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STATUTORY INSTRUMENTS


2006 No. 1274

EDUCATION, ENGLAND AND WALES

The Education (School Teachers' Pay and Conditions) Order 2006

  Made 9th May 2006 
  Laid before Parliament 11th May 2006 
  Coming into force 1st June 2006 

The Secretary of State for Education and Skills has consulted the Chairman of the School Teachers' Review Body[1] in accordance with section 125(2)(b) of the Education Act 2002[2] about disapplying section 125(1) of that Act; and has consulted, in accordance with section 126 of that Act, 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 her to be appropriate to consult having regard to the content of this Order.

     In exercise of the powers conferred on the Secretary of State by sections 122(1), 123, 124 and 210(7) of that Act, the Secretary of State for Education and Skills makes the following Order:

Citation and commencement
     1. This Order may be cited as The Education (School Teachers' Pay and Conditions) Order 2006 and shall come into force on 1st June 2006.

Amendments to the Document
    
2. —(1) The School Teachers' Pay and Conditions Document 2005[3] is amended in accordance with the following paragraphs.

    (2) After paragraph 55.4 insert the following—

    " Salary sacrifice arrangements
         55A. For the purposes of this paragraph, the term "salary sacrifice arrangement" means any arrangement under which the teacher gives up the right to receive part of his gross salary in return for the employer's agreement to provide him with a benefit-in-kind under any of the following schemes—

      (a) a child care voucher or other child care benefit scheme;

      (b) a cycle or cyclist's safety equipment scheme; or

      (c) a mobile telephone scheme; and

    that benefit in-kind is exempt from income tax [4].

         55A.2. Where the employer operates a salary sacrifice arrangement, the teacher may participate in any such arrangement and his gross salary may be reduced accordingly for the duration of his participation in it.

        
    55A.3. Participation in any salary sacrifice arrangement shall have no effect upon the determination of any safeguarded sum to which the teacher may be entitled under any provision of the Document.".

     3. After Annex 6 of the Document (Changes taking effect from 1st January 2006) insert the following Annex—



    " ANNEX 7


    PART 1 – CHANGES TAKING EFFECT FROM 1st SEPTEMBER 2006

    In paragraph 30.1—

      (a) insert the following heading above the pay spine—

      " Previous Pay Spine - Effective until 31 August 2006";


    and

      (b) insert the following table after the pay spine—

      " New Pay Spine - Effective from 1 September 2006


      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
      AST1 34,083 40,527 36,789 35,025
      AST2 34,938 41,385 37,644 35,880
      AST3 35,811 42,258 38,514 36,750
      AST4 36,705 43,149 39,411 37,647
      AST5 37,617 44,067 40,323 38,562
      AST6 38,559 45,006 41,265 39,501
      AST7 39,600 46,050 42,306 40,545
      AST8 40,512 46,959 43,218 41,451
      AST9 41,523 47,970 44,229 42,468
      AST10 42,591 49,038 45,297 43,533
      AST11 43,695 50,139 46,398 44,637
      AST12 44,703 51,150 47,409 45,648
      AST13 45,822 52,269 48,528 46,767
      AST14 46,962 53,409 49,665 47,904
      AST15 48,132 54,576 50,835 49,071
      AST16 49,413 55,860 52,116 50,355
      AST17 50,547 56,997 53,253 51,495
      AST18 51,819 58,266 54,525 52,761"


        (2) After paragraph 30.8 insert the following sub-paragraphs—

          " (30.9) Subject to paragraphs 30.9A and 30.9B, the relevant body shall transfer its advanced skills teachers from the previous pay spine to the new pay spine with effect from 1st September 2006, in accordance with the following table—

      Previous Spine Point New Spine Point

      (All Regions)

      1 AST1
      2 AST1
      3 AST1
      4 AST1
      5 AST2
      6 AST3
      7 AST3
      8 AST4
      9 AST5
      10 AST5
      11 AST6
      12 AST7
      13 AST7
      14 AST8
      15 AST9
      16 AST10
      17 AST11
      18 AST11
      19 AST12
      20 AST13
      21 AST13
      22 AST14
      23 AST15
      24 AST16
      25 AST17
      26 AST17
      27 AST18"


        
    30.9A Where the relevant body determines that an advanced skills teacher shall move up the pay spine in accordance with paragraph 30.7, it shall make and give effect to that determination using the previous pay spine and before the teacher is assimilated onto the new pay spine in accordance with paragraph 30.9.

        
    30.9B Where it is not possible to make and give effect to the determination referred to in paragraph 30.9A in accordance with paragraph 30.7 before the advanced skills teacher is assimilated onto the new pay spine in accordance with paragraph 30.9, the relevant body shall make the determination using the previous pay spine, as though assimilation had not taken place, and re-assimilate him onto the new pay spine thereafter in accordance with paragraph 30.9.



    PART 2 – CHANGES TAKING EFFECT FROM 1st SEPTEMBER 2007

        
    2. In paragraph 30.1 substitute the pay spines with the following pay spine—

    "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
    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
    AST17 51,813 58,422 54,585 52,785
    AST18 53,115 59,724 55,890 54,081"



Jim Knight
Minister of State Department for Education and Skills

9th May 2006



EXPLANATORY NOTE

(This note is not part of the Order)


This Order amends the School Teachers' Pay and Conditions Document 2005 ("the Document") in order to allow teachers to participate voluntarily in certain salary sacrifice arrangements and in order to ensure that where a teacher is entitled to a safeguarded sum under the Document participation in a salary sacrifice arrangement does not affect the determination of that safeguarded sum with effect from 1st June 2006.

This Order also amends the Document to make provision for the assimilation of Advanced Skills Teachers onto a new pay spine with effect from 1st September 2006. These changes result from a recommendation made by the School Teachers' Review Body in Part 2 of their 13th Report in 2004.


Notes:

[1] 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

[2] 2002. c.32.back

[3] ISBN 0 11 271180 4; the Document was given legal effect by The Education (School Teachers' Pay and Conditions (No. 3) Order 2005 (S.I. 2005/2212).back

[4] The Income Tax (Earning and Pensions) Act 2003 (2003 c.1) provides that no liability to income tax arises in respect of the provision for an employee of any of these benefits-in-kind, where the specified conditions are met.back



ISBN 0 11 074560 4


 © Crown copyright 2006

Prepared 16 May 2006
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