EDUCATION, ENGLAND AND WALES Citation, commencement and application 1 1 This Order may be cited as the Education (School Teachers' Pay and Conditions) Order 2004 and shall come into force on 1st April 2004, except for— a article 2(dd) and Part 1 of the Schedule, which shall come into force on 1st April 2005; and b article 2(ee) and Part 2 of the Schedule, which shall come into force on 1st September 2005. 2 This Order applies to school teachers within the meaning of section 122 of the Education Act 2002 in England and Wales. School Teachers' Pay and Conditions 2 The provisions set out in section 2 of the document published by The Stationery Office Limited and entitled “School Teachers' Pay and Conditions Document 2003 and Guidance on School Teachers' Pay and Conditions” shall have effect with the following amendments— a for paragraph 1.7 substitute— 1.7 Where a table containing a pay scale, pay spine or salary range contains four columns of annual salaries or salary ranges, the column headed “England and Wales (excluding the London Area)” applies to teachers serving in England and Wales except those serving in the London Area, the column headed “Inner London Area” applies to teachers serving in the Inner London Area, the column headed “Outer London Area” applies to teachers serving in the Outer London Area and the column headed “Fringe Area” applies to teachers serving in the Fringe Area. ; b in paragraph 2.1 after “Subject to” insert “paragraph 41A (determination of applicable pay scale),”; c in paragraph 3.3(b) and (c) — i omit “, 24”; and ii after “25” insert “or payments or other financial benefits awarded under paragraph 48”; d in paragraph 3.4 for “45,46,47 and 48” substitute “45,46 and 47”; e for the table in paragraph 4.4 substitute— Spine point Annual Salary England and Wales (excluding the London Area) Annual Salary Inner London Area Annual Salary Outer London Area Annual Salary Fringe Area £ £ £ £ L1 32,202 38,292 34,506 33,093 L2 33,009 39,102 35,313 33,903 L3 33,834 39,927 36,138 34,725 L4 34,680 40,770 36,984 35,571 L5 35,544 41,637 37,848 36,435 L6 36,432 42,525 38,736 37,323 L7 37,419 43,512 39,723 38,310 L8 38,277 44,370 40,581 39,168 L9 39,234 45,327 41,538 40,125 L10 40,242 46,335 42,546 41,133 L11 41,286 47,376 43,587 42,177 L12 42,237 48,330 44,541 43,131 L13 43,296 49,389 45,600 44,187 L14 44,373 50,463 46,674 45,264 L15 45,477 51,567 47,778 46,368 L16 46,689 52,779 48,990 47,580 L17 47,763 53,856 50,067 48,657 L18 48,963 55,056 51,267 49,854 L19 50,175 56,265 52,479 51,066 L20 51,420 57,513 53,724 52,311 L21 52,692 58,785 54,996 53,586 L22 54,000 60,093 56,304 54,891 L23 55,338 61,428 57,642 56,229 L24 56,712 62,805 59,016 57,603 L25 58,119 64,209 60,420 59,010 L26 59,559 65,652 61,863 60,450 L27 61,032 67,125 63,336 61,923 L28 62,547 68,637 64,848 63,438 L29 64,098 70,191 66,402 64,989 L30 65,691 71,784 67,995 66,582 L31 67,317 73,410 69,621 68,211 L32 68,991 75,081 71,295 69,882 L33 70,704 76,794 73,008 71,595 L34 72,453 78,546 74,757 73,344 L35 74,256 80,346 76,557 75,147 L36 76,092 82,182 78,393 76,983 L37 77,985 84,078 80,289 78,876 L38 79,914 86,004 82,215 80,805 L39 81,861 87,951 84,162 82,752 L40 83,907 90,000 86,211 84,798 L41 86,001 92,094 88,305 86,892 L42 88,155 94,245 90,456 89,046 L43 90,360 96,450 92,661 91,251 f for the table in paragraph 6.3 substitute— Group Range of spine points Salary Range England and Wales (excluding the London Area) Salary Range Inner London Area Salary Range Outer London Area Salary Range Fringe Area £ £ £ £ 1 L6-L18 36,432 – 48,963 42,525 – 55,056 38,736 – 51,267 37,323 – 49,854 2 L8-L21 38,277 – 52,692 44,370 – 58,785 40,581 – 54,996 39,168 – 53,586 3 L11-L24 41,286 – 56,712 47,376 – 62,805 43,587 – 59,016 42,177 – 57,603 4 L14-L27 44,373 – 61,032 50,463 – 67,125 46,674 – 63,336 45,264 – 61,923 5 L18-L31 48,963 – 67,317 55,056 – 73,410 51,267 – 69,621 49,854 – 68,211 6 L21-L35 52,692 – 74,256 58,785 – 80,346 54,996 – 76,557 53,586 – 75,147 7 L24-L39 56,712 – 81,861 62,805 – 87,951 59,016 – 84,162 57,603 – 82,752 8 L28-L43 62,547 – 90,360 68,637 – 96,450 64,848 – 92,661 63,438 – 91,251 g omit paragraph 10.3.3; h in paragraph 10.3.4 for “paragraphs 10.3.2 and 10.3.3” substitute “paragraph 10.3.2”; i for the table in paragraph 15.3 substitute— Scale point Annual Salary England and Wales (excluding the London Area) Annual Salary Inner London Area Annual Salary Outer London Area Annual Salary Fringe Area £ £ £ £ M1 18,558 22,059 20,862 19,449 M2 20,025 23,550 22,329 20,916 M3 21,636 25,188 23,940 22,527 M4 23,301 26,883 25,605 24,195 M5 25,137 28,743 27,441 26,031 M6 27,123 30,750 29,424 28,014 j for the table in paragraph 17.2 substitute— Scale point Annual Salary England and Wales (excluding the London Area) Annual Salary Inner London Area Annual Salary Outer London Area Annual Salary Fringe Area £ £ £ £ U1 29,385 34,851 31,689 30,276 U2 30,474 36,564 32,775 31,365 U3 31,602 37,692 33,906 32,493 U4 32,766 38,859 35,070 33,660 U5 33,978 40,071 36,282 34,872 k in paragraph 17.4 for “3.1(a)” substitute “3.1(aa)”; l in paragraph 23.2 after “may be awarded” insert “for a fixed period not exceeding one year”; m for paragraph 23.3 substitute— 23.3 Any classroom teacher who was awarded a management allowance prior to 31st March 2004 shall be paid the allowance for the period determined when the award was made, whether for a fixed period of time or while the classroom teacher remains in the same post. ; n omit paragraph 24; o in paragraph 25.1 for— i “£1,674” substitute “£1,716”; and ii “£3,312” substitute “£3,396”; p in paragraph 27.2(a) after “any such document” insert “and, at the relevant body’s discretion, 1 or more points for years of experience other than employment as a teacher gained since he was last so placed which the relevant body consider of value to the classroom teacher’s duties”; q omit paragraph 27.5(c); r for the table in paragraph 28.1 substitute— Spine point Annual Salary England and Wales (excluding the London Area) Annual Salary Inner London Area Annual Salary Outer London Area Annual Salary Fringe Area £ £ £ £ 1 30,501 36,594 32,805 31,392 2 31,044 37,137 33,348 31,938 3 31,593 37,683 33,897 32,484 4 32,130 38,223 34,434 33,021 5 32,676 38,766 34,977 33,567 6 33,225 39,318 35,529 34,116 7 33,774 39,864 36,075 34,665 8 34,317 40,410 36,621 35,208 9 34,857 40,950 37,161 35,751 10 35,400 41,490 37,704 36,291 11 35,946 42,039 38,250 36,840 12 36,675 42,768 38,979 37,566 13 37,401 43,494 39,705 38,292 14 38,124 44,214 40,428 39,015 15 38,850 44,940 41,154 39,741 16 39,579 45,669 41,883 40,470 17 40,305 46,395 42,606 41,196 18 41,034 47,124 43,335 41,925 19 41,760 47,850 44,061 42,651 20 42,483 48,576 44,787 43,377 21 43,209 49,302 45,513 44,103 22 44,115 50,205 46,416 45,006 23 45,027 51,120 47,331 45,918 24 45,930 52,023 48,234 46,824 25 46,842 52,932 49,146 47,733 26 47,745 53,838 50,049 48,636 27 48,657 54,747 50,958 49,548 s for the table in paragraph 36.1 substitute— Spine point Annual Salary England and Wales (excluding the London Area) Annual Salary Inner London Area Annual Salary Outer London Area Annual Salary Fringe Area £ £ £ £ 1 13,599 17,100 15,900 14,490 2 14,208 17,709 16,509 15,099 3 14,799 18,303 17,103 15,693 4 15,414 18,918 17,718 16,308 5 16,035 19,539 18,339 16,929 6 16,632 20,136 18,936 17,523 7 17,244 20,748 19,548 18,135 8 18,672 22,173 20,976 19,563 9 20,289 23,790 22,593 21,180 10 21,504 25,005 23,808 22,395 t omit paragraphs 40.1 to 40.4; u in paragraph 40.5(d)— i omit “, 24”; ii after “25” insert “, or payments made under paragraph 48,”; and iii for “paragraphs 16.1” substitute “paragraph 16.1”; v in Part VII, before paragraph 42 insert— Determination of applicable pay scale 41A.1 A teacher who normally works in the London Area but who is temporarily employed elsewhere shall continue to be paid in accordance with the pay scale applicable to his normal area of employment. 41A.2 A teacher who on 31st March 2004 was being paid in accordance with the Inner London pay scale or who was receiving a London Area allowance shall continue to be paid in accordance with the applicable London Area pay scale notwithstanding that he would not otherwise be entitled to it under the provisions of this Document, for so long as he remains in the post that he held on that date. 41A.3.1 A teacher who moves out of the Inner London Area may continue to be paid in accordance with the Inner London pay scale at the rate being paid before he moved for so long as he continues to be employed as a teacher in a post in which his salary is paid by the same authority. 41A.3.2 A teacher who moves out of the Outer London Area, to anywhere but the Inner London Area, may continue to be paid on the Outer London Area scale at the rate being paid before he moved for so long as he continues to be employed as a teacher in a post in which his salary is paid by the same authority. 41A.3.3 A teacher who moves out of the Fringe Area, to anywhere but the Inner London Area or the Outer London Area, may continue to be paid on the Fringe Area scale at the rate being paid before he moved for so long as he continues to be employed as a teacher in a post in which his salary is paid by the same authority. ; w omit paragraph 43.3(b); x in paragraph 43.4(b) for “to 25, except for an allowance payable pursuant to an award under paragraph 24.4.1” substitute “and 25”; y omit paragraph 43.5(c); z renumber paragraph 48 as 48.1 and in that paragraph insert “Subject to paragraph 48.2,” before “the relevant body”; aa after paragraph 48.1 insert— 48.2.1 An incentive for the recruitment of a new teacher that consists of periodic payments or the provision of other benefits over a period of time may only be awarded for a fixed period not exceeding 3 years and must not be renewed. 48.2.2 An incentive for the retention of an existing teacher that consists of periodic payments or the provision of other benefits over a period of time may only be awarded for a fixed period not exceeding three years and may, in exceptional circumstances, be renewed. 48.3 An award of an allowance made on or before 31st March 2004 for a fixed period shall continue to have effect save that, where that period ends on or after 1st April 2007, it shall cease to have effect on 31st March 2007. 48.4 An award of an allowance made on or before 31st March 2004 that consists of periodic payments or the provision of other benefits over a period of time otherwise than for a fixed period shall cease to have effect on 1st April 2004. 48.5 In this paragraph “allowance” means a recruitment and retention allowance, or other assistance, support or benefit awarded by the relevant body as an incentive for the recruitment of new teachers or the retention in their service of existing teachers. ; bb for paragraph 49.1 substitute— 49.1 The relevant body shall pay the sum of £33 to a teacher who is required to be registered with the General Teaching Council for England or with the General Teaching Council for Wales, in respect of the registration fee payable in the year 1st April 2004 to 31st March 2005. cc in paragraph 2 of Annex 3 omit “is not entitled to be paid at point M6 on the main pay scale,”; dd after Part 1 of Annex 6 insert Part 1A, set out in Part 1 of the Schedule; and ee in Part 2 of Annex 6 before paragraph 4 insert the paragraphs set out in Part 2 of the Schedule. David Miliband Minister of State Department for Education and Skills 10th March 2004