Citation, commencement, interpretation and application

1. —(1) This Order may be cited as the Education (National Curriculum) (Modern Foreign Languages) (England) Order 2004 and shall come into force on 1st August 2004.

(2) In this Order—

“the 2002 Act” means the Education Act 2002;

a reference to the third key stage is a reference to the period set out in section 82(1)(c) of the Education Act 2002;

a reference to relevant pupils is a reference to pupils in the third key stage in respect of whom there is a requirement to study a modern foreign language as a foundation subject; and

a reference to an official language of the European Union is to a language specified as an official language of the institutions of the European Union by Article 1 of EEC Council Regulation No.1 of April 15, 1958( 2 ).

(3) This Order applies to maintained schools in England.

Revocation of Orders

2. The following Orders are hereby revoked with respect to England —

(a) The Education (National Curriculum) (Modern Foreign Languages) Order 1991( 3 ); and

(b) The Education (National Curriculum) (Modern Foreign Languages) (Amendment) Order 1994( 4 ).

Modern foreign language as a foundation subject at the third key stage

3. A language is a modern foreign language for the purpose of section 84(4) of the 2002 Act if —

(a) the language is an official language of the European Union; or

(b) the language is a modern foreign language taught at a school that also offers relevant pupils the opportunity of studying one or more of the official languages of the European Union for the purposes of the National Curriculum at the third key stage.