(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.