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.
Arguments For
The explanatory note states that these regulations are necessary to ensure consistency across the statute book following the passage of sections 65 to 69 of the Children's Wellbeing and Schools Act 2026.
Proponents argue the amendments streamline the legal process for establishing schools by removing or updating references to repealed or modified sections of the Education and Inspections Act 2006.
The document argues that these changes improve clarity regarding the transfer of employment for staff at pupil referral units (PRUs) and how governance arrangements are made in anticipation of school approvals.
Arguments Against
Legal commentators may note that the effectiveness of regulation 4 is contingent on the commencement of a much older provision from the Children, Schools and Families Act 2010, potentially creating a delayed or staggered implementation.
Affected local authorities may face administrative complexity during the transition period, as current school establishment proposals must be assessed against the transitional provisions in regulation 8 to determine which legal framework applies.
Citation, commencement and extent
- -(1) These Regulations may be cited as the Children's Wellbeing and Schools Act 2026 (Establishment of Schools) (Consequential Amendments) Regulations 2026.
- (2) These Regulations come into force on 1st September 2026, subject to paragraph (3).
- (3) Regulation 4 comes into force at the same time as section 7 of the Children, Schools and Families Act 2010 (power to propose new schools).
- (4) These Regulations extend to England and Wales.
This section establishes the official name of the regulations and sets the start date as 1 September 2026 for most provisions.
However, the specific changes in regulation 4 will only take effect when a separate power regarding the proposal of new schools is activated.
The regulations apply to the legal jurisdictions of England and Wales.
Amendment of section 529 of the Education Act 1996
- In section 529(1A) of the Education Act 1996 (power to accept gifts on trust for educational purposes), for 'sections 7, 10 and 11' substitute 'sections 7 and 10'.
This section modifies the Education Act 1996 regarding the power to accept gifts for educational purposes.
It removes a cross-reference to section 11 of the Education and Inspections Act 2006, reflecting changes in how school establishment proposals are categorized.
Amendment of section 129 of the Education Act 2002
- -(1) Section 129 of the Education Act 2002 (transfer of employment) is amended as follows.
- (2) In subsection (5)-
- (a) at the end of paragraph (e), omit 'or';
- (b) at the end of paragraph (f), insert ', or '(g) a pupil referral unit.'.
- (3) In subsection (6)(a), for 'section 7 or 11' substitute 'section 7 or 10'.
This section updates employment transfer laws to include pupil referral units (units for children who cannot attend mainstream schools).
It ensures that when staff are transferred to these units, their employment rights are protected in the same manner as staff in other school types.
It also updates legal cross-references related to school establishment notices.
Amendment of section 11A of the Education and Inspections Act 2006
- In section 11A(1) of the Education and Inspections Act 2006 (restriction on power of governing body to make proposals) (as inserted by section 7 of the Children, Schools and Families Act 2010), for 'section 11(2)' substitute 'section 10 by virtue of subsection (2B) of that section'.
This section updates the restrictions placed on school governing bodies when they wish to make proposals for new schools.
It adjusts the legal reference to point to specific subsections of the 2006 Act that govern school notices, ensuring that limitations on governing bodies remain legally accurate under the new framework.
Amendment of regulation 5 of the School Governance (New Schools) (England) Regulations 2007
- In regulation 5 of the School Governance (New Schools) (England) Regulations 2007 (arrangements made in anticipation of approval of proposals)-
- (a) in paragraph (1), for 'section 7, 10 or 11' substitute 'section 7 or 10';
- (b) in paragraph (4)-
- (i) for 'two or more sets of proposals' substitute 'a proposal';
- (ii) for 'have' substitute 'has';
- (iii) after 'published,' insert 'and at least one other proposal for the establishment of a maintained school, an Academy or a pupil referral unit has been published,'.
This section alters the rules for governance arrangements made before a new school is officially approved.
It updates the terminology to reflect that these arrangements can apply when a single proposal is published alongside other competing proposals for schools, academies, or pupil referral units.
Amendment of Schedule 1 to the Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007
- After paragraph 27 of Schedule 1 to the Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007, insert-
' School Governance (New Schools) (England) Regulations 2007
- 27A. -(1) Regulation 5(1) of the School Governance (New Schools) (England) Regulations 2007 applies in relation to units as it applies to maintained schools.
- (2) Regulation 5(4) of those Regulations applies in relation to units as if for 'maintained school', the first time it occurs, there were substituted 'pupil referral unit'.'.
This section specifies that governance regulations for new schools also apply to new pupil referral units.
It ensures that the procedures for setting up a temporary governing body or making preparatory arrangements are legally identical for both standard schools and pupil referral units.
Amendment of regulation 3 of the Local Government (Structural Changes) (Further Transitional and Supplementary Provision and Miscellaneous Amendments) Regulations 2009
- In regulation 3(1) of the Local Government (Structural Changes) (Further Transitional and Supplementary Provision and Miscellaneous Amendments) Regulations 2009 (functions relating to the reorganisation of schools)-
- (a) omit 'section 6A (requirement to seek proposals for establishment of new Academies)';
- (b) for 'section 10 (publication of proposals with consent of Secretary of State)' substitute 'section 10 (proposals other than proposals pursuant to a section 7 notice: publication etc)';
- (c) omit 'section 11 (publication of proposals to establish maintained schools: special cases)'.
This section removes or updates outdated legal references in regulations concerning local government restructuring.
It specifically deletes references to the requirement for local authorities to seek academy proposals under section 6A and updates the description of school proposal categories to match the 2026 Act.
Transitional provision
- -(1) The amendments made by regulations 5, 6 and 7(b) and (c) do not apply in relation to those cases where, before those provisions come into force, proposals have been published under section 11 of the Education and Inspections Act 2006 ('the Act') but a final determination of the proposals has not been made.
(2) The amendment made by regulation 7(a) does not apply in relation to cases where, before that provision comes into force, a local authority in England has-
- (a) sought proposals for the establishment of an Academy under section 6A(1) of the Act, 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.
This section ensures that any school establishment processes already underway before 1 September 2026 are not disrupted by these changes.
If a local authority has already published school proposals or requested academy bids, those specific cases will continue to be handled under the previous legal rules until they are concluded.
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