Children’s Wellbeing and Schools Act 2026

Part 4 U.K. General

73 Power to make consequential provision U.K.

(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.

Commencement Information

I1 S. 73 in force at Royal Assent, see s. 78(1)(c)

74 Power to make consequential provision: Wales U.K.

(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.

Commencement Information

I2 S. 74 in force at Royal Assent, see s. 78(1)(c)

75 Power to make consequential provision: Scotland U.K.

(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.

Commencement Information

I3 S. 75 in force at Royal Assent, see s. 78(1)(c)

76 Financial provision U.K.

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.

Commencement Information

I4 S. 76 in force at Royal Assent, see s. 78(1)(c)

77 Extent U.K.

(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.

Commencement Information

I5 S. 77 in force at Royal Assent, see s. 78(1)(c)

78 Commencement U.K.

(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.

Commencement Information

I6 S. 78 in force at Royal Assent, see s. 78(1)(c)

79 Short title U.K.

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

Commencement Information

I7 S. 79 in force at Royal Assent, see s. 78(1)(c)