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Section 5 Interpretation, orders and application of provisions of Education Acts.F5I1

England and Wales

(1)

In this Act—

  • “contract of employment”, in relation to a school teacher, means the contract, whether a contract of service or for services, under which he performs his duties as teacher;

  • “pay and conditions order” has the meaning given by section 2(3) above;

  • “the review body” has the meaning given by section 1(1) above;

  • “school teacher” means, subject to subsection (2) below, a teacher employed by—

    1. (a)

      a local education authority, or

    2. (b)

      the governing body of a F1foundation, voluntary aided or foundation special school,

    in the provision of primary or secondary education;

  • F2. . .; and

  • “statutory conditions of employment” has (subject to subsection (3) below) the meaning given by section 1(2) above;

and F3where any other expression used in this Act is defined for the purposes of the M1Education Act 1996 or the School Standards and Framework Act 1998, it shall have the same meaning in this Act as in that Act..

(2)

A person employed as a teacher 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 Act.

(3)

For the purposes of this Act, the Secretary of State may by order made by statutory instrument provide that, with effect from the date on which the order comes into force or such later date as may be specified in or determined under the order,—

(a)

any payment or other benefit specified in the order is, or as the case may be is not, to be regarded as remuneration; or

(b)

any matter is, or as the case may be is not, to be regarded as falling within the professional duties or working time of school teachers.

(4)

An order under any provision of this Act may—

(a)

make different provision for different cases, including different provision for different areas; and

(b)

contain such incidental, supplemental or transitional provisions as the Secretary of State thinks fit.

(5)

In F4sections 496 and 497 of the Education Act 1996 (powers of Secretary of State in relation to functions of certain bodies under that Act), any reference to that Act includes a reference to this Act.

Annotations

Textual amendments

F1

Words in s. 5(1) substituted (1.6.1999 for certain purposes and otherwise 1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 28(2)(a) (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(2), Sch. 2; S.I. 1999/2323, art. 2(1), Sch.1

F2

S. 5: definition of "school which has a delegated budget" omitted (1.4.1999) by virtue of S.I. 1999/638, reg. 3

F3

Words in s. 5(1) substituted (1.6.1999 for certain purposes and otherwise 1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 28(2)(c) (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(2), Sch. 2; S.I. 1999/2323, art. 2(1), Sch.1

F4

Words in s. 5(5) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 101(4)(b) (with ss. 1(4), 561, 562, Sch. 39)

F5

S. 5 sidenote substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 28(3) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1

Marginal citations

M1

1996 c. 56.

Commencement

I1

S. 5 wholly in force at 22.8.1991 see s. 6(5) and S.I. 1991/1874, art. 2

Notes on the whole Act

Textual amendments

F1

Act repealed (1.10.2002 as regards s. 1 and Sch. otherwise prosp.) by Education Act 2002 (c. 32), { ss. 130}, 216(2), {Sch. 22 Pt. 1}; S.I. 2002/2439, art. 2