Education Act 2002

123 Order under section 122: scope E+W

(1) An order under section 122 may, in particular—

(a) confer discretion on a [F1 local authority] or a governing body;

(b) confer a function (which may include the administration of a test or assessment, the exercise of a discretion or the exercise of a supervisory or appellate jurisdiction) on the Secretary of State or on a specified person who has agreed with the Secretary of State to perform that function;

(c) require a discretion or function conferred under paragraph (a) or (b) to be exercised having regard to guidance given by the Secretary of State or another specified person;

(d) make provision for the determination of a teacher’s remuneration by reference to any matter including, in particular, his qualifications, experience, duties, aptitude or previous salary;

(e) make provision for a right of appeal specified by or determined in accordance with the order;

(f) limit the aggregate amount of an allowance, or of a number of allowances, payable to teachers in a school;

(g) set a lower or upper limit on the number or proportion of teachers in a school who are paid on a specified scale;

(h) set a lower or upper limit on the number or proportion of teachers in a school who are paid a specified allowance;

(i) provide for special provisions to apply in relation to a description of school specified by or determined in accordance with the order;

(j) provide for the determination of a question of the interpretation or application of a provision of the order.

(2) Provision under subsection (1)(e) or (j) may—

(a) confer jurisdiction on a court, tribunal, person or body;

(b) provide for a matter to be settled by agreement between, or in a manner agreed between, teachers and [F2 local authorities] or teachers and governing bodies.

(3) An order under section 122 may make retrospective provision, but not so as to—

(a) reduce remuneration in respect of a period wholly or partly before the making of the order, or

(b) alter a condition of employment to the detriment of a teacher in respect of a period wholly or partly before the making of the order.

(4) The Secretary of State may by order provide—

(a) that a payment or entitlement of a specified kind is or is not to be treated as remuneration for the purpose of section 122(1);

(b) that a specified matter is or is not to be treated for that purpose as relating to the professional duties of school teachers;

(c) that a specified matter is or is not to be treated for that purpose as relating to the working time of school teachers.

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)

F2 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(3)

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)

Commencement Information

I1 S. 123 in force at 1.8.2003 by S.I. 2003/1667, art. 2