In section 21 of the Education Reform Act 1988, for subsections (2) and (3) there are substituted—
“(2)The Secretary of State shall refer the proposal to the Curriculum Council for Wales (in this section referred to as “the Council”) and give to it directions as to the time within which it is to report to him.
(3)The Council shall give notice of the proposal—
(a)to such associations of local education authorities, bodies representing the interests of school governing bodies and organisations representing school teachers as appear to it to be concerned; and
(b)to any other persons with whom consultation appears to it to be desirable;
and afford them a reasonable opportunity of submitting evidence and representations as to the issues arising.
(3A)The report of the Council to the Secretary of State shall contain—
(a)a summary of the views expressed during the consultations;
(b)its recommendations as to the proposal; and
(c)such other advice relating to the proposal as it thinks fit;
and the Council shall, after submitting its report to the Secretary of State, arrange for the report to be published.
(3B)Where the Council has reported to the Secretary of State, he shall—
(a)publish in such manner as, in his opinion, is likely to bring them to the notice of persons having a special interest in education—
(i)a draft of the proposed order or regulations and any associated document; and
(ii)a statement explaining his reasons for any failure to give effect to the recommendations of the Council;
(b)send copies of the documents mentioned in paragraph (a) above to the Council and to each of the persons consulted by the Council; and
(c)allow a period of not less than one month for the submission of evidence and representations with respect to the issues arising.”
Commencement Information
I1S. 243 wholly in force at 1.10.1993 see s. 308(3) and S.I. 1993/1975, art. 9, Sch. 1
(1)In section 2 of the Education Reform Act 1988 (the National Curriculum) in subsection (2)(c) (arrangements for assessing pupils at or near the end of each key stage) for “at or near the end” there is substituted “ in respect ”.
(2)After section 3(5) of that Act (power of head teacher to determine key stage for a particular pupil) there is inserted—
“(5A)If at any time, in the case of a pupil of compulsory school age, subsection (3) above 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 attained a particular age were a reference to the school year in which that pupil attained 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 attained the age of fifteen and ending when he ceases to be of compulsory school age.”
(3)At the end of section 3(6) of that Act (interpretation) there is added— “and
“school year” means the period beginning with the first school term to begin after July and ending with the beginning of the next school year.”
(4)In section 4 of that Act (duty to establish National Curriculum by order) for subsection (5) there is substituted—
“(5)An order under subsection (2)(c) above—
(a)may confer or impose such functions on the governing body and the head teacher and (in the case of maintained schools) on the local education authority as appear to the Secretary of State to be required, and
(b)may specify any such assessment arrangements as may for the time being be made by a person specified in the order.
(6)Provision shall be made for determining the extent to which any assessment arrangements, and the implementation of the arrangements, achieve the purpose for which the arrangements are made; and such provision may be made by or under the order specifying the arrangements or (where the order specifies the person making the arrangements) in the arrangements themselves.
(7)The duties that may be imposed by virtue of subsection (5)(a) above include, in relation to persons exercising power in pursuance of provision made by virtue of subsection (6) above, the duty to permit them—
(a)to enter the premises of the school,
(b)to observe the implementation of the arrangements, and
(c)to inspect, and take copies of, documents and other articles.
(8)An order under subsection (2)(c) above may authorise the making of such provisions giving full effect to or otherwise supplementing the provisions made by the order (other than provisions conferring or imposing functions as mentioned in subsection (5)(a) above) as appear to the Secretary of State to be expedient; and any provision made under such an order shall, on being published by Her Majesty’s Stationery Office, have effect for the purposes of this Chapter as if made by the order.”
(5)In section 117 of that Act (obligation to enter pupils for prescribed examinations), at the end of subsection (2) (exceptions) there is added “ but this subsection does not apply to an examination which is part of the assessment arrangements for key stage four and applies in the case of that pupil; and in this subsection, in relation to that pupil, “assessment arrangements” has the meaning given by section 2(2)(c) of this Act and “key stage four” means the period referred to in section 3(3)(d) of this Act ”.
In section 21 of the Education Reform Act 1988, for subsections (2) and (3) there are substituted—
“(2)The Secretary of State shall refer the proposal to the Curriculum Council for Wales (in this section referred to as “the Council”) and give to it directions as to the time within which it is to report to him.
(3)The Council shall give notice of the proposal—
(a)to such associations of local education authorities, bodies representing the interests of school governing bodies and organisations representing school teachers as appear to it to be concerned; and
(b)to any other persons with whom consultation appears to it to be desirable;
and afford them a reasonable opportunity of submitting evidence and representations as to the issues arising.
(3A)The report of the Council to the Secretary of State shall contain—
(a)a summary of the views expressed during the consultations;
(b)its recommendations as to the proposal; and
(c)such other advice relating to the proposal as it thinks fit;
and the Council shall, after submitting its report to the Secretary of State, arrange for the report to be published.
(3B)Where the Council has reported to the Secretary of State, he shall—
(a)publish in such manner as, in his opinion, is likely to bring them to the notice of persons having a special interest in education—
(i)a draft of the proposed order or regulations and any associated document; and
(ii)a statement explaining his reasons for any failure to give effect to the recommendations of the Council;
(b)send copies of the documents mentioned in paragraph (a) above to the Council and to each of the persons consulted by the Council; and
(c)allow a period of not less than one month for the submission of evidence and representations with respect to the issues arising.”
Commencement Information
I1S. 243 wholly in force at 1.10.1993 see s. 308(3) and S.I. 1993/1975, art. 9, Sch. 1