Made under the Children’s Wellbeing and Schools Act 2026

5 statutory instruments made using powers in the Children’s Wellbeing and Schools Act 2026, newest first. Each one is explained section by section in plain English.

The Children’s Wellbeing and Schools Act 2026 (Commencement No. 2) (England) (Amendment) Regulations 2026

Published: Thu 27th Aug 26 Came into force: Fri 28th Aug 26

Restricted the 1 September 2026 commencement of pupil referral unit provisions to England only.


These regulations amend the commencement schedule for the Children's Wellbeing and Schools Act 2026 to specify the geographical application of certain provisions.

They direct that the legal requirements regarding the establishment of pupil referral units, effective from 1 September 2026, apply exclusively to units located in England.

The order applies to the Department for Education and local authorities responsible for educational provision in England.

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The Children’s Wellbeing and Schools Act 2026 (Commencement No. 3) (England) Regulations 2026

Activated the legal requirement for schools in England to maintain and publish allergy safety policies starting 1 September 2026.


These Regulations bring section 34 of the Children's Wellbeing and Schools Act 2026 into full force on 1 September 2026 for schools in England.

The activated provision requires educational institutions to implement and publish allergy safety policies while following statutory guidance issued by the government.

The instrument applies to schools governed by the Children and Families Act 2014, the Education Act 1996, and the Education and Skills Act 2008, and it authorizes the Secretary of State to create further regulations regarding pupil allergies.

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The Children’s Wellbeing and Schools Act 2026 (Establishment of Schools) (Consequential Amendments) Regulations 2026

Updated various education laws and regulations to reflect new procedures for establishing schools and managing pupil referral units.


These regulations update several primary and secondary education acts to align with the school establishment framework introduced by the Children’s Wellbeing and Schools Act 2026.

They modify the procedures for proposing new schools, clarify employment transfer rules for staff in pupil referral units, and adjust how governance arrangements are made before a new school is formally approved.

The measures apply to local authorities, school governing bodies, and the Department for Education in England and Wales.

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The Education (Educational Provision for Improving Behaviour) (Application to Academies and Pupil Referral Units and Minor Amendments) Regulations 2026

Published: Tue 26th May 26 Came into force: Sun 26th Jul 26

The regulations applied existing behaviour improvement powers under Section 29A of the 2002 Act and related 2010 Regulations to Academies and Pupil Referral Units in England, mandated specific review timings for pre-existing pupil requirements, and corrected references to Educational, Health and Care (EHC) plans in subordinate legislation.


These Regulations, legally enacted in May 2026 and commencing in July 2026, extend the powers outlined in Section 29A of the Education Act 2002, which govern educational provision aimed at improving pupil behaviour, to cover Academy schools and Pupil Referral Units across England, while also making several minor legislative corrections to related educational and health/social care continuity regulations, specifically updating obsolete terminology related to special educational needs.

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The Children’s Wellbeing and Schools Act 2026 (Commencement No. 1) (England) Regulations 2026

Activated legal provisions allowing schools to access social security data to verify free school meal eligibility starting June 2026.


These regulations bring section 33 of the Children's Wellbeing and Schools Act 2026 into force on 1 June 2026 for England.

This legal change authorizes the Department for Education and other government departments to share social security, asylum support, and tax credit information with schools and local authorities.

The primary purpose of this information sharing is to verify eligibility for free school meals and to calculate financial assistance linked to child welfare and educational provision.

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