1. This Order may be cited as the Education (School Teachers' Pay and Conditions) (No. 4) Order 2005 and shall come into force on 1 January 2006.

2. —(1) The School Teachers' Pay and Conditions Document 2005( 3 ) is amended in accordance with the following paragraphs.

(2) In paragraph 4.4—

(a) for paragraph (a) substitute—

“ (a) in the case of a member of the leadership group or an advanced skills teacher—

(i) of the basis on which his remuneration has been determined and the criteria (including performance objectives) on which his salary will be reviewed in the future; and

(ii) where he was appointed for a fixed period or under a fixed-term contract, of the date or, where appropriate, the circumstance, the occurrence of which will bring the fixed period or fixed-term contract to an end; ” ; and

(b) in paragraph (b)(iii) for “temporary” substitute “made whilst the teacher occupies another post in the temporary absence of the post-holder”.

(3) In paragraph 25.1, for “the teacher remains in the same post, or temporary” substitute “a teacher remains in the same post or occupies another post in the temporary absence of the post-holder”.

(4) At the beginning of paragraph 26.1 insert—

“ Subject to paragraph 26.1A ” .

(5) After paragraph 26.1 insert—

“ 26.1A. TLRs awarded to teachers employed under a fixed-term contract or whilst they occupy another post in the temporary absence of the post-holder shall not be safeguarded after the fixed-term contract expires or after the date or the circumstance (if occurring earlier than that date) notified to the teacher pursuant to paragraph 4.4(b)(iii) occurs. ” .

(6) In paragraph 26.3 for paragraph (e) substitute—

“ (e) (i) the date on which the safeguarding period will end;

(ii) where the safeguarded sum is paid in respect of a TLR awarded to a teacher employed under a fixed-term contract, the date on which that fixed-term contract and payment of the safeguarded sum will end; or

(iii) where the safeguarded sum is paid in respect of a TLR awarded to a teacher whilst he occupies another post in the temporary absence of the post-holder, the date or the circumstance (if occurring earlier than that date) notified to the teacher pursuant to paragraph 4.4(b)(iii) on which the award and payment of the safeguarded sum will end; and ” .

(7) In paragraph 26.4 for paragraph (a) substitute—

“ (a) (i) the safeguarding period ends;

(ii) where the safeguarded sum is paid in respect of a TLR awarded to a teacher employed under a fixed-term contract, the date on which that fixed-term contract expires; or

(iii) where the safeguarded sum is paid in respect of a TLR awarded to a teacher whilst he occupies another post in the temporary absence of the post-holder, the date or the circumstance (if occurring earlier than that date) notified to the teacher pursuant to paragraph 4.4(b)(iii) occurs; ” .

(8) In paragraph 48—

(a) in sub-paragraph 4(a) substitute “19” for “29”; and

(b) for sub-paragraph 5(b) substitute—

“ (b) in relation to any management allowance—

(i) paragraph 24 shall not apply;

(ii) the allowance must be reduced by the value of any TLR awarded to the teacher from time to time; and

(iii) an allowance awarded for a fixed period shall only be included in the safeguarded salary for the period of that award; ” .

(9) In paragraph 49—

(a) at the end of sub-paragraph 5(c) insert “or in the case of a teacher employed as a member of the leadership group or as an advanced skills teacher for a fixed period or under a fixed-term contract, the date or the circumstance the occurrence of which will bring that fixed period or fixed-term contract and payment of the safeguarded sum to an end”;

(b) at the end of sub-paragraph 6(a) insert “or in the case of a teacher employed as a member of the leadership group or as an advanced skills teacher for a fixed period or under a fixed-term contract, the date on which that fixed period or fixed-term contract ends”;

(c) for sub-paragraph 6(b)(iii) substitute—

“ (iii) as a result of a subsequent determination by the relevant body, he is awarded a TLR or an SEN allowance or both, and the combined value of that payment or allowance or payment and allowance and his new pay point equals or exceeds his original salary; ” .

(10) In paragraph 3 of Annex 6—

(a) in paragraph 48A.4, for “authority” substitute “relevant body”; and

(b) in paragraph 48A.4(d), omit “subject to paragraph 5.3,” and for “new” substitute “old”.