Citation, commencement and application1

1

This Order may be cited as the Education (School Teachers' Pay and Conditions) Order 2004 and shall come into force on 1st April 2004, except for—

a

article 2(dd) and Part 1 of the Schedule, which shall come into force on 1st April 2005; and

b

article 2(ee) and Part 2 of the Schedule, which shall come into force on 1st September 2005.

2

This Order applies to school teachers within the meaning of section 122 of the Education Act 2002 in England and Wales.

School Teachers' Pay and Conditions2

The provisions set out in section 2 of the document published by The Stationery Office Limited and entitled “School Teachers' Pay and Conditions Document 2003 and Guidance on School Teachers' Pay and Conditions”3 shall have effect with the following amendments—

a

for paragraph 1.7 substitute—

1.7

Where a table containing a pay scale, pay spine or salary range contains four columns of annual salaries or salary ranges, the column headed “England and Wales (excluding the London Area)” applies to teachers serving in England and Wales except those serving in the London Area, the column headed “Inner London Area” applies to teachers serving in the Inner London Area, the column headed “Outer London Area” applies to teachers serving in the Outer London Area and the column headed “Fringe Area” applies to teachers serving in the Fringe Area.

b

in paragraph 2.1 after “Subject to” insert “paragraph 41A (determination of applicable pay scale),”;

c

in paragraph 3.3(b) and (c) —

i

omit “, 24”; and

ii

after “25” insert “or payments or other financial benefits awarded under paragraph 48”;

d

in paragraph 3.4 for “45,46,47 and 48” substitute “45,46 and 47”;

e

for the table in paragraph 4.4 substitute—

Spine point

Annual Salary England and Wales (excluding the London Area)

Annual Salary Inner London Area

Annual Salary Outer London Area

Annual Salary Fringe Area

£

£

£

£

L1

32,202

38,292

34,506

33,093

L2

33,009

39,102

35,313

33,903

L3

33,834

39,927

36,138

34,725

L4

34,680

40,770

36,984

35,571

L5

35,544

41,637

37,848

36,435

L6

36,432

42,525

38,736

37,323

L7

37,419

43,512

39,723

38,310

L8

38,277

44,370

40,581

39,168

L9

39,234

45,327

41,538

40,125

L10

40,242

46,335

42,546

41,133

L11

41,286

47,376

43,587

42,177

L12

42,237

48,330

44,541

43,131

L13

43,296

49,389

45,600

44,187

L14

44,373

50,463

46,674

45,264

L15

45,477

51,567

47,778

46,368

L16

46,689

52,779

48,990

47,580

L17

47,763

53,856

50,067

48,657

L18

48,963

55,056

51,267

49,854

L19

50,175

56,265

52,479

51,066

L20

51,420

57,513

53,724

52,311

L21

52,692

58,785

54,996

53,586

L22

54,000

60,093

56,304

54,891

L23

55,338

61,428

57,642

56,229

L24

56,712

62,805

59,016

57,603

L25

58,119

64,209

60,420

59,010

L26

59,559

65,652

61,863

60,450

L27

61,032

67,125

63,336

61,923

L28

62,547

68,637

64,848

63,438

L29

64,098

70,191

66,402

64,989

L30

65,691

71,784

67,995

66,582

L31

67,317

73,410

69,621

68,211

L32

68,991

75,081

71,295

69,882

L33

70,704

76,794

73,008

71,595

L34

72,453

78,546

74,757

73,344

L35

74,256

80,346

76,557

75,147

L36

76,092

82,182

78,393

76,983

L37

77,985

84,078

80,289

78,876

L38

79,914

86,004

82,215

80,805

L39

81,861

87,951

84,162

82,752

L40

83,907

90,000

86,211

84,798

L41

86,001

92,094

88,305

86,892

L42

88,155

94,245

90,456

89,046

L43

90,360

96,450

92,661

91,251

f

for the table in paragraph 6.3 substitute—

Group

Range of spine points

Salary Range England and Wales (excluding the London Area)

Salary Range Inner London Area

Salary Range Outer London Area

Salary Range Fringe Area

£

£

£

£

1

L6-L18

36,432 – 48,963

42,525 – 55,056

38,736 – 51,267

37,323 – 49,854

2

L8-L21

38,277 – 52,692

44,370 – 58,785

40,581 – 54,996

39,168 – 53,586

3

L11-L24

41,286 – 56,712

47,376 – 62,805

43,587 – 59,016

42,177 – 57,603

4

L14-L27

44,373 – 61,032

50,463 – 67,125

46,674 – 63,336

45,264 – 61,923

5

L18-L31

48,963 – 67,317

55,056 – 73,410

51,267 – 69,621

49,854 – 68,211

6

L21-L35

52,692 – 74,256

58,785 – 80,346

54,996 – 76,557

53,586 – 75,147

7

L24-L39

56,712 – 81,861

62,805 – 87,951

59,016 – 84,162

57,603 – 82,752

8

L28-L43

62,547 – 90,360

68,637 – 96,450

64,848 – 92,661

63,438 – 91,251

g

omit paragraph 10.3.3;

h

in paragraph 10.3.4 for “paragraphs 10.3.2 and 10.3.3” substitute “paragraph 10.3.2”;

i

for the table in paragraph 15.3 substitute—

Scale point

Annual Salary England and Wales (excluding the London Area)

Annual Salary Inner London Area

Annual Salary Outer London Area

Annual Salary Fringe Area

£

£

£

£

M1

18,558

22,059

20,862

19,449

M2

20,025

23,550

22,329

20,916

M3

21,636

25,188

23,940

22,527

M4

23,301

26,883

25,605

24,195

M5

25,137

28,743

27,441

26,031

M6

27,123

30,750

29,424

28,014

j

for the table in paragraph 17.2 substitute—

Scale point

Annual Salary England and Wales (excluding the London Area)

Annual Salary Inner London Area

Annual Salary Outer London Area

Annual Salary Fringe Area

£

£

£

£

U1

29,385

34,851

31,689

30,276

U2

30,474

36,564

32,775

31,365

U3

31,602

37,692

33,906

32,493

U4

32,766

38,859

35,070

33,660

U5

33,978

40,071

36,282

34,872

k

in paragraph 17.4 for “3.1(a)” substitute “3.1(aa)”;

l

in paragraph 23.2 after “may be awarded” insert “for a fixed period not exceeding one year”;

m

for paragraph 23.3 substitute—

23.3

Any classroom teacher who was awarded a management allowance prior to 31st March 2004 shall be paid the allowance for the period determined when the award was made, whether for a fixed period of time or while the classroom teacher remains in the same post.

n

omit paragraph 24;

o

in paragraph 25.1 for—

i

“£1,674” substitute “£1,716”; and

ii

“£3,312” substitute “£3,396”;

p

in paragraph 27.2(a)4 after “any such document” insert “and, at the relevant body’s discretion, 1 or more points for years of experience other than employment as a teacher gained since he was last so placed which the relevant body consider of value to the classroom teacher’s duties”;

q

omit paragraph 27.5(c);

r

for the table in paragraph 28.1 substitute—

Spine point

Annual Salary England and Wales (excluding the London Area)

Annual Salary Inner London Area

Annual Salary Outer London Area

Annual Salary Fringe Area

£

£

£

£

1

30,501

36,594

32,805

31,392

2

31,044

37,137

33,348

31,938

3

31,593

37,683

33,897

32,484

4

32,130

38,223

34,434

33,021

5

32,676

38,766

34,977

33,567

6

33,225

39,318

35,529

34,116

7

33,774

39,864

36,075

34,665

8

34,317

40,410

36,621

35,208

9

34,857

40,950

37,161

35,751

10

35,400

41,490

37,704

36,291

11

35,946

42,039

38,250

36,840

12

36,675

42,768

38,979

37,566

13

37,401

43,494

39,705

38,292

14

38,124

44,214

40,428

39,015

15

38,850

44,940

41,154

39,741

16

39,579

45,669

41,883

40,470

17

40,305

46,395

42,606

41,196

18

41,034

47,124

43,335

41,925

19

41,760

47,850

44,061

42,651

20

42,483

48,576

44,787

43,377

21

43,209

49,302

45,513

44,103

22

44,115

50,205

46,416

45,006

23

45,027

51,120

47,331

45,918

24

45,930

52,023

48,234

46,824

25

46,842

52,932

49,146

47,733

26

47,745

53,838

50,049

48,636

27

48,657

54,747

50,958

49,548

s

for the table in paragraph 36.1 substitute—

Spine point

Annual Salary England and Wales (excluding the London Area)

Annual Salary Inner London Area

Annual Salary Outer London Area

Annual Salary Fringe Area

£

£

£

£

1

13,599

17,100

15,900

14,490

2

14,208

17,709

16,509

15,099

3

14,799

18,303

17,103

15,693

4

15,414

18,918

17,718

16,308

5

16,035

19,539

18,339

16,929

6

16,632

20,136

18,936

17,523

7

17,244

20,748

19,548

18,135

8

18,672

22,173

20,976

19,563

9

20,289

23,790

22,593

21,180

10

21,504

25,005

23,808

22,395

t

omit paragraphs 40.1 to 40.4;

u

in paragraph 40.5(d)—

i

omit “, 24”;

ii

after “25” insert “, or payments made under paragraph 48,”; and

iii

for “paragraphs 16.1” substitute “paragraph 16.1”;

v

in Part VII, before paragraph 42 insert—

Determination of applicable pay scale

41A.1

A teacher who normally works in the London Area but who is temporarily employed elsewhere shall continue to be paid in accordance with the pay scale applicable to his normal area of employment.

41A.2

A teacher who on 31st March 2004 was being paid in accordance with the Inner London pay scale or who was receiving a London Area allowance shall continue to be paid in accordance with the applicable London Area pay scale notwithstanding that he would not otherwise be entitled to it under the provisions of this Document, for so long as he remains in the post that he held on that date.

41A.3.1

A teacher who moves out of the Inner London Area may continue to be paid in accordance with the Inner London pay scale at the rate being paid before he moved for so long as he continues to be employed as a teacher in a post in which his salary is paid by the same authority.

41A.3.2

A teacher who moves out of the Outer London Area, to anywhere but the Inner London Area, may continue to be paid on the Outer London Area scale at the rate being paid before he moved for so long as he continues to be employed as a teacher in a post in which his salary is paid by the same authority.

41A.3.3

A teacher who moves out of the Fringe Area, to anywhere but the Inner London Area or the Outer London Area, may continue to be paid on the Fringe Area scale at the rate being paid before he moved for so long as he continues to be employed as a teacher in a post in which his salary is paid by the same authority.

w

omit paragraph 43.3(b);

x

in paragraph 43.4(b) for “to 25, except for an allowance payable pursuant to an award under paragraph 24.4.1” substitute “and 25”;

y

omit paragraph 43.5(c);

z

renumber paragraph 48 as 48.1 and in that paragraph insert “Subject to paragraph 48.2,” before “the relevant body”;

aa

after paragraph 48.1 insert—

48.2.1

An incentive for the recruitment of a new teacher that consists of periodic payments or the provision of other benefits over a period of time may only be awarded for a fixed period not exceeding 3 years and must not be renewed.

48.2.2

An incentive for the retention of an existing teacher that consists of periodic payments or the provision of other benefits over a period of time may only be awarded for a fixed period not exceeding three years and may, in exceptional circumstances, be renewed.

48.3

An award of an allowance made on or before 31st March 2004 for a fixed period shall continue to have effect save that, where that period ends on or after 1st April 2007, it shall cease to have effect on 31st March 2007.

48.4

An award of an allowance made on or before 31st March 2004 that consists of periodic payments or the provision of other benefits over a period of time otherwise than for a fixed period shall cease to have effect on 1st April 2004.

48.5

In this paragraph “allowance” means a recruitment and retention allowance, or other assistance, support or benefit awarded by the relevant body as an incentive for the recruitment of new teachers or the retention in their service of existing teachers.

bb

for paragraph 49.1 substitute—

49.1

The relevant body shall pay the sum of £33 to a teacher who is required to be registered with the General Teaching Council for England or with the General Teaching Council for Wales, in respect of the registration fee payable in the year 1st April 2004 to 31st March 2005.

cc

in paragraph 2 of Annex 3 omit “is not entitled to be paid at point M6 on the main pay scale,”;

dd

after Part 1 of Annex 6 insert Part 1A, set out in Part 1 of the Schedule; and

ee

in Part 2 of Annex 6 before paragraph 4 insert the paragraphs set out in Part 2 of the Schedule.

David MilibandMinister of StateDepartment for Education and Skills