Citation and commencement

1. This Order may be cited as the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) (Amendment) Order 2012 and comes into force on the day after the day on which it is made.

Amendments to the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003

2. The Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003(2) is amended as follows.

3. In article 4 (teacher assessment)-

(a)omit paragraph (3); and

(b)for paragraph (5) substitute-

"(5) In making an assessment of a pupil pursuant to this article, a teacher-

(a)in relation to English writing, must take into account the results of any NC test in English writing administered to the pupil; and

(b)may take into account the results of any previous assessment of the pupil, whether or not made by that teacher.".

4. After article 5(4) (NC test assessment) insert-

"(4ZA) The requirements in-

(a)paragraph (3), to provide the pupil's responses to the NC tests to the external marking agency which is to mark the NC tests; and

(b)in paragraph (4), to provide that agency with a statement,

apply to a pupil in respect of English writing only if, in accordance with the provisions made by the Secretary of State under article 11, the pupil's school has been designated, or the head teacher of the pupil's school has elected, to administer an externally-marked writing test.".

5. After article 6(1) (monitoring of assessment arrangements) and article 7(1) (investigation by the Secretary of State and correction of record of results) insert-

"(1A) This article does not apply to the NC test in English writing.".

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003 ("the 2003 Order") to include provisions about a National Curriculum test ("NC test") in English writing, which will be administered to pupils in accordance with article 5 of the 2003 Order (which relates to NC tests as defined in article 3(1) of that Order).

Article 3 amends article 4 of the 2003 Order so as to require the results of a NC test in English writing of a pupil to be taken into account in the teacher's assessment of that pupil. It also removes the requirement for teacher assessments in all subjects to be recorded no later than two weeks before the end of the summer term or 4th July, if earlier.

Article 4 of this Order amends article 5 of the 2003 Order so that the provisions in article 5(3) (requirement to send pupil's results to external marking agency for marking) and in article 5(4) (requirement for head teacher to provide a statement to that agency confirming that the NC tests were administered appropriately) apply to a pupil in respect of English writing only if the pupil's school has elected, or been designated, to administer an externally-marked writing test in accordance with provisions made by the Secretary of State under article 11 of 2003 Order. The schools to which these provisions do not apply will mark the tests internally.

Article 5 amends articles 6 and 7 of the 2003 Order so that they do not apply to the NC test in English writing. Accordingly, the NC test in English writing is not monitored by the local authority and the Secretary of State is not required to investigate any matter referred to him about the accuracy or correctness of any results in respect of the NC test in English writing.

An impact assessment has not been produced for this instrument as it has no impact on businesses or civil society organisations. The instrument has a minimal impact on the public sector.