Search Legislation

Education and Inspections Act 2006

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Education and Inspections Act 2006, Section 74 is up to date with all changes known to be in force on or before 13 April 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 74:

  • specified provision(s) amendment to earlier commencing SI 2006/2990 art. 4 by S.I. 2008/54 art. 2
  • specified provision(s) amendment to earlier commencing SI 2007/935 art. 7(n) by S.I. 2007/1271 art. 4
  • specified provision(s) transitional provisions for earlier commencing SI 2007/935 by S.I. 2007/1271 art. 5

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

74Curriculum requirements for the fourth key stageE+W

This section has no associated Explanatory Notes

(1)For section 85 of EA 2002 (curriculum requirements for fourth key stage) substitute—

85Curriculum requirements for the fourth key stage

(1)For the fourth key stage, the National Curriculum for England shall comprise—

(a)the core and other foundation subjects,

(b)work-related learning, and

(c)in relation to any pupil, such other courses of study as are necessary to satisfy the entitlements conferred on him by subsection (5) and section 85A.

(2)The National Curriculum for England shall specify programmes of study in relation to each of the core and other foundation subjects for the fourth key stage.

(3)The following are the core subjects for the fourth key stage—

(a)mathematics,

(b)English, and

(c)science.

(4)The following are the other foundation subjects for the fourth key stage—

(a)information and communication technology,

(b)physical education, and

(c)citizenship.

(5)A pupil in the fourth key stage is entitled, if he so elects, to follow a course of study in science which leads to such qualification or set of qualifications as the governing body may choose from among those—

(a)approved under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act, and

(b)specified by the Secretary of State by order for the purposes of this subsection.

(6)In the exercise of their functions under this Part so far as those functions relate by virtue of this section to work-related learning a [F1local authority], governing body or head teacher shall have regard to any guidance issued from time to time by the [F2Secretary of State].

(7)In this section “work-related learning” means planned activity designed to use the context of work to develop knowledge, skills and understanding useful in work, including learning through the experience of work, learning about work and working practices and learning the skills for work.

85AEntitlement areas for the fourth key stage

(1)A pupil in the fourth key stage is also entitled to [F3follow a course of study in a subject within each of such one or more of the four entitlement areas specified in subsection (2) as the pupil may choose.]

(2)The entitlement areas referred to in subsection [F4(1)] are—

(a)arts, comprising—

(i)art and design,

(ii)music,

(iii)dance,

(iv)drama, and

(v)media arts,

(b)design and technology (comprising only that subject),

(c)humanities, comprising—

(i)geography, and

(ii)history, and

(d)modern foreign languages, comprising any modern foreign language specified in an order made by the Secretary of State or, if the order so specifies, any modern foreign language.

(3)An order under subsection (2)(d) may—

(a)specify circumstances in which a language is not to be treated as falling within subsection (2)(d), and

(b)provide for the determination under the order of any question arising as to whether a particular language is a modern foreign language.

(4)The entitlement conferred on a pupil by this section is to be taken to be satisfied[F5if a course of study in a subject within each of the entitlement areas specified in subsection (2) is made available to the pupil by or on behalf of the school at which the pupil is a registered pupil.]

(5)In the exercise of their functions by virtue of this Part in relation to courses of study falling within subsection [F6 (1)], a [F1local authority], governing body or head teacher shall have regard to any guidance issued from time to time by the Secretary of State F7....

(6)In this section “course of study” means[F8a course of education or training which leads to such qualification as the governing body may choose from among those approved under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act.]

(2)In section 86 of EA 2002 (power to alter or remove requirements for fourth key stage)—

(a)in paragraph (a), for “section 85,” substitute “ sections 85 and 85A, ”,

(b)in paragraph (b), for “that section is” substitute “ those sections are ”, and

(c)renumber the section as so amended as subsection (1) of the section and at the end insert—

(2)An order under this section may make such amendments of this Act as appear to the Secretary of State to be necessary or expedient in connection with the provision made by virtue of subsection (1).

F9(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Until the commencement of subsection (1), section 85 of EA 2002 has effect with the following modifications—

(a)in subsection (1) after “other foundation subjects” insert “ , the entitlement conferred by subsection (3A) ”, and

(b)after subsection (3) insert—

(3A)A pupil in the fourth key stage is entitled, if he so elects, to follow a course of study in science which leads to such qualification or set of qualifications as the governing body may choose from among those—

(a)approved under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act, and

(b)specified by the Secretary of State by order for the purposes of this subsection.

(5)Any order made (by virtue of subsection (4) of this section) under section 85(3A) of EA 2002 before the commencement of subsection (1) of this section is to have effect from that commencement as if made under subsection (5) of section 85 (as substituted by subsection (1)).

Textual Amendments

F3Words in s. 74(1) substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 31(2)(a), 82(2)(b)

F4Word in s. 74(1) substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 31(2)(b), 82(2)(b)

F5Words in s. 74(1) substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 31(2)(c), 82(2)(b)

F6Word in s. 74(1) substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 31(2)(d), 82(2)(b)

F8Words in s. 74(1) substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 31(2)(e), 82(2)(b)

F9S. 74(3) omitted (15.1.2012) by virtue of Education Act 2011 (c. 21), ss. 31(3), 82(2)(b)

Commencement Information

I1S. 74(4) in force at 1.4.2007 by S.I. 2007/935, art. 5(k)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources