Education Act 2002

87 Establishment of the National Curriculum for England by orderE+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 [F7published by a person, and in the manner, 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.

F8(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(6A)Before making an order under subsection (3)(c) the Secretary of State—

(a)shall consult the Office of Qualifications and Examinations Regulation, and

(b)may consult such other persons as the Secretary of State considers appropriate.]

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

(a)the governing body and head teacher, F10...

(b)the [F11local authority],

[F12(c)F13... and

(d)any other person with whom the Secretary of State has made arrangements in connection with the development, implementation or monitoring of assessment arrangements,]

as appear to the Secretary of State to be required.

(8)An order under subsection F14... (3)(c) may specify such assessment arrangements as may for the time being be made by a person specified in the order.

[F15(8A)An order under subsection (3)(c) which includes provision made by virtue of subsection (8) shall provide that before making or revising the assessment arrangements the person specified in the order—

(a)shall consult the Office of Qualifications and Examinations Regulation, and

(b)may consult such other persons as that person considers appropriate.]

F16(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)[F17The duties that may be imposed by virtue of subsection (7)(a) or (b) include, in relation to persons exercising any function in connection with the moderation or monitoring of assessment arrangements, the duty to permit them—]

(a)to enter premises of the school F18...,

(b)to observe implementation of the arrangements, and

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

[F19(11)An order under subsection (3)(c) may authorise a person specified in the order to make delegated supplementary provisions in relation to such matters as may be specified in the order.

(12)In this section “delegated supplementary provisions” means such provisions (other than provisions conferring or imposing functions as mentioned in subsection (7)(a) or (b)) as appear to the authorised person to be expedient for giving full effect to, or otherwise supplementing, the provisions made by the order.

[F20(12A)An order under subsection (3)(c) which authorises a person to make delegated supplementary provisions shall provide that before making, amending or revoking any such provisions the person so authorised—

(a)shall consult the Office of Qualifications and Examinations Regulation, and

(b)may consult such other persons as that person considers appropriate.]

(13)An order under subsection (3)(c) authorising the making of delegated supplementary provisions may provide that such provisions may be made only with the approval of the Secretary of State.

(14)Any delegated supplementary provisions shall, on being published as specified in the order under which they are made, have effect for the purposes of this Part as if made by the order.]