The Testing in Primary Schools (Scotland) Regulations 1990

Attainment tests

3.—(1) Subject to the provisions of this regulation, every education authority shall test the level of educational attainment of every pupil in stages P4 and P7 in attendance at primary schools under their management–

(a) in respect of language, meaning the English language except where paragraph (2) applies, and mathematics, where the pupil is in stage P4; and

(b) in respect of the English language and mathematics, where the pupil is in stage P7.

(2) Where Gaelic is a language of instruction at a school, testing in respect of language in accordance with paragraph (1)(a) may, in relation to any pupil in attendance at the school, be in respect of the English language or the Gaelic language or both of those languages, as appears to the education authority appropriate in the circumstances.

(3) Paragraph (1) shall not apply in respect of any pupil for whom a Record of Needs is kept; but the education authority may test the level of educational attainment of any such pupil in accordance with this regulation where they consider it appropriate to do so, having first consulted a parent of the pupil.

(4) Where a pupil is in attendance at a school where Gaelic is a language of instruction, in the school year in which these Regulations come into force, the duty of the education authority–

(a) under paragraph (1)(a), shall not apply; and

(b) under paragraph (1)(b), shall apply only insofar as it relates to the English language.

(5) For the purpose of holding any attainment tests an education authority–

(a) shall select–

(i) by no later than 17th December 1990 in respect of the school year in which these Regulations come into force and by no later than 15th November in respect of each subsequent school year;

(ii) from the range of materials prepared by the Scottish Examination Board for that purpose,

such materials as appear to them appropriate to the level of education and circumstances of the pupils whose level of educational attainment is to be tested; and

(b) shall use the materials so selected when holding such tests and may use different such materials in respect of different pupils or groups of pupils.

(6) An education authority shall hold attainment tests at each primary school under their management within the period from 1st March to 30th April in each school year and may hold such tests at different times within that period in respect of each such school, different classes at any such school, or a pupil, or group of pupils, in any such class.

(7) Without prejudice to paragraphs (1) and (2), where–

(a) an education authority hold attainment tests at a school under their management; and

(b) Gaelic is a language of instruction at that school,

they may select, in accordance with paragraph (5)(a), materials prepared in Gaelic and may use such materials in respect of the testing of the level of educational attainment of any pupil in language or mathematics and, in holding such tests in respect of that pupil, they may also use materials prepared in English which they have so selected.