1 Part 8 of the Education Act 2002 (teachers’ pay and conditions etc) is amended as follows.

2 In section 120(2) (School Teachers’ Review Body function: meaning of school teacher), for the words from ‘the Secretary of State’s’ to the end substitute ‘section 122 or an Academy teacher for the purposes of section 122A.’

3 In section 121(2) (bodies to be consulted by School Teachers’ Review Body), after paragraph (b) insert—

‘(ba) bodies representing the interests of proprietors of Academies,’.

4 In the heading of section 122, after ‘conditions’ insert ‘of school teachers other than Academy teachers’.

5 After section 122 insert—

(1) The Secretary of State may by order make provision requiring the remuneration of an Academy teacher to be at least equal to the amount specified in, or determined in accordance with, the order.

(2) Subsection (3) applies where—

(a) an order under this section applies to an Academy teacher, and

(b) the contract of employment or for services between the Academy teacher and the relevant proprietor provides for the teacher to be paid remuneration that is less than the amount specified in, or determined in accordance with, the order.

(3) Where this subsection applies—

(a) the Academy teacher’s remuneration is to be determined and paid in accordance with any provision of the order that applies to the teacher;

(b) any provision of the contract mentioned in subsection (2)(b) or of the Academy arrangements entered into with the Secretary of State by the relevant proprietor has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the order.

(4) A person is an Academy teacher for the purposes of this section in any of the following cases.

(5) The first case is where—

(a) the person provides primary or secondary education under a contract of employment or for services,

(b) the other party to the contract is the proprietor of an Academy,

(c) the contract requires the person to carry out work of a kind which is specified by regulations under section 133(1), and

(d) the person—

(i) is not prevented by regulations under section 133(1) from carrying out that work, and

(ii) is not of a description specified in regulations made by the Secretary of State for the purposes of this paragraph.

(6) The second case is where the person—

(a)serves as the principal of an Academy, and

(b)is not appointed by the proprietor of the Academy as an executive leader of the proprietor.

(7) The third case is where the person would fall within section 122(5) but for the fact that the other party to the contract of employment or for services under which the person provides primary or secondary education is the proprietor of an Academy (and not a party mentioned in section 122(3)(c)).

(8) Regulations under subsection (5)(d) may, in particular, specify a description by reference to a person’s duties or to any provision for a person’s remuneration to be determined otherwise than under this section.

(9) Where the proprietor of an Academy is also the proprietor of a 16 to 19 Academy, a person (“P”) is not an Academy teacher for the purposes of this section to the extent that a contract of employment or for services between P and the proprietor requires P to provide secondary education at the 16 to 19 Academy.

(10) In the application of subsections (2) and (3)—

(a) it is immaterial whether someone other than the relevant proprietor provides or is responsible for providing all or part of a teacher’s remuneration;

(b) it is immaterial whether someone other than the relevant proprietor is treated wholly or partly as a teacher’s employer for some or all purposes by virtue of an enactment.

(11) In this section “the relevant proprietor”, in relation to an Academy teacher, means the proprietor mentioned in subsection (5)(b), (6)(b) or (7) (as the case may be).’

6 In section 122A (inserted by paragraph 5), after subsection (10) insert—

‘(10A) In determining the conditions of employment or service of an Academy teacher, the relevant proprietor must have regard to any provision of an order under section 122 that relates to conditions of employment or service (and must also have regard to guidance under section 127(1) that relates to such conditions).’

7 In section 123 (scope of section 122 orders)—

(a) in the heading, after ‘122’ insert ‘or 122A’;

(b) after subsection (1) insert—

‘(1A) Subsection (1) applies in relation to an order under section 122A as it does in relation to an order under section 122 but as if—

the reference in paragraph (a) to a local authority or a governing body were to a proprietor of an Academy, and

paragraphs (f) to (h) were omitted.’;

(c) in subsection (2)(b), after ‘local authorities’ insert ‘, teachers and proprietors of Academies’;

(d) in subsection (3), after ‘122’ insert ‘or 122A’;

(e) in subsection (4), after paragraph (c) insert—

‘(d) that a payment or entitlement of a specified kind is or is not to be treated as remuneration for the purpose of section 122A(1).’

8 In section 124 (supplementary provision), after ‘122’, in each place it occurs (including the heading), insert ‘or 122A’.

9 In section 125(1) (requirement to refer matter before making order), after ‘122’ insert ‘or 122A’.

10 In section 126 (bodies to be consulted by the Secretary of State)—

(a) after ‘122’ insert ‘, 122A’;

(b) after paragraph (b) insert—

‘(ba) bodies representing the interests of proprietors of Academies,’.

11 In section 127 (guidance issued by the Secretary of State)—

after subsection (2) insert—

‘(2A) The Secretary of State may issue guidance about the determination of whether, for the purposes of section 122A, a person’s remuneration is at least equal to the amount specified in, or determined in accordance with, an order under that section.

(2B) The proprietor of an Academy must have regard to guidance under subsection (2A).’;

(b) in subsection (3), after ‘(1)’ insert ‘or (2A)’;

(c) in subsection (4)—

(i) after ‘(1)’ insert ‘or (2A)’;

(ii) after paragraph (b) insert—

‘(ba) bodies representing the interests of proprietors of Academies,’.

12 After section 127 insert—

‘

In sections 121 to 127, a reference to an Academy—

(a) includes a reference to a city technology college and a city college for the technology of the arts, and

(b) does not include a reference to a 16 to 19 Academy.

(2) A reference in any of those sections to Academy arrangements includes a reference to an agreement under section 482 of the Education Act 1996 (city colleges).’

13 In section 210(6) (orders not subject to Parliamentary procedure), after ‘122’ insert ‘or 122A’.”—

This Schedule provides for an Academy teacher’s pay to be determined under their contract of employment unless the pay would be less than the minimum set under the Education Act 2002 (as amended by this Schedule). It also requires proprietors of Academies to have regard to conditions of employment set under that Act for teachers at maintained schools.

Brought up, read the First and Second time, and added to the Bill.

Bill, as amended, to be reported.

Committee rose.

CWSB205 Agenda Alliance

CWSB206 Town & Country Planning Association

CWSB207 Autism Alliance UK

CWSB208 Michelle Clement-Evans: Child Employment and Entertainment Manager, Nottinghamshire County Council, member of the National Network for Child Employment and Entertainment (NNCEE) with responsibility for Child Employment

CWSB209 NAHT (National Association of Head Teachers) (supplementary)

CWSB210 The Traveller Movement

CWSB211 Children’s Charities Coalition

CWSB212 Neil Gordon-Orr, Assistant Director for Education Access, Southwark Council Children’s Services

CWSB213 nurtureuk

CWSB214 Professor Mike Stein, Emeritus Professor, Department of Social Policy and Social Work, University of York

CWSB215 Friends, Families and Travellers

CWSB216 Dr Naomi Lott, University of Reading

CWSB217 Rachel Hiller, Professor in Child & Adolescent Mental Health, UCL; Lisa Holmes, Professor in Applied Social Sciences, University of Sussex, former Director of the Rees Centre, co-founder of the Children’s Social Care Data User Group; Katherine Shelton, Professor in Developmental Psychopathology, Head of the School of Psychology, Cardiff University; Robbie Duschinsky, Professor in Social Sciences, Head of the Applied Social Science Group, University of Cambridge; Pasco Fearon, Professor of Family Research, University of Cambridge and Director of the Centre for Family Research; Rick Hood, Professor in Social Work at Kingston University; David Trickey, consultant clinical psychologist, co-director of the UK Trauma Council; Matt Woolgar, consultant clinical psychologist, King’s College London and the South London & Maudsley NHS Foundation Trust; Dinithi Wijedasa, Associate Professor in Child and Family Welfare at University of Bristol

CWSB218 Operation Encompass

CWSB219 The Michael Roberts Charitable Trust

CWSB220 Professor Lily Kahn, Head of Department, Hebrew and Jewish Studies, UCL; Dr Sonya Yampolskaya, Honorary Research Fellow, Department of Hebrew and Jewish Studies, UCL

CWSB221 Nathalie Heaselden

CWSB222 Hampshire County Council

CWSB223 Andrew Böber MSc CMIOSH FRSPH FRGS, Head of Health & Safety / Designated Safeguarding Lead, The All England Lawn Tennis Club (Championships) Limited

CWSB224 Association of School and College Leaders (further submission)

CWSB225 Action for Children

CWSB226 Charlotte Decaille

CWSB227 Dr Fadoua Govaerts PhD – AFHEA

CWSB228 Naftoli Friedman

CWSB229 An individual who wishes to remain anonymous

CWSB230 Joel Norris

CWSB231 Chris Llewellyn

CWSB232 Alexander Gluck

CWSB233 Willow Martin

CWSB234 Mark Kelly

CWSB235 The Association for Education Welfare Management (AEWM)

CWSB236 Anna Whitehead

CWSB237 The Reading Agency

CWSB238 The Association of Directors of Children’s Services Ltd (ADCS)

CWSB239 Lindsay Kerton, Education Welfare Officer, Children and Young People’s Service, Wakefield Council

CWSB240 SafeLives

CWSB241 Into Film

CWSB242 Chelsea Peace

CWSB243 Apphia Kemp

CWSB244 Naomi Moksha

CWSB245 Shirley Watson

CWSB246 Sherpas (Startup Sherpas Education Limited)

CWSB247 Claire & Nathan Imhasly

CWSB248 British Association of Teachers of Deaf Children and Young People

CWSB249 Twinkl Ltd

CWSB250 Bliss

CWSB251 Laura Skeldon

CWSB252 Lara Stafford

CWSB253 Michael Charles Sinclairslaw

CWSB254 Play England

CWSB255 National Network of Designated Healthcare Professionals

CWSB256 Sarah Bingham

CWSB257 Challenging Behaviour Foundation

CWSB258 Worcestershire County Council

CWSB259 Chella Quint OBE, Founder, Period Positive

CWSB260 Children’s Commissioner’s Office

CWSB261 M King

CWSB262 ATD Fourth World

CWSB263 British Psychological Society (BPS)

CWSB264 Youth Futures

CWSB265 The Parent Support Group

CWSB266 Wellchild

CWSB267 Support Not Separation and Disabled Mothers’ Rights Campaign

CWSB268 An individual who wishes to remain anonymous