Citation, commencement, interpretation and application

1

(1)    This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study) (England) (Amendment) Order 2007 and comes into force on 1st September 2007.

(2)    In this Order, “the principal Orders” means—

(a)    The Education (National Curriculum) (Attainment Targets and Programmes of Study in Music) (England) Order 2000;

(b)    The Education (National Curriculum) (Attainment Targets and Programmes of Study in Mathematics) (England) Order 2000;

(c)    The Education (National Curriculum) (Attainment Targets and Programmes of Study in Information and Communication Technology) (England) Order 2000;

(d)    The Education (National Curriculum) (Attainment Targets and Programmes of Study in Art and Design) (England) Order 2000;

(e)    The Education (National Curriculum) (Attainment Targets and Programmes of Study in Citizenship) (England) Order 2000 (“the Citizenship Order”);

(f)    The Education (National Curriculum) (Attainment Targets and Programmes of Study in English) (England) Order 2000 (“the English Order”);

(g)    The Education (National Curriculum) (Attainment Targets and Programmes of Study in Geography) (England) Order 2000;

(h)    The Education (National Curriculum) (Attainment Targets and Programmes of Study in History) (England) Order 2000;

(i)    The Education (National Curriculum) (Attainment Targets and Programmes of Study in Physical Education) (England) Order 2000;

(j)    The Education (National Curriculum) (Attainment Targets and Programmes of Study in Modern Foreign Languages in respect of the Third Key Stage) (England) (No 2) Order 2004 (“the Modern Foreign Languages Order”);

(k)    The Education (National Curriculum) (Attainment Targets and Programmes of Study in Design and Technology and respect of the First, Second and Third Key Stages) (England) (No 2) Order 2004 (“the Design and Technology Order”); and

(l)    The Education (National Curriculum) (Attainment Targets and Programmes of Study in Science in respect of the First, Second, Third and Fourth Key Stages) (England) (No 2) Order 2004 (“the Science Order”).

(3)    This Order applies in relation to England only.

NOTES
Initial Commencement
Specified date

Specified date: 1 September 2007: see para (1) above.

Amendment of article 1 of the principal Orders

2

Amendment of article 1 of the principal Orders2

(1)    In article 1(2) of each of the principal Orders renumber the definition of “The Document” as sub-paragraph (a).

(2)    In the Modern Foreign Languages Order, the Design and Technology Order and the Science Order, after sub-paragraph (a) as renumbered insert—

“(b)    “P Level Document” means the Document published by the QCA on 24th July 2007 entitled “Performance—P Level—attainment targets for pupils with special educational needs who are working below Level 1 of the National Curriculum”; and

(c)    “Special Educational Needs” is to be interpreted in accordance with section 312 of the Education Act 1996.”.

(3)    In each of the principal Orders other than those referred to in paragraph (2) of this article, after sub-paragraph (a) as renumbered insert—

“(b)    “P Level Document” means the Document published by the Authority on 24th July 2007 entitled “Performance—P Level—attainment targets for pupils with special educational needs who are working below Level 1 of the National Curriculum”; and

(c)    “Special Educational Needs” is to be interpreted in accordance with section 312 of the Education Act 1996.”.

(4)    In article 1(2) of each of the principal Orders to which this paragraph applies, after sub-paragraph (c) insert—

“(d)    “Level 1” is to be interpreted in accordance with the description of performance at Level 1 of the attainment targets contained in the Document”.

(5)    Paragraph (4) applies to each of the principal Orders other than the Citizenship Order.

(6)    In article 1(2) of the Citizenship Order, after sub-paragraph (c) insert—

“(d)    “The attainment target for Citizenship” is the attainment target for key stage 3 described in the Document.”.

NOTES
Initial Commencement
Specified date

Specified date: 1 September 2007: see art 1(1).

Schools94 Education Law94

Amendment of the articles entitled Specification of attainment targets and programmes of study in the principal Orders

3

Amendment of the articles entitled “Specification of attainment targets and programmes of study” in the principal Orders3

(1)    In the Citizenship Order—

(a)    renumber article 2 as article 2(1);

(b)    in article 2(1) as renumbered, before the words “It is hereby directed” insert the words “Subject to the following provisions of this article,”;

(c)    after article 2(1) as renumbered, insert—

“(2)    In relation to any pupil who has special educational needs and who is working below the attainment target for Citizenship, the provisions relating to the P Level attainment targets set out in relation to Citizenship in the P Level Document have effect for the purposes of specifying the attainment targets in relation to the third key stage for that subject.”.

(2)    In the English Order—

(a)    in article 3(1), before the words “The attainment targets” on the first occasion on which they appear, insert the words “Subject to the paragraph (3),”;

(b)    after article 3(2) insert—

“(3)    In relation to any pupil who has special educational needs and who is working below Level 1 of the National Curriculum, the provisions relating to P Level attainment targets set out in relation to English in the P Level Document are specified and have effect as the attainment targets for the first, second and third key stages for that subject.”.

(3)    In the Modern Foreign Languages Order—

(a)    renumber article 3 as article 3(1);

(b)    in article 3(1) as renumbered, before the words “It is hereby directed” insert the words “Subject to the following provisions of this article,”;

(c)    after article 3(1) as renumbered, insert—

“(2)    In relation to any pupil who has special educational needs and who is working below Level 1 of the National Curriculum, the provisions relating to P Level attainment targets set out in relation to Modern Foreign Languages in the P Level Document are specified and have effect as the attainment targets for the third key stage.”.

(4)    In each of the principal Orders other than those referred to in paragraphs (1), (2) and (3)—

(a)    renumber article 3 as article 3(1);

(b)    in article 3(1) as renumbered, before the words “It is hereby directed” insert the words “Subject to the following provisions of this article,”;

(c)    after article 3(1) as renumbered insert—

“(2)    In relation to any pupil who has special educational needs and who is working below Level 1 of the National Curriculum in that subject, the provisions relating to P Level attainment targets set out under the relevant subject heading in the P Level Document are specified and have effect as the attainment targets for the first, second and third key stages in relation to that subject.”.

NOTES
Initial Commencement
Specified date

Specified date: 1 September 2007: see art 1(1).

Examples and other passages in the P Level document

4

Examples and other passages in the P Level document4

(1)    In each of the principal Orders to which this article applies, insert the following after article 3—

“4

The examples and other passages printed in grey text or within square brackets in the P Level Document do not form part of the provisions made by this Order.”.

(2)    This article applies to the following Orders—

(a)    the Modern Foreign Languages Order;

(b)    the Design and Technology Order; and

(c)    the Science Order.

NOTES
Initial Commencement
Specified date

Specified date: 1 September 2007: see art 1(1).

5

5

In article 3 of the Citizenship Order, after the parentheses insert the words “and the P Level Document”.

NOTES
Initial Commencement
Specified date

Specified date: 1 September 2007: see art 1(1).

6

6

(1)    In article 4 of each of the principal Orders to which this article applies, after the parentheses insert the words “and the P Level Document”.

(2)    This article applies to each of the principal Orders other than those referred to in articles 4 and 5.

NOTES
Initial Commencement
Specified date

Specified date: 1 September 2007: see art 1(1).

Signature

Signatory text

Andrew Adonis

Parliamentary Under Secretary of State

Department for Children, Schools and Families

26 July 2007

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Order)

This Order amends the following instruments (“the principal Orders”):

(a)    The Education (National Curriculum) (Attainment Targets and Programmes of Study in Music) (England) Order 2000, SI 2000/1597;

(b)    The Education (National Curriculum) (Attainment Targets and Programmes of Study in Mathematics) (England) Order 2000, SI 2000/1598;

(c)    The Education (National Curriculum) (Attainment Targets and Programmes of Study in Information and Communication Technology) (England) Order 2000, SI 2000/1601;

(d)    The Education (National Curriculum) (Attainment Targets and Programmes of Study in Art and Design) (England) Order 2000, SI 2000/1602;

(e)    The Education (National Curriculum) (Attainment Targets and Programmes of Study in Citizenship) (England) Order 2000, SI 2000/1603;

(f)    The Education (National Curriculum) (Attainment Targets and Programmes of Study in English) (England) Order 2000, SI 2000/1604, as amended by SI 2007/1841;

(g)    The Education (National Curriculum) (Attainment Targets and Programmes of Study in Geography) (England) Order 2000, SI 2000/1605;

(h)    The Education (National Curriculum) (Attainment Targets and Programmes of Study in History) (England) Order 2000, SI 2000/1606;

(i)    The Education (National Curriculum) (Attainment Targets and Programmes of Study in Physical Education) (England) Order 2000, SI 2000/1607;

(j)    The Education (National Curriculum) (Attainment Targets and Programmes of Study in Modern Foreign Languages in respect of the Third Key Stage) (England) (No 2) Order 2004, SI 2004/1793;

(k)    The Education (National Curriculum) (Attainment Targets and Programmes of Study in Design and Technology in respect of the First, Second and Third Key Stages) (England) (No 2) Order 2004, SI 2004/1794; and

(l)    The Education (National Curriculum) (Attainment Targets and Programmes of Study in Science in respect of the First, Second, Third and Fourth Key Stages) (England) (No 2) Order 2004, SI 2004/1980.

The amendments made by this Order are as follows:

(a)    the interpretation provisions in the principal Orders are amended to insert definitions for “Special Educational Needs”, “Level 1”, “the attainment target in Citizenship” and the “P Level Document” (article 2).

(b)    for pupils with special educational needs who are working below Level 1 of the National Curriculum (or who are working below the third key stage attainment target in Citizenship), the P Level attainment targets set out in the P Level Document are specified as the attainment targets for the purposes of section 87(3) of the Education Act 2002 (article 3). A copy of the P Level Document, which is published by the QCA, can be accessed at this weblink:

http://www.qca.org.uk/qca_8541.aspx

(c)    articles 4, 5, and 6 make technical changes to the principal Orders which provide that the text printed in greyscale and in square brackets in the P Level Document do not form part statutory provisions.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.