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3.—(1) Subject to paragraph (2), the modern foreign languages listed in the Schedule to this Order are hereby specified as foundation subjects in relation to the third and fourth key stages.
(2) Any language listed in the Schedule which is not an official language of the European Community is not a foundation subject unless the condition set out in paragraph (3) is satisfied.
(3) The condition referred to in paragraph (2) is that the school at which the language is taught also offers all relevant pupils the opportunity of studying one or more of the official languages of the European Community listed in the Schedule for the purposes of the National Curriculum.
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