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Section 85 Curriculum requirements for fourth key stageF8F1C1C2C3

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

For the fourth key stage, the National Curriculum for England shall comprise the core and other foundation subjects and the elements referred to in subsection (5).

(2)

The National Curriculum for England shall specify programmes of study in relation to each of the core and other foundation subjects for the fourth key stage.

(3)

The following are the core subjects for the fourth key stage—

(a)

mathematics,

(b)

English, and

(c)

science.

(4)

The following are the other foundation subjects for the fourth key stage—

(F2a)

computing,

(b)

physical education, and

(c)

citizenship.

(5)

The elements for the fourth key stage referred to in subsection (1) are—

F3(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

in relation to any pupil who so elects, one subject from each of such one or more of the four entitlement areas specified below as the pupil may elect.

(6)

Those entitlement areas are—

(a)

arts, comprising—

(i)

art and design,

(ii)

music,

(iii)

dance,

(iv)

drama, and

(v)

media arts,

(b)

design and technology (comprising only that subject),

(c)

humanities, comprising—

(i)

geography, and

(ii)

history, and

(d)

modern foreign languages, comprising any modern foreign language specified in an order made by the Secretary of State or, if the order so specifies, any modern foreign language.

(7)

An order under subsection (6)(d) may—

(a)

specify circumstances in which a language is not to be treated as falling within subsection (6)(d), and

(b)

provide for the determination under the order of any question arising as to whether a particular language is a modern foreign language.

(8)

A pupil in the fourth key stage shall, if he so elects, be entitled to follow a course of study in a subject within each of the four entitlement areas specified in subsection (6); but this entitlement is satisfied where one subject within each of those entitlement areas is made available to him by or on behalf of the school at which he is a registered pupil.

(9)

In the exercise of their functions under this Part by virtue of this section, a F4local authority, governing body or head teacher shall have regard to any guidance relating to F5... the entitlement areas which is issued from time to time by the F6Secretary of State.

(10)

In this section—

  • “course of study” means a course of education or training which leads to a qualification approved under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act;

  • F7...

Annotations

Textual amendments

F1

S. 85 substituted (E.) (15.11.2003) by Education (Amendment of the Curriculum Requirements for Fourth Key Stage) (England) Order 2003 (S.I. 2003/2946), arts. 1(2), 2 (with art. 3)

F2

S. 85(4)(a) substituted (1.9.2014) by The Education (Amendment of the Curriculum Requirements) (England) Order 2013 (S.I. 2013/2092), arts. 1, 3

F3

S. 85(5)(a) omitted (1.9.2012) by virtue of The Education (Amendment of the Curriculum Requirements for Fourth Key Stage) (England) Order 2012 (S.I. 2012/2056), arts. 1, 2(a)

F4

Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

F5

Words in s. 85(9) omitted (1.9.2012) by virtue of The Education (Amendment of the Curriculum Requirements for Fourth Key Stage) (England) Order 2012 (S.I. 2012/2056), arts. 1, 2(b)

F6

Words in s. 85(9) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 12; S.I. 2012/924, art. 2

F7

Words in s. 85(10) omitted (1.9.2012) by virtue of The Education (Amendment of the Curriculum Requirements for Fourth Key Stage) (England) Order 2012 (S.I. 2012/2056), arts. 1, 2(c)

F8

S. 85 amendment to earlier affecting provision 2006 c. 40 s. 74(1) (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 20(a); S.I. 2012/924, art. 2

Modifications

C1

S. 85 applied by 1989 c. 41, Sch. 2 para. 19(6) (as amended (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 72(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o) (as amended (15.10.2005) by S.I. 2005/2897, art. 14(3)))

C2

S. 85 modified (temp.) (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 74(4), 188(3) (with s. 74(5)); S.I. 2007/935, art. 5(k)

C3

S. 85(9) modified (temp.) by 2009 c. 22 Sch. 12 para. 33 (as amended) (30.3.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 3 and Transitional and Transitory Provisions) and (Commencement No. 2 (Amendment)) Order 2010 (S.I. 2010/1151), art. 21

Notes on Part 6

Modifications

C1

Pt. 6: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 35(4)(d), 70(2); S.I. 2018/346, reg. 4(f)

C2

Pt. 6: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 34(6)(d), 70(2); S.I. 2018/346, reg. 4(e)

C3

Pt. 6 modified (E.) (temp. from 1.10.2002) by The Education Act 2002 (Modification of Provisions) (England) Regulations 2002 (S.I. 2002/2316), reg. 4