
1 

(1) This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Physical Education) (England) Order 1998 and shall come into force on 1st September 1998.
(2) In this Order–
 “The Document” means the Document published by Her Majesty’s Stationery Office in January 1995 entitled “Physical Education in the National Curriculum”.
(3) This Order applies only to pupils at maintained schools and grant-maintained schools (other than schools established in a hospital) in England.
2 
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Physical Education) Order 1995 is hereby revoked in so far as it applies to schools in England.
3 
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect in relation to schools in England for the purpose of specifying attainment targets and programmes of study in relation to physical education subject to the amendments set out in the Schedule.
4 
The examples printed in italics in the Document (which serve to illustrate the programmes of study described therein) do not form part of the provision made by this Order.
SCHEDULE
Article 3

On page 1, in the passage headed “Access”, for the words:“The programme of study for each key stage should be taught to the great majority of pupils in the key stage, in ways appropriate to their abilities.”
there shall be substituted“Schools are required to provide a balanced and broadly-based curriculum, which must include the National Curriculum foundation subject of physical education. In planning their physical education curriculum at Key Stages 1 and 2, schools should have regard to the Programme of Study set out below, and to the desirability of allowing pupils to follow it, in ways appropriate to their abilities. In so doing, schools should give appropriate weight to any prior need to improve the literacy and numeracy skills of pupils and any necessary adjustments to the Programme of Study should be made to allow this. Such adjustments should not, however, be made in respect of Area of Activity 6 (swimming) which should continue to be taught at Key Stage 2 and which should continue to be an optional addition at Key Stage 1.The Programme of Study for Key Stages 3 and 4 should be taught to the great majority of pupils in those Key Stages, in ways appropriate to their abilities.”

Andrew Smith
Minister of State,
Department for Education and Employment
11th August 1998