST1 | 34,938 | 41,541 | 37,710 | 35,901 |
| AST2 | 35,814 | 42,420 | 38,586 | 36,777 |
| AST3 | 36,708 | 43,317 | 39,477 | 37,671 |
| AST4 | 37,623 | 44,229 | 40,398 | 38,589 |
| AST5 | 38,559 | 45,171 | 41,334 | 39,528 |
| AST6 | 39,525 | 46,134 | 42,297 | 40,491 |
| AST7 | 40,590 | 47,202 | 43,365 | 41,559 |
| AST8 | 41,526 | 48,135 | 44,301 | 42,489 |
| AST9 | 42,564 | 49,170 | 45,336 | 43,530 |
| AST10 | 43,656 | 50,265 | 46,431 | 44,622 |
| AST11 | 44,790 | 51,393 | 47,559 | 45,753 |
| AST12 | 45,822 | 52,431 | 48,597 | 46,791 |
| AST13 | 46,968 | 53,577 | 49,743 | 47,937 |
| AST14 | 48,138 | 54,747 | 50,907 | 49,104 |
| AST15 | 49,338 | 55,941 | 52,107 | 50,298 |
| AST16 | 50,649 | 57,258 | 53,421 | 51,615 |
| AST 17 | 51,813 | 58,422 | 54,585 | 52,785 |
| AST 18 | 53,115 | 59,724 | 55,890 | 54,081” |
13. For paragraph 32, including the heading, substitute—
| 32.1 | A 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. |
| 32.2 | A 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. |
| 32.3 | An 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. |
| 32.4 | A 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. |
| 32.5 | A classroom teacher who is not a post-threshold teacher is eligible to apply for assessment against the Fast Track teacher standards.”. |
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. Back [2]
Fifteenth Report 2005. Back [3]
Cm 6663. Back [4]
S.I. 2006/2133, amended by S.I. 2006/3171. Back [5]