Children’s Wellbeing and Schools Act 2026

Section 59

Schedule 3 E+W Pay and conditions of Academy teachers: amendments to the Education Act 2002

Prospective

1 E+W Part 8 of the Education Act 2002 (teachers’ pay and conditions etc) is amended as follows.

Commencement Information

I1 Sch. 3 para. 1 in force at 29.6.2026, see s. 78(2)

Prospective

2 E+W In section 120(2) (School Teachers’ Review Body function: meaning of school teacher), for the words from “the Secretary of State’s” to the end substitute “section 122 or an Academy teacher for the purposes of section 122A.”

Commencement Information

I2 Sch. 3 para. 2 in force at 29.6.2026, see s. 78(2)

Prospective

3 E+W In section 121(2) (bodies to be consulted by School Teachers’ Review Body), after paragraph (b) insert—

“(ba) bodies representing the interests of proprietors of Academies,”.

Commencement Information

I3 Sch. 3 para. 3 in force at 29.6.2026, see s. 78(2)

Prospective

4 E+W In the heading of section 122, after “conditions” insert “of school teachers other than Academy teachers”.

Commencement Information

I4 Sch. 3 para. 4 in force at 29.6.2026, see s. 78(2)

5 E+W After section 122 insert—

“122A Power to set minimum remuneration of Academy teachers etc

(1) The Secretary of State may by order make provision requiring the remuneration of an Academy teacher to be at least equal to the amount specified in, or determined in accordance with, the order.

(2) Subsection (3) applies where—

(a) an order under this section applies to an Academy teacher, and

(b) the contract of employment or for services between the Academy teacher and the relevant proprietor provides for the teacher to be paid remuneration that is less than the amount specified in, or determined in accordance with, the order.

(3) Where this subsection applies—

(a) the Academy teacher’s remuneration is to be determined and paid in accordance with any provision of the order that applies to the teacher;

(b) any provision of the contract mentioned in subsection (2)(b) or of the Academy arrangements entered into with the Secretary of State by the relevant proprietor has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the order.

(4) A person is an Academy teacher for the purposes of this section in any of the following cases.

(5) The first case is where—

(a) the person provides primary or secondary education under a contract of employment or for services,

(b) the other party to the contract is the proprietor of an Academy,

(c) the contract requires the person to carry out work of a kind which is specified by regulations under section 133(1), and

(d) the person—

(i) is not prevented by regulations under section 133(1) from carrying out that work, and

(ii) is not of a description specified in regulations made by the Secretary of State for the purposes of this paragraph.

(6) The second case is where the person—

(a) serves as the principal of an Academy, and

(b) is not appointed by the proprietor of the Academy as an executive leader of the proprietor.

(7) The third case is where the person would fall within section 122(5) but for the fact that the other party to the contract of employment or for services under which the person provides primary or secondary education is the proprietor of an Academy (and not a party mentioned in section 122(3)(c)).

(8) Regulations under subsection (5)(d) may, in particular, specify a description by reference to a person’s duties or to any provision for a person’s remuneration to be determined otherwise than under this section.

(9) Where the proprietor of an Academy is also the proprietor of a 16 to 19 Academy, a person (“P”) is not an Academy teacher for the purposes of this section to the extent that a contract of employment or for services between P and the proprietor requires P to provide secondary education at the 16 to 19 Academy.

(10) In the application of subsections (2) and (3)—

(a) it is immaterial whether someone other than the relevant proprietor provides or is responsible for providing all or part of a teacher’s remuneration;

(b) it is immaterial whether someone other than the relevant proprietor is treated wholly or partly as a teacher’s employer for some or all purposes by virtue of an enactment.

(11) In this section “the relevant proprietor”, in relation to an Academy teacher, means the proprietor mentioned in subsection (5)(b), (6)(b) or (7) (as the case may be).”

Commencement Information

I5 Sch. 3 para. 5 in force at Royal Assent for specified purposes, see s. 78(1)(a)

I6 Sch. 3 para. 5 in force at 29.6.2026 in so far as not already in force, see s. 78(2)

Prospective

6 E+W In section 122A (inserted by paragraph 5), after subsection (10) insert—

“(10A) In determining the conditions of employment or service of an Academy teacher, the relevant proprietor must have regard to any provision of an order under section 122 that relates to conditions of employment or service (and must also have regard to guidance under section 127(1) that relates to such conditions).”

Commencement Information

I7 Sch. 3 para. 6 not in force at Royal Assent, see s. 78(2)(5)

7 E+W In section 123 (scope of section 122 orders)—

(a) in the heading, after “122” insert “or 122A”;

(b) after subsection (1) insert—

“(1A) Subsection (1) applies in relation to an order under section 122A as it does in relation to an order under section 122 but as if—

(a) the reference in paragraph (a) to a local authority or a governing body were to a proprietor of an Academy, and

(b) paragraphs (f) to (h) were omitted.”;

(c) in subsection (2)(b), after “local authorities” insert “, teachers and proprietors of Academies”;

(d) in subsection (3), after “122” insert “or 122A”;

(e) in subsection (4), after paragraph (c) insert—

“(d) that a payment or entitlement of a specified kind is or is not to be treated as remuneration for the purpose of section 122A(1).”

Commencement Information

I8 Sch. 3 para. 7 in force at Royal Assent for specified purposes, see s. 78(1)(a)

I9 Sch. 3 para. 7 in force at 29.6.2026 in so far as not already in force, see s. 78(2)

8 E+W In section 124 (supplementary provision), after “122”, in each place it occurs (including the heading), insert “or 122A”.

Commencement Information

I10 Sch. 3 para. 8 in force at Royal Assent for specified purposes, see s. 78(1)(a)

I11 Sch. 3 para. 8 in force at 29.6.2026 in so far as not already in force, see s. 78(2)

9 E+W In section 125(1) (requirement to refer matter before making order), after “122” insert “or 122A”.

Commencement Information

I12 Sch. 3 para. 9 in force at Royal Assent for specified purposes, see s. 78(1)(a)

I13 Sch. 3 para. 9 in force at 29.6.2026 in so far as not already in force, see s. 78(2)

10 E+W In section 126 (bodies to be consulted by the Secretary of State)—

(a) after “122” insert “, 122A”;

(b) after paragraph (b) insert—

“(ba) bodies representing the interests of proprietors of Academies,”.

Commencement Information

I14 Sch. 3 para. 10 in force at Royal Assent for specified purposes, see s. 78(1)(a)

I15 Sch. 3 para. 10 in force at 29.6.2026 in so far as not already in force, see s. 78(2)

Prospective

11 E+W In section 127 (guidance issued by the Secretary of State)—

(a) after subsection (2) insert—

“(2A) The Secretary of State may issue guidance about the determination of whether, for the purposes of section 122A, a person’s remuneration is at least equal to the amount specified in, or determined in accordance with, an order under that section.

(2B) The proprietor of an Academy must have regard to guidance under subsection (2A).”;

(b) in subsection (3), after “(1)” insert “or (2A)”;

(c) in subsection (4)—

(i) after “(1)” insert “or (2A)”;

(ii) after paragraph (b) insert—

“(ba) bodies representing the interests of proprietors of Academies,”.

Commencement Information

I16 Sch. 3 para. 11 in force at 29.6.2026, see s. 78(2)

Prospective

12 E+W After section 127 insert—

“127A References to “Academy” and “Academy arrangements”

(1) In sections 121 to 127, a reference to an Academy—

(a) includes a reference to a city technology college and a city college for the technology of the arts, and

(b) does not include a reference to a 16 to 19 Academy.

(2) A reference in any of those sections to Academy arrangements includes a reference to an agreement under section 482 of the Education Act 1996 (city colleges).”

Commencement Information

I17 Sch. 3 para. 12 in force at 29.6.2026, see s. 78(2)

13 E+W In section 210(6) (orders not subject to Parliamentary procedure), after “122” insert “or 122A”.

Commencement Information

I18 Sch. 3 para. 13 in force at Royal Assent for specified purposes, see s. 78(1)(a)

I19 Sch. 3 para. 13 in force at 29.6.2026 in so far as not already in force, see s. 78(2)