Education Act 1997

23 Functions of the Authority in relation to curriculum and assessment. E+W

(1) The Qualifications and Curriculum Authority shall have the functions set out in subsection (2) [F1 with respect to—

(a) pupils at maintained schools in England who have not ceased to be of compulsory school age,

(b) pupils at maintained nursery schools in England, F2 ...

F2 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2) The functions are—

(a) to keep under review all aspects of the curriculum for [F3 maintained schools or maintained nursery schools] and all aspects of school examinations and assessment;

(b) to advise the Secretary of State on such matters concerned with the curriculum for such schools or with school examinations and assessment as he may refer to them or as they may see fit;

(c) to advise the Secretary of State on, and if so requested by him assist him to carry out, programmes of research and development for purposes connected with the curriculum for such schools or with school examinations and assessment;

(d) to publish and disseminate, and assist in the publication and dissemination of, information relating to the curriculum for such schools or to school examinations and assessment;

(e) to make arrangements with appropriate bodies for auditing the quality of assessments made in pursuance of assessment arrangements; F4 . . .

(f) F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (2ZA) If the Secretary of State so provides by order, the Qualifications and Curriculum Authority shall also have—

(a) such additional functions as may be specified in the order with respect to pupils falling within subsection (1)(a) or (b) who are young children, and

(b) such functions as may be specified in the order with respect to children not falling within subsection (1)(a) or (b) for whom early years provision is provided in England by early years providers to whom section 40 of the Childcare Act 2006 (duty to implement Early Years Foundation Stage) applies.

(2ZB) Before making an order under subsection (2ZA), the Secretary of State shall consult the Qualifications and Curriculum Authority.]

F6 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In this section—

• “assessment” includes examination and test;

• [F8 “early years provider” and “early years provision” have the same meaning as in Part 3 of the Childcare Act 2006;]

• “maintained school” means—

  (a)

  [F9 any community, foundation or voluntary school, and

  (b)

  any community or foundation special school.]

• [F10 “young children” has the same meaning as in Part 3 of the Childcare Act 2006.]

Textual Amendments

F1 Words in s. 23(1) substituted (1.10.2002) by Education Act 2002 (c. 32), s. 189, Sch. 17 para. 1(2) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 2

F2 S. 23(1)(c) and preceding word repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 2(2), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F3 Words in s. 23(2)(a) substituted (1.10.2002) by Education Act 2002 (c. 32), s. 189, Sch. 17 para. 1(3)(a) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 2

F4 S. 23(2)(f) and preceding word repealed (1.10.2002) by Education Act 2002 (c. 32), ss. 189, 215(2), Sch. 17 para. 1(3)(b), Sch. 22 Pt. 1 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 2

F5 S. 23(2ZA)(2ZB) inserted (1.10.2007) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 2(3); S.I. 2007/2717, art. 2(d)

F6 S. 23(2A) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 2(4), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F7 S. 23(3)(4) repealed (1.10.2002) by Education Act 2002 (c. 32), ss. 189, 215(2), Sch. 17 para. 1(5), Sch. 22 Pt. 1 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 2

F8 Words in s. 23(5) substituted (1.10.2007) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 2(5)(a); S.I. 2007/2717, art. 2(d) (with art. 3)

F9 S. 23(5): in definition of "maintained school" paras. (a)(b) substituted (1.9.1999) for paras. (a)-(c) by 1998 c. 31, s. 140(1), Sch. 30 para. 214 (b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F10 Words in s. 23(5) inserted (1.10.2007) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 2(5)(b); S.I. 2007/2717, art. 2(d) (with art. 3)