Part 6 of the Education Act 2002 (“the 2002 Act”) is concerned with the curriculum for maintained schools in England. One aspect of the National Curriculum for England (as to which, see section 80(1)(b) of the 2002 Act) is the arrangements for assessing pupils for certain purposes (assessment arrangements). Assessment arrangements are specified by the Secretary of State by order under section 87(3)(c) of the 2002 Act. This Order, made under section 76(2)(b) of the 2002 Act, specifies an additional purpose for which such arrangements may be made. The purpose specified is determining the suitability of test materials for use in National Curriculum tests at key stages 1 and 2.