- Latest available (Revised)
- Original (As enacted)
Education Act 2002, Section 87 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
[F1(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.]
F2(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 F3... (3) may not require—
(a)the allocation of any particular period or periods of time during F4... any key stage to the teaching of any F4... programme of study or any matter, skill or process forming part of it, or
(b)the making in school timetables F5... of provision of any particular kind for the periods to be allocated to such teaching during any such stage.
(5)An order under subsection F6... (3) may, instead of containing the provisions to be made, refer to provisions in a document [F7published 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.
F8(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F9(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, F10...
(b)the [F11local authority],
(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 F14... (3)(c) may specify such assessment arrangements as may for the time being be made by a person specified in the order.
[F15(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.]
F16(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10)[F17The 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 F18...,
(b)to observe implementation of the arrangements, and
(c)to inspect, and take copies of, documents and other articles.
[F19(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.
[F20(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
F1S. 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)
F2S. 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)
F3Words 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)
F4Words 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)
F5Words 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)
F6Words 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)
F7Words 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
F8S. 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)
F9S. 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)
F10Word 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
F11Words 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)
F12S. 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
F13S. 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
F14Words 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)
F15S. 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)
F16S. 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
F17Words 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
F18Words 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)
F19S. 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
F20S. 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)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: