(1)For the purpose of enabling development work or experiments to be carried out, the Secretary of State may direct as respects a particular maintained school that, for such period as may be specified in the direction, the provisions of the National Curriculum—
(a)shall not apply; or
(b)shall apply with such modifications as may be so specified.
(2)A direction under subsection (1) above may apply either generally or in such cases as may be specified in the direction.
(3)A direction shall not be given under subsection (1) above except—
(a)in the case of a county, controlled or maintained special school, on an application—
(i)by the governing body with the agreement of the local education authority;
(ii)by the local education authority with the agreement of the governing body; or
(iii)by the [F1appropriate curriculum authority] with the agreement of both the local education authority and the governing body;
(b)in the case of a grant-maintained, aided or special agreement school, on an application by the governing body or by the [F1appropriate curriculum authority] with the agreement of the governing body.
(4)The Secretary of State may make it a condition of a direction under subsection (1) above 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 to the Secretary of State on any matters specified by him.
(5)The Secretary of State may by a direction under this subsection vary or revoke a direction under subsection (1) above.
[F2(6)In subsection (3) above, “appropriate curriculum authority ” means, in relation to England, the School Curriculum and Assessment Authority and, in relation to Wales, the Curriculum Council for Wales.]
Textual Amendments
F1Words in s. 16(3)(a)(b) substituted (1.10.1993) by 1993 c. 35, s. 307(1), Sch. 19, para. 119(a); S.I. 1993/1975, art.9, Sch. 1
F2S. 16(6) added (1.10.1993) by 1993 c. 35, s. 307(1), Sch. 19, para. 119(b); S.I. 1993/1975, art.9, Sch. 1