Explanatory note

Section 4(1) and (2) of the Education Reform Act 1988 places a duty on the Secretary of State to establish the National Curriculum by specifying by order appropriate attainment targets, programmes of study and assessment arrangements for each of the foundation subjects. Attainment targets and programmes of study for pupils in the third key stage in the core subjects of English, mathematics and science have been specified by the Orders referred to in the second footnote to article 3.

This Order revokes and replaces the Education (National Curriculum) (Assessment Arrangements for English, Mathematics, Science and Technology) (Key Stage 3) Order 1992. It specifies the assessment arrangements for the core subjects in the final year of the third key stage, as they apply to maintained schools in England.

Pupils are to be assessed by their teachers in relation to each attainment target on the basis of school work, and a record of the results, consisting of pupils' levels of attainment, is to be made by no later than two weeks before the end of the summer term (article 4). National Curriculum Tests known as NC Tests published by HMSO on behalf of the Secretary of State are to be administered to pupils and the results recorded (article 5). The marking of the tests is to be verified by the School Examinations and Assessment Council or, following its dissolution, the School Curriculum Assessment Authority (article 6).

Rules are prescribed for calculating levels of attainment in the subjects using levels in each attainment target as determined by teacher assessment (article 7). These rules are modified in the case of pupils to whom provisions of the National Curriculum do not apply (article 8).

The Secretary of State is empowered to issue further documents, including NC tests, to give full effect to the arrangements specified by the Order (article 9).