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3.—(1) Subject to paragraph (6), the head teacher of a school designated under sub-paragraph (3)(a) must arrange for each pupil to whom this article applies to take a national reference test in either English language or mathematics but not both.
(2) Subject to paragraph (6), this article applies—
(a)in the 2016-17 school year(1) and every school year after that;
(b)to a pupil in the final year of the fourth key stage; and
(c)if the pupil has been selected by the test supplier by virtue of sub-paragraph (3)(b).
(3) The test supplier must—
(a)designate schools from which pupils will be selected to take a national reference test;
(b)select pupils to take a national reference test from schools which are so designated.
(4) The test supplier must—
(a)notify a school which it has designated under sub-paragraph (3)(a) of the fact of its designation in writing within four weeks of that designation;
(b)notify a school which it has designated under sub-paragraph (3)(a) of the identity of the pupils at that school who have been selected under sub-paragraph (3)(b) in writing within four weeks of that selection.
(5) The head teacher must provide to the test supplier a list of pupils who are in the final year of the fourth key stage at the school within four weeks of receiving the notification under sub-paragraph (4)(a).
(6) The head teacher must consider whether each pupil at the school who has been selected under paragraph (3)(b) should take a national reference test, and if the head teacher decides that a pupil should not do so, this article does not apply to that pupil.
For the definition of school year see section 579 of the Education Act 1996 (c.56).
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