EDUCATION, ENGLAND AND WALES Citation and commencement 1 This Order may be cited as the Education (School Teachers' Pay and Conditions) (No. 2) (Amendment) Order 2007 and comes into force on 16th July 2007. Amendment of the School Teachers' Pay and Conditions (No. 2) Order 2006 2 1 The School Teachers' Pay and Conditions (No. 2) Order 2006 is amended in accordance with the following paragraphs. 2 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)”. 3 After article 5(6) insert the following— 7 For Annex 6, substitute the Annex in the Schedule to this Order. . 4 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— such documents, other information and assistance as may reasonably be requested by the teacher; and 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— physical and mental health and emotional well-being; protection from harm and neglect; education, training and recreation; contribution to society; and social and economic well-being; “workplace” means any educational establishment or other place where teaching and learning take place. 21 ANNEX 2 is deleted. . Jim Knight Minister of State Department for Education and Skills 12th June 2007