Department for Education Legislation
50 statutory instruments made by the Department for Education, newest first. Each one is explained section by section in plain English.
The Diocese of Leicester (Educational Endowments) (Hathern Church of England Primary School Teacher’s House) Order 2026
- Department: Department for Education
- Made under: Education Act 1996
Reallocated the sale proceeds of a former teacher's house in Hathern to support local religious education and diocesan school infrastructure.
This Order authorizes the reallocation of the endowment belonging to the former teacher's house at Hathern Church of England Primary School, following the sale of the property for £70,300.
It directs the division of these assets between a new Religious Education Fund for the Parish of Hathern and a School Fund for the wider Diocese of Leicester.
The Order appoints the Leicester Diocesan Board of Education and the local Minister and Churchwardens as trustees for the respective funds, mandating that the assets be used for religious education and the maintenance or improvement of Church of England schools.
The Designation of Schools Having a Religious Character (Independent Schools) (England) (Amendment and Revocations) Order 2026
- Department: Department for Education
- Made under: School Standards and Framework Act 1998
Updated the registered postcode for one school and revoked the religious character designation for eight closed independent schools.
This Order modifies the official list of independent schools in England designated as having a religious character.
It updates the registered address for Ahavas Torah Boys Academy and removes the religious designation for eight schools that the Department for Education identifies as closed.
The Order applies to the Secretary of State for Education and the governing bodies of the named independent schools, affecting their ability to apply religious criteria in staff employment decisions.
The Children’s Wellbeing and Schools Act 2026 (Commencement No. 2) (England) (Amendment) Regulations 2026
- Department: Department for Education
- Made under: Children’s Wellbeing and Schools Act 2026
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.
The Designation of Schools Having a Religious Character (England) Order 2026
- Department: Department for Education
- Made under: School Standards and Framework Act 1998
Designated Barnet Hill Academy as a school with an Islamic religious character effective 27 August 2026.
This Order designates Barnet Hill Academy in Barnet as a voluntary aided school with a religious character, specifically identifying its religion as Islam.
It authorizes the school to provide religious education and collective worship in accordance with Islamic tenets under the School Standards and Framework Act 1998.
The Order also enables the school to apply specific religious criteria to staffing matters and employment decisions as permitted for designated faith schools.
The Children’s Wellbeing and Schools Act 2026 (Commencement No. 3) (England) Regulations 2026
- Department: Department for Education
- Made under: Children’s Wellbeing and Schools Act 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.
The Lifelong Learning (Fee Limits) Regulations 2026
- Department: Department for Education
- Made under: Higher Education and Research Act 2017
Introduced a credit-based system for higher education tuition fee limits in England for courses starting from January 2027.
These Regulations establish a credit-based fee limit system for higher education courses in England beginning on or after 1 January 2027.
The document directs the Office for Students to apply fee limit conditions to registered providers in the 'Approved (fee cap)' category and defines the categories of 'qualifying persons'—based on residency and immigration status—protected by these limits.
It specifies maximum credit amounts per year and per course, sets fractional per-credit fee amounts for different activities like taught study or work placements, and incorporates rules for foundation years, accelerated courses, and students transferring with prior credits.
The Children’s Wellbeing and Schools Act 2026 (Establishment of Schools) (Consequential Amendments) Regulations 2026
- Department: Department for Education
- Made under: Children’s Wellbeing and Schools Act 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.
The Welfare Reform Act 2012 (Commencement No. 30 and Transitory Provisions) (Amendment) (England) Order 2026
- Department: Department for Education
- Made under: Welfare Reform Act 2012
Revoked the temporary legal protections that preserved free school lunch eligibility for specific groups during the transition to Universal Credit.
This Order terminates the temporary protection of free school lunch eligibility for certain students in England starting 17 August 2026.
It amends the Welfare Reform Act 2012 (Commencement No. 30 and Transitory Provisions) Order 2018 by revoking the 'transitory provisions' that previously allowed individuals to retain their free meal status despite changes to the welfare system.
The Secretary of State for Education directs that any person relying on these specific transitional rules to qualify for free school lunches will cease to be eligible on the specified date.