Education Act 2002

87 Establishment of the National Curriculum for England by order E+W

[F1 (1) The Secretary of State shall so exercise the powers conferred by subsection (3) as to revise the National Curriculum for England whenever he considers it necessary or expedient to do so.]

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In respect of the first, second and third key stages and (subject to section 86) the fourth key stage, 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.

(4) An order under subsection F3 ... (3) may not require—

(a) the allocation of any particular period or periods of time during F4 ... any key stage to the teaching of any F4 ... programme of study or any matter, skill or process forming part of it, or

(b) the making in school timetables F5 ... of provision of any particular kind for the periods to be allocated to such teaching during any such stage.

(5) An order under subsection F6 ... (3) may, instead of containing the provisions to be made, refer to provisions in a document published 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.

F7 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) An order under subsection (3)(c) may confer or impose such functions on—

(a) the governing body and head teacher, and

(b) the local education authority,

as appear to the Secretary of State to be required.

(8) An order under subsection F8 ... (3)(c) may specify such assessment arrangements as may for the time being be made by a person specified in the order.

(9) 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 any 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.

(10) The duties that may be imposed by virtue of subsection F9 ... (7) include, in relation to persons exercising any power in pursuance of provision made by virtue of subsection (9), the duty to permit them—

(a) to enter premises of the school F10 ...,

(b) to observe implementation of the arrangements, and

(c) to inspect, and take copies of, documents and other articles.

(11) An order under subsection F11 ... (3)(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 F11 ... (7)) as appear to the Secretary of State to be expedient; and any provisions made under such an order shall, on being published as specified in the order, have effect for the purposes of this Part as if made by the order.

Textual Amendments

F1 S. 87(1) substituted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 10(2); S.I. 2008/2261, art. 2 (with Sch. 1)

F2 S. 87(2) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 10(3), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F3 Words in s. 87(4) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 10(4)(a), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F4 Words in s. 87(4)(a) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 10(4)(b), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F5 Words in s. 87(4)(b) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 10(4)(c), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F6 Words in s. 87(5) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 10(5), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F7 S. 87(6) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 10(6), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F8 Words in s. 87(8) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 10(7), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F9 Words in s. 87(10) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 10(8)(a), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F10 Words in s. 87(10)(a) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 10(8)(b), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F11 Words in s. 87(11) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 10(9), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)