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Version Superseded: 20/04/2021
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There are currently no known outstanding effects for the The Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2004, Section 5A.
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5A.—(1) The head teacher must—
(a)make arrangements for each pupil to whom this article applies to be assessed by a teacher for the purpose referred to in [F2article 1(2)(c)] in accordance with this article and any delegated supplementary provisions relating to an assessment under this article;
(b)make arrangements for the results of the assessment of each such pupil to be recorded; and
(c)make a declaration to the Secretary of State that the assessment of pupils has been carried out in accordance with this article and those delegated supplementary provisions.
[F3(2) Subject to paragraph (3), this article applies to—
(a)every pupil in the school year in which that pupil attains the age of six; F4...
(b)any pupil, in the school year in which that pupil attains the age of seven—
(i)who was not assessed in the school year in which the pupil attained the age of six; or
(ii)whose results in the assessment in the school year in which the pupil attained the age of six were lower than the level notified to schools by the Secretary of State in relation to that school year [F5; and]
[F6(c)any pupil who in the 2020-21 school year attains the age of seven—
(i)who has already been assessed in the 2020-21 school year under sub-paragraph (b); and
(ii)whose results in that assessment were lower than the level notified to schools by the Secretary of State in relation to that assessment].]
(3) The head teacher must consider whether a pupil falling within paragraph (2)(a) or (b) should not be assessed in accordance with this article and where the head teacher so decides—
(a)this article does not apply to that pupil; and
(b)the head teacher must inform the pupil’s parents prior to the time when the assessment is to be administered that the pupil will not be assessed in that school year.]
Textual Amendments
F1Art. 5A inserted (21.12.2011) by The Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) (Amendment) Order 2011 (S.I. 2011/3057), arts. 1, 4
F2Words in art. 5A(1)(a) substituted (1.9.2020) by The Education (National Curriculum Assessment Arrangements, Attainment Targets and Programmes of Study) and (Pupil Information and School Performance Information) (Amendment) (England) Regulations 2020 (S.I. 2020/844), regs. 1(2), 4(5)(a)
F3Art. 5A(2) substituted (20.6.2013) by The Education (National Curriculum) (Key Stages 1 and 2 Assessment Arrangements) (England) (Amendment) Order 2013 (S.I. 2013/1513), arts. 1, 3(5)
F4Word in art. 5A(2)(a) omitted (1.9.2020) by virtue of The Education (National Curriculum Assessment Arrangements, Attainment Targets and Programmes of Study) and (Pupil Information and School Performance Information) (Amendment) (England) Regulations 2020 (S.I. 2020/844), regs. 1(2), 4(5)(b)(i)
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