362 Development work and experiments.E+W
[F1(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 that, for such period as may be specified in the direction, the National Curriculum—
(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 [F2a community, voluntary controlled or community special school], a direction shall not be given under subsection (1) except on an application—
(a)by the governing body with the agreement of the local education authority,
(b)by the local education authority with the agreement of the governing body, or
(c)by the appropriate curriculum authority with the agreement of both the local education authority and the governing body.
(4)In the case of [F3a foundation, voluntary aided or foundation special school], a direction shall not be given under subsection (1) except on an application by the governing body or by the appropriate curriculum authority with the agreement of the governing body.
(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 to the Secretary of State on any matters specified by him.
(6)The Secretary of State may by a direction under this subsection vary or revoke a direction under subsection (1).
(7)In this section “the appropriate curriculum authority” means—
(a)in relation to England, [F4the Qualifications and Curriculum Authority], and
(b)in relation to Wales, [F4the Qualifications, Curriculum and Assessment Authority for Wales].]
Textual Amendments
F1Ss. 350-369 repealed (1.10.2002 for E., otherwise prosp.)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
F2Words in s. 362(3) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 89(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F3Words in s. 362(4) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 89(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F4Words in s. 362(7)(a)(b) substituted (1.10.1997) by 1997 c. 44, s. 57(1), Sch. 7 para. 27(a)(b); S.I. 1997/1468, art. 2, Sch. 1 Pt. III (subject to savings in art. 4, Sch. 2 Pt. I para. 6)