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 Equality Act 2010 (Code of Practice on Services, Public Functions and Associations) (Revocation) Order 2026

Published: Wed 15th Jul 26 Came into force: Wed 5th Aug 26

Revoked the 2011 statutory code of practice concerning services, public functions, and associations effective 5 August 2026.


This Order revokes the Equality Act 2010 Code of Practice on Services, Public Functions and Associations that has been in effect since 6 April 2011.

It acts on a formal request from the Commission for Equality and Human Rights to the Secretary of State, clearing the legal path for an updated 2026 Code of Practice to take effect.

The revocation applies across England, Wales, and Scotland, affecting how service providers, public bodies, and associations interpret their duties under the Equality Act 2010.

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The Equality Act 2010 (Code of Practice on Services, Public Functions and Associations) (Commencement) Order 2026

Published: Wed 15th Jul 26 Came into force: Wed 5th Aug 26

Brought the 2026 Equality Act Code of Practice into force on 5th August 2026.


This Order brings into force a revised Code of Practice issued by the Commission for Equality and Human Rights regarding services, public functions, and associations under the Equality Act 2010.

It applies to any person or organization providing services to the public, exercising public functions, or managing associations in England, Wales, and Scotland.

The Order ensures the 2026 Code of Practice takes effect immediately after the revocation of the previous 2011 version, providing a statutory basis for the new guidance to be used in legal proceedings.

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The Childcare (Miscellaneous Amendments) (England) Regulations 2026

Published: Mon 13th Jul 26 Came into force: Tue 1st Sept 26

Updated various childcare regulations to ban dangerous dog breeds from premises, broadened harm notification requirements, and adopted the July 2026 EYFS statutory frameworks.


These Regulations amend several existing statutory instruments to update childcare registration and welfare requirements in England.

The legislation prohibits the presence of banned dog breeds at childcare premises, lowers the threshold for notifying the Chief Inspector of child abuse or harm by removing the qualifier 'serious', and adopts updated statutory frameworks for learning, development, and staff qualifications.

It applies specifically to early years childminders, group and school-based providers, later years providers, and home child-carers registered on both the Early Years and General Childcare Registers.

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The Northern School of Art (Becoming a Higher Education Corporation) Order 2026

Published: Mon 6th Jul 26 Came into force: Sat 1st Aug 26

Transferred the Northern School of Art from the further education sector to the higher education sector by reconstituting it as a higher education corporation.


This Order transitions the Northern School of Art from a further education corporation to a higher education corporation.

It exercises powers granted to the Secretary of State for Education under the Education Reform Act 1988 and applies to the institution located in England.

The Order designates August 1, 2026, as the formal date for this change in legal status and sector classification.

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The Education (Student Loans) (Repayment) (Amendment) Regulations 2026

Published: Mon 6th Jul 26 Came into force: Tue 1st Sept 26

Capped student loan interest rates for Plan 2 and Plan 3 loans at 6% for the 2026/27 academic year in England and Wales.


These Regulations amend the Education (Student Loans) (Repayment) Regulations 2009 to cap the interest rates for Plan 2 and Plan 3 student loans at 6% for a twelve-month period.

The order applies to student loan borrowers and repayment administrators in England and Wales, specifically targeting the interest calculations for undergraduate and postgraduate income-contingent loans.

The Secretary of State for Education and the Welsh Ministers exercise these powers to ensure that if the standard interest rate calculations exceed 6% between September 2026 and August 2027, the lower capped rate applies.

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The Education (Free School Lunches in Maintained Nursery Schools) (Universal Credit) (England) Order 2026

Published: Wed 1st Jul 26 Came into force: Mon 17th Aug 26

Expanded eligibility for free school lunches to pupils in maintained nursery schools in England whose parents receive Universal Credit.


This Order establishes free school lunch eligibility for registered pupils at maintained nursery schools in England if their parent receives Universal Credit and they do not already qualify under existing legislative criteria.

It directs school authorities to treat these pupils as eligible persons under section 512ZB(4A) of the Education Act 1996.

The provisions apply specifically to the education sector in England and involve parents who are recipients of Universal Credit.

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The Inter-authority Recoupment (England) (Amendment) Regulations 2026

Published: Fri 26th Jun 26 Came into force: Tue 1st Sept 26

Amended existing regulations to establish a new mandatory framework for financial recoupment between English local authorities for the education of looked after children with special educational needs from September 2026.


These Regulations amend the Inter-authority Recoupment (England) Regulations 2013 to establish new procedures for how local authorities in England reimburse one another for the cost of educating looked after children.

The instrument mandates that for education provided from 1st September 2026, a child's 'home' authority must pay a 'providing' authority for costs associated with a child who has an Education, Health and Care (EHC) plan or attends a special school.

If authorities cannot agree on a figure within six months of a claim, the home authority must pay the total expenditure incurred by the providing authority, including transport costs but excluding Dedicated Schools Grant funding.

The Regulations apply to local authorities in England and Wales but specifically govern the financial relationship between English home and providing authorities.

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The Higher Education (Freedom of Speech) Act 2023 (Commencement No. 4) Regulations 2026

Published: Fri 19th Jun 26

Activated specific legal provisions for higher education free speech complaints and registration conditions through a phased commencement in 2026 and 2027.


This statutory instrument brings into force specific provisions of the Higher Education (Freedom of Speech) Act 2023 according to a staggered timeline. It directs the Office for Students to implement a free speech complaints scheme starting September 1, 2026, specifically for staff, non-student members, and visiting speakers at registered higher education providers in England.

The regulations also authorize the enforcement of mandatory freedom of speech registration conditions starting April 1, 2027, though they exclude certain requirements related to students' unions and student-initiated complaints from this commencement phase.

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