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Children’s Wellbeing and Schools Act 2026

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Children’s Wellbeing and Schools Act 2026

2026 Chapter 21

An Act to make provision about the safeguarding and welfare of children; about support for children in care or leaving care; about regulation of care workers; about regulation of establishments and agencies under Part 2 of the Care Standards Act 2000; about employment of children; about breakfast club provision and school uniform; about allergy safety in schools; about guidance relating to use of mobile phones and other interactive communication devices in schools; about attendance of children at school; about regulation of independent educational institutions; about inspections of schools and colleges; about teacher misconduct; about Academies and teachers at Academies; repealing section 128 of the Education Act 2002; about school places and admissions; about establishing new schools; about preventing or restricting access by children to internet services; about the age of consent in relation to processing of a child’s personal data in relation to information society services; and for connected purposes.

Enacted [29th April 2026]
Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1 Children’s social care

Family group decision-making

1 Family group decision-making

Amends Children Act 1989 · 1 insertion

31 Care and supervision orders

section 31 unchanged

31ZA Family group decision-making

1 Before a local authority in England makes an application for an order under this Part in relation to a child, the authority must offer a family group decision-making meeting to the child’s parents or any other person with parental responsibility for the child.
2 If the offer is accepted by at least one person to whom it is made, the local authority must arrange for the meeting to be held before the authority makes the application.
3 The duty under subsection (1) or (2) does not apply where the local authority considers that it would not be in the best interests of the child for a family group decision-making meeting to be offered or (as the case may be) to be held.
4 A “family group decision-making meeting” is a meeting held for the purpose of enabling the child’s family network— (a) to discuss the welfare needs of the child, and (b) to make a proposal in response to concerns about the child’s welfare.
5 A “family network”, in relation to a child, consists of such persons with an interest in the child’s welfare as the authority considers appropriate to attend the meeting having regard to the child’s best interests.

subsections (6) – (9) inserted (procedural and ancillary)

After section 31 of the Children Act 1989 (care and supervision orders) insert—

Child protection and safeguarding

2 Inclusion of childcare and education agencies in safeguarding arrangements

Amends Children Act 2004 · 3 changes, 1 insertion

16E Local arrangements for safeguarding and promoting welfare of children

1 The safeguarding partners for a local authority area in England must make arrangements for the safeguarding partners and any relevant agencies that they consider appropriate to work together for the purpose of safeguarding and promoting the welfare of children in the area and.
a the safeguarding partners,
aa those relevant agencies which are designated childcare or education agencies, and
b any relevant agencies that they consider appropriateany other relevant agencies that the safeguarding partners consider appropriate,
2 The arrangements are to be made with a view to identifying and responding to the needs of children in the area and the relevant agencies mentioned in subsection (1)(aa).
2A For the purposes of this section, a relevant agency is a “designated childcare or education agency” if it— (a) has functions relating to the provision of childcare or education (or both), and (b) is designated as such by regulations made by the Secretary of State.

subsections (3) – (7) unchanged

1 Section 16E of the Children Act 2004 (local arrangements for safeguarding and promoting welfare of children) is amended as follows.
2 In subsection (1)—
a omit the “and” after paragraph (a);
b after that paragraph insert—
;
c for paragraph (b) substitute—
.
3 In subsection (2), after “partners” insert “and the relevant agencies mentioned in subsection (1)(aa)”.
4 After subsection (2) insert—
Amends Children Act 2004 · 1 change

66 Regulations and orders

subsections (1) – (2) unchanged

3 A statutory instrument containing (whether alone or with other provision) regulations under section 16E(3)section 16E(2A)(b) or (3) … may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

subsections (4) – (7) unchanged

5 In section 66(3) of that Act (instruments subject to affirmative procedure), for “16E(3)” substitute “16E(2A)(b) or (3)”.

3 Multi-agency child protection teams for local authority areas

1 The Children Act 2004 is amended as follows.
2 After section 16E insert—
3 In section 16G (further provision about arrangements)—
a after subsection (4) insert—
;
b in subsection (6), after “subsection (4)” insert “or (4A)(b)”;
c after subsection (7) insert—
4 In section 16J (combining safeguarding partner areas and delegating functions)—
a in subsections (1) and (2), after “(5)” insert “and (6)(a) and (b)”;
b after subsection (5) insert—
5 In section 66(3) (instruments subject to affirmative procedure), after “16E(2A)(b) or (3)” (as inserted by section 2(5)) insert “, 16EA(2)(b) or (5), 16EB(2)(a)”.

4 Information sharing and consistent identifiers

After section 16L of the Children Act 2004 (safeguarding partners for local authority areas) insert—

Support for children in care, leaving care or in kinship care and carers

5 Information: children in kinship care and their carers

After section 22G of the Children Act 1989 insert—

6 Promoting educational achievement

1 Part 3 of the Children Act 1989 (support for children and families provided by local authorities in England) is amended as follows.
2 In the italic heading before section 23ZZA, after “children” insert “and others”.
3 After that italic heading insert—
4 In section 23ZZA (information and advice for promoting educational achievement), in subsection (6), in the definition of “relevant child”—
a at the end of paragraph (a)(i) insert “or”;
b omit paragraph (a)(ii) (including the “or” at the end of that paragraph);
c omit the “or” at the end of paragraph (a)(iii);
d after paragraph (a) insert—
.

7 Provision of advice and other support

After section 23CZA of the Children Act 1989 insert—

8 Local offer for care leavers

1 Section 2 of the Children and Social Work Act 2017 (local offer for care leavers in England) is amended as follows.
2 In subsection (1), after paragraph (b) insert—
3 In subsection (2), after paragraph (f) insert—
4 After subsection (2) insert—
5 In subsection (7)—
a in the definition of “care leavers”, for paragraph (c) substitute—
;
b after that definition insert—
.

9 Care leavers not to be regarded as becoming homeless intentionally

1 In section 191 of the Housing Act 1996 (becoming homeless intentionally)—
a after subsection (1) insert—
;
b in subsection (1A), for the words before paragraph (a) substitute “The first case is where—”;
c after subsection (1A) insert—
;
d in subsection (3), in the words before paragraph (a), after “person” insert “, other than a person described in subsection (1B) or (1C),”.
2 The amendments made by this section do not apply in relation to an application of a kind mentioned in section 183(1) of the Housing Act 1996 made before the date on which this section comes into force, except where the local housing authority deciding the application has not yet decided the matters set out in section 184(1)(a) and (b) of that Act.

10 Sibling contact with children in care

In section 34 of the Children Act 1989 (parental contact etc. with children in care)—
a in subsection (1)—
i omit the “and” at the end of paragraph (c), and
ii at the end of paragraph (d) insert
;
b in subsection (4), for “(d)” substitute “(e)”;
c in subsection (8), in paragraph (za), for “(d)” substitute “(e)”.

Accommodation of children

11 Children in temporary accommodation

1 After section 213A of the Housing Act 1996 (homelessness: co-operation in certain cases involving children) insert—
2 The amendment made by this section does not apply in relation to a child for whom a local housing authority in England has secured accommodation in response to an application for assistance under Part 7 of the Housing Act 1996 which was made before the date on which this section comes into force.

12 Accommodation of looked after children: regional co-operation arrangements

1 The Children Act 1989 is amended as follows.
2 After section 22I (inserted by section 5) insert—
3 In section 104 (regulations and orders)—
a in subsection (2), after “(3AB),” insert “(3AC),”;
b in subsection (3A), after “(3AB),” insert “(3AC),”;
c after subsection (3AB) insert—

13 Use of accommodation for deprivation of liberty

1 Section 25 of the Children Act 1989 (use of accommodation for restricting liberty) is amended as follows.
2 In the following places, for “restricting” substitute “depriving children of their”—
a the heading of the section;
b subsection (1).
3 After subsection (1) insert—
4 In subsection (2)—
a in paragraph (a)—
i in sub-paragraph (i) after “Scotland” insert “, or be deprived of their liberty in relevant accommodation in England,”;
ii in sub-paragraph (ii) after “Scotland” insert “or be deprived of their liberty in relevant accommodation in England”;
b in paragraph (b) after “Scotland” insert “, or to be deprived of their liberty in relevant accommodation in England,”.
5 In subsection (3)—
a after “section” insert “in respect of a child being kept in secure accommodation”;
b for “a child” substitute “the child”.
6 After subsection (5) insert—
7 In subsection (5A), for “restrict the child’s” substitute “deprive the child of their”.
8 In subsection (7)—
a in paragraph (c) after “Scotland” insert “or be deprived of their liberty in relevant accommodation in England”;
b in paragraph (d) after “secure accommodation” insert “or be deprived of their liberty in relevant accommodation”.
9 After subsection (8) insert—
10 In section 104 of the Children Act 1989 (regulations and orders)—
a in subsection (3A), after “(3B)” insert “, (3BZA)”;
b after subsection (3B) insert—
11 In section 93 of the Children (Scotland) Act 1995 (interpretation)—
a in the definition of “secure accommodation”, omit paragraph (b);
b after that definition insert—
.
12 In section 202(1) of the Children’s Hearings (Scotland) Act 2011 (asp 1) (interpretation)—
a in the definition of “secure accommodation”, omit paragraph (b);
b after that definition insert—
.

Regulation of children’s homes, fostering agencies etc

14 Powers of CIECSS in relation to parent undertakings

1 The Care Standards Act 2000 is amended as follows.
2 After section 23 insert—
3 In section 21 (appeals to Tribunal), after subsection (5) insert—
4 In section 22 (regulation of establishments and agencies)—
a after subsection (2) insert—
;
b after subsection (10) insert—
5 In section 37 (service of documents)—
a in subsection (1)—
i omit the words from “carrying” to “agency”;
ii omit the “or” at the end of paragraph (a);
iii at the end of paragraph (b) insert
;
b after subsection (3) insert—
;
c after subsection (5) insert—

15 Power of CIECSS to impose monetary penalties

1 The Care Standards Act 2000 is amended as follows.
2 After section 30ZB insert—
3 In section 14(1) (grounds for cancelling registration) after paragraph (b) insert—
.
4 In section 21 (appeals to Tribunal) after subsection (6) insert—
5 In the italic heading before section 30ZA, after “notices” insert “(Wales)”.
6 In section 30A (matters of which the CIECSS must notify local authorities)—
a in subsection (2), after paragraph (b) insert—
;
b in subsection (7), after the definition of “electronically” insert—
.

16 Financial oversight

1 The Care Standards Act 2000 is amended as follows.
2 After section 30ZD (inserted by section 15) insert—
3 In section 118 (orders and regulations)—
a after subsection (2) insert—
;
b in subsection (3) for “subsection (2)”, in the first place it occurs, substitute “subsections (2) or (2A)”.

17 Power to limit profits of relevant providers

1 The Care Standards Act 2000 is amended as follows.
2 After section 30ZJ (inserted by section 16(2)) insert—
3 In section 25 (power for regulations to create offences), after subsection (2) insert—
4 In section 118 (orders and regulations), in subsection (2B) (inserted by section 16(3)) after paragraph (a) insert—
.

18 Power of Secretary of State to impose monetary penalties

1 In the Care Standards Act 2000, after section 30ZL (inserted by section 17) insert—
2 In section 14(1) (grounds for cancelling registration) in paragraph (ba) (inserted by section 15(3)) after “30ZC” insert “or 30ZM”.

19 Procedure for imposing monetary penalties

1 The Care Standards Act 2000 is amended as follows.
2 After section 30ZM (inserted by section 18) insert—
3 After Schedule 1 insert—
4 In section 118 (orders and regulations), in subsection (2B) (inserted by section 16(3)) after paragraph (b) (inserted by section 17(4)) insert—

20 Information sharing

1 In the Care Standards Act 2000, after section 30ZN (inserted by section 19(2)) insert—
2 In the Care Act 2014, after section 56 insert—

Care workers

21 Use of agency workers for children’s social care work

Amends Children and Social Work Act 2017 · 1 insertion

32 Power to amend definition of “social worker”

section 32 unchanged

32A Use of agency workers for children’s social care work

1 The Secretary of State may by regulations impose requirements on English local authorities about the use of agency workers in connection with the children’s social care functions of those authorities.
2 An “agency worker” is an individual— (a) who is supplied by a person (the “agent”) to do work for another person (a “principal”) under arrangements between the agent and the principal, and (b) who is not, as respects that work, a worker of the principal because of the absence of a worker’s contract between the individual and the principal.
3 The “children’s social care functions” of an English local authority are its functions under any legislation specified in Schedule 1 to the Local Authority Social Services Act 1970, so far as those functions relate to persons under the age of 18.

subsections (4) – (7) define the regulation-making power and “English local authority”

After section 32 of the Children and Social Work Act 2017 insert—

22 Ill-treatment or wilful neglect of children

1 The Criminal Justice and Courts Act 2015 is amended as follows.
Amends Criminal Justice and Courts Act 2015 · 1 change, 1 insertion

20 Ill-treatment or wilful neglect: care worker offence

subsections (1) – (2) unchanged

3 An individual is a “care worker” for the purposes of this section if he or she provides—
a health care for an adult or child or,
b social care for an adult,
c care or support for a child aged 16 or 17 at a regulated establishment,

subsections (4) – (6) unchanged

6A “Regulated establishment” means— (a) a children’s home in England as defined by section 1 of the Care Standards Act 2000; (b) a residential family centre in England as defined by section 4 of that Act; (c) an establishment in England providing accommodation in respect of which requirements under Part 2 of that Act are applied by virtue of regulations under section 42 of that Act; (d) youth detention accommodation in England as defined by section 248(1) of the Sentencing Act 2020; (e) a place in Wales at which a care home service or a residential family centre service, as defined by Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016, is provided; (f) a place in Wales at which accommodation is provided to disabled children and which is notified to the Welsh Ministers in accordance with regulations under section 2 of that Act; (g) youth detention accommodation in Wales as defined by section 188(1) of the Social Services and Well-being (Wales) Act 2014.
7 “Health care” includes all forms of health care provided for individuals, whether relating to physical or mental health, and also includes procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition”; “social care, or care or support at a regulated establishment,” includes all forms of personal care and other practical assistance …
2 In section 20 (ill-treatment or wilful neglect: care worker offence)—
a in subsection (3)—
i omit “or” after paragraph (a);
ii after paragraph (b) insert
;
b after subsection (6) insert—
;
c in subsection (7) after “social care” insert “, or care or support at a regulated establishment,”.
Amends Criminal Justice and Courts Act 2015 · 6 changes, 1 insertion

21 Ill-treatment or wilful neglect: care provider offence

subsection (1) unchanged

2 A “care provider” means— (a) a body corporate or unincorporated association which provides or arranges for the provision of health care for an adult or child, other than excluded health care, or social care for an adultregulated care, or, or (b) an individual who provides such care and employs, or has otherwise made arrangements with, other persons to assist him or her in providing such care.
2A “Regulated care” means— (a) health care for an adult or child, other than excluded health care, (b) social care for an adult, or (c) care or support for a child provided at a regulated establishment.
3 An offence is committed under this section by a care provider if— … (b) the way in which its activities are managed or organised by its senior management amounts to a gross breach of a relevant duty of care owed by the care provider to the individual who is ill-treated or neglected, and (c) in the absence of the breach, the ill-treatment or wilful neglect would not have occurred or would have been less likely to occur. In paragraph (b) the reference to a relevant duty of care is to a duty owed under the law of negligence in connection with the provision of health care or social care as part of health care or social careregulated care as part of such care by the care provider; and the references in this subsection to health care or social careregulated care include arranging for the provision of such care.

subsection (4) replaces “health care or social care” with “regulated care”

subsection (5) – (6) unchanged

7 (a) The references to health care or social careregulated care include arranging for the provision of such care.

subsections (8) and (9) updated to replace “health care or social care” with “regulated care” and to define “regulated establishment”

3 In section 21 (ill-treatment or wilful neglect: care provider offence)—
a in subsection (2)(a), for the words after “the provision of” to the end substitute “regulated care, or”;
b after subsection (2) insert—
;
c in subsection (3)—
i in paragraph (b) for “health care or social care as part of health care or social care” substitute “regulated care as part of such care”;
ii in the words after that paragraph for “health care or social care”, at both places where those words appear, substitute “regulated care”;
d in subsection (4) for “health care or social care” substitute “regulated care”;
e in subsection (7)(a), for “health care or social care” substitute “regulated care”;
f in subsection (8), for “health care or social care” substitute “regulated care”;
g in subsection (9), in the second definition, after ““health care”” insert “, “regulated establishment””.
Amends Criminal Justice and Courts Act 2015 · 1 change, 1 insertion

25 Care provider offence: liability for ancillary and other offences

subsections (1) – (3) unchanged

4 “Associated offence” means— (a) the provision of health care or social care or, (b) the provision of social care for an adult,
c the provision of care or support for a child at a regulated establishment.
5 In this section— “child”, “health care”, “regulated establishment” and “social care” have the same meaning as in section 21.
4 In section 25 (care provider offence: liability for ancillary and other offences)—
a in subsection (4)—
i omit “or” after paragraph (a);
ii after paragraph (b) insert
;
b in subsection (5), in the second definition—
i before ““health care”” insert ““child”,”;
ii after ““health care”” insert “, “regulated establishment””.

Corporate parenting

23 Corporate parenting responsibilities

1 It is the duty of every relevant authority when exercising its functions—
a to be alert to matters which adversely affect, or might adversely affect, the wellbeing of looked-after children and relevant young people;
b to assess what services or support provided by the authority are or may be available for looked-after children and relevant young people;
c to seek to provide opportunities for looked-after children and relevant young people to participate in activities designed to promote their wellbeing or enhance their employment prospects;
d to take such action as the authority considers appropriate to help looked-after children and relevant young people—
i to make use of services, and access support, provided by the authority, and
ii to access opportunities provided by the authority in pursuance of paragraph (c).
2 The duty imposed by subsection (1)—
a applies to a relevant authority only so far as compliance with the duty—
i is consistent with the proper exercise of its functions, and
ii is reasonably practicable, and
b does not apply as mentioned in section 24.
3 “Relevant authority” means a person listed, or within a description listed, in Part 1 of Schedule 1.
4 “Looked-after child” means a person aged under 18 who is—
a looked after by a local authority for the purposes of the Children Act 1989, the Social Services and Well-being (Wales) Act 2014 (anaw 4) or the Children (Scotland) Act 1995, or
b looked after by an authority for the purposes of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).
5 “Relevant young person” means a person who—
a is aged 16 or over but under 25, and
b was a looked-after child on their 16th birthday or at any subsequent time but is no longer a looked-after child.

24 Cases in which duty under section 23(1) does not apply

1 The duty under section 23(1) does not apply in relation to the exercise of—
a any function of the Secretary of State in relation to immigration, asylum or nationality, or
b any general customs function of the Secretary of State.
2 In subsection (1)(b), “general customs function” has the same meaning as in Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 1(8) of that Act).
3 The duty under section 23(1) does not apply in relation to—
a the exercise of a function in or as regards Scotland to the extent that the function could be conferred by provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament (see section 29 of the Scotland Act 1998);
b the exercise of a function in relation to Wales to the extent that the function could be conferred by provision that would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (see section 108A of the Government of Wales Act 2006);
c the exercise of a function in or as regards Northern Ireland to the extent that the function could be conferred by provision that—
i would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of the Assembly (see section 6 of the Northern Ireland Act 1998), and
ii would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of that Act.

25 Corporate parenting duty: collaborative working

1 Relevant authorities and local authorities in England must, so far as reasonably practicable, collaborate with each other when performing their corporate parenting duty where they consider that doing so would safeguard or promote the wellbeing of looked-after children or relevant young people.
2 In subsection (1), “corporate parenting duty” means—
a in the case of a relevant authority, the duty under section 23(1);
b in the case of a local authority in England, the duty under section 1(1) of the Children and Social Work Act 2017.
3 Collaboration under subsection (1) may in particular include—
a sharing information;
b providing advice or assistance;
c co-ordinating activities (and seeking to prevent unnecessary duplication).
4 Subsection (1) is not to be read as requiring or authorising a disclosure of information which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
5 In this section—
  • “local authority in England” has the same meaning as in section 1 of the Children and Social Work Act 2017;
  • “relevant authority”, “looked-after children” and “relevant young people” have the same meaning as in section 23.
Amends Children and Social Work Act 2017 · 1 insertion

1 Corporate parenting principles for English local authorities

subsections (1) – (4) unchanged

5 See also section 25 of the Children’s Wellbeing and Schools Act 2026, which requires local authorities in England to collaborate with other bodies in performing their respective corporate parenting duties.
6 In section 1 of the Children and Social Work Act 2017, after subsection (4) insert—

26 Duty to have regard to guidance

1 A relevant authority must have regard to any guidance given by the Secretary of State as to the performance of the duty under section 23(1).
2 Guidance for the purposes of this section may in particular include guidance about—
a how the duty under section 23(1) applies in relation to a particular relevant authority or to relevant authorities of a particular description;
b outcomes which a relevant authority should seek to achieve in performing the duty.
3 Before giving guidance, the Secretary of State must consult—
a those relevant authorities to which the guidance relates, and
b such other persons as the Secretary of State considers appropriate.
4 In this section, “relevant authority” has the same meaning as in section 23.

27 Reports by Secretary of State

1 The Secretary of State must, after the end of each relevant three-year period, lay before Parliament a report on how the Secretary of State has performed the duty under section 23(1) during that period.
2 In subsection (1), “relevant three-year period” means—
a the period of three years beginning with the day on which this section comes into force, and
b each subsequent period of three years.

Employment of children

28 Employment of children in England and Wales

1 The Children and Young Persons Act 1933 is amended as follows.
2 For section 18 substitute—
3 In section 21 (penalties and legal proceedings in respect of general provisions as to employment), in subsection (1), after “byelaw” insert “or regulations”.
4 In section 28 (powers of entry), in subsection (1), after “byelaw” insert “or regulations”.
5 In section 30 (interpretation), in subsection (1), after “byelaws” insert “or regulations”.
6 In Schedule 36A to the Education Act 1996, in the table, omit the entry for section 18 of the Children and Young Persons Act 1933 (including the title of that Act).
7 In Part 2 of Schedule 1 to the Local Government Byelaws (Wales) Act 2012 (anaw 2), in the table, in the English language and Welsh language texts, omit the entry that relates to byelaws made under section 18 of the Children and Young Persons Act 1933 (referred to as “adran 18 o Ddeddf Plant a Phobl Ifanc 1933” in the Welsh language text).

29 Employment of children in Scotland

1 The Children and Young Persons (Scotland) Act 1937 is amended as follows.
2 For section 28 substitute—
3 In section 31 (penalties and legal proceedings in respect of general provisions as to employment), in subsection (1), after “byelaw” insert “or regulations”.
4 In section 35 (confirmation of byelaws), in subsection (1), for “Secretary of State” substitute “Scottish Ministers”.
5 In section 36 (powers of entry), in subsection (1), after “byelaw” insert “or regulations”.
6 In section 37 (interpretation), after “byelaws” insert “or regulations”.
7 In section 38 (savings)—
a omit subsection (3);
b in subsection (4), for “The said provisions” substitute “The provisions of this Part relating to employment”.
8 In section 110(1) (interpretation), omit the definitions of “borstal institution” and “residential establishment”.

Part 2 Schools

School meals, breakfast clubs etc

30 Free breakfast club provision in primary schools in England

After section 551A of the Education Act 1996 insert—

31 Food and drink provided at Academies

1 In section 512B of the Education Act 1996 (provision of school lunches: Academies), after subsection (3) insert—
2 After section 512B of the Education Act 1996 insert—

32 Free school lunches: eligibility

In section 512ZB of the Education Act 1996 (free school lunches and milk)—
a in subsection (2)(a), for “subsection (4) or (4A) (or both)” substitute “subsection (4), (4A) or (4D)”;
b after subsection (4C) insert—

33 Free school meals etc: information sharing

1 Section 110 of the Education Act 2005 (supply of information) is amended as follows.
2 In subsection (4), after “local authority” insert “or the appropriate authority of a relevant school in England”.
3 In subsection (5)—
a at the end of paragraph (a), omit “or”;
b at the end of paragraph (b), insert
.
4 After subsection (5) insert—
5 After subsection (6), insert—
6 For subsections (7) and (8) substitute—

Allergy safety

34 Allergy safety policy for pupils at schools

Amends Children and Families Act 2014 · 2 insertions

100 Supporting pupils at school with medical conditions

section 100 unchanged

100A Allergy safety policy

1 The arrangements made under section 100 by the appropriate authority for a school to which that section applies must include an allergy safety policy.
2 An “allergy safety policy” is a policy for the management of allergies affecting pupils at the school (including the management of pupils at risk of anaphylaxis).

subsections (3) – (7) set out review, publication and guidance duties

100B Regulations about allergy safety

inserts regulation-making power covering medicinal products, training, recording and reporting

1 After section 100 of the Children and Families Act 2014 insert—
Amends Education Act 1996 · 1 insertion

342 Approval of non-maintained special schools

subsections (1) – (5) unchanged

5ZA Regulations made by virtue of subsections (2) and (4)(a) must impose— (a) a requirement for an allergy safety policy (within the meaning of section 100A of the Children and Families Act 2014) to be in place at a school, (b) requirements that correspond or are similar to the duties imposed on the appropriate authority for a school by section 100A of that Act.

subsections (6) onwards unchanged

2 In section 342 of the Education Act 1996 (approval of non-maintained special schools), after subsection (5) insert—
3 In section 94 of the Education and Skills Act 2008 (independent educational institution standards), after subsection (3A) (inserted by section 37(2)(b) of this Act) insert—

School uniforms

35 School uniforms: limits on branded items

1 The Education Act 1996 is amended as follows.
2 In the italic heading before section 551A, omit “Costs of”.
3 After that italic heading insert—
4 In section 551A (guidance about the costs of school uniforms: England), for subsections (5) and (6) substitute—

Mobile phones

36 Guidance on use of mobile phones etc in schools in England

1 In Part 10 of the Education Act 1996, after Chapter 2 insert—
2 In section 89 of the Education and Inspections Act 2006 (determination by head teacher of behaviour policy), after subsection (6) insert—

Children not in school

37 Withdrawal of children from school: local authority involvement

1 After section 434 of the Education Act 1996 insert—
2 In section 569 of that Act (regulations)—
a in subsection (2A), after “section” insert “434B,”;
b in subsection (2BB), after “section” insert “434B or”.

38 Registration

1 The Education Act 1996 is amended as follows.
2 After section 436A insert—
3 In section 569(2A)—
a after “section” insert “436B(6), 436C(1)(g), 436C(2), 436C(4), 436E(1)(a), 436E(7), 436E(9), 436F(1), 436F(2),”;
b after “550ZC(7)” insert “, or under paragraph 5 of Schedule 31A”.
4 In section 569(2B)—
a omit “A statutory instrument containing”;
b after “397” insert “, 436I(6)”;
c for the words after “the Welsh Ministers” substitute “are subject to the Senedd annulment procedure (see section 37E of the Legislation (Wales) Act 2019 (anaw 4)).”
5 In section 569(2BA)—
a omit the words from the beginning to “provision)”;
b for the words after “2018” substitute “are subject to the Senedd approval procedure (see section 37C of the Legislation (Wales) Act 2019).”
6 In section 569(2BB)—
a omit the words from the beginning to “provision)”;
b after “section” insert “436B(6), 436C(1)(g), 436C(2), 436C(4), 436E(1)(a), 436E(7), 436E(9), 436F(1), 436F(2) or”;
c after “579(3C)” insert “, or under paragraph 5 of Schedule 31A”;
d for the words after “579(3C)” substitute “are subject to the Senedd approval procedure (see section 37C of the Legislation (Wales) Act 2019).”
7 After Schedule 31 insert—

39 School attendance orders

1 The Education Act 1996 is amended as follows.
2 After section 436G (as inserted by section 38) insert—
3 In section 572 (service of notices and other documents), at the end insert—
4 In Schedule 1 (pupil referral units), for paragraph 14 substitute—

40 Children not in school: processing of information

After section 436S of the Education Act 1996 (as inserted by section 39) insert—

41 Guidance on children not in school and school attendance orders

After section 436T of the Education Act 1996 (as inserted by section 40) insert—

42 Children not in school: consequential amendments

Schedule 2 contains consequential amendments relating to section 39.

Independent educational institutions

43 Expanding the scope of regulation

1 The Education and Skills Act 2008 is amended as follows.
2 For section 92 (meaning of “independent educational institution”) substitute—
3 Omit section 93 (application of Chapter to institutions in England only).
4 Omit section 93A (application of Chapter to alternative provision Academies that are not independent educational institutions).
5 In section 98(3) (information to be included in registration application), omit paragraph (a).
6 In section 99(5) (content of entry in register), for “98(3)(a)” substitute “98(3)(b)”.
7 In section 132 (power to apply provisions of Chapter 1 of Part 4 to independent post-16 colleges)—
a in subsection (2)(a)(ii), for “student” substitute “person”;
b in subsection (4)(b)(i), for “a student” substitute “provided with education and training”.
8 In section 138 (interpretation of Chapter 1 of Part 4)—
a in subsection (1), for the definition of “student” substitute—
;
b after subsection (1) insert—
9 In section 166(2) (instruments subject to affirmative procedure), after paragraph (f) insert—
.

44 Independent educational institution standards

1 The Education and Skills Act 2008 is amended as follows.
2 In section 94 (independent educational institution standards)—
a after subsection (1) insert—
;
b after subsection (3) insert—
3 After section 99 insert—
4 After section 118 insert—
5 In section 124 (appeal by proprietor against decision of Secretary of State to deregister), after subsection (4) insert—
6 In section 125 (appeal by proprietor against other decisions of Secretary of State)—
a in subsection (1)—
i omit the “or” at the end of paragraph (c);
ii after paragraph (d) insert—
;
b after subsection (7) insert—
7 After section 126 insert—
8 The amendment made by subsection (5) does not apply in relation to a decision taken by the Secretary of State under section 116(1)(b) of the Education and Skills Act 2008 before the coming into force of subsection (5).

45 Unregistered independent educational institutions: prevention orders

1 In section 96 of the Education and Skills Act 2008 (unregistered independent educational institutions: offence), after subsection (4) insert—
2 Before Schedule 1 to that Act insert—
3 In section 379 of the Sentencing Act 2020, in the table in subsection (1), after the entry for the Serious Crime Act 2007 insert—
.

46 Material changes

1 The Education and Skills Act 2008 is amended as follows.
2 In section 98 (applications for registration)—
a in subsection (3)—
i in paragraph (e), after “students” insert “, including under arrangements with other persons”;
ii after paragraph (e) insert—
;
b after subsection (3) insert—
3 In section 99 (determination of applications for registration), after subsection (5) insert—
4 In the italic heading before section 101 (material change), omit “to registered details”.
5 In section 101 (definition of “material change”), for subsections (2) and (3) substitute—
6 In section 102 (requirement to apply for approval for material change), after subsection (2) insert—
7 For section 103 (inspections) substitute—
8 In section 104 (determination of applications for approval)—
a for subsection (1) substitute—
;
b in subsection (2)—
i in the words before paragraph (a), for “subsection (1)” substitute “this section”;
ii in paragraph (a), after “Chief Inspector” insert “or an independent inspectorate”;
iii in paragraph (b), for “relating to the independent educational institution standards” substitute “that is relevant to the application”;
c in subsection (3), for “subsection (1)” substitute “this section”;
d in subsection (4), for “subsection (1) to refuse” substitute “this section not”.
9 In section 105 (powers where institution makes unapproved material change), in subsection (1)(c)(ii) for “has been refused” substitute “the Secretary of State has decided not to approve it”.
10 In section 125 (appeal by proprietor against other decisions of Secretary of State), in subsection (1)(b), for “104(1) (refusal” substitute “104 (decision not”.
11 In section 138 (interpretation), after subsection (2) insert—
12 In section 166 (orders and regulations), in subsection (6)(a), after “circumstances” insert “, purposes”.

47 Deregistration by agreement

1 The Education and Skills Act 2008 is amended as follows.
2 In section 100 (power to deregister), after subsection (1) insert—
3 In section 100(3), in the words before paragraph (a), for “The Secretary of State’s decision” substitute “A decision by the Secretary of State under subsection (1)”.
4 In section 124(1)(a) (appeal against decision to deregister under section 100) for “100” substitute “100(1)”.

48 Imposition of relevant restrictions

1 The Education and Skills Act 2008 is amended as follows.
2 In section 105—
a in the heading, for “Power to deregister” substitute “Powers in relation to”;
b in subsection (1)—
i for the words before paragraph (a) substitute “This section applies where—”;
ii in paragraph (a), for “the” substitute “an independent educational”;
c after subsection (1) insert—
;
d in subsection (2), omit “to remove it from the register”;
e in subsection (3)(a), after “124” insert “or 125”.
3 In section 117 (meaning of “relevant restriction”), in subsection (2)(a), after “section” insert “105(1A)(a) or”.
4 In section 118 (relevant restrictions imposed by Secretary of State)—
a in subsection (1), before “116(1)(a)” insert “105(1A)(a) or”;
b in subsection (2), omit “not exceeding level 5 on the standard scale”.
5 In section 125 (appeal by proprietor against other decisions of Secretary of State), in subsection (1)(c), after “section” insert “105(1A)(a) or”.

49 Powers of entry and investigation etc

1 The Education and Skills Act 2008 is amended as follows.
2 Omit section 97 (unregistered independent educational institutions: inspection).
3 After section 127 insert—
4 In section 138 (interpretation), after subsection (3) (inserted by section 46(11)) insert—
5 The Criminal Justice and Police Act 2001 is amended as follows.
6 In section 57(1) (retention of seized items), after paragraph (y) (inserted by the Border Security, Asylum and Immigration Act 2025) insert—
7 In section 65 (meaning of “legal privilege”)—
a after subsection (8C) insert—
;
b in subsection (9)—
i at the end of paragraph (e) omit “or”;
ii at the end of paragraph (g) insert “, or”;
iii after paragraph (g) insert—
8 In Part 1 of Schedule 1 (powers of seizure to which section 50 of the Act applies), after paragraph 73Y (inserted by the Border Security, Asylum and Immigration Act 2025) insert—

50 Application of schools provision to independent educational institutions

1 The Education and Skills Act 2008 is amended as follows.
2 After section 137 insert—
3 In section 166(2) (instruments subject to affirmative procedure)—
a omit the “or” at the end of paragraph (g);
b after that paragraph insert—
.

Inspections of schools and colleges

51 Inspectors and inspectorates: reports and information sharing

1 In section 87BA of the Children Act 1989 (quality assurance of inspectors under section 87A), for subsection (1) substitute—
2 After that section insert—
3 In section 107 of the Education and Skills Act 2008 (quality assurance of independent inspectorates), for subsection (1) substitute—
4 After that section insert—

Teacher misconduct

52 Teacher misconduct

1 The Education Act 2002 is amended as follows.
2 In section 141A (teachers to whom misconduct regime applies)—
a in subsection (1)—
i in the words before paragraph (a), after “is” insert “or has (at any time) been”;
ii after paragraph (ba) insert—
;
b in subsection (2), after the definition of “children’s home” insert—
.
3 After section 141A insert—
4 In section 141B (investigation of disciplinary cases by the Secretary of State)—
a in subsection (1)—
i in the words before paragraph (a), for “an allegation is referred” substitute “it appears”;
ii in paragraph (a), for “may be” substitute “may (at any time) have been”;
b after subsection (3) insert—
5 In section 141D(4) (supply of information following dismissal, resignation etc: definitions)—
a in the definition of “relevant employer”—
i in paragraph (c), for “or 16 to 19 Academy” substitute “, a 16 to 19 Academy, an independent educational institution or a special post-16 institution”;
ii after paragraph (d) insert—
;
iii in paragraph (e), after “employs” insert “or engages”;
b after the definition of “children’s home” insert—
;
c after the definition of “services” insert—
.
6 In section 210(3) (instruments subject to affirmative procedure)—
a in the words before paragraph (a), after “order” insert “or regulations”;
b omit the “or” at the end of paragraph (e);
c after paragraph (f) insert
.

School teachers’ qualifications and induction

53 School teachers’ qualifications and induction

1 The Education Act 2002 is amended as follows.
2 In section 133 (requirement to be qualified), in subsection (6)—
a omit “or” after paragraph (a);
b after paragraph (b) insert
3 In section 135A(4) (requirement to serve induction period: teachers in England), at the end of the definition of “relevant school” insert “or Academies of a description specified by the Secretary of State in regulations under this section.”

Academies

54 Academy schools: duty to follow National Curriculum

1 The Academies Act 2010 is amended as follows.
2 In section 1A (Academy schools)—
a in subsection (1), for paragraph (b) substitute—
;
b after subsection (3) insert—
3 After section 13 insert—
4 After Schedule 1 insert—
5 In section 96 of the Education Act 2002 (procedure for making certain orders and regulations), after subsection (7) insert—

55 Academy schools: educational provision for improving behaviour

1 In the Education Act 2002, in section 29A (power of governing body in England: educational provision for improving behaviour), after subsection (4) insert—
2 In the Education Act 1996, in section 444ZA (application of section 444 to alternative educational provision), in subsection (1D)—
a in the words before paragraph (a), for “or a pupil referral unit” substitute “, a pupil referral unit or an Academy”;
b after paragraph (b) insert—
3 The provision that may be made in relation to Academy schools by the first regulations under section 29A(5) of the Education Act 2002 includes provision in relation to any relevant requirement imposed before those regulations come into force.
4 In relation to an Academy school, the requirement referred to in section 444ZA(1B) of the Education Act 1996 includes a reference to a relevant requirement imposed before the first regulations under section 29A(5) of the Education Act 2002 come into force.
5 In subsections (3) and (4) “relevant requirement”, in relation to an Academy school, means a requirement imposed by the proprietor of the school on a registered pupil to attend any place outside the school premises for the purpose of receiving educational provision which is intended to improve the behaviour of the pupil.

56 Academies: power to secure performance of proprietor’s duties

After section 497B of the Education Act 1996 (but before the italic heading before section 498) insert—

57 Inspection of Academy proprietors

1 The Education and Inspections Act 2006 is amended in accordance with subsections (2) and (3).
2 In Part 8 (inspections), after Chapter 2, insert—
3 In section 182 (parliamentary control of orders and regulations), in subsection (3), after paragraph (aza) insert—
.
4 The Academies Act 2010 is amended in accordance with subsections (5) to (7).
5 After section 2A insert—
6 For section 2C (new academy agreements) substitute—
7 For section 2D (old academy agreements) substitute—

58 Repeal of duty to make Academy order in relation to school causing concern

1 The Academies Act 2010 is amended as follows.
Amends Academies Act 2010 · 2 deletions

4 Academy orders

A1 The Secretary of State must make an Academy order in respect of a maintained school in England that is eligible for intervention by virtue of section 61 or 62 of EIA 2006.
1 An “Academy order” is an order— (a) requiring the local authority in England that maintains a school to which the order relates to cease to maintain the school, and (b) made for the purpose of enabling the school to be converted into an Academy other than by virtue of section 61 or 62 of EIA 2006.

subsections (2) – (4) unchanged

2 In section 4 (Academy orders)—
a omit subsection (A1);
b in subsection (1)(b), omit “other than by virtue of section 61 or 62 of EIA 2006”.
3 In section 5(2) (consultation about conversion: schools not eligible for intervention), for “section 4(A1) or (1)(b)” substitute “section 4(1)(b)”.
Amends Academies Act 2010 · 1 deletion

5A Consultation about identity of Academy sponsor

[Whole section repealed.]

4 Omit section 5A (consultation about identity of Academy sponsor).
5 In section 5B(1) (duty to facilitate conversion), for “section 4(A1) or (1)(b)” substitute “section 4(1)(b)”.
6 In section 5C(1) (power to give directions to do with conversion), for “section 4(A1) or (1)(b)” substitute “section 4(1)(b)”.
7 In section 5D (power to revoke Academy orders)—
a in the heading, for “section 4(A1) or (1)(b)” substitute “section 4(1)(b)”;
b in subsection (1), for “section 4(A1) or (1)(b)” substitute “section 4(1)(b)”.
Amends Education and Adoption Act 2016 · 2 deletions

7 Duty to make Academy order in respect of school causing concern

[Section repealed by Children’s Wellbeing and Schools Act 2026, s. 58(8).]

9 Notification and consultation about identity of Academy sponsor

[Section repealed by Children’s Wellbeing and Schools Act 2026, s. 58(8).]

8 In the Education and Adoption Act 2016, omit sections 7 and 9.
9 The amendments made by this section are to be disregarded in a case where, immediately before the day on which this section comes into force—
a an order under section 4(A1) of the Academies Act 2010 has effect in respect of a school, and
b the school has not been converted into an Academy in pursuance of the order (and for this purpose “converted into an Academy” is to be read in accordance with section 4(3) of that Act).

Teachers’ pay and conditions

59 Pay and conditions of Academy teachers

Schedule 3 amends Part 8 of the Education Act 2002 (teachers’ pay and conditions etc) in relation to the pay and conditions of teachers at Academies (other than 16 to 19 Academies).

60 Application of pay and conditions orders to education action zones

1 Section 128 of the Education Act 2002 (application of section 122 orders to teachers at schools forming part of education action zones) is repealed.
2 In section 210(5) of that Act (order and regulations)—
a at the end of paragraph (b) insert “or”;
b omit paragraph (c) (together with the final “or”).

School places and admissions

61 Co-operation between schools and local authorities

1 In the School Standards and Framework Act 1998, after section 85 insert—
2 In the Education Act 1996, after section 19A insert—

62 Power to direct admission: extension to Academies

1 In section 96(8) of the School Standards and Framework Act 1998 (schools subject to local authority powers to direct admission of individual pupils), for “a maintained school” substitute
2 In the same Act—
a in section 96(1), for “governing body of” substitute “admission authority for”;
b in section 96(3A), after “99(2)(c)” insert “(or, in the case of an Academy school, that would fall within that provision if it applied)”;
c in section 96, after subsection (4) insert—
;
d in section 96(5), for “governing body” substitute “admission authority”;
e in section 97(1)(b), for “governing body of” substitute “admission authority for”;
f in section 97(2)(a), for “governing body and head teacher of” substitute “admission authority for, and head teacher of,”;
g in section 97(3), for “governing body” substitute “admission authority”.

63 Power to direct admission: additional triggers

1 Section 96 of the School Standards and Framework Act 1998 (general power of local authority to direct admission of individual pupil) is amended as follows.
2 After subsection (1) insert—
3 In subsection (7), after “section” insert
.

64 Functions of adjudicator in relation to admission numbers

1 The School Standards and Framework Act 1998 is amended as follows.
2 After section 88I insert—
3 In section 86 of the School Standards and Framework Act 1998 (parental preferences), after subsection (5B) insert—
4 In section 88K (sections 88H and 88I: supplementary)—
a in the heading, for “and 88I” substitute “, 88I and 88IA”, and
b in subsection (5), for “section 88I” substitute “sections 88I and 88IA”.

Establishment of new schools

65 Amendments to invitation process for establishment of new schools

1 Part 2 of the Education and Inspections Act 2006 (establishment, discontinuance or alteration of schools) is amended in accordance with subsections (2) to (4).
2 Omit section 6A (requirement to seek proposals for establishment of new Academies).
3 In section 7 (invitation for proposals for establishment of new schools)—
a for subsection (1) substitute—
;
b in subsection (2)—
i in paragraph (a), omit the words from “other than” to the end of the paragraph (including the “or”), and
ii at the end of paragraph (b) insert
;
c after subsection (2) insert—
;
d in subsection (5), at the end of paragraph (a) insert
;
e in subsection (6)—
i omit the “and” after paragraph (a), and
ii after paragraph (b) insert
.
4 In section 7A (withdrawal of notices under section 7)—
a in subsection (2)(a), omit “, with the consent of the Secretary of State”;
b after subsection (2) insert—
5 In section 10 of the Academies Act 2010 (consultation: new and expanded educational institutions), in subsection (1)(a) omit the words from “other” to “authority),”.

66 Certain proposals to establish new schools: publication requirements etc

1 Part 2 of the Education and Inspections Act 2006 (establishment, discontinuance or alteration of schools) is amended as follows.
2 In section 10 (publication of proposals with consent of Secretary of State)—
a for the heading substitute “Proposals other than proposals pursuant to a section 7 notice: publication etc”;
b for subsections (1) and (2) substitute—
;
c in subsection (5)—
i for “(2)” substitute “(2B)”,
ii the words from “the proposers” to the end become paragraph (a), and
iii at the end of that paragraph insert
3 Omit section 11 (publication of proposals to establish maintained schools: special cases).
4 In section 12 (establishment of school as federated school), in subsection (1)(a), for “7, 10 or 11” substitute “7 or 10”.
5 In section 13 (schools established outside area of relevant local authority), in paragraph (b), omit “or 11”.

67 Establishment of pupil referral units

In section 28 of the Education and Inspections Act 2006 (restriction on establishment, alteration or discontinuance of schools), after subsection (4) insert—

68 Process for considering, approving and implementing proposals for the establishment of new schools

Schedule 4 amends Schedule 2 to the Education and Inspections Act 2006 (proposals for establishment or discontinuance of schools in England).

69 Transitional provision

1 The amendments made by section 65(2) and Schedule 4 do not apply in relation to a case where, before those provisions come into force, a local authority in England has—
a sought proposals for the establishment of an Academy under section 6A(1) of EIA 2006, and
b specified a date for the proposals to be submitted under subsection (2) of that section,
but a final determination of the proposals has not been made.
2 The amendments made by section 65(3) and (4) and Schedule 4 do not apply in relation to a case where, before those provisions come into force, a local authority has published a notice under section 7 of EIA 2006 but a final determination of any proposals made pursuant to such a notice has not been made.
3 The requirement to consult under section 9(1) of EIA 2006 in relation to a notice under section 7 of that Act as amended by section 65(3) may be satisfied by consultation that occurs wholly or partly before the coming into force of section 65(3).
4 The amendments made by section 66(2) to (5) and Schedule 4 do not apply in relation to a case where, before those provisions come into force, a local authority or any other person has published proposals under section 10 or 11 of EIA 2006 but a final determination of the proposals has not been made.
5 The requirement to consult under section 10(4) of EIA 2006 in relation to proposals may be satisfied by consultation that occurs wholly or partly before the coming into force of section 66(2).
6 In this section, “EIA 2006” means the Education and Inspections Act 2006.

Part 3 Online safety etc

70 Power to require providers of internet services to prevent or restrict access by children to internet services

1 The Online Safety Act 2023 is amended as follows.
2 After section 214 insert—
3 In section 225 (parliamentary procedure for regulations), in subsection (1), after paragraph (e) insert—
.

71 Progress statement

1 The Secretary of State must, before the end of the period of three months beginning with the day on which this Act is passed, lay before Parliament a statement setting out—
a what progress has been made towards making the first regulations under section 214A(1) of the Online Safety Act 2023 (inserted by section 70 of this Act) (“the first regulations”), and
b a timeline for making the first regulations.
2 The timeline must provide for the first regulations to be laid before Parliament before the end of the period of 12 months beginning with the day on which the statement is laid under subsection (1).
3 The duty in subsection (1) does not apply where the first regulations have been made before the end of the period mentioned in subsection (1).
4 If the first regulations have not been laid before Parliament before the end of the period mentioned in subsection (2)—
a the Secretary of State must lay before Parliament a statement explaining why, and
b before the end of the period of six months beginning with the day on which the statement under paragraph (a) is laid, the Secretary of State must lay the first regulations before Parliament.
5 References in this section to the laying before Parliament of the first regulations are to the laying before Parliament of a draft of a statutory instrument containing the first regulations.

72 Age of consent in relation to processing of a child’s personal data: information society services

1 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data is amended as follows.
Amends UK GDPR (Regulation (EU) 2016/679) · 2 insertions

Article 8 Conditions applicable to child’s consent in relation to information society services

paragraphs 1 – 2 unchanged

2A The Secretary of State may by regulations— (a) amend paragraph 1 so as to change the age for the time being specified in that paragraph (but not to an age lower than 13 years or higher than 16 years); (b) make provision in relation to services specified, or of a description specified, in the regulations for a different age to apply for the purposes of paragraph 1 (but not lower than 13 years or higher than 16 years).
2B Regulations under paragraph 2A are subject to the affirmative resolution procedure.

paragraph 3 unchanged

Article 8ZA Child’s consent in relation to information society services: age verification

new Article inserted, conferring regulation-making powers about age verification of data subjects giving consent to processing of personal data by information society services

2 In Article 8 (child’s consent in relation to information society services), after paragraph 2 insert—
3 After Article 8, insert—

Part 4 General

73 Power to make consequential provision

1 The Secretary of State may by regulations made by statutory instrument make provision that is consequential on provision made by this Act.
2 Regulations under this section may amend, repeal or revoke legislation passed or made before, or in the same session of Parliament as, this Act.
3 Except as provided by subsection (4), a statutory instrument that contains regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
4 A statutory instrument that contains (whether alone or with other provision) regulations under this section that amend, repeal or revoke primary legislation may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
5 The power to make regulations under this section includes power to make—
a supplementary, incidental, transitional or saving provision;
b different provision for different purposes or areas.
6 In this section, “primary legislation” means—
a an Act of Parliament,
b an Act of the Scottish Parliament,
c an Act or Measure of Senedd Cymru, or
d Northern Ireland legislation.

74 Power to make consequential provision: Wales

1 The Welsh Ministers may by regulations make provision that is consequential on any of the following provisions of this Act—
a section 13 (use of accommodation for deprivation of liberty);
b section 14(5) (service of documents under Part 2 of the Care Standards Act 2000);
c section 22 (ill-treatment or wilful neglect of children);
d sections 37 to 42 (children not in school).
2 Regulations under subsection (1) may contain only provision which would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd.
3 Regulations under this section may amend, repeal or revoke provision made by or under—
a an Act or Measure of Senedd Cymru passed before this Act, or
b an Act passed or made before, or in the same session of Parliament as, this Act.
4 Regulations under this section are to be made by Welsh statutory instrument (see section 37A of the Legislation (Wales) Act 2019 (anaw 4)).
5 Except as provided by subsection (6), regulations made under this section are subject to the Senedd annulment procedure (see section 37E of the Legislation (Wales) Act 2019 (anaw 4)).
6 Regulations made under this section that amend, repeal or revoke provision made by or under an Act or Measure of Senedd Cymru, or an Act, are subject to the Senedd approval procedure (see section 37C of the Legislation (Wales) Act 2019 (anaw 4)).
7 The power to make regulations under this section includes power to make—
a supplementary, incidental, transitional or saving provision;
b different provision for different purposes or areas.

75 Power to make consequential provision: Scotland

1 The Scottish Ministers may by regulations make provision that is consequential on section 13 (use of accommodation for deprivation of liberty).
2 Regulations under subsection (1) may contain only provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
3 Regulations under this section may amend, repeal or revoke provision made by or under—
a an Act of the Scottish Parliament passed before this Act, or
b an Act passed or made before, or in the same session of Parliament as, this Act.
4 For provision about instruments containing regulations under this section, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).
5 Except as provided by subsection (6), regulations made under this section are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
6 Regulations made under this section that amend, repeal or revoke provision made by or under an Act of the Scottish Parliament, or an Act, are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
7 The power to make regulations under this section includes power to make—
a supplementary, incidental, transitional or saving provision;
b different provision for different purposes or areas.

76 Financial provision

There is to be paid out of money provided by Parliament—
a any expenditure incurred under or by virtue of this Act by the Secretary of State or by a government department, and
b any increase attributable to this Act in the sums payable under or by virtue of any other Act out of money so provided.

77 Extent

1 Any amendment or repeal made by this Act has the same extent as the provision amended or repealed.
2 Subject to subsection (1)—
a sections 23 to 27 and Schedule 1 extend to England and Wales, Scotland and Northern Ireland;
b section 29 extends to Scotland only.
3 Subject to subsections (1) and (2), Parts 1 and 2 extend to England and Wales only.
4 Section 71 and this Part extend to England and Wales, Scotland and Northern Ireland.

78 Commencement

1 The following come into force on the day on which this Act is passed—
a any provision of or amendment made by Part 1 or 2, so far as it confers or relates to a power to make—
i regulations, or
ii in relation to the amendments made to the Education Act 2002 by Schedule 3, an order;
b Part 3;
c this Part.
2 The following come into force (for all or remaining purposes) at the end of the period of two months beginning with the day on which this Act is passed—
a section 5;
b section 22;
c section 31;
d section 36;
e section 51;
f section 55;
g section 56;
h section 58;
i section 59 and Schedule 3 other than paragraph 6 of that Schedule;
j section 60;
k section 61.
3 Subject to subsection (1), the following come into force, in relation to Wales, on such day as the Welsh Ministers may by regulations made by Welsh statutory instrument appoint—
a section 28;
b sections 37 to 42 and Schedule 2.
4 Subject to subsection (1), section 29 comes into force on such day as the Scottish Ministers may by regulations appoint.
5 Subject to subsections (1) to (4) , this Act comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.
6 Different days may be appointed under subsections (3), (4) or (5) for different purposes or areas.
7 The Secretary of State may by regulations made by statutory instrument make transitional or saving provision in connection with the coming into force of any provision of this Act other than—
a the provisions listed in subsection (3) in relation to Wales;
b section 29.
8 The Welsh Ministers may by regulations made by Welsh statutory instrument make transitional or saving provision in connection with the coming into force of any provision listed in subsection (3) in relation to Wales.
9 The Scottish Ministers may by regulations make transitional or saving provision in connection with the coming into force of section 29.
10 The power to make regulations under subsections (7), (8) or (9) includes power to make different provision for different purposes or areas.

79 Short title

This Act may be cited as the Children’s Wellbeing and Schools Act 2026.

Schedules

Schedule 1 

Relevant authorities

Section 23

Part 1 List of relevant authorities

1 The Secretary of State.
2 The Lord Chancellor.
3
1 The governing body of a maintained school in England.
2 In sub-paragraph (1), “maintained school” has the meaning given by section 39(1) of the Education Act 2002.
4
1 The proprietor of a non-maintained special school in England.
2 In sub-paragraph (1)—
a “non-maintained special school” has the meaning given by section 337A of the Education Act 1996;
b “proprietor” has the meaning given by section 579(1) of that Act.
5
1 The proprietor of—
a an Academy (as defined by section 579(1) of the Education Act 1996),
b a city technology college, or
c a city college for the technology of the arts.
2 In sub-paragraph (1), “proprietor” has the meaning given by section 579(1) of the Education Act 1996.
6
1 The governing body of an institution in England within the further education sector.
2 In sub-paragraph (1)—
a “institution within the further education sector” has the meaning given by section 91(3) of the Further and Higher Education Act 1992;
b “governing body” has the meaning given by section 90(1) of that Act.
7
1 The proprietor of a special post-16 institution in England in relation to which an approval under section 41(3) of the Children and Families Act 2014 has effect.
2 In sub-paragraph (1), “proprietor” and “special post-16 institution” have the meaning given by section 83(2) of the Children and Families Act 2014.
8 His Majesty’s Chief Inspector of Education, Children’s Services and Skills.
9 NHS England.
10 An integrated care board established under section 14Z25 of the National Health Service Act 2006.
11 An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006.
12 An NHS trust established under section 25 of the National Health Service Act 2006.
13 The Care Quality Commission.
14 The Youth Justice Board for England and Wales.

Part 2 Power to modify Part 1

15
1 The Secretary of State may by regulations made by statutory instrument amend Part 1 of this Schedule by—
a adding a person or description of persons,
b removing an entry listed in it, or
c varying an entry listed in it.
2 A statutory instrument containing regulations under sub-paragraph (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
16
1 Regulations under paragraph 15(1)(a) may not add a person or description of persons to Part 1 unless the Secretary of State considers that the person exercises, or (as the case may be) all persons of that description exercise, functions of a public nature.
2 Regulations under paragraph 15(1)(c) may not vary an entry listed in Part 1 so that it relates to a person who does not exercise functions of a public nature or, in the case of a description of persons, so that the description consists of or includes persons who do not exercise functions of a public nature.
17
1 Regulations under paragraph 15(1)(a) may not add a person or description of persons to Part 1 if the Secretary of State considers that the person or (as the case may be) any person of that description—
a exercises devolved functions only, or
b exercises any devolved functions, unless the entry for that person or description of persons provides that they are a relevant authority only to the extent that they are exercising functions that are not devolved functions.
2 Regulations under paragraph 15(1)(c) may not vary an entry listed in Part 1—
a so that it relates to a person who exercises devolved functions only, or in the case of a description of persons, so that the description consists of or includes any persons who exercise devolved functions only, or
b so that it relates to a person who exercises devolved functions, or in the case of a description of persons, so that the description consists of or includes any persons who exercise devolved functions, unless the entry provides that they are a relevant authority only to the extent that they are exercising functions that are not devolved functions.
3 In this paragraph, “devolved function” means a function that could be conferred by provision that would be within the legislative competence of—
a the Scottish Parliament, if it were contained in an Act of that Parliament (see section 29 of the Scotland Act 1998),
b Senedd Cymru, if it were contained in an Act of the Senedd (see section 108A of the Government of Wales Act 2006), or
c the Northern Ireland Assembly, if it were contained in an Act of the Assembly, where the Bill for that Act would not require the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).

Schedule 2 

Children not in school: consequential amendments

Section 42

1 Children Act 1989

Amends Children Act 1989 · 3 changes

36 Education supervision orders

subsections (1) – (4) unchanged

5 (a) which has been served on the parent under section 437section 436I of the Education Act 1996 …

remainder of section 36 unchanged

91 Effect and duration of orders etc

subsections (1) – (4) unchanged

5 An education supervision order shall have effect for a period of one year beginning with the date on which it is made; but the supervisor may from time to time make application under section 437section 436I of the Education Act 1996 for extension of the order.

remainder of section 91 unchanged

Schedule 3 — Supervision Orders

paragraphs 1 – 12 unchanged

13(2)(a)(i) & (b)(i) … references to “437436I” of the Education Act 1996.

remainder of Schedule 3 unchanged

1 The Children Act 1989 is amended as follows.
2 In section 36 (education supervision orders), in subsection (5)(a), for “437” substitute “436I”.
3 In section 91 (effect and duration of care orders etc), in subsection (5), for “437” substitute “436I”.
4 In Schedule 3 (supervision orders), in paragraph 13(2)(a)(i) and (b)(i), for “437” substitute “436I”.

2 Education Act 1996

Amends Education Act 1996 · 4 changes, 4 insertions, 6 deletions

437–443 School attendance orders

[Sections 437 to 443, together with the italic headings before sections 437 and 443, are repealed by the Children’s Wellbeing and Schools Act 2026, Schedule 2, paragraph 2(2).]

Italic heading before s. 444

Offence of failure to secure regular attendance at school of registered pupil

Italic heading before s. 445

Offences: general

445 Presumption of failure to secure regular attendance

1 In any proceedings for an offence under section 443436Q …

446 Power of local authority to prosecute

Proceedings for an offence under section 443436Q … may be instituted by a local authority.

447 Education supervision orders as alternative to prosecution

1 Before instituting proceedings for an offence under section 443436Q …
2(a) … references to section 443436Q …

Italic heading before s. 447A

Interpretation of Chapter

447A Interpretation of Chapter 2

In this Chapter— “maintained school” means any community, foundation or voluntary school or any community or foundation special school not established in a hospital; “school nomination notice” means a notice under section 436L.

580 Index of defined expressions

In the entry for “school attendance order”, in the second column, for “section 437(3)section 436I”.

1 The Education Act 1996 is amended as follows.
2 Omit sections 437 to 443 (school attendance orders) and the italic headings before sections 437 and 443.
3 Before section 444 insert—
.
4 Before section 445 insert—
.
5 In sections 445(1), 446 and 447(1) and (2)(a), for “443” substitute “436Q”.
6 After section 447 insert—
7 In section 580 (index), in the second column of the entry relating to “school attendance order”, for “section 437(3)” substitute “section 436I”.

3 School Standards and Framework Act 1998

Amends School Standards and Framework Act 1998 · 1 change

86 Parental preferences

subsections (1) – (7) unchanged

8 (b) … references to “section 438(4) or 440(2)436L(4) or 436O(2)”.
In section 86 of the School Standards and Framework Act 1998 (parental preferences), in subsection (8)(b), for “438(4) or 440(2)” substitute “436L(4) or 436O(2)”.

4 Sentencing Act 2020

Amends Sentencing Act 2020 · 2 changes

369 Parenting order in respect of certain offences under the Education Act 1996

1(a) a person is convicted of an offence under section 443436Q … of the Education Act 1996.
2, 4, 5(a) In each, references to section 443436Q of the Education Act 1996.
In section 369 of the Sentencing Act 2020 (parenting order in respect of certain offences under the Education Act 1996)—
a in subsection (1)(a), for “443” substitute “436Q”;
b in subsections (2), (4) and (5)(a), for “443” substitute “436Q”.

Schedule 3 

Pay and conditions of Academy teachers: amendments to the Education Act 2002

Section 59

1 Part 8 of the Education Act 2002 (teachers’ pay and conditions etc) is amended as follows.
Amends Education Act 2002 · 1 change

120 School Teachers’ Review Body

subsection (1) unchanged

2 “School teacher” means a person employed as a school teacher otherwise than at an Academy or city technology college or city college for the technology of the arts who is a school teacher for the purposes of the Secretary of State’s power to make orders under section 122 of this Actsection 122 or an Academy teacher for the purposes of section 122A.
2 In section 120(2) (School Teachers’ Review Body function: meaning of school teacher), for the words from “the Secretary of State’s” to the end substitute “section 122 or an Academy teacher for the purposes of section 122A.”
Amends Education Act 2002 · 1 insertion

121 Persons to be consulted by School Teachers’ Review Body

subsection (1) unchanged

2 The Review Body shall consult with such of— (a) bodies representing the interests of local authorities, (b) bodies representing the interests of governing bodies of schools,
ba bodies representing the interests of proprietors of Academies,
3 In section 121(2) (bodies to be consulted by School Teachers’ Review Body), after paragraph (b) insert—
.
Amends Education Act 2002 · 1 insertion

122 Power to prescribe remuneration etc of teachers of school teachers other than Academy teachers

4 In the heading of section 122, after “conditions” insert “of school teachers other than Academy teachers”.
Amends Education Act 2002 · 1 insertion

122A Power to set minimum remuneration of Academy teachers etc

1 The Secretary of State may by order make provision requiring the remuneration of an Academy teacher to be at least equal to the amount specified in, or determined in accordance with, the order.
2 Subsection (3) applies where— (a) an order under this section applies to an Academy teacher, and (b) the contract of employment or for services between the Academy teacher and the relevant proprietor provides for the teacher to be paid remuneration that is less than the amount specified in, or determined in accordance with, the order.

subsections (3) – (10) treat the contract as having effect as though it provided for the higher amount and set out related supplementary provision

5 After section 122 insert—
Amends Education Act 2002 · 1 insertion

122A Power to set minimum remuneration of Academy teachers etc

subsections (1) – (10) unchanged

10A In determining the conditions of employment or service of an Academy teacher, the relevant proprietor must have regard to any provision of an order under section 122 that relates to conditions of employment or service (and must also have regard to guidance under section 127(1) that relates to such conditions).
6 In section 122A (inserted by paragraph 5), after subsection (10) insert—
Amends Education Act 2002 · 5 insertions

123 Scope of section 122 or 122A orders

1 An order under section 122 may make different provision for different cases.
1A Subsection (1) applies in relation to an order under section 122A as it does in relation to an order under section 122 but as if— (a) the reference in paragraph (a) to a local authority or a governing body were to a proprietor of an Academy, and (b) paragraphs (f) to (h) were omitted.
2(b) references to local authorities, teachers and proprietors of Academies.
3 An order under section 122 or 122A may include incidental, supplementary or transitional provision.
4 References to section 122 or 122A orders apply equally to revocations.
7 In section 123 (scope of section 122 orders)—
a in the heading, after “122” insert “or 122A”;
b after subsection (1) insert—
;
c in subsection (2)(b), after “local authorities” insert “, teachers and proprietors of Academies”;
d in subsection (3), after “122” insert “or 122A”;
e in subsection (4), after paragraph (c) insert—
Amends Education Act 2002 · 1 insertion

124 Supplementary provision about orders under section 122 or 122A

In each place where “122” occurs (including the heading), insert “or 122A”.

8 In section 124 (supplementary provision), after “122”, in each place it occurs (including the heading), insert “or 122A”.
Amends Education Act 2002 · 1 insertion

125 Requirement to refer matter to Review Body before making order

1 Before making an order under section 122 or 122A …
9 In section 125(1) (requirement to refer matter before making order), after “122” insert “or 122A”.
Amends Education Act 2002 · 2 insertions

126 Bodies to be consulted by the Secretary of State

After “122” insert “, 122A”.

ba bodies representing the interests of proprietors of Academies,
10 In section 126 (bodies to be consulted by the Secretary of State)—
a after “122” insert “, 122A”;
b after paragraph (b) insert—
.
Amends Education Act 2002 · 3 insertions

127 Guidance issued by the Secretary of State

subsections (1) – (2) unchanged

2A The Secretary of State may issue guidance about the determination of whether, for the purposes of section 122A, a person’s remuneration is at least equal to the amount specified in, or determined in accordance with, an order under that section.
2B The proprietor of an Academy must have regard to guidance under subsection (2A).
3 References to subsection (1) or (2A).
4 References to subsection (1) or (2A); after paragraph (b) insert—
ba bodies representing the interests of proprietors of Academies,
11 In section 127 (guidance issued by the Secretary of State)—
a after subsection (2) insert—
;
b in subsection (3), after “(1)” insert “or (2A)”;
c in subsection (4)—
i after “(1)” insert “or (2A)”;
ii after paragraph (b) insert—
.
Amends Education Act 2002 · 1 insertion

127A References to “Academy” and “Academy arrangements”

1 In sections 121 to 127, a reference to an Academy— (a) includes a reference to a city technology college and a city college for the technology of the arts, and (b) does not include a reference to a 16 to 19 Academy.
2 A reference in any of those sections to Academy arrangements includes a reference to an agreement under section 482 of the Education Act 1996 (city colleges).
12 After section 127 insert—
Amends Education Act 2002 · 1 insertion

210 Orders, regulations and directions

6 After “122” insert “or 122A”.
13 In section 210(6) (orders not subject to Parliamentary procedure), after “122” insert “or 122A”.

Schedule 4 

Establishment of new schools: amendments to Schedule 2 to the Education and Inspections Act 2006

Section 68

1 Schedule 2 to the Education and Inspections Act 2006 (proposals for establishment or discontinuance of schools in England) is amended as follows.
Amends Education and Inspections Act 2006 · 1 deletion

Schedule 2, paragraph 1(1) — Application of Schedule

This Schedule applies to proposals published under sections 7, 10, 11 or 15 …

2 In paragraph 1(1) (application of Schedule), omit “, 11”.
Amends Education and Inspections Act 2006 · 1 deletion

Schedule 2, paragraph 2(b) — Meaning of “the relevant authority”

In relation to proposals under section 10, 11 or 15 …

3 In paragraph 2 (meaning of “the relevant authority”), in paragraph (b) omit “, 11”.
Amends Education and Inspections Act 2006 · 1 deletion

Schedule 2, paragraph 3A — Meaning of “Academy proposals” and “non-Academy proposals”

[Paragraph 3A, together with the italic heading before it, repealed by Children’s Wellbeing and Schools Act 2026, Schedule 4, paragraph 4.]

4 Omit paragraph 3A (meaning of “Academy proposals” and “non-Academy proposals”) and the italic heading before it.
Amends Education and Inspections Act 2006 · 1 change, 1 deletion

Schedule 2, paragraph 4 — References to persons by whom proposals are made

a proposals under section 7 are to be taken to be made by the person who submitted themproposals under section 7 are to be taken to be made— (i) where the proposals are submitted to the relevant authority under subsection (4)(b) of that section, by the person who submitted them, and (ii) where the proposals are published by the relevant authority in reliance on subsection (5)(aa) of that section, by the relevant authority, and
b references to section 10, 11 or 15 …
5
1 Paragraph 4 (references to persons by whom proposals are made) is amended as follows.
2 For paragraph (a), substitute—
.
3 In paragraph (b), omit “, 11”.
Amends Education and Inspections Act 2006 · 1 deletion

Schedule 2, paragraph 5A — Consideration of proposals: distinction between Academy and non-Academy proposals

[Paragraph repealed.]

6 Omit paragraph 5A (consideration of proposals: distinction between Academy and non-Academy proposals).
Amends Education and Inspections Act 2006 · 1 change

Schedule 2, paragraph 6 — Consideration of proposals

For “section 10 or 117 or 10” substitute.

7 In paragraph 6 (consideration of proposals), for “10 or 11” substitute “7 or 10”.
Amends Education and Inspections Act 2006 · 1 deletion

Schedule 2, paragraph 7A — Consideration of Academy proposals

[Paragraph repealed.]

8 Omit paragraph 7A (consideration of Academy proposals).
Amends Education and Inspections Act 2006 · 2 insertions

Schedule 2, paragraph 8 — Consideration of proposals: further provision

2 The relevant authority must make a determination about whether to approve the proposals and may submit those proposals to the Secretary of State or the adjudicator.

subsection (3) – (4) unchanged

4A Sub-paragraphs (3) and (4) are limited by provision made by or under paragraph 17A in relation to proposals for the establishment of an Academy.
9
1 Paragraph 8 (consideration of proposals: further provision) is amended as follows.
2 In sub-paragraph (2), after “proposals to” insert “the Secretary of State or”.
3 After sub-paragraph (4) insert—
Amends Education and Inspections Act 2006 · 1 deletion

Schedule 2, paragraph 9 — Consideration of proposals related to other proposals

In sub-paragraph (2A)(b) omit “, 11”.

10 In paragraph 9 (consideration of proposals that are related to other proposals), in sub-paragraph (2A)(b), omit “, 11”.
Amends Education and Inspections Act 2006 · 1 insertion

Italic heading before Schedule 2, paragraph 10

Duty to refer to Secretary of State or adjudicator.

11 In the italic heading before paragraph 10, after “refer to” insert “Secretary of State or”.
Amends Education and Inspections Act 2006 · 2 changes, 1 insertion

Schedule 2, paragraph 10 — Duty to refer certain proposals to adjudicator

1 The relevant authority must refer the proposals to the adjudicatorappropriate person—
a any of the proposals are made by the relevant authorityall of the proposals published under section 7 which would otherwise require consideration by the authority under paragraph 8 where— (i) some or all of the proposals are made by the authority, or (ii) the proposals consist of or include proposals which relate to the establishment of a foundation school with a foundation falling within sub-paragraph (2);

further consequential changes throughout sub-paragraphs (1) – (3)

12
1 Paragraph 10 (duty to refer certain proposals to adjudicator) is amended as follows.
2 In sub-paragraph (1)—
a in the words before paragraph (a), for “adjudicator” substitute “appropriate person”,
b for paragraph (a) substitute—
, and
c in paragraph (b), omit “or 11”.
3 In sub-paragraph (3), for “adjudicator” in both places it occurs, substitute “appropriate person”.
4 After that sub-paragraph insert—
Amends Education and Inspections Act 2006 · 1 change

Italic heading before Schedule 2, paragraph 12

For “adjudicator” substitute “Secretary of State”.

13 In the italic heading before paragraph 12, for “adjudicator” substitute “Secretary of State”.
Amends Education and Inspections Act 2006 · 1 change

Schedule 2, paragraph 12 — Duty to refer proposals in pursuance of direction by Secretary of State

1 For “adjudicator” substitute “Secretary of State”.
14 In paragraph 12 (duty to refer proposals in pursuance of direction by Secretary of State), in sub-paragraph (1), for “adjudicator” substitute “Secretary of State”.
Amends Education and Inspections Act 2006 · 1 insertion

Italic heading before Schedule 2, paragraph 13

Duty to refer certain proposals …

15 In the italic heading before paragraph 13, after “refer” insert “certain”.
Amends Education and Inspections Act 2006 · 1 change

Schedule 2, paragraph 13 — Duty to refer proposals where determination delayed

[Existing text.](1) This paragraph applies where— (a) proposals under section 10 or 15 are required to be considered under paragraph 8, (b) paragraph 8(4) applies in relation to the proposals, and (c) by the end of such period as may be prescribed the relevant authority have not determined whether to give any approval under paragraph 8(4). (2) Where this paragraph applies, the relevant authority must within a prescribed time refer to the adjudicator the proposals concerned, together with any comments made on the proposals by the authority or other persons.

16 For paragraph 13 (duty to refer proposals where determination delayed) substitute—
Amends Education and Inspections Act 2006 · 2 deletions

Schedule 2, paragraph 14 — Reference to adjudicator at request of aggrieved person

1 Omit “, 11”.
2(c) Omit “or 11”.
17
1 Paragraph 14 (reference to adjudicator at request of aggrieved person) is amended as follows.
2 In sub-paragraph (1), omit “, 11”.
3 In sub-paragraph (2)(c), omit “or 11”.
Amends Education and Inspections Act 2006 · 1 change, 1 deletion

Schedule 2, paragraph 15 — Duty to refer related proposals

a For “7, 10, 11 or 15” substitute “10 or 15”.
b Omit “, 11”.
18
1 Paragraph 15 (duty to refer related proposals) is amended as follows.
2 In paragraph (a), for “7, 10, 11 or 15” substitute “10 or 15”.
3 In paragraph (b), omit “, 11”.
Amends Education and Inspections Act 2006 · 2 changes, 2 insertions

Schedule 2, paragraph 16 — Withdrawal of proposals before determination

1(b) After “referred to” insert “the Secretary of State or”, and for “the adjudicator” (second occurrence) substitute “that person”.
2 After “writing to” insert “the Secretary of State or”, and for “the adjudicator” (second occurrence) substitute “that person”.
19
1 Paragraph 16 (withdrawal of proposals before determination) is amended as follows.
2 In paragraph (b) of sub-paragraph (1)—
a after “referred to” insert “the Secretary of State or”, and
b for “the adjudicator”, in the second place it occurs, substitute “that person”.
3 In the words after that paragraph, for “the adjudicator” substitute “the Secretary of State or the adjudicator, as the case may be”.
4 In sub-paragraph (2)—
a after “writing to” insert “the Secretary of State or”, and
b for “the adjudicator”, in the second place it occurs, substitute “that person”.
Amends Education and Inspections Act 2006 · 1 insertion

Italic heading before Schedule 2, paragraph 17

References to Secretary of State or adjudicator.

20 In the italic heading before paragraph 17, after “to” insert “Secretary of State or”.
Amends Education and Inspections Act 2006 · 1 change

Schedule 2, paragraph 17 — Consideration by decision-maker

[Existing paragraph 17.](1) This paragraph applies where any proposals are referred to the Secretary of State or to the adjudicator (“the decision-maker”) under any provision of this Part of this Schedule. (2) The decision-maker must consider the proposals or, in a case where the proposals have previously been determined by the relevant authority, must consider them afresh.

21 For paragraph 17 substitute—
Amends Education and Inspections Act 2006 · 1 insertion

Schedule 2, paragraph 17A — Proposals to establish Academy

1 This paragraph applies in relation to proposals published under section 7 which consist of or include proposals to establish an Academy, other than proposals which have been referred to the Secretary of State under paragraph 10.
2 The relevant authority must consult the Secretary of State about the proposals before taking any decision under paragraph 8.

subsections (3) – (4) confer regulation-making power about the consultation

22 After paragraph 17 insert—
Amends Education and Inspections Act 2006 · 1 change, 1 deletion

Schedule 2, paragraph 19 — Determination whether to implement proposals not requiring consideration under paragraph 8

4 (a) For paragraph (aa) substitute— (aa) proposals published under section 7 that— (i) require consideration under paragraph 8 and are not yet determined, and (ii) are not required to be referred to the Secretary of State,; (b) Omit “or 11”.
23
1 Paragraph 19 (determination whether to implement proposals not requiring consideration under paragraph 8) is amended as follows.
2 In sub-paragraph (4)—
a for paragraph (aa) substitute—
;
b in paragraph (b) omit “or 11”.
Amends Education and Inspections Act 2006 · 3 insertions

Schedule 2, paragraph 21 — Requirement to implement proposals

5 After “refer to” insert “the Secretary of State or”.
5A Where the relevant authority have not yet taken a step required by this paragraph in relation to proposals published under section 7, the Secretary of State may give a direction to the authority requiring the authority to refer the matter to the Secretary of State.
6 After “paragraph” insert “in relation to proposals under section 10 or 15”.
24
1 Paragraph 21 (requirement to implement proposals) is amended as follows.
2 In sub-paragraph (5), after “refer to” insert “the Secretary of State or”.
3 After that sub-paragraph insert—
4 In sub-paragraph (6), after “paragraph” insert “in relation to proposals under section 10 or 15”.
5 In sub-paragraph (7)—
a in the words before paragraph (a)—
i after “referred to” insert “the Secretary of State or”, and
ii after “adjudicator” insert “(“the decision-maker”)”;
b in paragraph (a), for “adjudicator” substitute “decision-maker”;
c in paragraph (b), for “adjudicator” substitute “decision-maker”.
Amends Education and Inspections Act 2006 · 2 insertions

Schedule 2, paragraph 22 — Proposals not falling to be implemented

3 After “referred to” insert “the Secretary of State or”.
3A Where, by virtue of sub-paragraph (2), paragraph 21(1) ceases to apply to any proposals approved by the Secretary of State under paragraph 8, those proposals must be considered afresh by the Secretary of State under that paragraph (and paragraph 17 applies accordingly).
25
1 Paragraph 22 (proposals not falling to be implemented) is amended as follows.
2 In sub-paragraph (3), after “referred to” insert “the Secretary of State or”.
3 After that sub-paragraph insert—