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Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“the Act” means the Education Act 1996;

“the associated documents” means the documents published by the Stationery Office, setting out any levels of attainment, attainment targets and end of key stage descriptions in relation to the foundation subjects, which documents have effect by virtue of the respective section 356(2)(a) and (b) orders for those subjects for the time being in force;

“common transfer form” means one of the forms set out in Parts 1 to 4 of Schedule 5 to these Regulations;

“core subjects” means English, mathematics and science;

“curricular record” means a formal record of a pupil’s academic achievements, his other skills and abilities and his progress in school;

“education welfare officer” means any person whose duties include securing the regular attendance at school of pupils of compulsory school age;

“external marking agency” means a body nominated by the Qualifications and Curriculum Authority(1)(or by any successor body to that Authority) and approved by the Secretary of State to mark NC tests;

“foundation subjects” means art, geography, history, a modern foreign language, music, physical education, technology and any core subject;

“GCE ‘A’ level examinations” and “GCE ‘AS’ examinations” mean General Certificate of Education advanced level examinations and General Certficate of Education advanced supplementary examinations respectively;

“GCSE” means the General Certificate of Secondary Education;

“IB” means the International Baccalaureate Diploma;

“institution of further or higher education” means any institution falling within sub-section (10) of section 218 of the Education Reform Act 1988(2);

“key stage” means any of the periods set out in paragraphs (a) to (d) respectively of section 355(1) of the Act, and a reference to the first, second, third or fourth key stage is a reference to the periods set out respectively in the said paragraphs (a) to (d);

“maintained school” means a community, foundation or voluntary school or a community or foundation special school other than such a school which is established in a hospital;

“NC tasks” means National Curriculum standard tasks administered to pupils pursuant to the Education (National Curriculum) Key State 1 Assessment Arrangements) (England) Order 1999(3);

“NC tests” means National Curriculum tests administered to pupils to assess the level of attainment which they have achieved in any core subject being tests laid down in provisions made by The Secretary of State under orders made under section 356(2)(c) of the Act which have been published by the Stationery Office;

“responsible person” means—

(a)

the head teacher of an independent school; or

(b)

the governing body of any other school, or

(c)

the person responsible for the conduct of any institution of further or higher education or other place of education or training to which a pupil transfers or may transfer;

“section 356(2)(a) and (b) orders” means orders made under section 356(2)(a) and (b) of the Act specifying attainment targets and programmes of study;

“school day” means a day on which the school meets;

“stage of SEN” means the stage of special educational needs as described in the Code of Practice on the Identification and Assessment of Special Educational Needs issued, and from time to time revised, under section 313 of the Act(4);

“the statutory arrangements” means assessment arrangements specified by orders made under section 356(2)(c) of the Act;

“teacher assessment” means assessment of a pupil’s level of attainment in an attainment target or foundation subject by the pupil’s teacher as specified in the statutory arrangements;

“unique pupil number” means a combination of numbers which together with a letter or letters are allocated to a pupil and are particular to him, by use of a formula determined by the Department for Education and Employment.

“vocational qualification” includes a credit towards such a qualification;

“the 1999 (Key Stage 1) Order” means the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 1999(5);

“the 1999 (Key Stage 2) Order” means the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 1999(6); and

“the 1999 (Key Stage 3) Order” means the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 1999(7).

(2) In these Regulations references to levels, attainment targets and end of key stage descriptions are references to, respectively, the levels of attainment, attainment targets and end of key stage descriptions set out in the associated documents.

(3) In these Regulations, unless the context otherwise requires, any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number.

(1)

The Qualifications and Curriculum Authority was established under section 21 of the Education Act 1997 (c. 44).

(2)

1988 c. 40. Section 10 of section 218 was amended by paragraph 49 of Schedule 8 to the Further and Higher Education Act 1992 (c. 13).

(3)

S.I. 1999/1236 as amended by S.I. 1999/2187.

(4)

ISBN 0 85522 444 4. The Code of Practice originally issued under section 157 of the Education Act 1993 (c. 35) continues to have effect by virtue of the 1996 Act, Schedule 39, paragraph 1.

(5)

S.I. 1999/1236, amended by S.I. 1999/2187.

(6)

S.I. 1999/2188.

(7)

S.I. 1999/2189.