Paragraph 1 The School Support Staff Negotiating BodyI1

In the Education Act 2002, after Part 8 insert—

“Part 8A

School support staff in England

The School Support Staff Negotiating Body

The School Support Staff Negotiating Body

148A

(1)

There is to be an unincorporated body of persons known as the School Support Staff Negotiating Body (“the SSSNB”).

(2)

The SSSNB has the functions conferred on it by this Part.

(3)

Schedule 12A makes further provision about the SSSNB.

Matters within the SSSNB’s remit

148B

(1)

For the purposes of this Part, the matters within the SSSNB’s remit are matters relating to the following—

(a)

the remuneration of school support staff;

(b)

terms and conditions of employment of school support staff;

(c)

the training of school support staff;

(d)

career progression for school support staff.

(2)

The Secretary of State may by regulations provide that, for the purposes of subsection (1)—

(a)

a payment or entitlement of a prescribed kind is, or is not, to be treated as remuneration;

(b)

a prescribed matter is, or is not, to be treated as relating to terms and conditions of employment of school support staff;

(c)

a prescribed matter is, or is not, to be treated as relating to the training of school support staff;

(d)

a prescribed matter is, or is not, to be treated as relating to career progression for school support staff.

Meaning of “school support staff”

148C

(1)

This section has effect for the purposes of this Part.

(2)

“School support staff” means persons who meet the conditions in subsections (3) and (4).

(3)

The condition in this subsection is that the person—

(a)

is employed by a local authority in England, or the governing body of a school maintained by a local authority in England, under a contract of employment providing for the person to work wholly at one or more schools maintained by a local authority in England, or

(b)

is employed by the proprietor of an Academy under a contract of employment which—

(i)

provides for the person to work wholly at one or more Academies, or

(ii)

provides for the person to carry out work of a prescribed description for the purposes of one or more Academies.

(4)

The condition in this subsection is that the person is not—

(a)

a school teacher, or

(b)

a person of a prescribed description.

(5)

In this section “school teacher” means—

(a)

a person who is a school teacher for the purposes of section 122, or

(b)

a qualified teacher who is employed by the proprietor of an Academy to work as a teacher.

Consideration of matters by the SSSNB

Referral of matter to the SSSNB for consideration: general

148D

(1)

The Secretary of State may refer a matter within the SSSNB’s remit to the SSSNB for consideration by it.

(2)

For provision about referrals of matters relating to—

(a)

the remuneration of school support staff, or

(b)

terms and conditions of employment of school support staff,

see section 148E (and sections 148H to 148J).

(3)

For provision about referrals of matters relating to the training or career progression of school support staff, see section 148F.

Referral of matters relating to remuneration or conditions of employment

148E

(1)

This section applies if the Secretary of State refers a matter to the SSSNB under section 148D that relates to—

(a)

the remuneration of school support staff, or

(b)

terms and conditions of employment of school support staff.

(2)

The Secretary of State may specify—

(a)

factors to which the SSSNB must have regard in considering the matter;

(b)

a date by which the SSSNB must comply with subsection (4).

(3)

The SSSNB must consider the matter, having regard to any factors specified under subsection (2)(a).

(4)

When it has considered the matter, the SSSNB must—

(a)

if it has reached an agreement about the matter, submit the agreement to the Secretary of State;

(b)

if it has been unable to reach an agreement about the matter, notify the Secretary of State of that fact.

(5)

If the Secretary of State specifies a date under subsection (2)(b), the SSSNB must comply with subsection (4) no later than that date.

(6)

The Secretary of State may, at any time before the SSSNB has complied with subsection (4) in relation to a matter—

(a)

withdraw or vary the reference of the matter;

(b)

if factors have been specified under paragraph (a) of subsection (2), withdraw or vary those factors, or specify further factors under that paragraph;

(c)

if a date has been specified under paragraph (b) of subsection (2), specify a later date under that paragraph.

Referral of matters relating to training or career progression

148F

(1)

This section applies if the Secretary of State refers a matter to the SSSNB under section 148D that relates to the training or career progression of school support staff.

(2)

The Secretary of State may specify—

(a)

factors to which the SSSNB must have regard in considering the matter;

(b)

a date by which the SSSNB must comply with subsection (4).

(3)

The SSSNB must consider the matter, having regard to any factors specified under subsection (2)(a).

(4)

When it has considered the matter, the SSSNB must submit a report about the matter (including any recommendations it makes about the matter) to the Secretary of State.

(5)

If the Secretary of State specifies a date under subsection (2)(b), the SSSNB must comply with subsection (4) no later than that date.

(6)

The Secretary of State may, at any time before the SSSNB has complied with subsection (4) in relation to a matter—

(a)

withdraw or vary the reference of the matter;

(b)

if factors have been specified under paragraph (a) of subsection (2), withdraw or vary those factors, or specify further factors under that paragraph;

(c)

if a date has been specified under paragraph (b) of subsection (2), specify a later date under that paragraph.

Consideration of matters by the SSSNB without a referral

148G

(1)

The SSSNB may, with the agreement of the Secretary of State, consider a matter within its remit, even if the matter has not been referred to it by the Secretary of State under section 148D.

(2)

If—

(a)

the matter relates to the remuneration of school support staff, or terms and conditions of employment of school support staff, and

(b)

the SSSNB reaches an agreement about the matter,

it may submit the agreement to the Secretary of State.

(3)

If the matter relates to training or career progression of school support staff, the SSSNB may submit a report about the matter (including any recommendations it makes about the matter) to the Secretary of State.

Powers of Secretary of State on submission of SSSNB agreement

Agreement submitted by the SSSNB under section 148E or 148G

148H

(1)

This section applies if the SSSNB submits an agreement to the Secretary of State under section 148E(4)(a) or 148G(2).

(2)

The Secretary of State may—

(a)

make regulations ratifying the agreement (see section 148M), or

(b)

if the Secretary of State thinks that it would be inappropriate to make regulations ratifying the agreement, refer the agreement back to the SSSNB for reconsideration (see section 148I).

(3)

Regulations under subsection (2)(a) may ratify the agreement—

(a)

in full, or

(b)

to the extent prescribed in the regulations.

Reconsideration by the SSSNB

Reconsideration of agreement by the SSSNB

148I

(1)

This section applies if, under section 148H(2)(b) or section 148J(2)(b), the Secretary of State refers an agreement back to the SSSNB for reconsideration.

(2)

The Secretary of State may specify—

(a)

factors to which the SSSNB must have regard in the reconsideration;

(b)

a date by which the SSSNB must comply with subsection (4).

(3)

The SSSNB must reconsider the agreement, having regard to any factors specified under subsection (2)(a).

(4)

After completing its reconsideration, the SSSNB must—

(a)

if it has agreed revisions to the agreement, submit to the Secretary of State a new version of the agreement incorporating the revisions;

(b)

if it has not agreed revisions to the agreement, submit the existing version of the agreement to the Secretary of State.

(5)

If the Secretary of State specifies a date under subsection (2)(b), the SSSNB must comply with subsection (4) no later than that date.

(6)

The Secretary of State may, at any time before the SSSNB has complied with subsection (4) in relation to an agreement referred back to it for reconsideration—

(a)

withdraw the reference of the agreement;

(b)

if factors have been specified under paragraph (a) of subsection (2), withdraw or vary those factors, or specify further factors under that paragraph;

(c)

if a date has been specified under paragraph (b) of subsection (2), specify a later date under that paragraph.

Powers of Secretary of State following reconsideration under section 148I

148J

(1)

This section applies if the SSSNB submits an agreement about a matter to the Secretary of State under section 148I.

(2)

The Secretary of State may—

(a)

make regulations ratifying the agreement—

(i)

in full, or

(ii)

to the extent prescribed in the regulations;

(b)

refer the agreement back to the SSSNB for reconsideration (see section 148I);

(c)

make regulations requiring prescribed persons to have regard to the agreement in exercising prescribed functions;

(d)

by regulations make provision, in relation to a matter to which the agreement relates, otherwise than in the terms of the agreement (see section 148N).

This is subject to subsections (3) and (4).

(3)

The Secretary of State may refer an agreement about a matter back to the SSSNB for reconsideration only if it appears to the Secretary of State that the condition in subsection (5) is met.

(4)

The Secretary of State may make regulations under subsection (2)(d) in relation to a matter only if it appears to the Secretary of State that—

(a)

the condition in subsection (5) is met, and

(b)

there is an urgent need to make provision in relation to the matter.

(5)

The condition is that one or more of the following applies—

(a)

the agreement does not properly address the matter;

(b)

it is not practicable to implement the agreement;

(c)

the SSSNB failed in reconsidering the agreement to have regard to factors specified under section 148I(2)(a).

Additional powers of Secretary of State

Powers of Secretary of State in absence of SSSNB agreement

148K

(1)

Subsection (2) applies if—

(a)

the SSSNB notifies the Secretary of State under section 148E(4)(b) that it has been unable to reach an agreement on a matter referred to it, or

(b)

the SSSNB fails to comply with section 148E(4) in relation to a matter by any date specified under section 148E(2)(b).

(2)

The Secretary of State may—

(a)

if a date has been specified under paragraph (b) of section 148E(2) in relation to the matter, specify a later date under that paragraph, or

(b)

if it appears to the Secretary of State that there is an urgent need to do so, by regulations make provision in relation to the matter (see section 148N).

(3)

Subsection (4) applies if the SSSNB fails to comply with section 148I(4) in relation to an agreement by any date specified under section 148I(2)(b).

(4)

The Secretary of State may—

(a)

if a date has been specified under paragraph (b) of section 148I(2) in relation to the SSSNB’s reconsideration of the agreement, specify a later date under that paragraph, or

(b)

if it appears to the Secretary of State that there is an urgent need to do so, by regulations make provision in relation to a matter to which the agreement relates (see section 148N).

(5)

Before making any regulations under subsection (2)(b) or (4)(b), the Secretary of State must consult the SSSNB.

Powers of Secretary of State where SSSNB fails to submit report

148L

(1)

This section applies if the SSSNB fails to comply with section 148F(4) in relation to a matter by any date specified under section 148F(2)(b).

(2)

The Secretary of State may—

(a)

specify a later date under section 148F(2)(b), or

(b)

if it appears to the Secretary of State appropriate to do so, issue guidance under section 148P in relation to the matter without waiting for the SSSNB to submit a report about it.

Regulations

Effect of regulations ratifying agreement

148M

(1)

This section applies if the Secretary of State makes regulations ratifying (to any extent) an agreement submitted by the SSSNB.

(2)

If the agreement relates to a person’s remuneration, the person’s remuneration is to be determined and paid in accordance with the agreement.

(3)

A provision of the agreement that relates to any other term or condition of a person’s employment has effect as a term of the person’s contract of employment.

(4)

A term of the person’s contract of employment has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the agreement.

(5)

Where the person is employed by the proprietor of an Academy, any provision of the Academy arrangements relating to the Academy has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the agreement.

(6)

Subsections (2) to (5)—

(a)

do not apply in relation to a term or condition of a person’s employment if, and to the extent that, giving effect to the agreement would alter the term or condition to the person’s detriment;

(b)

do not prevent the terms and conditions of a person’s employment from including a term or condition that is more favourable to the person than that which would otherwise have effect by virtue of those subsections.

Effect of regulations making provision otherwise than in terms of agreement

148N

(1)

This section applies if the Secretary of State makes regulations under section 148J(2)(d) or 148K(2)(b) or (4)(b).

(2)

The regulations must either—

(a)

require prescribed persons, in exercising prescribed functions, to have regard to the regulations, or

(b)

provide that the regulations are to have effect for determining the terms and conditions of employment of persons to whom the regulations apply.

(3)

If the regulations make provision within subsection (2)(b), subsections (4) to (7) apply (but see subsection (8)).

(4)

If the regulations relate to a person’s remuneration, the person’s remuneration is to be determined and paid in accordance with the regulations.

(5)

A provision of the regulations that relates to any other term or condition of a person’s employment has effect as a term of the person’s contract of employment.

(6)

A term of the person’s contract of employment has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the regulations.

(7)

Where the person is employed by the proprietor of an Academy, any provision of the Academy arrangements relating to the Academy has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the regulations.

(8)

Subsections (4) to (7)—

(a)

do not apply in relation to a term or condition of a person’s employment if, and to the extent that, giving effect to the regulations would alter the term or condition to the person’s detriment;

(b)

do not prevent the terms and conditions of a person’s employment from including a term or condition that is more favourable to the person than that which would otherwise have effect by virtue of those subsections.

Regulations: supplementary

148O

(1)

Regulations under this Part may make provision that has retrospective effect.

(2)

Regulations under this Part may make provision by reference to—

(a)

an agreement submitted to the Secretary of State by the SSSNB, or

(b)

any other document.

(3)

If regulations under this Part make provision by virtue of subsection (2), they must include provision about the publication of the agreement or other document.

(4)

A reference in section 148N(4) to (8) to regulations under section 148J(2)(d) or 148K(2)(b) or (4)(b), or to a provision of such regulations, includes a reference to a provision of a document referred to by such regulations.

Guidance

Guidance

148P

(1)

The SSSNB may, with the approval of the Secretary of State, issue guidance relating to—

(a)

an agreement that has been ratified by regulations under this Part;

(b)

an agreement to which regulations under section 148J(2)(c) require persons to have regard.

(2)

The Secretary of State may issue guidance relating to—

(a)

an agreement that has been ratified by regulations under this Part;

(b)

an agreement to which regulations under section 148J(2)(c) require persons to have regard;

(c)

regulations made under section 148J(2)(d) or 148K(2)(b) or (4)(b);

(d)

any matter relating to training or career progression of school support staff (but see subsection (3)).

(3)

The Secretary of State may issue guidance under subsection (2)(d) about a matter only if—

(a)

the SSSNB has submitted a report about the matter to the Secretary of State under section 148F(4) or 148G(3), and

(b)

the Secretary of State has had regard to the report and any recommendations it makes.

This is subject to section 148L (power to issue guidance where the SSSNB fails to submit a report by the specified date).

(4)

In exercising functions in respect of school support staff, each of the following is to have regard to guidance issued under this section—

(a)

a local authority in England;

(b)

the governing body of a school maintained by a local authority in England;

(c)

the proprietor of an Academy.

Supplementary and general

Agreements of SSSNB not to be collective agreements, etc

148Q

(1)

Nothing done by the SSSNB, or by members of the SSSNB acting in that capacity, is to be regarded as collective bargaining for the purposes of section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992.

(2)

Accordingly, any reference to a collective agreement within the meaning of that Act does not include an agreement which the SSSNB reaches under this Part.

Interpretation of this Part

148R

(1)

In this Part—

• “Academy” and “Academy arrangements” have the same meaning as in the Academies Act 2010 (but see subsection (2));

• “contract of employment” has the meaning given by section 230(2) of the Employment Rights Act 1996;

• “school maintained by a local authority” means any of the following—

  1. (a)

     a community, foundation or voluntary school;

  2. (b)

     a community or foundation special school;

  3. (c)

     a maintained nursery school;

  4. (d)

     a pupil referral unit;

• “school support staff” has the meaning given by section 148C;

• “the SSSNB” means the School Support Staff Negotiating Body.

(2)

In this Part—

(a)

a reference to an Academy includes a reference to a city technology college and a city college for the technology of the arts, and

(b)

a reference to Academy arrangements includes a reference to an agreement under section 482 of the Education Act 1996.

(3)

Any reference in this Part to an agreement that has been ratified is, in a case where the agreement is ratified in part, a reference to so much of the agreement as has been ratified.”