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

The School Teachers' Pay and Conditions (No. 2) Order 2006^f1 is amended in accordance with the following paragraphs.

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)”.

After article 5(6) insert the following—

“(7)

For Annex 6, substitute the Annex in the Schedule to this Order.”.

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

1

In Contents—

(a)

in the entry for paragraph 21, for “Performance threshold” substitute “Post-threshold”;

(b)

in the entry for ANNEX 1, for “Performance threshold standards” substitute “Professional standards for post-threshold teachers, excellent teachers and advanced skills teachers”;

(c)

the entry for ANNEX 2 is deleted.

2

In paragraph 1.2—

(a)

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

“(a)

in which the post-holder is required—

(i)

to be a qualified teacher who, prior to 1st September 2007, has been certified by an assessor as meeting the standards for advanced skills teachers applicable at the relevant time; or

(ii)

to be a qualified teacher who has, on or after 1st September 2007, satisfied the person to whom the task has been delegated that he meets the core standards, been assessed by an assessor as meeting the post-threshold teacher standards and been certified by that assessor as meeting the excellent teacher and the advanced skills teacher standards; or

(iii)

to be a post-threshold teacher who has, on or after 1st September 2007, satisfied the person to whom the task has been delegated that he meets the core standards and the post-threshold teacher standards and been certified by an assessor as meeting the excellent teacher standards and the advanced skills teacher standards; or

(iv)

to be an excellent teacher who has, on or after 1st September 2007, satisfied the person to whom the task has been delegated that he meets the core standards, the post-threshold teacher standards and the excellent teacher standards and been certified by an assessor as meeting the advanced skills teacher standards; and

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’;”;

(c)

after the definition of “classroom teacher” insert—

• ““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—

“(a)

in which the post-holder is required—

(i)

to be a post-threshold teacher who, prior to 1st September 2005, has been assessed as meeting the standards for advanced skills teachers applicable at the relevant time; or

(ii)

to be a post-threshold teacher who, on or after 1st September 2005 and prior to 1st September 2007, has been certified by an assessor as meeting the standards in Annex 2 of the 2005 Document or of the 2006 Document; or

(iii)

to be a post-threshold teacher who, on or after 1st September 2007, has satisfied the person to whom the task has been delegated that he meets the core standards and the post-threshold teacher standards and been certified by an assessor as meeting the excellent teacher standards or the advanced skills teacher standards; and

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—

“(a)

(i)

prior to 1st September 2007, has been assessed as having met the performance threshold standards throughout the relevant period in accordance with an earlier Document; or

(ii)

on or after 1st September 2007, has satisfied the person to whom the task has been delegated that he meets the core standards and has been assessed by that person as having met the post-threshold teacher standards throughout the relevant period;”;

(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—

“—

(i)

prior to 1st September 2005, been assessed as meeting the standards for advanced skills teachers applicable at the relevant time; or

(ii)

on or after 1st September 2005 and prior to 1st September 2007, been certified by an assessor as meeting the standards set out in Annex 2 of the 2005 Document or of the 2006 Document; or

(iii)

on or after 1st September 2007, satisfied the person to whom the task has been delegated that he meets the core standards and the post-threshold standards and been certified by an assessor as meeting the excellent teacher standards or the advanced skills teacher standards.”.

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— (a) such documents, other information and assistance as may reasonably be requested by the teacher; and (b) such assistance as may reasonably be requested by the assessor;

”.

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—

  1. (a)

     physical and mental health and emotional well-being;

  2. (b)

     protection from harm and neglect;

  3. (c)

     education, training and recreation;

  4. (d)

     contribution to society; and

  5. (e)

     social and economic well-being;

• “workplace” means any educational establishment or other place where teaching and learning take place.”

21

ANNEX 2 is deleted.”.