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Education Act 2002, Section 90 is up to date with all changes known to be in force on or before 23 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(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 or maintained nursery school that, for such period as may be specified in the direction, the National Curriculum for England—
(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 a community, voluntary controlled or community special school or a maintained nursery 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 Qualifications and Curriculum Authority with the agreement of both the local education authority and the governing body.
(4)In the case of a 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 Qualifications and 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).
Modifications etc. (not altering text)
C1S. 90(3) modified (31.3.2004) by The Blackburn with Darwen (Maintained Nursery School Governance) Order 2004 (S.I. 2004/657), arts. 1(1), 3(i)
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