Education Act 2002

Part 6 E+W The curriculum in England

Modifications etc. (not altering text)

C1 Pt. 6: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 35(4)(d), 70(2); S.I. 2018/346, reg. 4(f)

C2 Pt. 6: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 34(6)(d), 70(2); S.I. 2018/346, reg. 4(e)

C3 Pt. 6 modified (E.) (temp. from 1.10.2002) by The Education Act 2002 (Modification of Provisions) (England) Regulations 2002 (S.I. 2002/2316), reg. 4

Preliminary E+W

76 Interpretation of Part 6 E+W

[F1 (1)] In this Part—

• “assess” includes F2 ... test, and related expressions shall be construed accordingly;

• [F3 “assessment arrangements”, in relation to a key stage, means the arrangements for assessing pupils in respect of that stage [F4 for the specified purposes];]

• “attainment targets”, in relation to a key stage, means the knowledge, skills and understanding which pupils of different abilities and maturities are expected to have by the end of that stage;

• F5 ...

• “the foundation stage” has the meaning given by section 81;

• “key stage”, or references to a particular key stage, shall be construed in accordance with section 82;

• “maintained school” means—

  (a)

  any community, foundation or voluntary school maintained by a [F6 local authority] in England, or

  (b)

  except where otherwise stated, any community or foundation special school which is maintained by a [F6 local authority] in England and is not established in a hospital;

• “maintained nursery school” means a nursery school which is maintained by a [F6 local authority] in England and is not a special school;

• “programmes of study”, in relation to a key stage, means matters, skills and processes which are required to be taught to pupils of different abilities and maturities by the end of that stage;

• F5 ...

• “school year”, in relation to a school, means the period beginning with the first school term to begin after July and ending with the beginning of the first school term to begin after the following July; F7 ...

[F8 (2) In subsection (1) “the specified purposes”, in relation to assessment arrangements for a key stage, means—

(a) the purpose of ascertaining what pupils have achieved in relation to the attainment targets for that stage, and

(b) such other purposes as the Secretary of State may by order specify.]

Textual Amendments

F1 S. 76(1): s. 76 renumbered as s. 76(1) (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 32(2); S.I. 2010/1151, art. 2, Sch. 1

F2 Words in s. 76(1) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 32(3), Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1

F3 Words in s. 76 substituted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 3(2); S.I. 2008/2261, art. 2 (with Sch. 1)

F4 Words in s. 76(1) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 32(4); S.I. 2010/1151, art. 2, Sch. 1

F5 Words in s. 76 repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 3(3), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F6 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)

F7 Words in s. 76 repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 3(4), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F8 S. 76(2) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 32(5); S.I. 2010/1151, art. 2, Sch. 1

F9 77 Meaning of “nursery education” and related expressions E+W

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Textual Amendments

F9 S. 77 repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 4, Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

General duties in respect of the curriculum E+W

78 General requirements in relation to curriculum E+W

(1) The curriculum for a maintained school or maintained nursery school satisfies the requirements of this section if it is a balanced and broadly based curriculum which—

(a) promotes the spiritual, moral, cultural, mental and physical development of pupils at the school and of society, and

(b) prepares pupils at the school for the opportunities, responsibilities and experiences of later life.

F10 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 S. 78(2) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 5, Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

Commencement Information

I1 S. 78 wholly in force at 1.10.2002; s. 78 not in force at Royal Assent, see s. 216; s. 78 in force for certain purposes at 26.7.2002 by S.I. 2002/2002, art. 2 and at 1.10.2002 insofar as not already in force by S.I. 2002/2439, art. 2 (with transitional provisions and savings in Sch.)

79 Duty to implement general requirements E+W

[F11 (1) The Secretary of State shall exercise his functions with a view to securing that the curriculum for every maintained school or maintained nursery school satisfies the requirements of section 78.

(2) Every [F6 local authority] in England shall exercise their functions with a view to securing that the curriculum for every maintained school or maintained nursery school which they maintain satisfies the requirements of section 78.]

(3) The governing body and head teacher of every maintained school or maintained nursery school shall exercise their functions with a view to securing that the curriculum for the school satisfies the requirements of section 78.

(4) The functions referred to in subsections (1) to (3) include in particular—

(a) functions conferred by this Part in relation to the National Curriculum for England, and

(b) except in relation to maintained nursery schools F12 ..., functions relating to religious education and religious worship.

F13 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14 (6) In exercising any function which may affect the provision of sex education in maintained schools (whether or not as part of the education required to be provided under section 80(1)(d)), every local authority in England must have regard to relevant guidance issued by the Secretary of State under section 80A of this Act or section 403(1A) of the Education Act 1996.]

(7) Except to the extent provided in subsection (6), nothing in this section shall be taken to impose duties on a [F6 local authority] with regard to sex education.

Textual Amendments

F6 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)

F11 S. 79(1)(2) substituted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 6(2); S.I. 2008/2261, art. 2 (with Sch. 1)

F12 Words in s. 79(4)(b) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 6(3), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F13 S. 79(5) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 6(4), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F14 S. 79(6) substituted (1.9.2020) by The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 (S.I. 2019/924), reg. 1(2), Sch. para. 6

80 Basic curriculum for every maintained school in England E+W

(1) The curriculum for every maintained school in England shall comprise a basic curriculum which includes—

(a) provision for religious education for all registered pupils at the school (in accordance with such of the provisions of Schedule 19 to the School Standards and Framework Act 1998 (c. 31) as apply in relation to the school),

(b) a curriculum for all registered pupils at the school [F15 who have ceased to be young children for the purposes of Part 1 of the Childcare Act 2006] but are not over compulsory school age (known as “the National Curriculum for England”),

[F16 (c) provision for relationships education for all registered pupils at the school who are provided with primary education,

(d) provision for relationships and sex education for all registered pupils at the school who are provided with secondary education, and

(e) provision for health education for all registered pupils at the school.]

(2) Subsection (1)(a) does not apply—

(a) in relation to [F17 pupils who are under compulsory school age] , or

(b) in the case of a maintained special school (provision as to religious education in special schools being made by regulations under section 71(7) of the School Standards and Framework Act 1998).

[F18 (2A) Subsection (1)(c) and (e) do not apply in relation to pupils who are under compulsory school age.]

(3) The Secretary of State may by order—

(a) amend subsection (1) so as to add further requirements (otherwise than in relation to religious education [F19 relationships education, relationships and sex education or health education]),

(b) amend subsection (1)(b) by substituting for the reference to compulsory school age (or to any age specified there by virtue of this paragraph) a reference to such other age as may be specified in the order, and

(c) amend any provision included in subsection (1) by virtue of paragraph (a) of this subsection.

Textual Amendments

F15 Words in s. 80(1)(b) substituted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 7(2); S.I. 2008/2261, art. 2 (with Sch. 1)

F16 S. 80(1)(c)-(e) substituted for s. 80(1)(c)(d) (1.9.2020) by The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 (S.I. 2019/924), reg. 1(2), Sch. para. 7(2)

F17 Words in s. 80(2)(a) substituted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 7(3); S.I. 2008/2261, art. 2 (with Sch. 1)

F18 S. 80(2A) inserted (1.9.2020) by The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 (S.I. 2019/924), reg. 1(2), Sch. para. 7(3)

F19 Words in s. 80(3)(a) substituted (1.9.2020) by The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 (S.I. 2019/924), reg. 1(2), Sch. para. 7(4)

Modifications etc. (not altering text)

C4 S. 80 applied (in part) (1.2.2008) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 (S.I. 2007/2979), reg. 1(1), Sch. 1 para. 19 (as amended (1.9.2020) by The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 (S.I. 2019/924), reg. 1(2), Sch. para. 9)

[F20 80A Guidance about relationships, sex and health education E+W

(1) The Secretary of State must give guidance about the provision of education under section 80(1)(c), (d) and (e).

(2) In relation to education provided under section 80(1)(c) and (d), the guidance must be given with a view to ensuring that—

(a) the pupils learn about—

(i) the nature of marriage and civil partnership and their importance for family life and the bringing up of children,

(ii) safety in forming and maintaining relationships,

(iii) the characteristics of healthy relationships, and

(iv) how relationships may affect physical and mental health and wellbeing, and

(b) the education is appropriate having regard to the age and the religious background of the pupils.

(3) The governing body of a maintained school must have regard to guidance under this section.

(4) The Secretary of State must review guidance under this section from time to time.

(5) In this section “maintained school” includes a community or foundation special school established in a hospital.]

Textual Amendments

F20 Ss. 80A, 80B inserted (1.9.2020) by The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 (S.I. 2019/924), reg. 1(2), Sch. para. 8

Modifications etc. (not altering text)

C5 Ss. 80A, 80B applied (with modifications) by S.I. 2007/2979, Sch. 1 para. 19 (as substituted (1.9.2020) by The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 (S.I. 2019/924), reg. 1(2), Sch. para. 9)

[F20 80B Relationships education and relationships and sex education: statements of policy E+W

(1) The governing body of a maintained school must—

(a) make, and keep up to date, a separate written statement of their policy with regard to the provision of education under each of paragraphs (1)(c) and (d) of section 80, and

(b) publish a copy of the statement on a website and provide a copy free of charge to anyone who asks for one.

(2) A statement under subsection (1) must include a statement of the effect of section 405(3) of the Education Act 1996 (exemption from sex education: England).

(3) The governing body must consult parents of registered pupils at the school before making or revising a statement under subsection (1).

(4) In this section “maintained school” includes a community or foundation special school established in a hospital.]

Textual Amendments

F20 Ss. 80A, 80B inserted (1.9.2020) by The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 (S.I. 2019/924), reg. 1(2), Sch. para. 8

Modifications etc. (not altering text)

C5 Ss. 80A, 80B applied (with modifications) by S.I. 2007/2979, Sch. 1 para. 19 (as substituted (1.9.2020) by The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 (S.I. 2019/924), reg. 1(2), Sch. para. 9)

The National Curriculum for England E+W

F21 81 The foundation stage E+W

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Textual Amendments

F21 S. 81 repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 8, Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

82 The key stages E+W

(1) For the purposes of this Part, the key stages in relation to a pupil are—

(a) the period beginning at the same time as the school year in which he attains the age of six and ending at the same time as the school year in which the majority of pupils in his class attain the age of seven (“the first key stage”),

(b) the period beginning at the same time as the school year in which the majority of pupils in his class attain the age of eight and ending at the same time as the school year in which the majority of pupils in his class attain the age of eleven (“the second key stage”),

(c) the period beginning at the same time as the school year in which the majority of pupils in his class attain the age of twelve and ending at the same time as the school year in which the majority of pupils in his class attain the age of fourteen (“the third key stage”), and

(d) the period beginning at the same time as the school year in which the majority of pupils in his class attain the age of fifteen and ending at the same time as the school year in which the majority of pupils in his class cease to be of compulsory school age (“the fourth key stage”).

(2) The head teacher of a school may elect, in relation to a particular pupil and a particular subject, that subsection (1) shall have effect as if any reference to the school year in which the majority of pupils in that pupil’s class attain a particular age were a reference to the school year in which that pupil attains that age.

(3) If at any time, in the case of a pupil of compulsory school age, subsection (1) does not, apart from this subsection, apply to determine the period within which that time falls, that subsection shall have effect as if—

(a) in the case of paragraphs (a) to (c), any reference to the school year in which the majority of pupils in that pupil’s class attain a particular age were a reference to the school year in which that pupil attains that age, and

(b) in the case of paragraph (d), the period were a period beginning at the same time as the school year in which he attains the age of fifteen and ending when he ceases to be of compulsory school age.

(4) The Secretary of State may by order—

(a) provide that, in relation to any subject specified in the order, subsection (1) shall have effect as if for the ages of seven and eight there specified there were substituted such other ages (less than eleven and twelve respectively) as may be specified in the order, or

(b) amend subsections (1) to (3).

(5) In this section “class”, in relation to a particular pupil and a particular subject, means—

(a) the teaching group in which he is regularly taught in that subject, or

(b) where there are two or more such groups, such one of them as may be designated by the head teacher of the school.

F22 83 Curriculum requirements for foundation stage E+W

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Textual Amendments

F22 S. 83 repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 9, Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

84 Curriculum requirements for first, second and third key stages E+W

(1) For the first, second and third key stages, the National Curriculum for England shall comprise the core and other foundation subjects specified in subsections (2) and (3), and shall specify attainment targets, programmes of study and assessment arrangements in relation to each of those subjects for each of those stages.

(2) The following are the core subjects for the first, second and third key stages—

(a) mathematics,

(b) English, and

(c) science.

(3) The following are the other foundation subjects for the first, second and third key stages—

(a) design and technology,

[F23 (b) computing,]

(c) physical education,

(d) history,

(e) geography,

(f) art and design,

(g) music,

[F24 (ga) in relation to the second key stage, a foreign language,] and

(h) in relation to the third key stage—

(i) citizenship, and

(ii) a modern foreign language.

[F25 (A4) In paragraph (ga) of subsection (3) “foreign language” means –

(a) a foreign language specified in an order made by the Secretary of State for the purposes of this subsection, or

(b) if the order provides that any foreign language is a foreign language for the purposes of this subsection, any foreign language;

(4) In sub-paragraph (ii) of subsection (3)(h) “modern foreign language” means –

(a) a modern foreign language specified in an order made by the Secretary of State for the purposes of this subsection, or

(b) if the order provides that any modern foreign language is a modern foreign language for the purposes of this subsection, any modern foreign language.]

(5) An order under subsection [F26 (A4) or] (4) may—

(a) specify circumstances in which a language is not to be treated as a foundation subject, and

(b) provide for the determination under the order of any question arising as to whether a particular language is a [F27 foreign language or modern foreign language, as the case may be].

(6) The Secretary of State may by order amend subsections (2) to (5).

Textual Amendments

F23 S. 84(3)(b) substituted (1.9.2014) by The Education (Amendment of the Curriculum Requirements) (England) Order 2013 (S.I. 2013/2092), arts. 1, 2

F24 S. 84(3)(ga) inserted (1.9.2014) by The Education (Amendment of the Curriculum Requirements for Second Key Stage) (England) Order 2013 (S.I. 2013/2093), arts. 1, 2(a)

F25 S. 84(A4)(4) substituted for s. 84(4) (1.9.2014) by The Education (Amendment of the Curriculum Requirements for Second Key Stage) (England) Order 2013 (S.I. 2013/2093), arts. 1, 2(b)

F26 Words in s. 84(5) inserted (1.9.2014) by The Education (Amendment of the Curriculum Requirements for Second Key Stage) (England) Order 2013 (S.I. 2013/2093), arts. 1, 2(c)

F27 Words in s. 84(5)(b) substituted (1.9.2014) by The Education (Amendment of the Curriculum Requirements for Second Key Stage) (England) Order 2013 (S.I. 2013/2093), arts. 1, 2(d)

[F29 85 F28 Curriculum requirements for fourth key stage E+W

(1) For the fourth key stage, the National Curriculum for England shall comprise the core and other foundation subjects and the elements referred to in subsection (5).

(2) The National Curriculum for England shall specify programmes of study in relation to each of the core and other foundation subjects for the fourth key stage.

(3) The following are the core subjects for the fourth key stage—

(a) mathematics,

(b) English, and

(c) science.

(4) The following are the other foundation subjects for the fourth key stage—

[F30 (a) computing,]

(b) physical education, and

(c) citizenship.

(5) The elements for the fourth key stage referred to in subsection (1) are—

F31 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in relation to any pupil who so elects, one subject from each of such one or more of the four entitlement areas specified below as the pupil may elect.

(6) Those entitlement areas are—

(a) arts, comprising—

(i) art and design,

(ii) music,

(iii) dance,

(iv) drama, and

(v) media arts,

(b) design and technology (comprising only that subject),

(c) humanities, comprising—

(i) geography, and

(ii) history, and

(d) modern foreign languages, comprising any modern foreign language specified in an order made by the Secretary of State or, if the order so specifies, any modern foreign language.

(7) An order under subsection (6)(d) may—

(a) specify circumstances in which a language is not to be treated as falling within subsection (6)(d), and

(b) provide for the determination under the order of any question arising as to whether a particular language is a modern foreign language.

(8) A pupil in the fourth key stage shall, if he so elects, be entitled to follow a course of study in a subject within each of the four entitlement areas specified in subsection (6); but this entitlement is satisfied where one subject within each of those entitlement areas is made available to him by or on behalf of the school at which he is a registered pupil.

(9) In the exercise of their functions under this Part by virtue of this section, a [F6 local authority], governing body or head teacher shall have regard to any guidance relating to F32 ... the entitlement areas which is issued from time to time by the [F33 Secretary of State].

(10) In this section—

• “course of study” means a course of education or training which leads to a qualification approved under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act;

• F34 ...]

Textual Amendments

F6 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)

F28 S. 85 amendment to earlier affecting provision 2006 c. 40 s. 74(1) (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 20(a); S.I. 2012/924, art. 2

F29 S. 85 substituted (E.) (15.11.2003) by Education (Amendment of the Curriculum Requirements for Fourth Key Stage) (England) Order 2003 (S.I. 2003/2946), arts. 1(2), 2 (with art. 3)

F30 S. 85(4)(a) substituted (1.9.2014) by The Education (Amendment of the Curriculum Requirements) (England) Order 2013 (S.I. 2013/2092), arts. 1, 3

F31 S. 85(5)(a) omitted (1.9.2012) by virtue of The Education (Amendment of the Curriculum Requirements for Fourth Key Stage) (England) Order 2012 (S.I. 2012/2056), arts. 1, 2(a)

F32 Words in s. 85(9) omitted (1.9.2012) by virtue of The Education (Amendment of the Curriculum Requirements for Fourth Key Stage) (England) Order 2012 (S.I. 2012/2056), arts. 1, 2(b)

F33 Words in s. 85(9) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 12; S.I. 2012/924, art. 2

F34 Words in s. 85(10) omitted (1.9.2012) by virtue of The Education (Amendment of the Curriculum Requirements for Fourth Key Stage) (England) Order 2012 (S.I. 2012/2056), arts. 1, 2(c)

Modifications etc. (not altering text)

C6 S. 85 applied by 1989 c. 41, Sch. 2 para. 19(6) (as amended (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 72(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o) (as amended (15.10.2005) by S.I. 2005/2897, art. 14(3)))

C7 S. 85 modified (temp.) (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 74(4), 188(3) (with s. 74(5)); S.I. 2007/935, art. 5(k)

C8 S. 85(9) modified (temp.) by 2009 c. 22 Sch. 12 para. 33 (as amended) (30.3.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 3 and Transitional and Transitory Provisions) and (Commencement No. 2 (Amendment)) Order 2010 (S.I. 2010/1151), art. 21

86 Power to alter or remove requirements for fourth key stage E+W

The Secretary of State may by order—

(a) amend any provision of section 85, or

(b) provide that, while the order remains in force, that section is not to have effect.

87 Establishment of the National Curriculum for England by order E+W

[F35 (1) The Secretary of State shall so exercise the powers conferred by subsection (3) as to revise the National Curriculum for England whenever he considers it necessary or expedient to do so.]

F36 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In respect of the first, second and third key stages and (subject to section 86) the fourth key stage, the Secretary of State may by order specify in relation to each of the foundation subjects—

(a) such attainment targets,

(b) such programmes of study, and

(c) such assessment arrangements,

as he considers appropriate for that subject.

(4) An order under subsection F37 ... (3) may not require—

(a) the allocation of any particular period or periods of time during F38 ... any key stage to the teaching of any F38 ... programme of study or any matter, skill or process forming part of it, or

(b) the making in school timetables F39 ... of provision of any particular kind for the periods to be allocated to such teaching during any such stage.

(5) An order under subsection F40 ... (3) may, instead of containing the provisions to be made, refer to provisions in a document [F41 published by a person, and in the manner, specified] in the order and direct that those provisions are to have effect or, as the case may be, are to have effect as amended by the order.

F42 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F43 (6A) Before making an order under subsection (3)(c) the Secretary of State—

(a) shall consult the Office of Qualifications and Examinations Regulation, and

(b) may consult such other persons as the Secretary of State considers appropriate.]

(7) An order under subsection (3)(c) may confer or impose such functions on—

(a) the governing body and head teacher, F44 ...

(b) the [F6 local authority],

[F45 (c) F46 ... and

(d) any other person with whom the Secretary of State has made arrangements in connection with the development, implementation or monitoring of assessment arrangements,]

as appear to the Secretary of State to be required.

(8) An order under subsection F47 ... (3)(c) may specify such assessment arrangements as may for the time being be made by a person specified in the order.

[F48 (8A) An order under subsection (3)(c) which includes provision made by virtue of subsection (8) shall provide that before making or revising the assessment arrangements the person specified in the order—

(a) shall consult the Office of Qualifications and Examinations Regulation, and

(b) may consult such other persons as that person considers appropriate.]

F49 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) [F50 The duties that may be imposed by virtue of subsection (7)(a) or (b) include, in relation to persons exercising any function in connection with the moderation or monitoring of assessment arrangements, the duty to permit them—]

(a) to enter premises of the school F51 ...,

(b) to observe implementation of the arrangements, and

(c) to inspect, and take copies of, documents and other articles.

[F52 (11) An order under subsection (3)(c) may authorise a person specified in the order to make delegated supplementary provisions in relation to such matters as may be specified in the order.

(12) In this section “delegated supplementary provisions” means such provisions (other than provisions conferring or imposing functions as mentioned in subsection (7)(a) or (b)) as appear to the authorised person to be expedient for giving full effect to, or otherwise supplementing, the provisions made by the order.

[F53 (12A) An order under subsection (3)(c) which authorises a person to make delegated supplementary provisions shall provide that before making, amending or revoking any such provisions the person so authorised—

(a) shall consult the Office of Qualifications and Examinations Regulation, and

(b) may consult such other persons as that person considers appropriate.]

(13) An order under subsection (3)(c) authorising the making of delegated supplementary provisions may provide that such provisions may be made only with the approval of the Secretary of State.

(14) Any delegated supplementary provisions shall, on being published as specified in the order under which they are made, have effect for the purposes of this Part as if made by the order.]

Textual Amendments

F6 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)

F35 S. 87(1) substituted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 10(2); S.I. 2008/2261, art. 2 (with Sch. 1)

F36 S. 87(2) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 10(3), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F37 Words in s. 87(4) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 10(4)(a), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F38 Words in s. 87(4)(a) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 10(4)(b), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F39 Words in s. 87(4)(b) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 10(4)(c), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F40 Words in s. 87(5) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 10(5), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F41 Words in s. 87(5) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 35(2); S.I. 2010/1151, art. 2, Sch. 1

F42 S. 87(6) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 10(6), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F43 S. 87(6A) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 159(2), 269(4); S.I. 2010/1151, art. 2, Sch. 1 (with arts. 5-20)

F44 Word in s. 87(7)(a) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 35(3)(a), Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1

F45 S. 87(7)(c)(d) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 35(3)(b); S.I. 2010/1151, art. 2, Sch. 1

F46 S. 87(7)(c) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 13; S.I. 2012/924, art. 2

F47 Words in s. 87(8) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 10(7), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F48 S. 87(8A) inserted (1.4.2010 for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 159(3), 269(4); S.I. 2010/1151, art. 2, Sch. 1 (with arts. 5-20)

F49 S. 87(9) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 35(4), Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1

F50 Words in s. 87(10) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 35(5); S.I. 2010/1151, art. 2, Sch. 1

F51 Words in s. 87(10)(a) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 10(8)(b), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F52 S. 87(11)-(14) substituted for s. 87(11) (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 35(6); S.I. 2010/1151, art. 2, Sch. 1

F53 S. 87(12A) inserted (1.4.2010 for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 159(4), 269(4); S.I. 2010/1151, art. 2, Sch. 1 (with arts. 5-20)

88 Implementation of the National Curriculum for England in schools E+W

[F54 (1)] In relation to any maintained school and any school year—

(a) the [F6 local authority] and the governing body shall exercise their functions with a view to securing, and

(b) the head teacher shall secure,

that the National Curriculum for England as subsisting at the beginning of that year is implemented.

[F55 This subsection does not apply in relation to assessment arrangements.]

[F56 (1A) In relation to any maintained school—

(a) the [F6 local authority] and the governing body must exercise their functions with a view to securing, and

(b) the head teacher must secure,

that the assessment arrangements specified for the time being in the National Curriculum for England are implemented.]

Textual Amendments

F6 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)

F54 S. 88(1): s. 88 renumbered as s. 88(1) (26.11.2008) by Education and Skills Act 2008 (c. 25), ss. 156(1), 173(1)(b)

F55 Words in s. 88(1) inserted (26.11.2008) by Education and Skills Act 2008 (c. 25), ss. 156(1), 173(1)(b)

F56 S. 88(1A) inserted (26.11.2008) by Education and Skills Act 2008 (c. 25), ss. 156(2), 173(1)(b)

F57 89 Implementation in respect of nursery schools etc. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F57 S. 89 repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 11, Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

The National Curriculum for England: special cases E+W

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 F58 ... 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 F59 ..., a direction shall not be given under subsection (1) except on an application—

(a) by the governing body with the agreement of the [F6 local authority], [F60 or]

(b) by the [F6 local authority] with the agreement of the governing body, F61 ...

F61 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 bodyF62 ....

(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 on any matters specified by the Secretary of State to—

(a) the Secretary of State, or

[F63 (b) a person designated for the purposes of this subsection by the Secretary of State.]

[F64 (5A) If required by the Secretary of State to do so [F65 a person designated for the purposes of this subsection by the Secretary of State] shall keep under review development work or experiments carried out following a direction given under subsection (1).

F66 (5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5C) A designation under [F67 subsection (5)(b) or (5A)] 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

F6 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)

F58 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)

F59 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)

F60 Word in s. 90(3) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 14(2)(a); S.I. 2012/924, art. 2

F61 S. 90(3)(c) and word omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 14(2)(b); S.I. 2012/924, art. 2

F62 Words in s. 90(4) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 14(3); S.I. 2012/924, art. 2

F63 S. 90(5)(b) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 14(4); S.I. 2012/924, art. 2

F64 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

F65 Words in s. 90(5A) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 14(5); S.I. 2012/924, art. 2

F66 S. 90(5B) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 14(6); S.I. 2012/924, art. 2

F67 Words in s. 90(5C) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 14(7); S.I. 2012/924, art. 2

Modifications etc. (not altering text)

C9 S. 90 applied (with modifications) (25.5.2007) by The School Governance (New Schools) (England) Regulations 2007 (S.I. 2007/958), regs. 1, 30

C10 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)

91 Exceptions by regulations E+W

Regulations may provide that the National Curriculum for England, or such of the provisions of the National Curriculum for England as may be specified in the regulations—

(a) shall not apply, or

(b) shall apply with such modifications as may be specified in the regulations,

in such cases or circumstances as may be specified in the regulations.

92 Pupils with [F68 EHC plans] E+W

The special educational provision for any pupil specified in [F69 an EHC plan maintained for the pupil] may include provision—

(a) excluding the application of the National Curriculum for England, or

(b) applying the National Curriculum for England with such modifications as may be specified in [F70 the plan].

Textual Amendments

F68 Words in s. 92 substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 77(c); S.I. 2014/889, art. 7(a)

F69 Words in s. 92 substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 77(a); S.I. 2014/889, art. 7(a)

F70 Words in s. 92 substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 77(b); S.I. 2014/889, art. 7(a)

[F71 92A Pupils with Individual Development Plans E+W

The additional learning provision described in an individual development plan prepared or maintained by a local authority in Wales under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 may include provision—

(a) excluding the application of the National Curriculum for England, or

(b) applying the National Curriculum for England with such modifications as may be specified in the plan.]

Textual Amendments

F71 S. 92A inserted (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 5(4)

93 Temporary exceptions for individual pupils E+W

(1) Regulations may enable the head teacher of a maintained school F72 ..., in such cases or circumstances and subject to such conditions as may be prescribed, to direct in respect of a registered pupil at the school that, for such period as may be specified in the direction (the “operative period” of 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) The conditions prescribed by the regulations shall, in particular, limit the operative period that may be specified in a direction to a maximum period specified in the regulations.

(3) Any maximum period specified (whether in relation to directions given under the regulations or in relation to directions given under the regulations in circumstances specified in the regulations) shall be either—

(a) a fixed period not exceeding six months, or

(b) a period determinable (in such manner as may be specified in the regulations) not later than six months from its beginning.

(4) Any maximum period so specified may, without prejudice to the generality of section 210(7) (which provides that regulations under this Act may make different provision for different cases or circumstances etc.), differ according to whether or not the direction in question is given in respect of a period beginning—

(a) immediately after the end of the operative period of a previous direction, or

(b) within such period after the end of the operative period of a previous direction as may be specified in the regulations.

(5) The regulations may enable the head teacher of a maintained school F73 ..., in such cases or circumstances and subject to such conditions as may be prescribed—

(a) to revoke any direction given by him under the regulations, and

(b) to vary such a direction, except so as to extend its operative period.

(6) Before making any regulations under this section, the Secretary of State shall consult with any persons with whom consultation appears to him to be desirable.

Textual Amendments

F72 Words in s. 93(1) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 13, Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F73 Words in s. 93(5) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 13, Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

94 Information concerning directions under section 93 E+W

(1) Where a head teacher gives or varies a direction under regulations made under section 93, he shall, in such manner as may be prescribed, give the information mentioned in subsection (2)—

(a) to the governing body, and

(b) to the [F6 local authority] by whom the school is maintained,

and shall take such steps as may be prescribed to give that information also to a parent of the pupil concerned.

(2) That information is—

(a) the fact that he has taken the action in question, its effect and his reasons for taking it,

(b) the provision that is being or is to be made for the pupil’s education during the operative period of the direction, and

(c) either a description of the manner in which he proposes to secure the full implementation of the National Curriculum for England in relation to the pupil after the end of that period, or an indication that he has the opinion mentioned in subsection (3).

(3) That opinion is that the pupil has or probably has special educational needs [F74 and the responsible authority ought to be required to secure an EHC needs assessment for the pupil under section 36 of the Children and Families Act 2014 (or, if an EHC plan is maintained for the pupil, a re-assessment under section 44 of that Act).]

(4) Where—

(a) the head teacher of a maintained school F75 ... includes an indication of any such opinion in information given under subsection (1), and

(b) the [F6 local authority] by whom the school is maintained are not the responsible authority in relation to the pupil in question,

the head teacher shall also give that information, in such manner as may be prescribed, to the responsible authority.

(5) Where the responsible authority receive information given to them under subsection (1) or (4) which includes an indication that the head teacher has the opinion mentioned in subsection (3), they shall [F76 make a determination in respect of the pupil under section 36(3) of the Children and Families Act 2014 (or, if an EHC plan is maintained for the pupil, under that section as it applies to re-assessments by virtue of regulations under section 44(7)). ]

(6) In this section “the responsible authority”, in relation to a pupil, means the [F6 local authority] responsible for him for the purposes of [F77 Part 3 of the Children and Families Act 2014 (see section 24 of that Act)].

Textual Amendments

F6 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)

F74 Words in s. 94(3) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 78(2); S.I. 2014/889, art. 7(a)

F75 Words in s. 94(4)(a) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 14, Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F76 Words in s. 94(5) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 78(3); S.I. 2014/889, art. 7(a)

F77 Words in s. 94(6) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 78(4); S.I. 2014/889, art. 7(a)

95 Appeals against directions under section 93 etc. E+W

(1) Where a head teacher—

(a) gives, revokes or varies a direction under regulations made under section 93,

(b) refuses to give, revoke or vary such a direction in response to a request made, in such manner and circumstances as may be prescribed by the regulations, by the parent of a registered pupil at the school, or

(c) following the making of such a request, fails within such period as may be prescribed by the regulations to give, revoke or vary such a direction in accordance with the request,

the parent of the pupil concerned may appeal to the governing body.

(2) On such an appeal, the governing body may—

(a) confirm the head teacher’s action, or

(b) direct the head teacher to take such action authorised by the regulations as they consider appropriate in the circumstances.

(3) The head teacher shall comply with any directions of the governing body given under subsection (2)(b).

(4) The governing body shall notify the appellant and the head teacher in writing of their decision on such an appeal.

Modifications etc. (not altering text)

C11 S. 95 modified (31.3.2004) by The Blackburn with Darwen (Maintained Nursery School Governance) Order 2004 (S.I. 2004/657), arts. 1(1), 3(j)

Supplementary provisions E+W

[F78 96 Procedure for making certain orders and regulations E+W

(1) This section applies where the Secretary of State proposes to make—

(a) an order under section 82(4), 84(6) or 87(3)(a) or (b), or

(b) regulations under section 91.

(2) The Secretary of State must give notice of the proposal to such of the following as appear to the Secretary of State to be concerned with the proposal—

(a) associations of local authorities,

(b) bodies representing the interests of school governing bodies, and

(c) organisations representing school teachers.

(3) The Secretary of State must also give notice of the proposal to any other persons with whom consultation appears to the Secretary of State to be desirable.

(4) The Secretary of State must give the bodies and other persons mentioned in subsections (2) and (3) a reasonable opportunity of submitting evidence and representations as to the issues arising from the proposal.

(5) After considering any evidence and representations submitted in pursuance of subsection (4), the Secretary of State must publish, in such manner as, in the Secretary of State's opinion, is likely to bring them to the notice of persons with a special interest in education—

(a) a draft of the proposed order or regulations and any associated document, and

(b) a summary of the views expressed during the consultation.

(6) The Secretary of State must allow a period of at least one month beginning with the publication of the draft of the proposed order or regulations for the submission of any further evidence and representations as to the issues arising.

(7) When the period allowed has expired, the Secretary of State may make the order or regulations, with or without modifications.]

Textual Amendments

F78 S. 96 substituted (15.1.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 15; S.I. 2012/84, art. 2