3. In regulation 2 (interpretation)—
(a)after the definition of “the 2002 Act” insert—
““the 2004 document” means the document entitled “Assessment and Reporting Arrangements” published by the Qualifications and Curriculum Authority for the Foundation Stage and Key Stage 1 in 2004;
“assessment”, in relation to a pupil’s P Levels of attainment or performance against the P Level attainment targets means an assessment carried out in accordance with any document for the time being in force containing provisions relating to assessment arrangements which has effect by virtue of orders made under section 87(3)(c) and (11) of the 2002 Act;”;
(b)in the definition of “the associated documents” before the words “published by the Department for Education and Skills” insert “other than the P Level Document”;
(c)after the definition of “maintained school” insert—
““management committee”, in relation to a pupil referral unit, means the management committee for that unit established pursuant to the Education (Pupil Referral Units) (Management Committees etc.) Regulations 2007(1);”;
(d)after the definition of “NC test tiers” insert—
““P Levels of attainment” means, for those pupils with special educational needs who are working below level 1 of the NC levels of attainment, the National Curriculum levels of attainment below level 1 described in the P Level Document;
“P Level attainment targets” means, for those pupils with special educational needs who are working below level 1 of the NC levels of attainment, the National Curriculum attainment targets specified in the P Level Document;
“P Level Document” means the document published from time to time by the Qualifications and Curriculum Authority which—
describes, in relation to pupils with special educational needs who are working below level 1 of the NC levels of attainment, the levels of attainment below level 1 for each of the core and foundation subjects, and
specifies, in relation to such pupils, the attainment targets which have effect by virtue of an Order made under section 87(3)(a) of the 2002 Act(2);”;
(e)in paragraph (b) of the definition of “responsible person” after “any other school” insert “(or, where the school is a pupil referral unit, the management committee)”;
(f)after the definition of responsible person insert—
““special educational needs” is to be interpreted in accordance with section 312 of the Education Act 1996(3);”;
(g)after the definition of “unauthorised absence”, insert—
““unique learner number”, in relation to a registered pupil at a school, means the specific combination of numbers allocated to the pupil by the Learning and Skills Council as that pupil’s unique learner number;”.
2002 c. 32. Section 87 has been prospectively amended by sections 48 and 102 and Schedules 1 and 3 of the Childcare Act 2006 (c. 47).
Section 312 was last amended by section 6(2) and Schedule 1 of the Education and Inspections Act 2006, (c. 40).