The Education (National Curriculum) (Key Stages 1 and 2 Assessment Arrangements) (England) (Coronavirus) (Amendment) Order 2020

Made: 17th April 2020

Coming into force: 20th April 2020

The Secretary of State has consulted the Office of Qualifications and Examinations Regulation and other persons the Secretary of State considered appropriate in accordance with section 87(6A)[^f00002].

Citation and commencement

1

• (1) This order may be cited as the Education (National Curriculum) (Key Stages 1 and 2 Assessment Arrangements) (England) (Coronavirus) (Amendment) Order 2020.

• (2) The provisions of this order come into force on 20th April 2020.

Amendment of the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003

2

• (1) The Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003[^f00003] is amended as follows.

• (2) In article 1(2), after “Order” insert “subject to paragraphs (4) and (5)”.

• (3) After article 1(3) insert—

(4) Articles 4 to 6 of this order do not apply in relation to the 2019-20 school year. (5) In calculating the period of four years referred to in article 5B(3), the 2019-20 school year is to be disregarded.

Amendment of the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2004

3

• (1) The Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2004[^f00004] is amended as follows.

• (2) In article 1(2), after “Order” insert “subject to paragraphs (4) to (6).”.

• (3) After article 1(3) insert—

(4) Articles 4 to 6A of this order do not apply in relation to the 2019-20 school year. (5) In applying article 6(2)(b), where the preceding school year is the 2019-20 school year, that school year should be disregarded and the moderating authority should have regard to the results of the moderation that took place in the 2018-19 school year. (6) In calculating the period of four years referred to in article 6(3)(b), the 2019-20 school year is to be disregarded.

Signed

Nick Gibb — Minister of State — Department for Education — 17th April 2020

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order makes amendments to the secondary legislation relating to primary school assessments.

Articles 2 and 3 respectively disapply all those provisions of the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003 and of the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2004 which place duties or obligations on head teachers, governing bodies and local authorities in relation to the Key Stages 1 and 2 assessments, checks and tests due to take place in school year 2019-20.

This has the effect that the Key Stages 1 and 2 assessments, checks and tests (and related obligations) which would otherwise have taken place in, or in relation to, academic year 2019-20 are no longer legally required.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

Footnotes

[^f00001]: 2002 c. 32. Section 87(7) was amended by paragraph 35 (1) and (3) of Schedule 12 and Part 4 of Schedule 16 to the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22); paragraphs 11 and 13 of Schedule 8 to the Education Act 2011 (c.21) and S.I. 2010/1158.

[^f00002]: Section 87(6A) was inserted by section 159(1) and (2) of the Apprenticeships, Skills, Children and Learning Act 2009 (c.22).

[^f00003]: S.I. 2003/1038. This order was amended by S.I. 2009/1585, 2010/290, 2010/1172, 2011/2392, 2012/838, 2013/1513, 2015/900 and 2018/452; there are other amending instruments but none is relevant.

[^f00004]: S.I. 2004/2783. This order was amended by S.I. 2010/1172, 2011/3057, 2013/1513, 2015/900; there are other amending instruments but none is relevant.