Part 8Teachers

Teachers’ pay and conditions

125 Reference to Review Body

1

An order under section 122 may make provision about a matter only if the Secretary of State has—

a

referred the matter to the School Teachers’ Review Body under section 120, and

b

considered their report.

2

But subsection (1) shall not apply—

a

to subsidiary provision, or

b

in a case where the Secretary of State has consulted the chairman of the Review Body about disapplying that subsection.

3

Provision is subsidiary for the purpose of subsection (2)(a) if the Secretary of State thinks that it—

a

concerns only the criteria for entry into or exit from a particular class of teachers for purposes of remuneration,

b

concerns only the criteria for moving from one scale of remuneration to another,

c

concerns only the implementation or application of a system or principle on which the Review Body has reported,

d

prescribes a matter for the purpose of section 122(5),

e

is made under section 123(4), or

f

is minor, consequential, temporary, transitional or designed to resolve an anomaly.

4

The Secretary of State may by order provide that provision of a specified kind (which may be described wholly or partly by reference to an opinion of the Secretary of State or another person)—

a

shall be subsidiary for the purpose of subsection (2)(a), or

b

shall cease to be subsidiary for that purpose.

5

An order under subsection (4) may amend subsection (3).