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Education Act 2002

Sections 84 to 86: The key stages in England and the power to alter or remove requirements for the fourth key stage

229.Sections 84 and 85 re-enact sections 353 and 354 of the EA 96, listing the subjects which are compulsory at each key stage and stating that the National Curriculum is to specify attainment targets, programmes of study and assessment arrangements in relation to each subject for each key stage. Section 86 adds a broad power to alter or remove requirements for the fourth key stage.

230.The requirements of the National Curriculum are now described separately in relation to the Foundation stage, key stages 1 to 3 and key stage 4. This will allow for different provisions to apply at each stage. Separating out key stage 4 from the others allows for new requirements for this age group to be introduced in the future.

231.In reproducing in sections 84 and 85 the lists of foundation subjects from section 354 of the EA 96, the reference to “technology” has been replaced by references to “design and technology” and “information and communication technology” (which are the subjects actually taught).

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