Education Act 2002

90 Development work and experiments E+W

(1) For the purpose of enabling development work or experiments to be carried out, the Secretary of State may direct in respect of a particular maintained school F1 ... that, for such period as may be specified in the direction, the National Curriculum for England—

(a) shall not apply, or

(b) shall apply with such modifications as may be specified in the direction.

(2) A direction under subsection (1) may apply either generally or in such cases as may be specified in the direction.

(3) In the case of a community, voluntary controlled or community special school F2 ..., a direction shall not be given under subsection (1) except on an application—

(a) by the governing body with the agreement of the [F3 local authority],

(b) by the [F3 local authority] with the agreement of the governing body, or

(c) by the [F4 Qualifications and Curriculum Development Agency] with the agreement of both the [F3 local authority] and the governing body.

(4) In the case of a foundation, voluntary aided or foundation special school, a direction shall not be given under subsection (1) except on an application by the governing body or by the [F5 Qualifications and Curriculum Development Agency] with the agreement of the governing body.

(5) The Secretary of State may make it a condition of a direction under subsection (1) that any person by whom or with whose agreement the request for the direction was made should, when so directed or at specified intervals, report [F6 on any matters specified by the Secretary of State to—

(a) the Secretary of State, or

(b) the reviewing body.]

[F7 (5A) If required by the Secretary of State to do so the reviewing body shall keep under review development work or experiments carried out following a direction given under subsection (1).

(5B) In this section “the reviewing body” means the Qualifications and Curriculum Development Agency, or any other person, if designated as such by the Secretary of State.

(5C) A designation under subsection (5B) may make different provision for different purposes.]

(6) The Secretary of State may by a direction under this subsection vary or revoke a direction under subsection (1).

Textual Amendments

F1 Words in s. 90(1) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 12(2), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F2 Words in s. 90(3) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 12(3), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F3 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

F4 Words in s. 90(3)(c) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 36(2); S.I. 2010/1151, art. 2, Sch. 1

F5 Words in s. 90(4) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 36(2); S.I. 2010/1151, art. 2, Sch. 1

F6 Words in s. 90(5) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 36(3); S.I. 2010/1151, art. 2, Sch. 1

F7 S. 90(5A)-(5C) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 36(4); S.I. 2010/1151, art. 2, Sch. 1

Modifications etc. (not altering text)

C1 S. 90 applied (with modifications) (25.5.2007) by The School Governance (New Schools) (England) Regulations 2007 (S.I. 2007/958), regs. 1, 30

C2 S. 90(3) modified (31.3.2004) by The Blackburn with Darwen (Maintained Nursery School Governance) Order 2004 (S.I. 2004/657), arts. 1(1), 3(i)