Section 356(1) and (2) of the Education Act 1996 places a duty on the Secretary of State to establish the National Curriculum by specifying, by Order, such attainment targets, programmes of study and assessment arrangements as he considers appropriate for each of the foundation subjects. That duty has been devolved and falls to be exercised by the National Assembly in Wales.

This Order, which applies only to schools in Wales, re-enacts (with some changes as mentioned below) the Education (National Curriculum) (Assessment Arrangements for English, Welsh, Mathematics and Science) (Key Stage 1) (Wales) Order 1997. The Order specifies assessment arrangements for pupils studying “the relevant subjects” of the National Curriculum in the final year of the first Key Stage. “The relevant subjects” are defined as mathematics, science and, in relation to schools and classes which are Welsh speaking (as defined in article 3(1)), Welsh, or in relation to schools and classes which are not, English.

Article 2 revokes the 1997 Order.

Article 3 defines terms used in the Order.

Article 4 provides for pupils to be assessed by a teacher and sets out the purpose of such assessments.

Article 5 sets out the technical rules for determining pupils' levels of attainment subject by subject.

Article 6 sets out special rules which apply in relation to pupils in respect of whom provisions of the National Curriculum do not apply (including pupils with statements of special educational needs).

Article 7 requires arrangements to be made for the evaluation of the assessment arrangements.

Article 8 enables the National Assembly to make provision giving effect to or otherwise supplementing the provisions made by the Order.

The only change of substance made by the current Order is that it no longer makes provision for pupil tests. Accordingly, article 5 and 6 of the 1997 Order have been omitted.