The School Teachers' Remuneration, Professional Duties and Working Time Order 1992

Made: 2nd December 1992

Coming into force: 3rd December 1992

In exercise of the powers conferred by section 5(3) of the School Teachers' Pay and Conditions Act 1991[^f00001], the Secretary of State for Education hereby makes the following Order:

1

This Order may be cited as the School Teachers' Remuneration, Professional Duties and Working Time Order 1992 and shall come into force on 3rd December 1992.

2

• (1) For the purposes of the School Teachers' Pay and Conditions Act 1991—

• (a) the following payments or other benefits are not to be regarded as remuneration—

• (i) pay, including sick pay and maternity pay, in respect of any period when a school teacher is absent from her duties;

• (ii) any sum received as compensation for loss, injury, disablement or death arising during or out of the undertaking by a school teacher in his capacity as such of any activity, whether or not that activity is a professional duty or undertaken in working time;

• (iii) any premium paid on an insurance policy taken out to cover risks arising during or out of the undertaking by a school teacher in his capacity as such of any activity, whether or not that activity is a professional duty or undertaken in working time;

• (b) the following matters are not to be regarded as falling within the professional duties or working time of school teachers—

• (i) sick leave;

• (ii) maternity leave;

• (iii) other authorised absence of a teacher from his duties;

• (iv) the date when a teacher’s appointment or retirement takes effect;

• (v) notice given by either party of termination of a teacher’s contract of employment or the date when such termination takes effect;

• (vi) procedures relating to the suspension or dismissal of a teacher;

• (vii) disciplinary and grievance procedures;

• (viii) procedures for establishing whether or not a teacher is fit to teach;

• (ix) the prohibition of acts which would constitute unlawful discrimination, whether on the part of the teacher or of any other person, under the provisions of the Race Relations Act 1976 or the Sex Discrimination Act 1975;

• (x) the requirement to give denominational religious instruction;

• (xi) the total hours and times of work of teachers employed to teach part-time.

• (2) For the purposes of this article, “part-time” means for less than the working time of a full-time teacher as set out or referred to in a pay and conditions order.

Signed

John Patten — Secretary of State for Education — 2nd December 1992

Explanatory note

(This note is not part of the Order)

For the purposes of the School Teachers' Pay and Conditions Act 1991 the “statutory conditions of employment” of school teachers mean their remuneration and their other conditions of employment relating to their professional duties and working time. This Order provides that for the purposes of the 1991 Act the payments or other benefits specified in article 2(a) are not to be regarded as remuneration and the matters specified in article 2(b) are not to be regarded as falling within the professional duties or working time of school teachers.

Footnotes

[^f00001]: 1991 c. 49.