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The Education (National Curriculum) (Assessment Arrangements for English, Welsh, Mathematics and Science) (Key Stage 1) (Wales) Order 1991
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Pupils not subject to provisions of the National Curriculum
9.—(1) Articles 7 and 8 shall have effect in relation to pupils in maintained schools as respects whom the provisions of the National Curriculum do not apply (including pupils with statements of special educational needs) with the modifications specified in this article.
(2) Where one third or fewer of the attainment targets in a profile component do not apply to such a pupil, article 7 shall have effect as if the number of attainment targets applying to the pupil were the total number of attainment targets in that profile component.
(3) Where more than one third of the attainment targets in a profile component do not apply to such a pupil, article 7 shall not apply for the purpose of determining the pupil’s profile component level of attainment.
(4) Where by virtue of paragraph (3) one or more profile component levels of attainment cannot be determined, paragraphs (1)-(4) of article 8 shall not apply.
(5) If the writing attainment target of the writing profile component in English does not apply to a pupil, articles 7 and 8 shall not apply for the purpose of determining a subject level of attainment in English.
(6) If the writing attainment target in the profile component for Welsh does not apply to a pupil articles 7 and 8 shall not apply for the purpose of determining a subject level of attainment in Welsh.
(7) Article 8(5) shall apply in respect of all levels of attainment in attainment targets, profile components and the relevant subjects which have been assessed in relation to the pupil.
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