Education Act 1996

356 Establishment of the National Curriculum by order. E+W

[F1 (1) The Secretary of State shall so exercise the powers conferred by subsection (2) as to—

(a) establish a complete National Curriculum as soon as is reasonably practicable (taking first the core subjects and then the other foundation subjects), and

(b) revise the National Curriculum whenever he considers it necessary or expedient to do so.

(2) 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.

(3) An order made under subsection (2) may not require—

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

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

(4) An order under subsection (2) may, instead of containing the provisions to be made, refer to provisions in a document published [F2 as 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.

(5) An order under subsection (2)(c)—

(a) may confer or impose such functions on—

(i) the governing body and the head teacher, and

(ii) F3 . . . 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) include, in relation to persons exercising any power in pursuance of provision made by virtue of subsection (6), 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) may authorise the making of such provisions giving full effect to or otherwise supplementing the provisions made by the order (other than provision conferring or imposing functions as mentioned in subsection (5)(a)) as appear to the Secretary of State to be expedient; and any provisions made under such an order shall, on being published [F2 as specified in the order], have effect for the purposes of this Part as if made by the order.

(9) The Secretary of State shall, in exercising his power under subsection (2), ensure that the subject of science does not include—

(a) Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus,

(b) any other sexually transmitted disease, or

(c) aspects of human sexual behaviour, other than biological aspects.]

Textual Amendments

F1 Ss. 350-369 repealed (1.10.2002 for E., otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3

F2 Words in s. 356(4)(8) substituted (1.10.1998) by 1998 c. 31, s. 140(1), Sch. 30 para. 87(a) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt. I

F3 Words in s. 356(5)(a)(ii) repealed (1.4.1999) by 1998 c. 31, ss. 140(1)(3), Sch. 30 para. 87(b), Sch.31 (with s. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1