Education Act 2002

122 Power to prescribe pay and conditions E+W

(1) The Secretary of State may by order make provision for the determination of—

(a) the remuneration of school teachers;

(b) other conditions of employment of school teachers which relate to their professional duties or working time.

(2) Where an order under this section applies to a school teacher—

(a) his remuneration shall be determined and paid in accordance with any provision of the order which applies to him,

(b) a provision of the order which relates to a condition of employment other than remuneration and which applies to him shall have effect as a term of his contract of employment, and

(c) a term of that contract shall have no effect in so far as it makes provision which is prohibited by the order or which is otherwise inconsistent with a provision of the order.

(3) A person is a school teacher for the purposes of this section if—

(a) he is a qualified teacher,

(b) he provides primary or secondary education under a contract of employment or for services,

(c) the other party to the contract is a [F1 local authority] or the governing body of a foundation, voluntary aided or foundation special school, and

(d) the contract requires him to carry out work of a kind which is specified by regulations under section 133(1).

(4) A person is also a school teacher for the purposes of this section if he serves as the head teacher of a school maintained by a [F1 local authority].

(5) A person is also a school teacher for the purposes of this section if his case satisfies paragraphs (b), (c) and (d) of subsection (3) and—

(a) he possesses a prescribed qualification,

(b) he provides education of a prescribed kind or in prescribed circumstances (or both),

(c) he is undertaking training of a prescribed kind, or obtaining experience of a prescribed kind, with a view to becoming a qualified teacher,

(d) he is within a prescribed class of persons awaiting assessment for the purpose of becoming a qualified teacher, or

(e) he is within a prescribed class of persons awaiting the award of a qualification.

(6) A person providing education in an establishment maintained by a local authority in the exercise of a social services function is not a school teacher for the purposes of this section.

(7) In the application of subsection (2)—

(a) it is immaterial whether someone other than the party mentioned in subsection (3)(c) provides or is responsible for providing all or part of a teacher’s remuneration,

(b) it is immaterial whether someone other than the party mentioned in subsection (3)(c) is treated wholly or partly as a teacher’s employer for some or all purposes by virtue of an enactment, and

(c) in relation to a person who provides education under a contract for services, a reference to his contract of employment is a reference to the contract for services.

(8) In this section “prescribed” means prescribed by an order under this section.

Textual Amendments

F1 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)

Modifications etc. (not altering text)

C1 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)

C2 S. 122(1) excluded (3.9.2018) by The School Teachers Incentive Payments (England) Order 2018 (S.I. 2018/933), arts. 1(1), 2

C3 S. 122(3)(d) excluded (W.) (temp. from 19.12.2002) by The Education Act 2002 (Transitional Provisions) (Wales) Regulations 2002 (S.I. 2002/3184), reg. 6(2)

Commencement Information

I1 S. 122 in force at 1.8.2003 by S.I. 2003/1667, art. 2