Education Act 1997

16 Adoption of baseline assessment schemes. E+W

(1) The governing body of each maintained primary school with pupils who are required to be assessed under section 17 shall adopt a baseline assessment scheme for the school in accordance with the following provisions of this section; but subsections (2) to (5) below have effect subject to subsection (6).

(2) A baseline assessment scheme may be so adopted if (and only if) the scheme has been accredited by a designated body in accordance with criteria determined with the approval of the Secretary of State, and published, by that body.

(3) A local education authority may prepare, and seek accreditation of, a baseline assessment scheme with a view to its being adopted by the governing bodies of primary schools maintained by the authority.

(4) Each local education authority shall select an accredited baseline assessment scheme which they consider suitable to be so adopted (and which may be a scheme prepared by them under subsection (3)).

(5) However, in the case of any particular maintained primary school, the baseline assessment scheme which is to be adopted for the school under this section by its governing body shall be such scheme to which subsection (2) applies as is chosen—

(a) by the head teacher after consulting the governing body; or

(b) if such a scheme is not so chosen by him within a reasonable time, by the governing body;

and, when choosing the scheme to be adopted for [F1 a maintained primary school,] the head teacher or (as the case may be) the governing body shall ensure that the scheme selected by the authority under subsection (4) is considered (whether on its own or with any other schemes).

(6) The Secretary of State may by order require the governing body of each maintained primary school with pupils who are required to be assessed under section 17 to adopt for their school such baseline assessment scheme as is referred to in the order; and so long as any such order is in force subsections (2) to (5) above shall not apply.

Textual Amendments

F1 Words in s. 16(5) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.210 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1

Modifications etc. (not altering text)

C1 S. 16: functions of a local education authority made exercisable (E.) (1.4.2002) by authorised persons by Contracting Out (Local Education Authority Functions) (England) Order 2002 (S.I. 2002/928), art. 3, Sch. 3(h)

Commencement Information

I1 S. 16 wholly in force at 1.4.1999; s. 16 not in force at Royal Assent see s. 58(3); s. 16(2)(3)(6) in force at 1.11.1997 and s.16(4) in force at 1.11.1997 in its application to England by S.I. 1997/1468, art. 2, Sch. 1 Pt. IV; s. 16(1)(5) in force at 1.4.1998 to the extent to which those subsections apply to England and s. 16(4) in force at 1.11.1998 to the extent to which that subsection applies to Wales and s. 16(1)(5) in force at 1.4.1999 to the extent to which those subsections apply to Wales by S.I. 1998/386, art. 2, Sch. 1 Pts. II, V, VI