Education, England Citation, commencement and application 1 1 This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Physical Education in respect of the Third and Fourth Key Stages) (England) Order 2008 and comes into force on 1st August 2008. 2 This Order applies in relation to England only. Interpretation 2 In this Order— a “the Key Stage 3 Document” means the document published by the Authority on 30th August 2007 entitled “Physical education Programme of study: key stage 3”; b “the Key Stage 4 Document” means the document published by the Authority on 30th August 2007 entitled “Physical education Programme of study: key stage 4”; c “level 1 of the National Curriculum levels of attainment” is to interpreted in accordance with the description of performance at level 1 of the attainment targets contained in the booklet published by the Stationery Office entitled “Attainment Targets and Programmes of Study in Physical Education”, ISBN 0113700784; and d “special educational needs” is to be interpreted in accordance with section 312 of the Education Act 1996 . Specification of attainment targets and programmes of study 3 Subject to article 6(2)(b), in relation to any pupil who starts in the third key stage on or after 1st August 2008, it is directed that the provisions relating to attainment targets and the programme of study set out in the Key Stage 3 Document have effect for the purposes of specifying attainment targets and the programme of study for the third key stage in relation to Physical Education. 4 In relation to any pupil who starts in the fourth key stage on or after 1st August 2009, it is directed that the provisions relating to attainment targets and the programme of study set out in the Key Stage 4 Document have effect for the purposes of specifying attainment targets and the programme of study for the fourth key stage in relation to Physical Education. 5 For the purposes of this Order, the examples and other passages printed in grey text or within square brackets in the Key Stage 3 and Key Stage 4 Documents (which serve to illustrate the programmes of study described therein or relate to background information) do not form part of the provisions relating to attainment targets and programmes of study referred to in articles 3 and 4. Revocation and savings 6 1 Subject to paragraph (2), the Education (National Curriculum) (Attainment Targets and Programmes of Study in Physical Education) (England) Order 2000 is revoked in so far as it has effect for the purposes of specifying attainment targets and programmes of study for the third and fourth key stages in relation to Physical Education. 2 The Education (National Curriculum) (Attainment Targets and Programmes of Study in Physical Education) (England) Order 2000 continues to have effect— a in relation to any pupil who started in the third key stage before 1st August 2008, for the purposes of specifying attainment targets and the programme of study for the third key stage in relation to Physical Education; b in relation to any pupil who starts in the third key stage on or after 1st August 2008, has special educational needs and is working below level 1 of the National Curriculum levels of attainment, for the purposes of specifying attainment targets for the third key stage in relation to Physical Education; c in relation to any pupil who starts in the fourth key stage before 1st August 2009, for the purposes of specifying attainment targets and the programme of study for the fourth key stage in relation to Physical Education. Jim Knight Minister of State Department for Children, Schools and Families 3rd July 2008