http://www.legislation.gov.uk/ukpga/2026/21/schedule/4Children’s Wellbeing and Schools Act 2026enStatute Law Database2026-07-17Expert Participation2026-07-15
Children’s Wellbeing and Schools Act 2026Sch. 4 para. 1The Children’s Wellbeing and Schools Act 2026 (Commencement No. 2) (England) Regulations 2026reg. 5(f)Children’s Wellbeing and Schools Act 2026Sch. 4 para. 2The Children’s Wellbeing and Schools Act 2026 (Commencement No. 2) (England) Regulations 2026reg. 5(f)Children’s Wellbeing and Schools Act 2026Sch. 4 para. 3The Children’s Wellbeing and Schools Act 2026 (Commencement No. 2) (England) Regulations 2026reg. 5(f)Children’s Wellbeing and Schools Act 2026Sch. 4 para. 4The Children’s Wellbeing and Schools Act 2026 (Commencement No. 2) (England) Regulations 2026reg. 5(f)Children’s Wellbeing and Schools Act 2026Sch. 4 para. 5The Children’s Wellbeing and Schools Act 2026 (Commencement No. 2) (England) Regulations 2026reg. 5(f)Children’s Wellbeing and Schools Act 2026Sch. 4 para. 6The Children’s Wellbeing and Schools Act 2026 (Commencement No. 2) (England) Regulations 2026reg. 5(f)Children’s Wellbeing and Schools Act 2026Sch. 4 para. 7The Children’s Wellbeing and Schools Act 2026 (Commencement No. 2) (England) Regulations 2026reg. 5(f)Children’s Wellbeing and Schools Act 2026Sch. 4 para. 8The Children’s Wellbeing and Schools Act 2026 (Commencement No. 2) (England) Regulations 2026reg. 5(f)Children’s Wellbeing and Schools Act 2026Sch. 4 para. 9The Children’s Wellbeing and Schools Act 2026 (Commencement No. 2) (England) Regulations 2026reg. 5(f)Children’s Wellbeing and Schools Act 2026Sch. 4 para. 10The Children’s Wellbeing and Schools Act 2026 (Commencement No. 2) (England) Regulations 2026reg. 5(f)Children’s Wellbeing and Schools Act 2026Sch. 4 para. 11The Children’s Wellbeing and Schools Act 2026 (Commencement No. 2) (England) Regulations 2026reg. 5(f)Children’s Wellbeing and Schools Act 2026Sch. 4 para. 12The Children’s Wellbeing and Schools Act 2026 (Commencement No. 2) (England) Regulations 2026reg. 5(f)Children’s Wellbeing and Schools Act 2026Sch. 4 para. 13The Children’s Wellbeing and Schools Act 2026 (Commencement No. 2) (England) Regulations 2026reg. 5(f)Children’s Wellbeing and Schools Act 2026Sch. 4 para. 14The Children’s Wellbeing and Schools Act 2026 (Commencement No. 2) (England) Regulations 2026reg. 5(f)Children’s Wellbeing and Schools Act 2026Sch. 4 para. 15The Children’s Wellbeing and Schools Act 2026 (Commencement No. 2) (England) Regulations 2026reg. 5(f)Children’s Wellbeing and Schools Act 2026Sch. 4 para. 16The Children’s Wellbeing and Schools Act 2026 (Commencement No. 2) (England) Regulations 2026reg. 5(f)Children’s Wellbeing and Schools Act 2026Sch. 4 para. 17The Children’s Wellbeing and Schools Act 2026 (Commencement No. 2) (England) Regulations 2026reg. 5(f)Children’s Wellbeing and Schools Act 2026Sch. 4 para. 18The Children’s Wellbeing and Schools Act 2026 (Commencement No. 2) (England) Regulations 2026reg. 5(f)Children’s Wellbeing and Schools Act 2026Sch. 4 para. 19The Children’s Wellbeing and Schools Act 2026 (Commencement No. 2) (England) Regulations 2026reg. 5(f)Children’s Wellbeing and Schools Act 2026Sch. 4 para. 20The Children’s Wellbeing and Schools Act 2026 (Commencement No. 2) (England) Regulations 2026reg. 5(f)Children’s Wellbeing and Schools Act 2026Sch. 4 para. 21The Children’s Wellbeing and Schools Act 2026 (Commencement No. 2) (England) Regulations 2026reg. 5(f)Children’s Wellbeing and Schools Act 2026Sch. 4 para. 22The Children’s Wellbeing and Schools Act 2026 (Commencement No. 2) (England) Regulations 2026reg. 5(f)Children’s Wellbeing and Schools Act 2026Sch. 4 para. 23The Children’s Wellbeing and Schools Act 2026 (Commencement No. 2) (England) Regulations 2026reg. 5(f)Children’s Wellbeing and Schools Act 2026Sch. 4 para. 24The Children’s Wellbeing and Schools Act 2026 (Commencement No. 2) (England) Regulations 2026reg. 5(f)Children’s Wellbeing and Schools Act 2026Sch. 4 para. 25The Children’s Wellbeing and Schools Act 2026 (Commencement No. 2) (England) Regulations 2026reg. 5(f)
Schedules
Schedule 4
Establishment of new schools: amendments to <Citation URI="https://www.legislation.gov.uk/ukpga/2006/40/schedule/2" id="c01026" Class="UnitedKingdomPublicGeneralAct" Year="2006" Number="40" SectionRef="schedule-2">Schedule 2</Citation> to the <Citation URI="https://www.legislation.gov.uk/ukpga/2006/40/contents" id="c01027" Class="UnitedKingdomPublicGeneralAct" Year="2006" Number="40" SectionRef="contents">Education and Inspections Act 2006</Citation>
Section 68
1
Schedule 2 to the Education and Inspections Act 2006 (proposals for establishment or discontinuance of schools in England) is amended as follows.
2
In paragraph 1(1) (application of Schedule), omit “, 11”.
3
In paragraph 2 (meaning of “the relevant authority”), in paragraph (b) omit “, 11”.
4
Omit paragraph 3A (meaning of “Academy proposals” and “non-Academy proposals”) and the italic heading before it.
5
1
Paragraph 4 (references to persons by whom proposals are made) is amended as follows.
2
For paragraph (a), substitute—
a
proposals under section 7 are to be taken to be made—
i
where the proposals are submitted to the relevant authority under subsection (4)(b) of that section, by the person who submitted them, and
ii
where the proposals are published by the relevant authority in reliance on subsection (5)(aa) of that section, by the relevant authority, and
.
3
In paragraph (b), omit “, 11”.
6
Omit paragraph 5A (consideration of proposals: distinction between Academy and non-Academy proposals).
7
In paragraph 6 (consideration of proposals), for “10 or 11” substitute “7 or 10”.
8
Omit paragraph 7A (consideration of Academy proposals).
9
1
Paragraph 8 (consideration of proposals: further provision) is amended as follows.
2
In sub-paragraph (2), after “proposals to” insert “the Secretary of State or”.
3
After sub-paragraph (4) insert—
4A
Sub-paragraphs (3) and (4) are limited by provision made by or under paragraph 17A in relation to proposals for the establishment of an Academy.
10
In paragraph 9 (consideration of proposals that are related to other proposals), in sub-paragraph (2A)(b), omit “, 11”.
11
In the italic heading before paragraph 10, after “refer to” insert “Secretary of State or”.
12
1
Paragraph 10 (duty to refer certain proposals to adjudicator) is amended as follows.
2
In sub-paragraph (1)—
a
in the words before paragraph (a), for “adjudicator” substitute “appropriate person”,
b
for paragraph (a) substitute—
a
all of the proposals published under section 7 which would otherwise require consideration by the authority under paragraph 8 where—
i
some or all of the proposals are made by the authority, or
ii
the proposals consist of or include proposals which relate to the establishment of a foundation school with a foundation falling within sub-paragraph (2);
, and
c
in paragraph (b), omit “or 11”.
3
In sub-paragraph (3), for “adjudicator” in both places it occurs, substitute “appropriate person”.
4
After that sub-paragraph insert—
4
In this paragraph, “the appropriate person” means—
a
in relation to proposals within sub-paragraph (1)(a), the Secretary of State;
b
in relation to proposals within sub-paragraph (1)(b), the adjudicator.
13
In the italic heading before paragraph 12, for “adjudicator” substitute “Secretary of State”.
14
In paragraph 12 (duty to refer proposals in pursuance of direction by Secretary of State), in sub-paragraph (1), for “adjudicator” substitute “Secretary of State”.
15
In the italic heading before paragraph 13, after “refer” insert “certain”.
16
For paragraph 13 (duty to refer proposals where determination delayed) substitute—
13
1
This paragraph applies where—
a
proposals under section 10 or 15 are required to be considered under paragraph 8,
b
paragraph 8(4) applies in relation to the proposals, and
c
by the end of such period as may be prescribed the relevant authority have not determined whether to give any approval under paragraph 8(4).
2
Where this paragraph applies, the relevant authority must within a prescribed time refer to the adjudicator the proposals concerned, together with any comments made on the proposals by the authority.
17
1
Paragraph 14 (reference to adjudicator at request of aggrieved person) is amended as follows.
2
In sub-paragraph (1), omit “, 11”.
3
In sub-paragraph (2)(c), omit “or 11”.
18
1
Paragraph 15 (duty to refer related proposals) is amended as follows.
2
In paragraph (a), for “7, 10, 11 or 15” substitute “10 or 15”.
3
In paragraph (b), omit “, 11”.
19
1
Paragraph 16 (withdrawal of proposals before determination) is amended as follows.
2
In paragraph (b) of sub-paragraph (1)—
a
after “referred to” insert “the Secretary of State or”, and
b
for “the adjudicator”, in the second place it occurs, substitute “that person”.
3
In the words after that paragraph, for “the adjudicator” substitute “the Secretary of State or the adjudicator, as the case may be”.
4
In sub-paragraph (2)—
a
after “writing to” insert “the Secretary of State or”, and
b
for “the adjudicator”, in the second place it occurs, substitute “that person”.
20
In the italic heading before paragraph 17, after “to” insert “Secretary of State or”.
21
For paragraph 17 substitute—
17
1
This paragraph applies where any proposals are referred to the Secretary of State or to the adjudicator (“the decision-maker”) under any provision of this Part of this Schedule.
2
The decision-maker must consider the proposals or, in a case where the proposals have previously been determined by the relevant authority, must consider them afresh.
3
For the purposes of sub-paragraph (2), the following provisions apply in relation to the decision-maker as they apply in relation to the relevant authority—
a
paragraph 8(3) or (4) (as the case may be);
b
paragraph 8(5) and (6).
4
For the purposes of sub-paragraph (2), paragraph 9 applies in relation to the decision-maker as it applies in relation to the relevant authority but—
a
where the decision-maker is the Secretary of State, it applies as if sub-paragraph (2A)(b) of that paragraph (requirement to consider related proposals under section 10 or 15) were omitted;
b
where the decision-maker is the adjudicator, it applies as if sub-paragraph (2A)(a) of that paragraph (requirement to consider related proposals under section 7) were omitted.
5
The revocation of a direction under paragraph 12(1) does not affect the determination by the Secretary of State of any proposals referred to the Secretary of State before the revocation.
22
After paragraph 17 insert—
Proposals to establish Academy
17A
1
This paragraph applies in relation to proposals published under section 7 which consist of or include proposals to establish an Academy, other than proposals which have been referred to the Secretary of State under paragraph 10.
2
The relevant authority must consult the Secretary of State about the proposals before taking any decision under paragraph 8.
3
Regulations may make provision about requirements that apply in relation to the consultation under sub-paragraph (2) (including requirements as to the period within which the consultation must be carried out).
4
The relevant authority may not approve under paragraph 8 proposals to establish a particular Academy unless the authority—
a
has consulted the Secretary of State about the proposals under sub-paragraph (2), and
b
has been notified by the Secretary of State in accordance with regulations that the Secretary of State would (if the proposals were approved) be willing to begin negotiations with a view to entering into Academy arrangements for the establishment of that particular Academy.
5
Where the Secretary of State has notified the relevant authority that the Secretary of State’s willingness to begin negotiations is subject to modifications being made to the proposals, the authority may only approve the proposals under paragraph 8 with those modifications.
6
Where the Secretary of State has notified the relevant authority that the Secretary of State’s willingness to begin negotiations is subject to the authority imposing conditions in connection with the approval of the proposals, the authority may only approve the proposals under paragraph 8 subject to those conditions.
7
Sub-paragraphs (5) and (6) do not prevent the relevant authority approving the proposals with further modifications or conditions, provided that such modifications or conditions are not inconsistent with those required by the Secretary of State.
8
If the proposals have been referred to the adjudicator under paragraph 10, 11, 13 or 15, the reference in sub-paragraph (2) to the relevant authority is to be read as a reference to the adjudicator.
9
Sub-paragraphs (4) to (6) have effect in relation to a decision of an adjudicator under paragraph 8 as they have effect in relation to a decision of the relevant authority under that paragraph.
10
Approval under paragraph 8 by the relevant authority or the adjudicator of proposals to establish an Academy does not oblige the Secretary of State to enter into, or seek to enter into, Academy arrangements.
23
1
Paragraph 19 (determination whether to implement proposals not requiring consideration under paragraph 8) is amended as follows.
2
In sub-paragraph (4)—
a
for paragraph (aa) substitute—
aa
proposals published under section 7 that—
i
require consideration under paragraph 8 and are not yet determined, and
ii
are not required to be referred to the Secretary of State,
;
b
in paragraph (b) omit “or 11”.
24
1
Paragraph 21 (requirement to implement proposals) is amended as follows.
2
In sub-paragraph (5), after “refer to” insert “the Secretary of State or”.
3
After that sub-paragraph insert—
5A
Where the relevant authority have not yet taken a step required by this paragraph in relation to proposals published under section 7, the Secretary of State may give a direction to the authority requiring the authority to refer the matter to the Secretary of State.
4
In sub-paragraph (6), after “paragraph” insert “in relation to proposals under section 10 or 15”.
5
In sub-paragraph (7)—
a
in the words before paragraph (a)—
i
after “referred to” insert “the Secretary of State or”, and
ii
after “adjudicator” insert “(“the decision-maker”)”;
b
in paragraph (a), for “adjudicator” substitute “decision-maker”;
c
in paragraph (b), for “adjudicator” substitute “decision-maker”.
25
1
Paragraph 22 (proposals not falling to be implemented) is amended as follows.
2
In sub-paragraph (3), after “referred to” insert “the Secretary of State or”.
3
After that sub-paragraph insert—
3A
Where, by virtue of sub-paragraph (2), paragraph 21(1) ceases to apply to any proposals approved by the Secretary of State under paragraph 8, those proposals must be considered afresh by the Secretary of State under that paragraph (and paragraph 17 applies accordingly).
Sch. 4 para. 1 not in force at Royal Assent, see s. 78(5)Sch. 4 para. 2 not in force at Royal Assent, see s. 78(5)Sch. 4 para. 3 not in force at Royal Assent, see s. 78(5)Sch. 4 para. 4 not in force at Royal Assent, see s. 78(5)Sch. 4 para. 5 not in force at Royal Assent, see s. 78(5)Sch. 4 para. 6 not in force at Royal Assent, see s. 78(5)Sch. 4 para. 7 not in force at Royal Assent, see s. 78(5)Sch. 4 para. 8 not in force at Royal Assent, see s. 78(5)Sch. 4 para. 9 not in force at Royal Assent, see s. 78(5)Sch. 4 para. 10 not in force at Royal Assent, see s. 78(5)Sch. 4 para. 11 not in force at Royal Assent, see s. 78(5)Sch. 4 para. 12 not in force at Royal Assent, see s. 78(5)Sch. 4 para. 13 not in force at Royal Assent, see s. 78(5)Sch. 4 para. 14 not in force at Royal Assent, see s. 78(5)Sch. 4 para. 15 not in force at Royal Assent, see s. 78(5)Sch. 4 para. 16 not in force at Royal Assent, see s. 78(5)Sch. 4 para. 17 not in force at Royal Assent, see s. 78(5)Sch. 4 para. 18 not in force at Royal Assent, see s. 78(5)Sch. 4 para. 19 not in force at Royal Assent, see s. 78(5)Sch. 4 para. 20 not in force at Royal Assent, see s. 78(5)Sch. 4 para. 21 not in force at Royal Assent, see s. 78(5)Sch. 4 para. 22 in force at Royal Assent for specified purposes, see s. 78(1)(a)(5)Sch. 4 para. 23 not in force at Royal Assent, see s. 78(5)Sch. 4 para. 24 not in force at Royal Assent, see s. 78(5)Sch. 4 para. 25 not in force at Royal Assent, see s. 78(5)