Article 3 Amendment of School Teachers' Pay and Conditions Document 1989
It is hereby directed that the provisions relating to remuneration set out in the Document published by Her Majesty’s Stationery Office and entitled “School Teachers' Pay and Conditions Document 1989”f1 shall be amended in accordance with the following provisions of this article.
In paragraph 1(1)–
before the definition of “ordinary school” there shall be added–
““licensed teacher” means a teacher who has been granted a licence under the provisions of Schedule 4 to the Education (Teachers) Regulations 1989f2;”;
in the definition of “qualified teacher”, for “1982” there shall be substituted “1989”; and
in the definition of “unqualified teacher” for “Schedule 4 to the Education (Teachers) Regulations 1982” there shall be substituted “Schedule 3 to the Education (Teachers) Regulations 1989”.
Paragraph 8(2) shall be deleted and the following substituted–
“(2)Unqualified teachers whose employment is authorised under Schedule 3 to the Education (Teachers) Regulations 1989 shall be paid salary U1, U2, U3 or U4 or be placed on scale U5 in accordance with the following table–
Employment Authorised Under Salary or Scale Payable Paragraph 2(1)(a) of Schedule 3 to the Education (Teachers) Regulations 1989 U1 Paragraph 2(1)(b) of that Schedule U2 Paragraph 1 of that Schedule U3 Paragraph 4 of that Schedule U4 Paragraph 3 of that Schedule U5 ”
In paragraphs 9(1)(b), 16(1) and 21(1)(d)(v) for “Regulation 15 or 16 of the Education (Teachers) Regulations 1982” there shall be substituted “Regulation 15, 16 or 17 of the Education (Teachers) Regulations 1989”.
In paragraph 13 for “paragraph 3 of Schedule 4 to the Education (Teachers) Regulations 1982” there shall be substituted “paragraph 4 of Schedule 3 to the Education (Teachers) Regulations 1989”.
In paragraph 14–
for the words “Where an unqualified teacher” there shall be substituted the words–
“(1)The relevant body may determine that a licensed teacher shall
(a)be paid and be eligible for allowances as a qualified teacher; or
(b)be paid any salary which an unqualified teacher could be paid, or be placed on scale U5, and be eligible for allowances as an unqualified teacher,
as they consider appropriate.
(2)Where the Secretary of State is considering the case of an unqualified teacher under paragraph 2(3) of Schedule 5 to the Education (Teachers) Regulations 1989 (which provides that the Education (Teachers) Regulations 1982f3 shall continue to have effect, but with the addition of a reference to the governing body of a grant-maintained school, with respect to that person until the Secretary of State has completed his consideration of the case) and the unqualified teacher–”;
in sub-paragraph (a), after the words, “the authority” there shall be inserted the words “or governing body of a grant-maintained school”.
There shall be substituted for paragraph 15 the following paragraph–
“15(1)A teacher who is awarded the status of a qualified teacher retrospectively under Schedule 5 to the Education (Teachers) Regulations 1989 shall be paid a lump sum of the amount specified in sub-paragraph (2) by any authority or governing body of a grant-maintained school by whom his remuneration has been paid since the date from which his qualified teacher status runs.
(2)That lump sum shall be equivalent to the difference (if any) between the remuneration he received and the remuneration he would have received from them as a qualified teacher.”