This Statutory Instrument has been printed in substitution of the SI of the same number and is being issued free of charge to all known recipients of that Statutory Instrument.
Statutory Instruments
2012 No. 838
Education, England
The Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) (Amendment) Order 2012
Made
14th March 2012
Coming into force in accordance with regulation 1
The Secretary of State for Education has consulted the Office of Qualifications and Examinations Regulation in accordance with section 87(6A)(a) of the Education Act 2002( 1 ).
The Secretary of State for Education makes the following Order in exercise of the powers in sections 87(3)(c) and 210(7)(a) of the Education Act 2002.
Citation and commencement
1. This Order may be cited as the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) (Amendment) Order 2012 and comes into force on the day after the day on which it is made.
Amendments to the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003
2.The Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003( 2 ) is amended as follows.
3. After article 3(3) (interpretation) insert—
“ (3A) References to a school being designated, or to the head teacher of a school having elected, to administer an externally-marked writing test are references to the school being so designated, or the head teacher having so elected, in accordance with the provisions made by the Secretary of State under article 11. ” .
4. In article 4 (teacher assessment)—
(a) omit paragraph (3); and
(b) for paragraph (5) substitute—
“ (5) In making an assessment of a pupil pursuant to this article, a teacher—
(a) in relation to English writing, must take into account the results of any NC test in English writing administered to the pupil; and
(b) may take into account the results of any previous assessment of the pupil, whether or not made by that teacher. ” .
5. After article 5(4) (NC test assessment) insert—
“ (4ZA) The functions conferred on the head teacher in—
(a) paragraph (3), to provide the pupil’s responses to the NC tests to the external marking agency which is to mark the NC tests; and
(b) in paragraph (4), to provide that agency with a statement,
apply to a pupil in respect of the NC test in English writing only if the pupil’s school has been designated, or the head teacher of the pupil’s school has elected, to administer an externally-marked writing test. ” .
6. After article 6(3) (monitoring of assessment arrangements) insert—
“ (3A) The functions conferred on the monitoring authority by this article apply in respect of the NC test in English writing only if the relevant school has been designated to administer the externally-marked writing test. ” .
7. After article 7(1) (investigation by the Secretary of State and correction of record of results) insert—
“ (1A) Paragraph (1) applies in respect of the NC test in English writing only if the pupil’s school has been designated to administer an externally-marked writing test. ” .
Nick Gibb
Minister of State
Department for Education
14th March 2012
2002 c. 32 . Section 87(6A) was inserted by section 159(1) and (2) of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) .
S.I. 2003/1038 ; relevant amending instruments are S.I. 2009/1585 , 2010/290 , 2010/677 and 2011/2392 .