(1) In this Part—
“assess” includes ... test, and related expressions shall be construed accordingly;
“assessment arrangements”, in relation to a key stage, means the arrangements for assessing pupils in respect of that stage for the specified purposes;
“attainment targets”, in relation to a key stage, means the knowledge, skills and understanding which pupils of different abilities and maturities are expected to have by the end of that stage;
...
“the foundation stage” has the meaning given by section 81;
“key stage”, or references to a particular key stage, shall be construed in accordance with section 82;
“maintained school” means—
any community, foundation or voluntary school maintained by a local authority in England, or
except where otherwise stated, any community or foundation special school which is maintained by a local authority in England and is not established in a hospital;
“maintained nursery school” means a nursery school which is maintained by a local authority in England and is not a special school;
“programmes of study”, in relation to a key stage, means matters, skills and processes which are required to be taught to pupils of different abilities and maturities by the end of that stage;
...
“school year”, in relation to a school, means the period beginning with the first school term to begin after July and ending with the beginning of the first school term to begin after the following July; ...
(2) In subsection (1) “the specified purposes”, in relation to assessment arrangements for a key stage, means—
(a) the purpose of ascertaining what pupils have achieved in relation to the attainment targets for that stage, and
(b) such other purposes as the Secretary of State may by order specify.
(1) The curriculum for a maintained school or maintained nursery school satisfies the requirements of this section if it is a balanced and broadly based curriculum which—
(a) promotes the spiritual, moral, cultural, mental and physical development of pupils at the school and of society, and
(b) prepares pupils at the school for the opportunities, responsibilities and experiences of later life.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Secretary of State shall exercise his functions with a view to securing that the curriculum for every maintained school or maintained nursery school satisfies the requirements of section 78.
(2) Every local authority in England shall exercise their functions with a view to securing that the curriculum for every maintained school or maintained nursery school which they maintain satisfies the requirements of section 78.
(3) The governing body and head teacher of every maintained school or maintained nursery school shall exercise their functions with a view to securing that the curriculum for the school satisfies the requirements of section 78.
(4) The functions referred to in subsections (1) to (3) include in particular—
(a) functions conferred by this Part in relation to the National Curriculum for England, and
(b) except in relation to maintained nursery schools ..., functions relating to religious education and religious worship.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) In exercising any function which may affect the provision of sex education in maintained schools (whether or not as part of the education required to be provided under section 80(1)(d)), every local authority in England must have regard to relevant guidance issued by the Secretary of State under section 80A of this Act or section 403(1A) of the Education Act 1996.
(7) Except to the extent provided in subsection (6), nothing in this section shall be taken to impose duties on a local authority with regard to sex education.
80 Basic curriculum for every maintained school in England
(1) The curriculum for every maintained school in England shall comprise a basic curriculum which includes—
(a) provision for religious education for all registered pupils at the school (in accordance with such of the provisions of Schedule 19 to the School Standards and Framework Act 1998 (c. 31) as apply in relation to the school),
(b) a curriculum for all registered pupils at the school who have ceased to be young children for the purposes of Part 1 of the Childcare Act 2006 but are not over compulsory school age (known as “the National Curriculum for England”),
(c) provision for relationships education for all registered pupils at the school who are provided with primary education,
(d) provision for relationships and sex education for all registered pupils at the school who are provided with secondary education, and
(e) provision for health education for all registered pupils at the school.
(2) Subsection (1)(a) does not apply—
(a) in relation to pupils who are under compulsory school age , or
(b) in the case of a maintained special school (provision as to religious education in special schools being made by regulations under section 71(7) of the School Standards and Framework Act 1998).
(2A) Subsection (1)(c) and (e) do not apply in relation to pupils who are under compulsory school age.
(3) The Secretary of State may by order—
(a) amend subsection (1) so as to add further requirements (otherwise than in relation to religious education relationships education, relationships and sex education or health education),
(b) amend subsection (1)(b) by substituting for the reference to compulsory school age (or to any age specified there by virtue of this paragraph) a reference to such other age as may be specified in the order, and
(c) amend any provision included in subsection (1) by virtue of paragraph (a) of this subsection.
80A Guidance about relationships, sex and health education
(1) The Secretary of State must give guidance about the provision of education under section 80(1)(c), (d) and (e).
(2) In relation to education provided under section 80(1)(c) and (d), the guidance must be given with a view to ensuring that—
(a) the pupils learn about—
(i) the nature of marriage and civil partnership and their importance for family life and the bringing up of children,
(ii) safety in forming and maintaining relationships,
(iii) the characteristics of healthy relationships, and
(iv) how relationships may affect physical and mental health and wellbeing, and
(b) the education is appropriate having regard to the age and the religious background of the pupils.
(3) The governing body of a maintained school must have regard to guidance under this section.
(4) The Secretary of State must review guidance under this section from time to time.
(5) In this section “maintained school” includes a community or foundation special school established in a hospital.
80B Relationships education and relationships and sex education: statements of policy
(1) The governing body of a maintained school must—
(a) make, and keep up to date, a separate written statement of their policy with regard to the provision of education under each of paragraphs (1)(c) and (d) of section 80, and
(b) publish a copy of the statement on a website and provide a copy free of charge to anyone who asks for one.
(2) A statement under subsection (1) must include a statement of the effect of section 405(3) of the Education Act 1996 (exemption from sex education: England).
(3) The governing body must consult parents of registered pupils at the school before making or revising a statement under subsection (1).
(4) In this section “maintained school” includes a community or foundation special school established in a hospital.
(1) For the purposes of this Part, the key stages in relation to a pupil are—
(a) the period beginning at the same time as the school year in which he attains the age of six and ending at the same time as the school year in which the majority of pupils in his class attain the age of seven (“the first key stage”),
(b) the period beginning at the same time as the school year in which the majority of pupils in his class attain the age of eight and ending at the same time as the school year in which the majority of pupils in his class attain the age of eleven (“the second key stage”),
(c) the period beginning at the same time as the school year in which the majority of pupils in his class attain the age of twelve and ending at the same time as the school year in which the majority of pupils in his class attain the age of fourteen (“the third key stage”), and
(d) the period beginning at the same time as the school year in which the majority of pupils in his class attain the age of fifteen and ending at the same time as the school year in which the majority of pupils in his class cease to be of compulsory school age (“the fourth key stage”).
(2) The head teacher of a school may elect, in relation to a particular pupil and a particular subject, that subsection (1) shall have effect as if any reference to the school year in which the majority of pupils in that pupil’s class attain a particular age were a reference to the school year in which that pupil attains that age.
(3) If at any time, in the case of a pupil of compulsory school age, subsection (1) does not, apart from this subsection, apply to determine the period within which that time falls, that subsection shall have effect as if—
(a) in the case of paragraphs (a) to (c), any reference to the school year in which the majority of pupils in that pupil’s class attain a particular age were a reference to the school year in which that pupil attains that age, and
(b) in the case of paragraph (d), the period were a period beginning at the same time as the school year in which he attains the age of fifteen and ending when he ceases to be of compulsory school age.
(4) The Secretary of State may by order—
(a) provide that, in relation to any subject specified in the order, subsection (1) shall have effect as if for the ages of seven and eight there specified there were substituted such other ages (less than eleven and twelve respectively) as may be specified in the order, or
(b) amend subsections (1) to (3).
(5) In this section “class”, in relation to a particular pupil and a particular subject, means—
(a) the teaching group in which he is regularly taught in that subject, or
(b) where there are two or more such groups, such one of them as may be designated by the head teacher of the school.
84 Curriculum requirements for first, second and third key stages
(1) For the first, second and third key stages, the National Curriculum for England shall comprise the core and other foundation subjects specified in subsections (2) and (3), and shall specify attainment targets, programmes of study and assessment arrangements in relation to each of those subjects for each of those stages.
(2) The following are the core subjects for the first, second and third key stages—
(a) mathematics,
(b) English, and
(c) science.
(3) The following are the other foundation subjects for the first, second and third key stages—
(a) design and technology,
(b) computing,
(c) physical education,
(d) history,
(e) geography,
(f) art and design,
(g) music,
(ga) in relation to the second key stage, a foreign language, and
(h) in relation to the third key stage—
(i) citizenship, and
(ii) a modern foreign language.
(A4) In paragraph (ga) of subsection (3) “foreign language” means –
(a) a foreign language specified in an order made by the Secretary of State for the purposes of this subsection, or
(b) if the order provides that any foreign language is a foreign language for the purposes of this subsection, any foreign language;
(4) In sub-paragraph (ii) of subsection (3)(h) “modern foreign language” means –
(a) a modern foreign language specified in an order made by the Secretary of State for the purposes of this subsection, or
(b) if the order provides that any modern foreign language is a modern foreign language for the purposes of this subsection, any modern foreign language.
(5) An order under subsection (A4) or (4) may—
(a) specify circumstances in which a language is not to be treated as a foundation subject, and
(b) provide for the determination under the order of any question arising as to whether a particular language is a foreign language or modern foreign language, as the case may be.
(6) The Secretary of State may by order amend subsections (2) to (5).
(1) For the fourth key stage, the National Curriculum for England shall comprise the core and other foundation subjects and the elements referred to in subsection (5).
(2) The National Curriculum for England shall specify programmes of study in relation to each of the core and other foundation subjects for the fourth key stage.
(3) The following are the core subjects for the fourth key stage—
(a) mathematics,
(b) English, and
(c) science.
(4) The following are the other foundation subjects for the fourth key stage—
(a) computing,
(b) physical education, and
(c) citizenship.
(5) The elements for the fourth key stage referred to in subsection (1) are—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) in relation to any pupil who so elects, one subject from each of such one or more of the four entitlement areas specified below as the pupil may elect.
(6) Those entitlement areas are—
(a) arts, comprising—
(i) art and design,
(ii) music,
(iii) dance,
(iv) drama, and
(v) media arts,
(b) design and technology (comprising only that subject),
(c) humanities, comprising—
(i) geography, and
(ii) history, and
(d) modern foreign languages, comprising any modern foreign language specified in an order made by the Secretary of State or, if the order so specifies, any modern foreign language.
(7) An order under subsection (6)(d) may—
(a) specify circumstances in which a language is not to be treated as falling within subsection (6)(d), and
(b) provide for the determination under the order of any question arising as to whether a particular language is a modern foreign language.
(8) A pupil in the fourth key stage shall, if he so elects, be entitled to follow a course of study in a subject within each of the four entitlement areas specified in subsection (6); but this entitlement is satisfied where one subject within each of those entitlement areas is made available to him by or on behalf of the school at which he is a registered pupil.
(9) In the exercise of their functions under this Part by virtue of this section, a local authority, governing body or head teacher shall have regard to any guidance relating to ... the entitlement areas which is issued from time to time by the Secretary of State.
(10) In this section—
“course of study” means a course of education or training which leads to a qualification approved under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act;
...
86 Power to alter or remove requirements for fourth key stage
The Secretary of State may by order—
(a) amend any provision of section 85, or
(b) provide that, while the order remains in force, that section is not to have effect.
87 Establishment of the National Curriculum for England by order
(1) The Secretary of State shall so exercise the powers conferred by subsection (3) as to revise the National Curriculum for England whenever he considers it necessary or expedient to do so.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In respect of the first, second and third key stages and (subject to section 86) the fourth key stage, the Secretary of State may by order specify in relation to each of the foundation subjects—
(a) such attainment targets,
(b) such programmes of study, and
(c) such assessment arrangements,
as he considers appropriate for that subject.
(4) An order under subsection ... (3) may not require—
(a) the allocation of any particular period or periods of time during ... any key stage to the teaching of any ... programme of study or any matter, skill or process forming part of it, or
(b) the making in school timetables ... of provision of any particular kind for the periods to be allocated to such teaching during any such stage.
(5) An order under subsection ... (3) may, instead of containing the provisions to be made, refer to provisions in a document published by a person, and in the manner, specified in the order and direct that those provisions are to have effect or, as the case may be, are to have effect as amended by the order.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6A) Before making an order under subsection (3)(c) the Secretary of State—
(a) shall consult the Office of Qualifications and Examinations Regulation, and
(b) may consult such other persons as the Secretary of State considers appropriate.
(7) An order under subsection (3)(c) may confer or impose such functions on—
(a) the governing body and head teacher, ...
(b) the local authority,
(c) ... and
(d) any other person with whom the Secretary of State has made arrangements in connection with the development, implementation or monitoring of assessment arrangements,
as appear to the Secretary of State to be required.
(8) An order under subsection ... (3)(c) may specify such assessment arrangements as may for the time being be made by a person specified in the order.
(8A) An order under subsection (3)(c) which includes provision made by virtue of subsection (8) shall provide that before making or revising the assessment arrangements the person specified in the order—
(a) shall consult the Office of Qualifications and Examinations Regulation, and
(b) may consult such other persons as that person considers appropriate.
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) The duties that may be imposed by virtue of subsection (7)(a) or (b) include, in relation to persons exercising any function in connection with the moderation or monitoring of assessment arrangements, the duty to permit them—
(a) to enter premises of the school ...,
(b) to observe implementation of the arrangements, and
(c) to inspect, and take copies of, documents and other articles.
(11) An order under subsection (3)(c) may authorise a person specified in the order to make delegated supplementary provisions in relation to such matters as may be specified in the order.
(12) In this section “delegated supplementary provisions” means such provisions (other than provisions conferring or imposing functions as mentioned in subsection (7)(a) or (b)) as appear to the authorised person to be expedient for giving full effect to, or otherwise supplementing, the provisions made by the order.
(12A) An order under subsection (3)(c) which authorises a person to make delegated supplementary provisions shall provide that before making, amending or revoking any such provisions the person so authorised—
(a) shall consult the Office of Qualifications and Examinations Regulation, and
(b) may consult such other persons as that person considers appropriate.
(13) An order under subsection (3)(c) authorising the making of delegated supplementary provisions may provide that such provisions may be made only with the approval of the Secretary of State.
(14) Any delegated supplementary provisions shall, on being published as specified in the order under which they are made, have effect for the purposes of this Part as if made by the order.
88 Implementation of the National Curriculum for England in schools
(1) In relation to any maintained school and any school year—
(a) the local authority and the governing body shall exercise their functions with a view to securing, and
(b) the head teacher shall secure,
that the National Curriculum for England as subsisting at the beginning of that year is implemented.
This subsection does not apply in relation to assessment arrangements.
(1A) In relation to any maintained school—
(a) the local authority and the governing body must exercise their functions with a view to securing, and
(b) the head teacher must secure,
that the assessment arrangements specified for the time being in the National Curriculum for England are implemented.
(1) For the purpose of enabling development work or experiments to be carried out, the Secretary of State may direct in respect of a particular maintained school ... that, for such period as may be specified in the direction, the National Curriculum for England—
(a) shall not apply, or
(b) shall apply with such modifications as may be specified in the direction.
(2) A direction under subsection (1) may apply either generally or in such cases as may be specified in the direction.
(3) In the case of a community, voluntary controlled or community special school ..., a direction shall not be given under subsection (1) except on an application—
(a) by the governing body with the agreement of the local authority, or
(b) by the local authority with the agreement of the governing body, ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In the case of a foundation, voluntary aided or foundation special school, a direction shall not be given under subsection (1) except on an application by the governing body....
(5) The Secretary of State may make it a condition of a direction under subsection (1) that any person by whom or with whose agreement the request for the direction was made should, when so directed or at specified intervals, report on any matters specified by the Secretary of State to—
(a) the Secretary of State, or
(b) a person designated for the purposes of this subsection by the Secretary of State.
(5A) If required by the Secretary of State to do so a person designated for the purposes of this subsection by the Secretary of State shall keep under review development work or experiments carried out following a direction given under subsection (1).
(5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5C) A designation under subsection (5)(b) or (5A) may make different provision for different purposes.
(6) The Secretary of State may by a direction under this subsection vary or revoke a direction under subsection (1).
Regulations may provide that the National Curriculum for England, or such of the provisions of the National Curriculum for England as may be specified in the regulations—
(a) shall not apply, or
(b) shall apply with such modifications as may be specified in the regulations,
in such cases or circumstances as may be specified in the regulations.
The special educational provision for any pupil specified in an EHC plan maintained for the pupil may include provision—
(a) excluding the application of the National Curriculum for England, or
(b) applying the National Curriculum for England with such modifications as may be specified in the plan.
The additional learning provision described in an individual development plan prepared or maintained by a local authority in Wales under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 may include provision—
(a) excluding the application of the National Curriculum for England, or
(b) applying the National Curriculum for England with such modifications as may be specified in the plan.
(1) Regulations may enable the head teacher of a maintained school ..., in such cases or circumstances and subject to such conditions as may be prescribed, to direct in respect of a registered pupil at the school that, for such period as may be specified in the direction (the “operative period” of the direction), the National Curriculum for England—
(a) shall not apply, or
(b) shall apply with such modifications as may be specified in the direction.
(2) The conditions prescribed by the regulations shall, in particular, limit the operative period that may be specified in a direction to a maximum period specified in the regulations.
(3) Any maximum period specified (whether in relation to directions given under the regulations or in relation to directions given under the regulations in circumstances specified in the regulations) shall be either—
(a) a fixed period not exceeding six months, or
(b) a period determinable (in such manner as may be specified in the regulations) not later than six months from its beginning.
(4) Any maximum period so specified may, without prejudice to the generality of section 210(7) (which provides that regulations under this Act may make different provision for different cases or circumstances etc.), differ according to whether or not the direction in question is given in respect of a period beginning—
(a) immediately after the end of the operative period of a previous direction, or
(b) within such period after the end of the operative period of a previous direction as may be specified in the regulations.
(5) The regulations may enable the head teacher of a maintained school ..., in such cases or circumstances and subject to such conditions as may be prescribed—
(a) to revoke any direction given by him under the regulations, and
(b) to vary such a direction, except so as to extend its operative period.
(6) Before making any regulations under this section, the Secretary of State shall consult with any persons with whom consultation appears to him to be desirable.
94 Information concerning directions under section 93
(1) Where a head teacher gives or varies a direction under regulations made under section 93, he shall, in such manner as may be prescribed, give the information mentioned in subsection (2)—
(a) to the governing body, and
(b) to the local authority by whom the school is maintained,
and shall take such steps as may be prescribed to give that information also to a parent of the pupil concerned.
(2) That information is—
(a) the fact that he has taken the action in question, its effect and his reasons for taking it,
(b) the provision that is being or is to be made for the pupil’s education during the operative period of the direction, and
(c) either a description of the manner in which he proposes to secure the full implementation of the National Curriculum for England in relation to the pupil after the end of that period, or an indication that he has the opinion mentioned in subsection (3).
(3) That opinion is that the pupil has or probably has special educational needs and the responsible authority ought to be required to secure an EHC needs assessment for the pupil under section 36 of the Children and Families Act 2014 (or, if an EHC plan is maintained for the pupil, a re-assessment under section 44 of that Act).
(4) Where—
(a) the head teacher of a maintained school ... includes an indication of any such opinion in information given under subsection (1), and
(b) the local authority by whom the school is maintained are not the responsible authority in relation to the pupil in question,
the head teacher shall also give that information, in such manner as may be prescribed, to the responsible authority.
(5) Where the responsible authority receive information given to them under subsection (1) or (4) which includes an indication that the head teacher has the opinion mentioned in subsection (3), they shall make a determination in respect of the pupil under section 36(3) of the Children and Families Act 2014 (or, if an EHC plan is maintained for the pupil, under that section as it applies to re-assessments by virtue of regulations under section 44(7)).
(6) In this section “the responsible authority”, in relation to a pupil, means the local authority responsible for him for the purposes of Part 3 of the Children and Families Act 2014 (see section 24 of that Act).
95 Appeals against directions under section 93 etc.
(1) Where a head teacher—
(a) gives, revokes or varies a direction under regulations made under section 93,
(b) refuses to give, revoke or vary such a direction in response to a request made, in such manner and circumstances as may be prescribed by the regulations, by the parent of a registered pupil at the school, or
(c) following the making of such a request, fails within such period as may be prescribed by the regulations to give, revoke or vary such a direction in accordance with the request,
the parent of the pupil concerned may appeal to the governing body.
(2) On such an appeal, the governing body may—
(a) confirm the head teacher’s action, or
(b) direct the head teacher to take such action authorised by the regulations as they consider appropriate in the circumstances.
(3) The head teacher shall comply with any directions of the governing body given under subsection (2)(b).
(4) The governing body shall notify the appellant and the head teacher in writing of their decision on such an appeal.
96 Procedure for making certain orders and regulations
(1) This section applies where the Secretary of State proposes to make—
(a) an order under section 82(4), 84(6) or 87(3)(a) or (b), or
(b) regulations under section 91.
(2) The Secretary of State must give notice of the proposal to such of the following as appear to the Secretary of State to be concerned with the proposal—
(a) associations of local authorities,
(b) bodies representing the interests of school governing bodies, and
(c) organisations representing school teachers.
(3) The Secretary of State must also give notice of the proposal to any other persons with whom consultation appears to the Secretary of State to be desirable.
(4) The Secretary of State must give the bodies and other persons mentioned in subsections (2) and (3) a reasonable opportunity of submitting evidence and representations as to the issues arising from the proposal.
(5) After considering any evidence and representations submitted in pursuance of subsection (4), the Secretary of State must publish, in such manner as, in the Secretary of State's opinion, is likely to bring them to the notice of persons with a special interest in education—
(a) a draft of the proposed order or regulations and any associated document, and
(b) a summary of the views expressed during the consultation.
(6) The Secretary of State must allow a period of at least one month beginning with the publication of the draft of the proposed order or regulations for the submission of any further evidence and representations as to the issues arising.
(7) When the period allowed has expired, the Secretary of State may make the order or regulations, with or without modifications.
(8) An order made under any provision of this Part may (in addition to any provision that it may make by virtue of section 210(7)) make provision amending Schedule 1A to the Academies Act 2010 (application of education legislation).
(1) The body established under section 1 of the School Teachers’ Pay and Conditions Act 1991 (c. 49) (review body)—
(a) shall continue to exist, and
(b) shall be known as the School Teachers’ Review Body.
(2) The Prime Minister shall appoint the chairman of the Review Body.
(3) The Secretary of State shall appoint other members of the Review Body.
(4) Schedule 11 (which makes provision about the Review Body) shall have effect.
(1) The School Teachers’ Review Body shall consider any matter which is referred to them by the Secretary of State and which relates to—
(a) the remuneration of school teachers, or
(b) other conditions of employment of school teachers which relate to their professional duties or working time.
(2) In subsection (1) “school teacher” means a person who is a school teacher for the purposes of section 122 or an Academy teacher for the purposes of section 122A.
(3) Following consideration of a matter under subsection (1) the Review Body shall report to the Prime Minister and the Secretary of State in accordance with any direction of the Secretary of State about—
(a) a consideration to which they are to have particular regard,
(b) matter on which they are to make a recommendation, or
(c) the time within which they are to report.
(4) Where the Prime Minister and the Secretary of State receive a report under subsection (3) they shall arrange for it to be published.
(5) A direction under subsection (3) may be varied or revoked.
(1) Before reporting on a matter referred to them under section 120(1) the School Teachers’ Review Body shall—
(a) notify each relevant body,
(b) give each relevant body an opportunity to submit evidence and make representations, and
(c) give the Secretary of State an opportunity to submit evidence and make representations.
(2) In relation to a matter referred to the Review Body “relevant body” means such of the following as appear to the Review Body to be appropriate to consult about the matter—
(a) associations of local authorities,
(b) local authorities,
(ba) bodies representing the interests of proprietors of Academies,
(c) bodies representing the interests of governing bodies of schools, and
(d) bodies representing the interests of teachers.
(3) The Review Body may—
(a) determine the manner in which each relevant body is permitted to submit evidence or make representations, and
(b) may make different determinations in respect of different relevant bodies.
122 Power to prescribe pay and conditions of school teachers other than Academy teachers
(1) The Secretary of State may by order make provision for the determination of—
(a) the remuneration of school teachers;
(b) other conditions of employment of school teachers which relate to their professional duties or working time.
(2) Where an order under this section applies to a school teacher—
(a) his remuneration shall be determined and paid in accordance with any provision of the order which applies to him,
(b) a provision of the order which relates to a condition of employment other than remuneration and which applies to him shall have effect as a term of his contract of employment, and
(c) a term of that contract shall have no effect in so far as it makes provision which is prohibited by the order or which is otherwise inconsistent with a provision of the order.
(3) A person is a school teacher for the purposes of this section if—
(a) he is a qualified teacher,
(b) he provides primary or secondary education under a contract of employment or for services,
(c) the other party to the contract is a local authority or the governing body of a foundation, voluntary aided or foundation special school, and
(d) the contract requires him to carry out work of a kind which is specified by regulations under section 133(1).
(4) A person is also a school teacher for the purposes of this section if he serves as the head teacher of a school maintained by a local authority.
(5) A person is also a school teacher for the purposes of this section if his case satisfies paragraphs (b), (c) and (d) of subsection (3) and—
(a) he possesses a prescribed qualification,
(b) he provides education of a prescribed kind or in prescribed circumstances (or both),
(c) he is undertaking training of a prescribed kind, or obtaining experience of a prescribed kind, with a view to becoming a qualified teacher,
(d) he is within a prescribed class of persons awaiting assessment for the purpose of becoming a qualified teacher, or
(e) he is within a prescribed class of persons awaiting the award of a qualification.
(6) A person providing education in an establishment maintained by a local authority in the exercise of a social services function is not a school teacher for the purposes of this section.
(7) In the application of subsection (2)—
(a) it is immaterial whether someone other than the party mentioned in subsection (3)(c) provides or is responsible for providing all or part of a teacher’s remuneration,
(b) it is immaterial whether someone other than the party mentioned in subsection (3)(c) is treated wholly or partly as a teacher’s employer for some or all purposes by virtue of an enactment, and
(c) in relation to a person who provides education under a contract for services, a reference to his contract of employment is a reference to the contract for services.
(8) In this section “prescribed” means prescribed by an order under this section.
122A Power to set minimum remuneration of Academy teachers etc
(1) The Secretary of State may by order make provision requiring the remuneration of an Academy teacher to be at least equal to the amount specified in, or determined in accordance with, the order.
(2) Subsection (3) applies where—
(a) an order under this section applies to an Academy teacher, and
(b) the contract of employment or for services between the Academy teacher and the relevant proprietor provides for the teacher to be paid remuneration that is less than the amount specified in, or determined in accordance with, the order.
(3) Where this subsection applies—
(a) the Academy teacher’s remuneration is to be determined and paid in accordance with any provision of the order that applies to the teacher;
(b) any provision of the contract mentioned in subsection (2)(b) or of the Academy arrangements entered into with the Secretary of State by the relevant proprietor has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the order.
(4) A person is an Academy teacher for the purposes of this section in any of the following cases.
(5) The first case is where—
(a) the person provides primary or secondary education under a contract of employment or for services,
(b) the other party to the contract is the proprietor of an Academy,
(c) the contract requires the person to carry out work of a kind which is specified by regulations under section 133(1), and
(d) the person—
(i) is not prevented by regulations under section 133(1) from carrying out that work, and
(ii) is not of a description specified in regulations made by the Secretary of State for the purposes of this paragraph.
(6) The second case is where the person—
(a) serves as the principal of an Academy, and
(b) is not appointed by the proprietor of the Academy as an executive leader of the proprietor.
(7) The third case is where the person would fall within section 122(5) but for the fact that the other party to the contract of employment or for services under which the person provides primary or secondary education is the proprietor of an Academy (and not a party mentioned in section 122(3)(c)).
(8) Regulations under subsection (5)(d) may, in particular, specify a description by reference to a person’s duties or to any provision for a person’s remuneration to be determined otherwise than under this section.
(9) Where the proprietor of an Academy is also the proprietor of a 16 to 19 Academy, a person (“P”) is not an Academy teacher for the purposes of this section to the extent that a contract of employment or for services between P and the proprietor requires P to provide secondary education at the 16 to 19 Academy.
(10) In the application of subsections (2) and (3)—
(a) it is immaterial whether someone other than the relevant proprietor provides or is responsible for providing all or part of a teacher’s remuneration;
(b) it is immaterial whether someone other than the relevant proprietor is treated wholly or partly as a teacher’s employer for some or all purposes by virtue of an enactment.
(11) In this section “the relevant proprietor”, in relation to an Academy teacher, means the proprietor mentioned in subsection (5)(b), (6)(b) or (7) (as the case may be).
(1) An order under section 122 may, in particular—
(a) confer discretion on a 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.
(1A) Subsection (1) applies in relation to an order under section 122A as it does in relation to an order under section 122 but as if—
(a) the reference in paragraph (a) to a local authority or a governing body were to a proprietor of an Academy, and
(b) paragraphs (f) to (h) were omitted.
(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 local authorities , teachers and proprietors of Academies or teachers and governing bodies.
(3) An order under section 122 or 122A 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;
(d) that a payment or entitlement of a specified kind is or is not to be treated as remuneration for the purpose of section 122A(1).
(1) An order under section 122 or 122A may—
(a) make provision which applies generally or only in a specified case or in specified circumstances;
(b) make different provision for different cases or circumstances;
(c) make transitional provision.
(2) An order under section 122 or 122A may make provision by reference to the exercise of another power under this Act.
(3) An order under section 122 or 122A may make provision by reference to a document; and—
(a) an order which makes provision by reference to a document must include provision about publication of the document, and
(b) a reference in this section to an order includes a reference to a document referred to by an order.
(1) An order under section 122 or 122A 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).
The Secretary of State may not make an order under section 122 , 122A or 125(4)(a) unless he has consulted such of the following as appear to him to be appropriate to consult having regard to the content of the order—
(a) associations of local authorities,
(b) local authorities,
(ba) bodies representing the interests of proprietors of Academies,
(c) bodies representing the interests of governing bodies of schools, and
(d) bodies representing the interests of teachers.
(1) The Secretary of State may issue guidance about the procedure to be followed in applying provision of an order under section 122.
(2) The following shall have regard to guidance under subsection (1)—
(a) a local authority, and
(b) the governing body of a school.
(2A) The Secretary of State may issue guidance about the determination of whether, for the purposes of section 122A, a person’s remuneration is at least equal to the amount specified in, or determined in accordance with, an order under that section.
(2B) The proprietor of an Academy must have regard to guidance under subsection (2A).
(3) Where an employer fails to follow guidance under subsection (1) or (2A)—
(a) the failure shall not give rise to civil liability, but
(b) a court or tribunal may take the failure into account in any proceedings.
(4) The Secretary of State may not issue guidance under subsection (1) or (2A) unless he has consulted such of the following as appear to him to be appropriate to consult having regard to the nature of the guidance—
(a) associations of local authorities,
(b) local authorities,
(ba) bodies representing the interests of proprietors of Academies,
(c) bodies representing the interests of governing bodies of schools, and
(d) bodies representing the interests of teachers.
127A References to “Academy” and “Academy arrangements”
(1) In sections 121 to 127, a reference to an Academy—
(a) includes a reference to a city technology college and a city college for the technology of the arts, and
(b) does not include a reference to a 16 to 19 Academy.
(2) A reference in any of those sections to Academy arrangements includes a reference to an agreement under section 482 of the Education Act 1996 (city colleges).
(1) Section 122(2) shall not apply to a person if—
(a) a maintained school is established in place of an independent school in pursuance of proposals published under the relevant school organisation provisions (as defined by subsection (6)), and
(b) the person becomes a school teacher in the maintained school in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 2006.
(2) But if the school teacher gives a notice in writing under this subsection to his new employer, section 122(2) shall apply to him in respect of the period beginning with—
(a) a date specified in the notice,
(b) if no date is specified under paragraph (a), a date agreed between the teacher and the new employer, or
(c) if no date is specified under paragraph (a) or agreed under paragraph (b), the date on which the employer receives the notice.
(3) Where the governing body of a foundation, voluntary aided or foundation special school receive a notice under subsection (2), they shall inform the local authority.
(4) In this section “school teacher” has the same meaning as in section 122.
(5) In subsection (1) “maintained school” means—
(a) a community school,
(b) a foundation school,
(c) a voluntary school,
(d) a community special school,
(e) a foundation special school, ...
(f) a maintained nursery school , or
(g) a pupil referral unit.
(6) In subsection (1)(a) “the relevant school organisation provisions” means—
(a) in relation to England, section 28, 28A or 31 of the School Standards and Framework Act 1998, section 66 of the Education Act 2005 or section 7 or 10 of the Education and Inspections Act 2006, and
(b) in relation to Wales, section 28 or 31 of the School Standards and Framework Act 1998 or Part 3 of the School Standards and Organisation (Wales) Act 2013.