1.-(1) These Regulations may be cited as the Teachers' Superannuation (Notional Salaries) Regulations 1981.

(2) These Regulations shall come into operation on 1st August 1981 and shall have effect-

(a)for the purposes of Regulations 8 and 9 thereof, as from that date;

(b)for all other purposes, as from 1st April 1979.

2.-(1) In these Regulations a reference to the principal Regulations is a reference to the Teachers' Superannuation Regulations 1976(1).

(2) These Regulations shall be construed as one with the principal Regulations.

(3) In these Regulations a reference to the Primary and Secondary Schools Document 1979 is a reference to the document published by Her Majesty's Stationery Office on 21st September 1979 under the title "Scales of Salaries for Teachers in Primary and Secondary Schools, England and Wales 1979", and a reference to the Further Education Document 1979 is a reference to the document so published on 21st February 1980 under the title "Scales of Salaries for Teachers in Establishments for Further Education, England and Wales 1979".

3.-(1) This Regulation shall apply to a teacher employed in reckonable service at any time during the period beginning with 1st April 1979 and ending immediately before 1st September 1980 being-

(a)a teacher paid by a local education authority in pursuance of section 5 of the Remuneration of Teachers Act 1965, or

(b)a teacher in Crown service whose remuneration fell to be determined by reference to the Primary and Secondary Schools Document 1979 or the Further Education Document 1979, as from time to time amended, or

(c)any other teacher whose remuneration, by contract, fell to be so determined.

(2) In the case of such a teacher the hypotheses referred to in these Regulations shall be that-

(a)the Primary and Secondary Schools Document 1979 had been amended-

(i)as respects the period beginning with 1st April 1979 and ending immediately before 1st April 1980, as provided in Part I of Schedule 1 hereto, and

(ii)as respects the period beginning with 1st April 1980 and ending immediately before 1st September 1980, as provided in Part II of that Schedule

and no other amendments had been made to that document other than those contained in Schedule 2 to the Remuneration of Teachers (Primary and Secondary Schools) (Amendment) Order 1980 and in the Remuneration of Teachers (Primary and Secondary Schools) (Amendment) Order 1981 (which relate to London Area Payments);

(b)the Further Education Document 1979 had been amended-

(i)as respects the period beginning with 1st April 1979 and ending immediately before 1st April 1980, as provided in Part I of Schedule 2 hereto, and

(ii)as respects the period beginning with 1st April 1980 and ending immediately before 1st September 1980, as provided in Part II of that Schedule,

and no other amendments had been made to that document other than those contained in Schedule 2 to the Remuneration of Teachers (Further Education) (Amendment) Order 1980 and in the Remuneration of Teachers (Further Education) (Amendment) Order 1981 (which relate to London Area Payments).

(3) For the purposes hereof, in the Further Education Document 1979, as hypothetically amended by paragraph (2)(b)(ii), any reference to an allowance payable on 31st March 1980 shall be construed as a reference to the amount of the allowance which would have been then payable if that document had been amended as provided in paragraph (2)(b)(i).

4.-(1) This Regulation shall apply to a teacher to whom Regulation 3 does not apply employed in reckonable service at any time during the period beginning with 1st April 1979 and ending immediately before 1st October 1980 in relation to whom the Secretary of State is satisfied that-

(a)it had been recognised by a collective agreement, award in respect of remuneration or otherwise that specified scales of remuneration would have been appropriate as at a date not earlier than 1st April 1979 ("the first relevant date"), but

(b)those scales only became fully operative (with or without a further increase therein) on a subsequent date not later than 1st October 1980 ("the second relevant date").

(2) In the case of such a teacher the hypotheses referred to in these Regulations shall be that the teacher's remuneration in respect of any period beginning on or after the first relevant date and ending before the second relevant date is deemed to be that which he would have received had he then enjoyed the benefit of, subject to paragraph (3), the specified scales of remuneration.

(3) Where the Secretary of State, having been satisfied as mentioned in paragraph (1), is further satisfied that-

(a)it has been recognised as mentioned in paragraph (1)(a) that more favourable specified scales of remuneration would have been appropriate as at a date falling between the above-mentioned first and second relevant dates, but

(b)those scales only became operative as mentioned in paragraph (1)(b) on the second relevant date,

then, as respects any period beginning on or after the date first mentioned in this paragraph and ending before the second relevant date, paragraph (2) shall have effect as if the reference therein to the specified scales of remuneration were a reference to those more favourable scales.

(4) This Regulation shall apply in the case of a teacher not on an incremental scale of remuneration as though for any reference to scales of remuneration there were substituted a reference to a rate of remuneration.

5. For the purposes of these Regulations, the Secretary of State shall be entitled to rely upon a certificate given by an authority or persons employing a teacher during any period beginning on or after 1st April 1979 and ending before 1st September or, as the case may be, 1st October 1980 as to whether or not he is a teacher to whom Regulation 3 applies by virtue of paragraph (1)(c) thereof or a teacher to whom Regulation 4 applies and as to the remuneration which he would have received on the hypotheses set out in Regulation 3 or, as the case may be, Regulation 4.

6.-(1) Where for the purposes of determining under the principal Regulations the amount of any benefit or transfer value payable in the case of a teacher to whom Regulation 3 or 4 applies by reference (directly or indirectly) to his salary or average salary, account falls to be taken of sums payable to the teacher in respect of employment in reckonable service in a period beginning on or after 1st April 1979 and ending before 1st September or, as the case may be, 1st October 1980, account shall instead be taken of the sums which would have been so payable on the hypotheses set out in Regulation 3 or, as the case may be, in Regulation 4.

(2) Where paragraph (1) applies for the purpose of determining the amount of any benefit then, in relation to that benefit, section 8(2) of the Pensions (Increase) Act 1971 shall have effect as if the sums last mentioned in paragraph (1) were the teacher's emoluments for the period in question.

(3) Notwithstanding anything in paragraph (1), that paragraph shall not affect the calculation of a teacher's previous salary for the purposes of Regulation 75 of the principal Regulations (abatement of annual allowance on reemployment).

7.-(1) This Regulation shall apply to a teacher-

(a)in whose case the Secretary of State is of the opinion that, if he had not ceased to be employed in reckonable service, Regulation 3 or 4 would have applied to him, and

(b)who has paid contributions in accordance with Regulation 31 of the principal Regulations (contributions for current added years) in respect of a period beginning on or after 1st April 1979 and ending before 1st September or 1st October 1980, as the case may be.

(2) In the case of such a teacher Regulation 9(2) of the principal Regulations (average salary) shall have effect as if the salary there referred to were, as respects such a period, what it would have been if it had been determined for the purposes of Regulation 31 of the principal Regulations on the hypotheses set out in Regulation 3 or, as the case may be, Regulation 4.

8.-(1) This Regulation shall apply to a teacher-

(a)who became employed in reckonable service as a teacher to whom Regulation 3 or 4 applies on or after 1st April 1979 but before 1st September or, as the case may be, before 1st October 1980;

(b)in whose case the Secretary of State receives a transfer value in pursuance of an election made on or after 1st August 1981 by the teacher for the purposes of Regulation 82(1) of the principal Regulations, and

(c)in whose case paragraph 7(c) of Part 2 of Schedule 7 to the principal Regulations (reckoning of service where a transfer value is received and the teacher's former superannuation scheme was not a statutory one and is not treated as such) applies for the purposes of calculating the reckonable service with which he is to be credited.

(2) Where under the said paragraph 7(c) account falls to be taken of the teacher's full salary at the rate payable to him on the day on which he became employed in reckonable service, account shall instead be taken of the full salary which would have been so payable on the hypotheses set out in Regulation 3 or, as the case may be, Regulation 4.

9.-(1) Save as provided in paragraph (2), in paragraph 7(b)(i) of Part 2 of Schedule 7 to the principal Regulations (reckoning of service where a transfer value is received and the teacher's former superannuation scheme was a statutory one or is treated as such) for the words "as the salary payable to him, on the last day on which he was a member of that scheme; and" there shall be substituted the words "as the salary (whether actual or notional) by reference to which (directly or indirectly) the transfer value paid to the Secretary of State was calculated; and".

(2) The said paragraph 7(b)(i) shall have effect as if this Regulation had not been made where the transfer value is received by the Secretary of State in pursuance of an election made before 1st August 1981 by the teacher for the purposes of Regulation 82(1) of the principal Regulations.

SCHEDULE 1HYPOTHETICAL AMENDMENTS TO THE PRIMARY AND SECONDARY SCHOOLS DOCUMENT 1979

PART I1ST APRIL 1979 UNTIL 1ST APRIL 1980

1. Section 1(A) shall be omitted.

2. For the sum mentioned in section 8(c) there shall be substituted the sum £555.

3. In section 9(c) there shall be substituted-

(a)for the sum mentioned in paragraph (i), the sum "£1,167";

(b)for the sum mentioned in paragraph (ii), the sum "£987".

4. In section 10 there shall be substituted-

(a)for the sum mentioned in paragraph (a)(i), the sum "£519";

(b)for the sum mentioned in paragraph (a)(ii), the sum "£348";

(c)for the sum mentioned in paragraph (c), the sum "£468";

(d)for the sum mentioned in paragraph (e)(i), the sum "£405";

(e)for the sum mentioned in paragraph (e)(ii), the sum "£261".

5. For the sum mentioned in section 14(2), in both paragraphs (a) and (b), there shall be substituted the sum "£360".

6. For the sum mentioned in section 20, there shall be substituted the sum "£405".

7. For Appendix 1 there shall be substituted the following Appendix-

"APPENDIX 1SCALES OF SALARIES

1. Qualified Teachers (excluding Head Teachers and Deputy Head Teachers) in schools other than special schools and Unqualified Teachers to whom section 7(2) applies-

Note 1

Where a teacher paid on Scale 1 is entitled to be classed as a good honours graduate for salaries purposes under the conditions set out in Parts I and III of Annex E to Appendix III, the scale shall be extended as follows:-

Note 2

Teachers entitled to be paid a personal salary of £3,609 per annum on 31st March 1975 as good honours graduates on Scale 2 under the provisions of Appendix I to the 1974 Primary and Secondary Salaries Document shall be paid a personal salary of £6,888.

Note 3

In the case of a teacher to whom section 10(b) applies, this paragraph shall have effect subject thereto and the additional increment there referred to shall equal the last increment on the scale in this paragraph applicable to him as extended, where Note 1 applies, as therein provided.

2. Qualified Teachers (excluding Head Teachers and Deputy Head Teachers) in special schools-

Note 1

Where a teacher paid on Scale 1 is entitled to be classed as a good honours graduate for salaries purposes under the conditions set out in Parts I and III of Annex E to Appendix III, the scale shall be extended as follows:-

Note 2

Teachers entitled to be paid a personal salary of £3,927 per annum on 31st March 1975 as good honours graduates on Scale 2(S) under the provisions of Appendix I to the 1974 Primary and Secondary Salaries Document shall be paid a personal salary of £7,407.

Note 3

In the case of a teacher to whom section 10(b) applies, this paragraph shall have effect subject thereto and the additional increment there referred to shall equal the last increment on the scale in this paragraph applicable to him as extended, where Note 1 applies, as therein provided.

3. Qualified Deputy Head Teachers

(a)in schools other than special schools-

(continued)

(b)in special schools-

Note 1

Where, in a special school, the number of staff (excluding the head teacher and deputy head teacher) substantially exceeds 27 and the number of children 260, the local education authority shall have discretion to determine a scale for the deputy head teacher appropriately related to the above scale for group 9(S).

Note 2

In the case of a teacher to whom section 10(b) applies, this paragraph shall have effect subject thereto and the additional increment there referred to shall equal the last increment on the scale in this paragraph applicable to him or, where Note 1 applies, on the scale determined thereunder.

4. Qualified Head Teachers

(a)in schools other than special schools-

(continued)

(b)in special schools-

Note 1

Where, in a special school, the number of staff (excluding the head teacher and deputy head teacher) substantially exceeds 27 and the number of children 260, the local education authority shall have discretion to determine a scale for the deputy head teacher appropriately related to the above scale for group 9(S).

Note 2

In the case of a teacher to whom section 10(b) applies, this paragraph shall have effect subject thereto and the additional increment there referred to shall equal the last increment on the scale in this paragraph applicable to him or, where Note 1 applies, on the scale determined thereunder.

5. Unqualified Teachers other than those to whom subsections 7(2)(a), 8(a) and 9(a) of Part III apply-

Note 1

Scale C may be extended by one or two increments of £168 to a maximum of £5,064 or £5,232, as the case may be, in the case of a teacher who, in the opinion of the local education authority, possesses a qualification of particular value in the performance of his duties.

Note 2

Unqualified Teachers shall be placed in Scale A, B or C in accordance with the following table-

Note 3

In the case of an unqualified deputy head teacher or an unqualified head teacher who is paid on a scale set out in this paragraph and is entitled to an allowance under section 8 or, as the case may be, section 9, that allowance shall be increased-

(a)in the case of the deputy head teacher of a special school, to £555;

(b)in the case of a head teacher of a special school, to £1,167;

(c)in the case of any other head teacher, to £987.

6. Unqualified Deputy Head Teachers of Special Schools to whom subsection 8(a) of Part III applies-

7. Unqualified Head Teachers of Special Schools to whom subsection 9(a) of Part III applies-

8.-(1) In Appendix III there shall be substituted for the sum mentioned in paragraph 10(3)(a)(i), the sum "£4,506".

(2) For paragraph 12(1)(a) of Appendix III there shall be substituted-

"(a)subject to sub-paragraph (2) and paragraph 13 below, reckonable increments in respect of periods before 1 April 1971 shall be valued at:

with proportionate amounts for twelfths of increments."

PART II1ST APRIL 1980 UNTIL 1ST SEPTEMBER 1980

1. Section 1(A) shall be omitted.

2. For the sum mentioned in section 8(c) there shall be substituted the sum £621.

3. In section 9(c) there shall be substituted-

(a)for the sum mentioned in paragraph (i), the sum "£1,308";

(b)for the sum mentioned in paragraph (ii), the sum "£1,104";

4. In section 10 there shall be substituted-

(a)for the sum mentioned in paragraph (a)(i), the sum "£582";

(b)for the sum mentioned in paragraph (a)(ii), the sum "£390";

(c)for the sum mentioned in paragraph (c), the sum "£525";

(d)for the sum mentioned in paragraph (e)(i), the sum "468";

(e)for the sum mentioned in paragraph (e)(ii), the sum "£303".

5. For the sum mentioned in section 14(2), in both paragraphs (a) and (b), there shall be substituted the sum "£402".

6. For the sum mentioned in section 20, there shall be substituted the sum "£453".

7. For Appendix 1 there shall be substituted the following Appendix-

"APPENDIX 1SCALES OF SALARIES

1. Qualified Teachers (excluding Head Teachers and Deputy Head Teachers) in schools other than special schools and Unqualified Teachers to whom section 7(2) applies-

Note 1

Where a teacher paid on Scale 1 is entitled to be classed as a good honours graduate for salaries purposes under the conditions set out in Parts I and III of Annex E to Appendix III, the scale shall be extended as follows:-

Note 2

Teachers entitled to be paid a personal salary of £3,609 per annum on 31st March 1975 as good honours graduates on Scale 2 under the provisions of Appendix I to the 1974 Primary and Secondary Salaries Document shall be paid a personal salary of £7,716.

Note 3

In the case of a teacher to whom section 10(b) applies, this paragraph shall have effect subject thereto and the additional increment there referred to shall equal the last increment on the scale in this paragraph applicable to him as extended, where Note 1 applies, as therein provided.

2. Qualified Teachers (excluding Head Teachers and Deputy Head Teachers) in special schools-

Note 1

Where a teacher paid on Scale 1 is entitled to be classed as a good honours graduate for salaries purposes under the conditions set out in Parts I and III of Annex E to Appendix III, the scale shall be extended as follows:-

Note 2

Teachers entitled to be paid a personal salary of £3,927 per annum on 31st March 1975 as good honours graduates on Scale 2 under the provisions of Appendix I to the 1974 Primary and Secondary Salaries Document shall be paid a personal salary of £8,295.

Note 3

In the case of a teacher to whom section 10(b) applies, this paragraph shall have effect subject thereto and the additional increment there referred to shall equal the last increment on the scale in this paragraph applicable to him as extended, where Note 1 applies, as therein provided.

3. Qualified Deputy Head Teachers

(a)in schools other than special schools-

(continued)

(b)in special schools-

Note 1

Where, in a special school, the number of staff (excluding the head teacher and deputy head teacher) substantially exceeds 27 and the number of children 260, the local education authority shall have discretion to determine a scale for the deputy head teacher appropriately related to the above scale for group 9(S).

Note 2

In the case of a teacher to whom section 10(b) applies this paragraph shall have effect subject thereto and the additional increment there referred to shall equal the last increment on the scale in this paragraph applicable to him or, where Note 1 applies, on the scale determined thereunder.

4. Qualified Head Teachers

(a)in schools other than special schools-

(continued)

(b)in special schools-

Note 1

Where, in a special school, the number of staff (excluding the head teacher and deputy head teacher) substantially exceeds 27 and the number of children 260, the local education authority shall have discretion to determine a scale for the deputy head teacher appropriately related to the above scale for group 9(S).

Note 2

In the case of a teacher to whom section 10(b) applies this paragraph shall have effect subject thereto and the additional increment there referred to shall equal the last increment on the scale in this paragraph applicable to him or, where Note 1 applies, on the scale determined thereunder.

5. Unqualified Teachers other than those to whom subsections 7(2)(a), 8(a) and 9(a) of Part III apply-

Note 1

Scale C may be extended by one or two increments of £189 to a maximum of £5,673 or £5,862 as the case may be, in the case of a teacher who, in the opinion of the local education authority, possesses a qualification of particular value in the performance of his duties.

Note 2

Unqualified Teachers shall be placed in Scale A, B or C in accordance with the following table-

Note 3

In the case of an unqualified deputy head teacher or an unqualified head teacher who is paid on a scale set out in this paragraph and is entitled to an allowance under section 8 or, as the case may be, section 9, that allowance shall be increased-

(a)in the case of the deputy head teacher of a special school, to £621;

(b)in the case of a head teacher of a special school, to £1,308;

(c)in the case of any other head teacher, to £1,104.

6. Unqualified Deputy Head Teachers of Special Schools to whom subsection 8(a) of Part III applies-

7. Unqualified Head Teachers of Special Schools to whom subsection 9(a) of Part III applies-

8.-(1) In Appendix III there shall be substituted for the sum mentioned in paragraph 10(3)(a)(i), the sum "£5,046".

(2) For paragraph 12(1)(a) of Appendix III there shall be substituted-

"(a)subject to sub-paragraph (2) and paragraph 13 below, reckonable increments in respect of periods before 1 April 1971 shall be valued at:

with proportionate amounts for twelfths of increments."

SCHEDULE 2HYPOTHETICAL AMENDMENTS TO THE FURTHER EDUCATION DOCUMENT 1979

PART I1ST APRIL 1979 UNTIL 1ST APRIL 1980

1. Section 1(3) shall be omitted.

2. In section 16-

(a)in subsection (1) for the second mentioned sum there shall be substituted the sum of "£330";

(b)for subsection (2) there shall be substituted the following subsection-

"(2) An allowance of such amount as the local education authority deem appropriate but normally not exceeding £933 per annum shall be paid to a Head of Department appointed to undertake the duties and responsibilities of a Vice-Principal in an establishment for further education below group 4, so, however, that where an allowance of a particular amount ("the old amount") was payable on 31st March 1979 the amount thereof after that date shall be determined as follows-

(a)the old amount shall be increased by 9 per cent rounded to the nearest multiple of £3, and

(b)the resulting amount shall be further increased by 19 per cent rounded to the nearest multiple of £3,

and the amount so arrived at shall be the amount of the allowance."

(c)for subsection (3) there shall be substituted the following subsection-

"(3) Where in an establishment for further education in group 4 or higher a Head of Department was appointed before 25th February 1972, to undertake the duties of Vice-Principal, the Head of Department shall for so long as he continues to discharge the duties and responsibilities of Vice-Principal be paid an allowance of such amount as the local education authority deem appropriate subject to a minimum of £948 and a maximum of £1,446 per annum, so, however, that where an allowance of a particular amount ("the old amount") was payable on 31st March 1979 the amount thereof after that date shall be determined as follows-

(a)the old amount shall be increased by 9 per cent rounded to the nearest multiple of £3, and

(b)the resulting amount shall be further increased by 21 per cent, rounded to the nearest multiple of £3,

and the amount so arrived at shall be the amount of the allowance."

(d)for subsection (4) there shall be substituted the following subsection-

"(4) Where departments in an establishment for further education in group 5 or higher are grouped into faculties and a Head of Department, other than one to whom subsection 16(3) applies, exercises co-ordinating responsibilities within the faculty, the local education authority may pay the Head of Department an allowance not exceeding £834 per annum, so, however, that where an allowance of a particular amount ("the old amount") was payable on 31st March 1979 the amount thereof after that date shall be determined as follows-

(a)the old amount shall be increased by 9 per cent rounded to the nearest multiple of £3, and

(b)the resulting amount shall be further increased by 20 per cent rounded to the nearest multiple of £3,

and the amount so arrived at shall be the amount of the allowance. A Head of Department in an establishment below group 5 who received an allowance of £402 under the corresponding provisions of the 1974 Further Education Salaries Document shall continue to receive an allowance for so long as he discharges such co-ordinating responsibilities at the rate of £660 per annum."

3. For Appendix 1A there shall be substituted the following Appendix-

"APPENDIX 1A

Scales and ranges of salaries for teachers in Further Education (other than Agricultural and Horticultural Establishments) and teachers of Agricultural, including Horticultural, subjects.

1. Subject to the provisions of Appendix III, scales and ranges of salaries from 1st April 1979 shall be in accordance with the following paragraphs:-

2. Lecturer Grade I, Lecturer Grade II, Senior Lecturer, Principal Lecturer and Reader

(a)(i)A Lecturer Grade II who is responsible for a significant amount of work of Category I or II/III (or before 1st September 1979, Categories I, II or III) standard in the year in which he is on point 8 of the Lecturer Grade II scale shall be transferred as though the scales were continuous with the Senior Lecturer scale when he becomes entitled to receive one further increment, subject to having satisfied the efficiency requirements. If the efficiency or work requirements are not satisfied he shall continue to progress on the Lecturer Grade II scale and shall only transfer to the appropriate point on the Senior Lecturer scale when the requirements are subsequently satisfied.

(ii)The preceding sub-paragraph shall not prevent a local education authority from promoting such a Lecturer Grade II to Senior Lecturer before the Lecturer Grade II would otherwise become eligible to proceed on to the Senior Lecturer scale.

(b)A Senior Lecturer who has reached point 4 of that scale shall only proceed beyond that point where he is responsible for a significant amount of work of Categories I or II/III (or, before 1st September 1979, Categories I, II or III) specified in paragraph 2 of Part I of Appendix IIA, during the year that he is paid on point 4 of the Senior Lecturer scale, or, if he fails to qualify in that year, in a subsequent year.

(c)(i)A Principal Lecturer who has reached point 3 of that scale shall only proceed beyond that point where he is responsible for a significant amount of work in respect of courses, programmes or study falling within the Categories I or II/III (or, before 1st September 1979, Categories I, II or III) specified in paragraph 2 of Part I of Appendix IIA, during the year he is paid on point 3 of the Principal Lecturer scale, or, if he fails to qualify in that year, in a subsequent year.

(ii)Where a Principal Lecturer not appointed as Head of Department was, on 31st March 1979, in receipt of an allowance under section 8 of the 1973 Pelham Report, as amended, of a particular amount ("the old amount"), he shall after that date, so long as he continues to discharge the duties for which the allowance was paid, continue to receive the allowance and the amount thereof shall be determined as follows-

and the amount as arrived at shall be the amount of the allowance.

(d)For the purpose of (a), (b) and (c) above, "a significant amount" shall normally be interpreted as at least 50 per cent of the lecturer's work time during the year in question and shall be calculated as an average per annum over the immediately preceding three years, if this is more favourable to the teacher.

3. Heads of Department and Academic Posts above Reader.

(a)Where a department had been established prior to 16th February 1968 and the unit total is less than 76, the existing Head of Department shall continue to receive salary in Grade I for so long as he continues in the post.

(b)Where the local education authority consider that in the special circumstances of a particular case of a Head of Department Grade VI the maximum prescribed above is not adequate, the authority may, in agreement with the Secretary of State, extend the scale to such higher maximum as they deem appropriate.

4. Vice-Principals and Principals.

(i)Vice-Principals and Principals shall be paid on a fixed salary to be determined by local education authorities from the following ranges of salaries:

(ii)Where the local education authority consider that there are exceptional circumstances which justify a higher salary than that permissible within the appropriate prescribed range, the authority may apply to the Secretary of State for approval to payment of such higher salary as they deem appropriate.

(iii)A Senior Lecturer or a Principal Lecturer who has been entitled to an allowance of Deputy Principal under the 1973 Pelham Report, as amended, shall continue to receive that allowance in addition to salary as a Senior or Principal Lecturer under paragraph 2 of this appendix if this total sum exceeds the salary which would be payable under sub-paragraph (i) above."

4. For Appendix IB there shall be substituted the following Appendix-

"APPENDIX IB

Scales and ranges of Salaries for teachers in Agricultural and Horticultural Establishments and teachers of Agricultural (including Horticultural) subjects on the staff of local education authorities.

1. Scales and ranges for salaries from 1st April 1979 shall be in accordance with the following paragraphs:

2. Lecturer Grade IA and Lecturer Grade IB

3. Lecturer Grade II, Vice-Principal and Principal.

The scales of salaries for these teachers are determined by local education authorities from the following salary ranges:

(a)Where the local education authority consider that there are exceptional circumstances that justify a Lecturer Grade II being paid on a higher salary than would be permissible within the salary range up to point 10, the range may be extended by one or two further points to point 11 and point 12 respectively.

(b)The normal percentage relationship between the maximum of the Vice-Principal's scale and the maximum of the Principal's scale shall be 80 per cent within a range of 75 per cent at minimum and 85 per cent at maximum. Examples of factors which might appropriately be taken into account in determining whether it would be appropriate to appoint a Vice-Principal to a scale with a maximum in excess of 80 per cent of the maximum of the Principal's salary are:-

(i)Responsibility as an agricultural or horticultural adviser for the county.

(ii)Responsibility for farm or horticultural management.

(iii)Responsibility for an extra-mural centre.".

5. For the sum mentioned in paragraph 13B(1) of Appendix III there shall be substituted the sum "£159".

PART II1ST APRIL 1980 UNTIL 1ST SEPTEMBER 1980

1. Section 1(3) shall be omitted.

2. In section 16-

(a)in subsection (1) for the second mentioned sum there shall be substituted the sum of "£369";

(b)for subsection (2) there shall be substituted the following subsection-

"(2) An allowance of such amount as the local education authority deem appropriate but normally not exceeding £1,044 per annum shall be paid to a Head of Department appointed to undertake the duties and responsibilities of a Vice-Principal in an establishment for further education below group 4, so, however, that where an allowance of a particular amount ("the old amount") was payable on 31st March 1980 the amount thereof after that date shall be the old amount increased by 12 per cent, rounded to the nearest multiple of £3.";

(c)for subsection (3) there shall be substituted the following subsection-

"(3) Where in an establishment for further education in group 4 or higher a Head of Department was appointed before 25th February 1972, to undertake the duties of Vice-Principal, the Head of Department shall for so long as he continues to discharge the duties and responsibilities of Vice-Principal be paid an allowance of such amount as the local education authority deem appropriate subject to a minimum of £1,062 and a maximum of £1,620 per annum, so, however, that where an allowance of a particular amount ("the old amount") was payable on 31st March 1980 the amount thereof after that date shall be the old amount increased by 12 per cent, rounded to the nearest multiple of £3.";

(d)for subsection (4) there shall be substituted the following subsection-

"(4) Where departments in an establishment for further education in group 5 or higher are grouped into faculties and a Head of Department, other than one to whom subsection 16(3) applies, exercises co-ordinating responsibilities within the faculty, the local education authority may pay the Head of Department an allowance not exceeding £738 per annum, so, however, that where an allowance of a particular amount ("the old amount") was payable on 31st March 1980 the amount thereof after that date shall be the old amount increased by 12 per cent, rounded to the nearest multiple of £3. A Head of Department in an establishment below group 5 who received an allowance of £402 under the corresponding provisions of the 1974 Further Education Salaries Document shall continue to receive an allowance for so long as he discharges such co-ordinating responsibilities at the rate of £933 per annum.".

3. For Appendix IA there shall be substituted the following Appendix-

"APPENDIX IA

Scales and ranges of salaries for teachers in Further Education (other than Agricultural and Horticultural Establishments) and teachers of Agricultural, including Horticultural, subjects.

1. Subject to the provisions of Appendix III, scales and ranges of salaries from 1st April 1980 shall be in accordance with the following paragraphs:-

2. Lecturer Grade I, Lecturer Grade II, Senior Lecturer, Principal Lecturer and Reader.

(a)(i)A Lecturer Grade II who is responsible for a significant amount of work of Category I or II/III (or before 1st September 1979, Categories I, II or III) standard in the year in which he is on point 8 of the Lecturer Grade II scale shall be transferred as though the scales were continuous with the Senior Lecturer scale when he becomes entitled to receive one further increment, subject to having satisfied the efficiency requirements. If the efficiency or work requirements are not satisfied he shall continue to progress on the Lecturer Grade II scale and shall only transfer to the appropriate point on the Senior Lecturer scale when the requirements are subsequently satisfied.

(ii)The preceding sub-paragraph shall not prevent a local education authority from promoting such a Lecturer Grade II to Senior Lecturer before the Lecturer Grade II would otherwise become eligible to proceed on to the Senior Lecturer scale.

(b)A Senior Lecturer who has reached point 4 of that scale shall only proceed beyond that point where he is responsible for a significant amount of work of Categories I or II/III (or, before 1st September 1979, Categories I, II or III) specified in paragraph 2 of Part I of Appendix IIA, during the year that he is paid on point 4 of the Senior Lecturer scale, or, if he fails to qualify in that year, in a subsequent year.

(c)(i)A Principal Lecturer who has reached point 3 of that scale shall only proceed beyond that point where he is responsible for a significant amount of work in respect of courses, programmes or study falling within the Categories I or II/III (or, before 1st September 1979, Categories I, II or III) specified in paragraph 2 of Part I of Appendix IIA, during the year he is paid on point 3 of the Principal Lecturer scale, or, if he fails to qualify in that year, in a subsequent year.

(ii)Where a Principal Lecturer not appointed as Head of Department was, on 31st March 1980, in receipt of an allowance under section 8 of the 1973 Pelham Report, as amended, of a particular amount ("the old amount"), he shall after that date, so long as he continues to discharge the duties for which the allowance was paid, continue to receive the allowance and the amount thereof shall be the old amount increased by 12 per cent, rounded to the nearest multiple of £3.

(d)For the purpose of (a), (b) and (c) above, "a significant amount" shall normally be interpreted as at least 50 per cent of the lecturer's work time during the year in question and shall be calculated as an average per annum over the immediately preceding three years, if this is more favourable to the teacher.

3. Heads of Department and Academic Posts above Reader.

(a)Where a department had been established prior to 16th February 1968 and the unit total is less than 76, the existing Head of Department shall continue to receive salary in Grade I for so long as he continues in the post.

(b)Where the local education authority consider that in the special circumstances of a particular case of a Head of Department Grade VI the maximum prescribed above is not adequate, the authority may, in agreement with the Secretary of State, extend the scale to such higher maximum as they deem appropriate.

4. Vice-Principals and Principals.

(i)Vice-Principals and Principals shall be paid on a fixed salary to be determined by local education authorities from the following ranges of salaries:

(ii)Where the local education authority consider that there are exceptional circumstances which justify a higher salary than that permissible within the appropriate prescribed range, the authority may apply to the Secretary of State for approval to payment of such higher salary as they deem appropriate.

(iii)A Senior Lecturer or a Principal Lecturer who has been entitled to an allowance of Deputy Principal under the 1973 Pelham Report, as amended, shall continue to receive that allowance in addition to salary as a Senior or Principal Lecturer under paragraph 2 of this appendix if this total sum exceeds the salary which would be payable under sub-paragraph (i) above.".

4. For Appendix IB there shall be substituted the following Appendix-

"APPENDIX 1B

Scales and ranges of Salaries for teachers in Agricultural and Horticultural Establishments and teachers of Agricultural (including Horticultural) subjects on the staff of local education authorities.

1. Scales and ranges for salaries from 1st April 1980 shall be in accordance with the following paragraphs:

2. Lecturer Grade IA and Lecturer Grade IB.

(a)Lecturers Grade IB in post and on point 14 of the scale on 1st September 1978 shall progress to the 15th point on 1st April 1980. (All other Lecturers Grade IB currently in service and new entrants and re-entrants to the grade after 31st August 1978 shall be similarly eligible to proceed to point 15 on or after 1st September 1980 subject to the normal criteria for incremental progression.)

3. Lecturer Grade II, Vice-Principal and Principal.

The scales of salaries for these teachers are determined by local education authorities from the following salary ranges:

(a)Where the local education authority consider that there are exceptional circumstances that justify a Lecturer Grade II being paid on a higher salary than would be permissible within the salary range up to point 10, the range may be extended by one or two further points to point 11 and point 12 respectively.

(b)The normal percentage relationship between the maximum of the Vice-Principal's scale and the maximum of the Principal's scale shall be 80 per cent within a range of 75 per cent at minimum and 85 per cent at maximum. Examples of factors which might appropriately be taken into account in determining whether it would be appropriate to appoint a Vice-Principal to a scale with a maximum in excess of 80 per cent of the maximum of the Principal's salary are:-

(i)Responsibility as an agricultural or horticultural adviser for the county.

(ii)Responsibility for farm or horticultural management.

(iii)Responsibility for an extra-mural centre."

5. For the sum mentioned in paragraph 13B(1) of Appendix III there shall be substituted the sum "£177".

EXPLANATORY NOTE

These Regulations relate to the calculation of benefits and transfer values under the Teachers' Superannuation Regulations 1976 and the calculation of service reckonable thereunder by reason of the receipt of transfer values.

The principal provisions relate to teachers who received "staged" increases in remuneration over the period 1st April 1979 to 1st September or, in certain cases, 1st October 1980. These provisions have effect as from 1st April 1979 (Regulation 1(2)(b)); retrospection is authorised by section 12(1) of the Superannuation Act 1972. Where, in calculating any benefit or transfer value in the case of such a teacher, account falls to be taken of his remuneration in that period, Regulation 6 provides that account shall instead be taken of what his remuneration would have been on the hypotheses set out in Regulation 3 (teachers entitled to "Burnham" or related rates of pay) or in Regulation 4 (other teachers); the teacher is put in the position he would have been in had his increases in remuneration not been staged.

The provisions of Regulations 8 and 9 relate to the calculation of service reckonable by reason of the receipt of a transfer value in pursuance of an election made by a teacher on or after 1st August 1981, when the Regulations come into operation. These provisions have effect as from that date (Regulation 1(2)(a)).

Regulation 8 applies in the case of a teacher who entered employment in reckonable service during the period referred to above. Where the transfer value is received from a statutory scheme and the reckonable service would be calculated by reference to his salary on entering such employment, account is instead to be taken of the salary he would have received on the hypotheses set out in Regulation 3 or, as the case may be, Regulation 4.

Regulation 9 makes a permanent amendment to the Regulations of 1976. Where the transfer value is received from a non-statutory scheme and the reckonable service is at present calculated by reference to his salary on the last day on which he was a member of that scheme, it is in future to be calculated by reference to the salary (whether actual or notional) by reference to which the transfer value was calculated.