Article 11 Supplementary powers of the Secretary of State

England and Wales

F1(1)

The Secretary of State may make such provisions giving full effect to or otherwise supplementing the provisions made by this Order (other than provisions conferring or imposing functions as mentioned in section 87(7) of the Education Act 2002) as appear to him to be expedient, including in particular F2—

(a)

provisions as to NC tests for the purpose mentioned in the definition of such tests in article 3(1);

(F3b)

provisions as to a trial under article 4A and the time when, and manner in which, such a trial is to be administered;

(c)

the circumstances in which the head teacher may decide a pupil should not be assessed under article 4A;

(d)

provisions as to the time when, and manner in which, NC tests are to be administered; and

(e)

provisions designating schools for the purposes of article 4A and 5.

F4(f)

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

F5(1A)

Before making, amending or revoking any provision under this article, the Secretary of State—

(a)

must consult the Office of Qualifications and Examinations Regulation; and

(b)

may consult such other persons as the Secretary of State considers appropriate.

F6(2)

Any provisions made under this article are to be published by F7the Secretary of State F8on a website maintained by the Secretary of State.

Annotations

Textual amendments

F1: Art. 11(1): art. 11 renumbered as art. 11(1) (1.9.2009) by The Education (National Curriculum) (Key Stages 2 and 3 Assessment Arrangements) (England) (Amendment) Order 2009 (S.I. 2009/1585), arts. 1, 2(3)
F2: Art. 11(1)(a)-(c) substituted for words in art. 11 (1.9.2009) by The Education (National Curriculum) (Key Stages 2 and 3 Assessment Arrangements) (England) (Amendment) Order 2009 (S.I. 2009/1585), arts. 1, 2(4)(a)
F3: Art. 11(1)(b)-(e) substituted for art. 11(1)(b)(c) (1.9.2015) by The Education (National Curriculum) (Miscellaneous Amendments) (England) Order 2015 (S.I. 2015/900), arts. 1, 21
F4: Art. 11(1)(d)-(f) omitted (20.6.2013) by virtue of The Education (National Curriculum) (Key Stages 1 and 2 Assessment Arrangements) (England) (Amendment) Order 2013 (S.I. 2013/1513), arts. 1, 2(11)
F5: Art. 11(1A) inserted (1.5.2019) by The Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) (Amendment) Order 2019 (S.I. 2019/854), arts. 1(2), 2(11)
F6: Art. 11(2) inserted (1.9.2009) by The Education (National Curriculum) (Key Stages 2 and 3 Assessment Arrangements) (England) (Amendment) Order 2009 (S.I. 2009/1585), arts. 1, 2(4)(b)
F7: Words in art. 11(2) substituted (1.10.2011) by The Education (National Curriculum) (Key Stages 1, 2 and 3 Assessment Arrangements) (England) (Amendment) Order 2011 (S.I. 2011/2392), arts. 1, 2(8)
F8: Words in art. 11(2) inserted (1.6.2024) by The Education (National Curriculum) (Key Stages 2 and 3 Assessment Arrangements) (England) (Amendment) Order 2024 (S.I. 2024/578), arts. 1(2), 2(3)