Teachers’ Pay and Conditions Act 1987 (repealed 6.3.1992)

3 Power of Secretary of State to make provision by order. E+W

(1) Where the Advisory Committee has reported to the Secretary of State on any matter, he may, after consulting—

(a) such associations of local education authorities as appear to him to be concerned and any local education authority with whom consultation appears to him to be desirable,

(b) such bodies representing the interests of governors of voluntary schools as appear to him to be concerned, and

(c) such organisations representing school teachers as appear to him to be concerned,

make provision by order made by statutory instrument giving effect to the recommendations of the Committee, with or without modification, or making such other provision with respect to that matter as he thinks fit.

(2) An order which contains a statement that it gives effect without any material modification to recommendations of the Committee shall be subject to annulment in pursuance of a resolution of either House of Parliament; and an order which does not contain such a statement shall not be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

(3) An order may, instead of containing the provision to be made, refer to provisions set out in a document published by Her Majesty’s Stationery Office and direct that those provisions shall have effect or, as the case may be, be amended in accordance with the order.

(4) An order may make different provision for different cases, including different provision for different areas.

(5) An order may, in particular, as regards remuneration—

(a) confer discretion on the local education authority [F1 or, in the case of a grant-maintained school, on the governing body of the school] with respect to any matter [F2 and provide for any discretion so conferred on a local education authority to be exercisable instead by the governing body of any school to which section 44 or 45 of the Education Reform Act 1988 for the time being applies];

(b) make provision as to the aggregate amount of allowances payable to teachers in a school;

(c) set lower and upper limits on the number or proportion of teachers in a school to be paid on specified scales or who are at any specified time to be paid any specified allowance;

(d) provide for the designation of schools in relation to which special provisions apply;

(e) provide for the determination of any questions arising as to the interpretation or application of the provisions set out or referred to in the order;

(f) make retrospective provision, but not so as to require the reduction of a teacher’s pay in respect of a past period;

(g) provide that to the extent specified in the order matters may be settled by agreement between, or in a manner agreed between, teachers and local education authorities.

[F3 (h) provide, in the case of grant-maintained schools, that to the extent specified in the order matters may be settled by agreement between, or in a manner agreed between, teachers in such schools and the governing bodies of such schools.]

(6) The effect of an order is—

(a) so far as it relates to remuneration, that the remuneration of teachers to whom the order applies shall be determined, and paid to teachers by local education authorities [F4 or, in the case of teachers in grant-maintained schools, by the governing bodies of such schools], in accordance with the scales and other provisions set out or referred to in the order, and

(b) so far as it relates to conditions of employment other than remuneration, that the provisions set out or referred to in the order shall have effect as terms of the contracts of employment of teachers to whom the order applies;

and the provisions of a teacher’s contract of employment shall have, or continue to have, effect only so far as consistent with those provisions.

(7) The Secretary of State may by order made by statutory instrument coming into force on or before 1st October 1987, without any report of the Advisory Committee but after consulting—

(a) such associations of local education authorities as appear to him to be concerned and any local education authority with whom consultation appears to him to be desirable,

(b) such bodies representing the interests of governors of voluntary schools as appear to him to be concerned, and

(c) such organisations representing school teachers as appear to him to be concerned,

make such provision as he thinks fit with respect to the remuneration and other conditions of employment of school teachers in England and Wales.

(8) Any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament; and subsections (3) to (6) apply to such an order as they apply to an order under subsection (1).

(9) The first order under this section may include provision as regards remuneration in respect of the period between 1st April 1986 and the passing of this Act.

Textual Amendments

F1 Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 38(2)

F2 Words added by S.I. 1988/2074, art. 2

F3 S. 3(5)(h) inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 38(3)

F4 Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), s. 231(7), 235(6), 237(1), Sch. 12 para. 38(4)

Modifications etc. (not altering text)

C1 S. 3(5)(a): power to amend conferred by Education Reform Act 1988 (c. 40, SIF 41:1), s. 46(1), Sch. 4 para. 1(2)