The Education (National Curriculum) (Attainment Targets and Programme of Study in Science in respect of the Third Key Stage) (England) Order 2008

Made3rd July 2008

Laid before Parliament10th July 2008

Coming into force1st August 2008

This Order is made in exercise of the powers conferred by sections 87(3)(a) and (b) and (5) and 210(7) of the Education Act 20021.

In accordance with section 96(2) of that Act, the Secretary of State referred the proposal to make this Order to the Qualifications and Curriculum Authority2 (“the Authority”) and gave them directions as to the time within which they were to report to him.

In accordance with subsection (3) of section 96, the Authority gave notice of the proposal to the bodies and persons mentioned in that subsection and gave them a reasonable opportunity of submitting evidence and representations as to the issues arising3.

The Authority submitted their report to the Secretary of State and arranged for it to be published4 in accordance with section 96(5).

In accordance with section 96(6), the Secretary of State published a draft of the proposed order and the associated document and sent copies to the Authority and all those who were consulted by the Authority.

In accordance with section 96(7), the Secretary of State allowed a period of not less than one month for the submission of evidence and representations as to the issues arising5.

The Secretary of State for Children, Schools and Families now makes the following Order:

Citation, commencement and application1

1

This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programme of Study in Science in respect of the Third Key Stage) (England) Order 2008 and comes into force on 1st August 2008.

2

This Order applies in relation to England only.

Interpretation2

In this Order—

a

“the Key Stage 3 Document” means the document published by the Authority on 30th August 2007 entitled “Science Programme of study: key stage 3”;

b

“level 1 of the National Curriculum levels of attainment” is to be interpreted in accordance with the description of performance at level 1 of the attainment targets contained in the booklet published by the Stationery Office entitled “Science, The National Curriculum for England, Key Stages 1-4”, ISBN 0113700709, as revised in 2004; and

c

“special educational needs” is to be interpreted in accordance with section 312 of the Education Act 19966.

Specification of attainment targets and programmes of study

3

Subject to article 5(2)(b), in relation to any pupil who starts in the third key stage on or after 1st August 2008, it is directed that the provisions relating to attainment targets and the programme of study set out in the Key Stage 3 Document have effect for the purposes of specifying attainment targets and the programme of study for the third key stage in relation to Science.

4

For the purposes of this Order, the examples and other passages printed in grey text or within square brackets in the Key Stage 3 Document (which serve to illustrate the programme of study described therein or relate to background information) do not form part of the provisions relating to attainment targets and the programme of study referred to in article 3.

Revocation and savings5

1

Subject to paragraph (2), the Education (National Curriculum) (Attainment Targets and Programmes in Science in respect of the First, Second, Third and Fourth Key Stages) (England) (No 2) Order 20047 is revoked in so far as it has effect for the purposes of specifying attainment targets and the programme of study for the third key stage in relation to Science.

2

The Education (National Curriculum) (Attainment Targets and Programmes in Science in respect of the First, Second, Third and Fourth Key Stages) (England) (No 2) Order 2004 continues to have effect—

a

in relation to any pupil who started in the third key stage before 1st August 2008, for the purposes of specifying attainment targets and the programme of study for the third key stage in relation to Science; and

b

in relation to any pupil who starts in the third key stage on or after 1st August 2008, has special educational needs and is working below level 1 of the National Curriculum levels of attainment, for the purposes of specifying attainment targets for the third key stage in relation to Science.

Jim KnightMinister of StateDepartment for Children, Schools and Families3rd July 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for attainment targets and the programme of study for Science at the third key stage.

This Order gives effect to the document “Science Programme of study: key stage 3”, published by the Qualifications and Curriculum Authority (“the Authority”) on 30th August 2007, for the purposes of specifying attainment targets and the programme of study for the third key stage (article 3).

This Order revokes the Education (National Curriculum) (Attainment Targets and Programmes in Science in respect of the First, Second, Third and Fourth Key Stages) (England) (No 2) Order 2004, SI 2004/1800 (“the 2004 Order”) in so far as it has effect for the purposes of specifying attainment targets and the programmes of study for Science at the third key stage (article 5). The attainment targets and programmes of study for the first, second and fourth key stages are unchanged by this Order and continue to be specified in the 2004 Order.

This Order makes saving provisions as follows:

a

For any pupil who started studying Science at key stage 3 before 1st August 2008, the provisions of this Order which give effect to the Key Stage 3 Document do not apply. The 2004 Order continues to apply to such pupils (article 5(2)(a));

b

For any pupil who starts studying Science at key stage 3 on or after 1st August 2008 and who has special educational needs and is working below level 1 of the national curriculum levels of attainment, the 2004 Order continues to apply for the purposes of specifying attainment targets for the third key stage in relation to Science (article 5(2)(b)).

A copy of the Key Stage 3 Document can be accessed at this weblink:

www.qca.org.uk/curriculum

A full impact assessment of the effect that this instrument will have on the business and voluntary sector is available from Angela Overington, Department for Children, Schools and Families, Sanctuary Buildings, Great Smith Street, London, SW1P 3BT and is annexed to the Explanatory Memorandum which is available alongside this instrument on the OPSI website.