The Education (School Teachers' Pay and Conditions) (No. 2) (Amendment) Order 2007 No. 1688

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STATUTORY INSTRUMENTS

2007 No. 1688
EDUCATION, ENGLAND AND WALES
The Education (School Teachers' Pay and Conditions) (No. 2) (Amendment) Order 2007

	Made	12th June 2007
	Laid before Parliament	18th June 2007
	Coming into force	16th July 2007

Following the reference to them of certain matters by the Secretary of State under section 120(1) of the Education Act 2002[1] ("the Act"), the School Teachers' Review Body[2] ("the STRB") have, after following the procedure set out in section 121 of the Act, reported to the Prime Minister and to the Secretary of State in accordance with section 120(3) of the Act[3], and the Prime Minister and Secretary of State have arranged for publication of their report under section 120(4) of the Act[4].

     The Secretary of State for Education and Skills, having considered the STRB's report in accordance with section 125(1)(b) of the Act, makes the following Order in exercise of the powers conferred by sections 122(1), 123, 124 and 210(7) of the Act. This Order also makes subsidiary provision about matters which have not been referred to the STRB under section 120 of the Act, in reliance upon section 125(2)(a) of the Act.

     In accordance with section 126 of the Act, the Secretary of State has consulted such associations of local education authorities, such bodies representing the interests of governing bodies of schools and such bodies representing the interests of teachers as appeared to him to be appropriate having regard to the contents of this Order.

Citation and commencement
     1. This Order may be cited as the Education (School Teachers' Pay and Conditions) (No. 2) (Amendment) Order 2007 and comes into force on 16th July 2007.

Amendment of the School Teachers' Pay and Conditions (No. 2) Order 2006
     2. —(1) The School Teachers' Pay and Conditions (No. 2) Order 2006[5] is amended in accordance with the following paragraphs.

    (2) In article 4, after the words "article 5" insert "(1) to (6), and on and after the coming into force of the Education (School Teachers' Pay and Conditions) (No. 2) (Amendment) Order, to article 5(7)".

    (3) After article 5(6) insert the following—

(4) After the Minister's signature insert the following—

" SCHEDULE

Article 2(3)

For Annex 6 of the Document substitute the following—

ANNEX 6—Changes Taking Effect From 1st September 2007

In Contents—

2. In paragraph 1.2—

(a) for paragraph (a) of the definition of "advanced skills teacher post" substitute—

to undertake one or more of the duties listed in paragraph 69.1 in accordance with paragraph 69.2;";

(b) after the definition of "advanced skills teacher post" insert—

" "advanced skills teacher standards" means the professional standards which an advanced skills teacher is required to meet, as set out in Annex 1, where each advanced skills teacher standard is prefixed by the letter ‘A' ;";

" "core standards" means the professional standards which all post-threshold teachers, excellent teachers and advanced skills teachers are required to meet, as set out in Annex 1, where each core standard is prefixed by the letter ‘C' ;";

(d) for paragraph (a) of the definition of "excellent teacher post" substitute—

to undertake the duties listed in paragraph 71; and";

(e) after the definition of "excellent teacher post" insert—

" "excellent teacher standards" means the professional standards which an excellent teacher is required to meet, as set out in Annex 1, where each excellent teacher standard is prefixed by the letter ‘E' ;";

(f) after the definition of "Fast Track teacher" insert—

" "Fast Track teacher standards" means the standards which a Fast Track teacher is required to meet, as set out in Annex 3;";

(g) the definition of "performance threshold standards" is deleted;

(h) for sub-paragraph (a) of the definition of "post-threshold teacher" substitute—

(i) in sub-paragraph (d) of the definition of "post-threshold teacher", after the words "Annex 2" insert "of an earlier Document or the advanced skills teacher standards";

(j) after the definition of "post-threshold teacher" insert—

" "post-threshold teacher standards" means the professional standards which a post-threshold teacher is required to meet, as set out in Annex 1,where each post-threshold teacher standard is prefixed by the letter ‘P' ;";

(k) after the definition of "relevant body" insert—

" "relevant period" means the two year period immediately preceding the date of the application for assessment against the post-threshold teacher standards or, where the applicant has not been engaged in the provision of education to children of school age throughout that time, the most recent aggregate period of two years in the five years immediately preceding the date of the application;".

     3. In paragraph 4.1(c), for the words "performance threshold standards" substitute "post-threshold teacher standards".

     4. For the pay spine in paragraph 6.4 substitute—

Spine Point Annual Salary England & Wales excluding the London Area Annual Salary Inner London Area Annual Salary Outer London Area Annual Salary Fringe Area

           £ £ £ £

L1 34,938 41,541 37,710 35,901

L2 35,814 42,420 38,586 36,777

L3 36,708 43,317 39,477 37,671

L4 37,623 44,229 40,398 38,589

L5 38,559 45,171 41,334 39,528

L6 39,525 46,134 42,297 40,491

L7 40,590 47,202 43,365 41,559

L8 41,526 48,135 44,301 42,489

L9 42,564 49,170 45,336 43,530

L10 43,656 50,265 46,431 44,622

L11 44,790 51,393 47,559 45,753

L12 45,822 52,431 48,597 46,791

L13 46,968 53,577 49,743 47,937

L14 48,138 54,747 50,907 49,104

L15 49,338 55,941 52,107 50,298

L16 50,649 57,258 53,421 51,615

L17 51,813 58,422 54,585 52,785

L18 53,115 59,724 55,890 54,081

L19 54,432 61,041 57,207 55,398

L20 55,782 62,391 58,557 56,751

L21 57,162 63,771 59,937 58,134

L22 58,581 65,190 61,353 59,550

L23 60,033 66,636 62,805 60,996

L24 61,521 68,130 64,293 62,490

L25 63,051 69,657 65,823 64,014

L26 64,611 71,217 67,383 65,580

L27 66,210 72,816 68,982 67,176

L28 67,854 74,460 70,626 68,817

L29 69,534 76,143 72,306 70,503

L30 71,265 77,874 74,037 72,228

L31 73,026 79,635 75,801 73,995

L32 74,841 81,447 77,613 75,810

L33 76,701 83,307 79,476 77,670

L34 78,597 85,206 81,372 79,566

L35 80,550 87,159 83,322 81,519

L36 82,545 89,151 85,314 83,511

L37 84,597 91,209 87,372 85,563

L38 86,691 93,297 89,463 87,657

L39 88,803 95,409 91,575 89,766

L40 91,020 97,632 93,795 91,989

L41 93,294 99,906 96,069 94,260

L42 95,631 102,237 98,400 96,600

L43 98,022 104,628 100,794 98,991"

5. For the groups and pay ranges in paragraph 8.3 substitute—

Group Range of Spine Points Annual Salary Range England & Wales excluding the London Area Annual Salary Range Inner London Area Annual Salary Range Outer London Area Annual Salary Range Fringe Area

£ £ £ £

1 " L6–

L18

39,525–

53,115

46,134–

59,724

42,297–

55,890

40,491–

54,081

2 L8–

L21

41,526–

57,162

48,135–

63,771

44,301–

59,937

42,489–

58,134

3 L11–

L24

44,790–

61,521

51,393–

68,130

47,559–

64,293

45,753–

62,490

4 L14–

L27

48,138–

66,210

54,747–

72,816

50,907–

68,982

49,104–

67,176

5 L18–

L31

53,115–

73,026

59,724–

79,635

55,890–

75,801

54,081–

73,995

6 L21–

L35

57,162–

80,550

63,771–

87,159

59,937–

83,322

58,134–

81,519

7 L24–

L39

61,521–

88,803

68,130–

95,409

64,293–

91,575

62,490–

89,766

8 L28–

L43

67,854–

98,022

74,460–

104,628

70,626–

100,794

68,817–

98,991

"

6. For the pay scale in paragraph 17.3 substitute—

Spine Point Annual Salary England & Wales excluding the London Area Annual Salary Inner London Area Annual Salary Outer London Area Annual Salary Fringe Area

£ £ £ £

M1 20,133 24,168 23,118 21,102

M2 21,726 25,548 24,501 22,692

M3 23,472 27,327 26,247 24,438

M4 25,278 29,328 28,053 26,250

M5 27,270 31,584 30,432 28,239

M6 29,427 33,936 32,751 30,393"

7. For the pay scale in paragraph 19.2 substitute—

Spine Point Annual Salary England & Wales excluding the London Area Annual Salary Inner London Area Annual Salary Outer London Area Annual Salary Fringe Area

£ £ £ £

U1 31,878 37,809 34,650 32,847

U2 33,060 39,666 35,832 34,026

U3 34,281 41,004 37,164 35,250"

8. For paragraph 21, including the heading, substitute—

Assessment against Post-threshold teacher standards

21.1	A qualified teacher ("the applicant") may apply once in any school year to the relevant body for assessment against the post-threshold teacher standards when, or at any time after, he has been placed on point M6 of the main pay scale.
21.2	Where an applicant is employed to teach at more than one school he may not apply to the relevant body of more than one such school.
21.3.1	Except where the applicant is an unattached teacher, the relevant body shall delegate the receipt and assessment of the application to the head teacher.
21.3.2	Where the applicant is an unattached teacher, the relevant body shall delegate the receipt and assessment of the application to a person with management responsibility for the applicant.
21.4	The application shall contain a summary of the evidence the teacher wishes to rely on in order to demonstrate that he has met the post-threshold teacher standards throughout the relevant period.
21.4A	Prior to carrying out the assessment against the post-threshold teacher standards, the person to whom the task of assessing the application has been delegated must be satisfied, by reference to the most recent review of the applicant's performance, that the applicant meets the core standards.
21.4B	Where the person to whom the task of assessing the application has been delegated is not satisfied that the applicant meets the core standards, he shall reject the application and inform the applicant, giving reasons.
21.5	Where the person to whom the task of assessing the application has been delegated is satisfied that the applicant meets the core standards, he shall go on to carry out the assessment against the post-threshold teacher standards.
21.6	Having carried out the assessment against the post-threshold teacher standards (which shall include consideration of the application, the evidence mentioned in the application and such other evidence as he thinks appropriate), the person to whom the task of assessing the application has been delegated shall determine whether the applicant has met those standards throughout the relevant period and inform the applicant of his decision and, where he determines that he has not met those standards he shall reject the application, giving reasons.".

9. In paragraph 24.2—

(a) in sub-paragraph (a), for "£6,663" and "£11,275" substitute "£6,829" and "£11,557" respectively;

(b) in sub paragraph (b), for "£2,306" and "£5,638" substitute "£2,364" and "£5,778" respectively.

10. For paragraphs 25 and 26 substitute—

25.1	This paragraph applies to a TLR award to a classroom teacher prior to 1st September 2007 to which he remains entitled on that date.
25.2	Subject to paragraph 24.2, the amount of the TLR shall be increased by the relevant body by 2.5% with effect from 1st September 2007.
26.1	This paragraph applies where the relevant body has conducted a review of their staffing structure and has determined that a TLR of a specified amount should attach to a particular post within the staff structure but the TLR is not yet in payment.
26.2	Subject to paragraph 24.2, the relevant body shall increase the specified amount of the TLR by 2.5% with effect from 1st September 2007.".

     11. In paragraph 28.1, for "£1,818" and "£3,597" substitute "£1,866" and "£3,687" respectively.

     12. For the pay spine in paragraph 31.1 substitute—

Spine Point Annual Salary England & Wales excluding the London Area Annual Salary Inner London Area Annual Salary Outer London Area Annual Salary Fringe Area

           £ £ £ £

AST1 34,938 41,541 37,710 35,901

AST2 35,814 42,420 38,586 36,777

AST3 36,708 43,317 39,477 37,671

AST4 37,623 44,229 40,398 38,589

AST5 38,559 45,171 41,334 39,528

AST6 39,525 46,134 42,297 40,491

AST7 40,590 47,202 43,365 41,559

AST8 41,526 48,135 44,301 42,489

AST9 42,564 49,170 45,336 43,530

AST10 43,656 50,265 46,431 44,622

AST11 44,790 51,393 47,559 45,753

AST12 45,822 52,431 48,597 46,791

AST13 46,968 53,577 49,743 47,937

AST14 48,138 54,747 50,907 49,104

AST15 49,338 55,941 52,107 50,298

AST16 50,649 57,258 53,421 51,615

AST 17 51,813 58,422 54,585 52,785

AST 18 53,115 59,724 55,890 54,081"

13. For paragraph 32, including the heading, substitute—

" Assessment against the advanced skills teacher standards, the excellent teacher standards and the Fast Track teacher standards

Eligibility

32.1	A classroom teacher who is not a post-threshold teacher who has been selected for interview for an advanced skills teacher post is eligible to apply for assessment against the post-threshold teacher standards, the excellent teacher standards and the advanced skills teacher standards.
32.2	A post-threshold teacher who has been selected for interview for an advanced skills teacher post is eligible to apply for assessment against the excellent teacher standards and the advanced skills teacher standards.
32.3	An excellent teacher who has been selected for interview for an advanced skills teacher post is eligible to apply for assessment against the advanced skills teacher standards.
32.4	A post-threshold teacher who is placed at point U3 on the pay scale set out in paragraph 19.2 and who is employed by a relevant body that has an excellent teacher's post that is vacant, is eligible to apply for assessment against the excellent teacher standards.
32.5	A classroom teacher who is not a post-threshold teacher is eligible to apply for assessment against the Fast Track teacher standards.".

14. For paragraph 34, including the heading, substitute—

Advanced skills teacher and excellent teacher pre-assessment

34.1	Paragraphs 34.1A to 34.1E apply where an eligible teacher ("the applicant") applies for assessment against the relevant standards set out in Annex 1.
34.1A	Before he can be assessed against the relevant standards by an assessor, the applicant must meet the standards which apply to any person on the same pay scale or pay spine as the applicant or, where the applicant is an excellent teacher, any person on an excellent teacher's salary.
34.1B	Except where the applicant is an unattached teacher, the relevant body shall delegate the task of determining whether an applicant meets the standards referred to in paragraph 34.1A to the head teacher.
34.1C	Where the applicant is an unattached teacher, the relevant body shall delegate the task of determining whether the applicant meets the standards referred to in paragraph 34.1A to a person with management responsibility for the applicant.
34.1D	Where the person to whom the task of determining whether the applicant meets the standards referred to in paragraph 34.1A has been delegated is not satisfied that the applicant meets those standards, he shall reject the application and inform the applicant, giving reasons.
34.1E	Where the person to whom the task of determining whether the applicant meets the standards referred to in paragraph 34.1A has been delegated is satisfied that the applicant meets those standards, he shall inform the applicant and pass the application, together with all the evidence, to the assessor.

Advanced skills teacher, excellent teacher and Fast Track teacher assessment

34.2	Paragraphs 34.2A and 34.2B apply where an eligible teacher ("the applicant") applies for assessment against the relevant standards set out in Annex 1 or Annex 3, as the case may be.
34.2A	The assessor shall assess the applicant against the relevant standards and determine whether he meets them.
34.2B	The assessor shall inform the applicant of his decision, and where he determines that the applicant does not meet the relevant standards, give reasons.
34.2C	In the case of an assessment against the relevant standards set out in Annex 1, where the assessor determines that the applicant meets the relevant standards, he shall also issue a certificate to that effect.".

15. In paragraph 35.4 (a), for the words "standards set out in Annex 2" substitute "relevant standards set out in Annex 1".

16. In paragraph 39.1(b), for the words "been certified as meeting the standards set out in Annex 2" substitute—

17. For the table in paragraph 39.2 substitute—

Annual Salary England and Wales (excluding the London Area) Annual Salary Inner London Area Annual Salary Outer London Annual Salary Fringe Area

£ £ £ £

36,771 43,860 39,747 37,809"

18. For the pay scale in paragraph 41.1 substitute—

Spine Point Annual Salary England & Wales excluding the London Area Annual Salary Inner London Area Annual Salary Outer London Area Annual Salary Fringe Area

£ £ £ £

1 14,751 18,552 17,523 15,720

2 15,417 19,215 18,186 16,383

3 16,056 19,857 18,831 17,028

4 16,722 20,523 19,497 17,694

5 17,397 21,201 20,169 18,366

6 18,045 21,846 20,820 19,011

7 18,711 22,509 21,483 19,674

8 20,256 24,054 23,031 21,225

9 22,011 25,809 24,786 22,977

10 23,331 27,129 26,106 24,297"

19. In paragraph 63—

(a) for paragraphs 63.9.1 and 63.9.2 substitute—

63.9.1

satisfying himself whether a teacher at the school who applies for a post-threshold teacher assessment under paragraph 21 meets the core standards and, where he is so satisfied, assessing whether that teacher has met the post-threshold teacher standards throughout the relevant period;

63.9.2

where he is not satisfied that the teacher meets the core standards or, having gone on to assess the teacher against the post-threshold teacher standards, he determines that the teacher has not met the post-threshold teacher standards throughout the relevant period, explaining to the teacher the reasons for his decision and giving him advice about those aspects of his performance which must be improved in order to meet those standards;";

(b) for paragraphs 63.10.1 and 63.10.2 substitute—

63.10.1

satisfying himself, in connection with an application by a teacher at the school for assessment against the relevant standards set out in Annex 1, that the teacher meets the standards which apply to any person on the same pay scale or pay spine as the applicant or, where the applicant is an excellent teacher, any person on an excellent teacher's salary and, where he is not so satisfied, explaining to the teacher the reasons for his decision and giving him advice about the aspects of his performance which must be improved in order to meet those standards;

63.10.2

" providing, in connection with an application for an assessment by an assessor against the relevant standards set out in Annex 1 by a teacher at the school or a teacher who was previously employed at the school—

20. For ANNEX 1, including the heading, substitute—

" ANNEX 1—Professional standards for post-threshold teachers, excellent teachers and advanced skills teachers

Interpretation
In the table below—

the letter "A" indicates an advanced skills teacher standard;

the letter "C" indicates a core standard;

the letter "E" indicates an excellent teacher standard;

the letter "P" indicates a post-threshold teacher standard;

"classroom" means any setting where teaching and learning take place;

"formative assessment" means the process by which a teacher and learner identify the learner's needs and teaching and learning activities are adapted in order to meet those needs;

"learners" is used instead of the term `children and young people' when learning is the main focus of the standard and means all children and young people;

"lessons" or "sequences of lessons" means all teaching and learning activities, wherever they take place, whatever their nature and length, and however they might be organised;

"personalised learning" means learning which focuses on individual progress, for the purposes of enhancing achievement, participation and progress at school;

"subjects/curriculum areas" means all forms of organised learning across the curriculum;

"well-being", in relation to children and young people, means their—

"workplace" means any educational establishment or other place where teaching and learning take place."

21. ANNEX 2 is deleted.".

Jim Knight
Minister of State Department for Education and Skills

12th June 2007

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the School Teachers' Pay and Conditions (No. 2) Order 2006 and the Document which was given legal effect by that Order primarily in order to revise existing pay standards for post-threshold teachers, excellent teachers and advanced skills teachers. The revised pay standards will not take effect until 1st September 2007 and appear in a revised Annex 6 to the Document, which details all changes taking effect from 1st September 2007.

Notes:

[1] 2002 c. 32.back

[2] The School Teachers' Review Body was established by section 1 of the School Teachers' Pay and Conditions Act 1991 (1991 c. 49). Section 1 was repealed by section 215(2) of, and Part 12 of Schedule 22 to, the Education Act 2002 (c. 32) but the review body continues to exist by virtue of section 119(1) of that Act.back

[3] Fifteenth Report 2005.back

[4] Cm 6663.back

[5] S.I. 2006/2133.back

ISBN 978 0 11 077652 1

Prepared 29 June 2007

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URL: http://www.bailii.org/uk/legis/num_reg/2007/20071688.html

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	United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Education (School Teachers' Pay and Conditions) (No. 2) (Amendment) Order 2007 No. 1688 URL: http://www.bailii.org/uk/legis/num_reg/2007/20071688.html

Spine Point	Annual Salary England & Wales excluding the London Area	Annual Salary Inner London Area	Annual Salary Outer London Area	Annual Salary Fringe Area
	£	£	£	£
L1	34,938	41,541	37,710	35,901
L2	35,814	42,420	38,586	36,777
L3	36,708	43,317	39,477	37,671
L4	37,623	44,229	40,398	38,589
L5	38,559	45,171	41,334	39,528
L6	39,525	46,134	42,297	40,491
L7	40,590	47,202	43,365	41,559
L8	41,526	48,135	44,301	42,489
L9	42,564	49,170	45,336	43,530
L10	43,656	50,265	46,431	44,622
L11	44,790	51,393	47,559	45,753
L12	45,822	52,431	48,597	46,791
L13	46,968	53,577	49,743	47,937
L14	48,138	54,747	50,907	49,104
L15	49,338	55,941	52,107	50,298
L16	50,649	57,258	53,421	51,615
L17	51,813	58,422	54,585	52,785
L18	53,115	59,724	55,890	54,081
L19	54,432	61,041	57,207	55,398
L20	55,782	62,391	58,557	56,751
L21	57,162	63,771	59,937	58,134
L22	58,581	65,190	61,353	59,550
L23	60,033	66,636	62,805	60,996
L24	61,521	68,130	64,293	62,490
L25	63,051	69,657	65,823	64,014
L26	64,611	71,217	67,383	65,580
L27	66,210	72,816	68,982	67,176
L28	67,854	74,460	70,626	68,817
L29	69,534	76,143	72,306	70,503
L30	71,265	77,874	74,037	72,228
L31	73,026	79,635	75,801	73,995
L32	74,841	81,447	77,613	75,810
L33	76,701	83,307	79,476	77,670
L34	78,597	85,206	81,372	79,566
L35	80,550	87,159	83,322	81,519
L36	82,545	89,151	85,314	83,511
L37	84,597	91,209	87,372	85,563
L38	86,691	93,297	89,463	87,657
L39	88,803	95,409	91,575	89,766
L40	91,020	97,632	93,795	91,989
L41	93,294	99,906	96,069	94,260
L42	95,631	102,237	98,400	96,600
L43	98,022	104,628	100,794	98,991"

Group	Range of Spine Points	Annual Salary Range England & Wales excluding the London Area	Annual Salary Range Inner London Area	Annual Salary Range Outer London Area	Annual Salary Range Fringe Area
		£	£	£	£
1	" L6– L18	39,525– 53,115	46,134– 59,724	42,297– 55,890	40,491– 54,081
2	L8– L21	41,526– 57,162	48,135– 63,771	44,301– 59,937	42,489– 58,134
3	L11– L24	44,790– 61,521	51,393– 68,130	47,559– 64,293	45,753– 62,490
4	L14– L27	48,138– 66,210	54,747– 72,816	50,907– 68,982	49,104– 67,176
5	L18– L31	53,115– 73,026	59,724– 79,635	55,890– 75,801	54,081– 73,995
6	L21– L35	57,162– 80,550	63,771– 87,159	59,937– 83,322	58,134– 81,519
7	L24– L39	61,521– 88,803	68,130– 95,409	64,293– 91,575	62,490– 89,766
8	L28– L43	67,854– 98,022	74,460– 104,628	70,626– 100,794	68,817– 98,991 "

Annual Salary England and Wales (excluding the London Area)	Annual Salary Inner London Area	Annual Salary Outer London	Annual Salary Fringe Area
£	£	£	£
36,771	43,860	39,747	37,809"