Pupils not subject to provisions of the National Curriculum
9.—(1) Article 8 shall have effect in relation to pupils in respect of whom 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 in the case of any core subject one AT does not apply to such a pupil, article 8 shall have effect as if the number of ATs applying to the pupil were the total number of ATs in the subject and the AT which does not apply, and any weighting in respect thereof, were ignored.
(3) Where more than one AT in a core subject does not apply to such a pupil, article 8 shall not apply to him in relation to that subject.