Children’s Wellbeing and Schools Act 2026

Schedules

Section 23

Schedule 1 U.K. Relevant authorities

Prospective

Part 1 U.K. List of relevant authorities

1 U.K. The Secretary of State.

Commencement Information

I1 Sch. 1 para. 1 not in force at Royal Assent, see s. 78(5)

2 U.K. The Lord Chancellor.

Commencement Information

I2 Sch. 1 para. 2 not in force at Royal Assent, see s. 78(5)

3 (1) The governing body of a maintained school in England. U.K.

(2) In sub-paragraph (1), “maintained school” has the meaning given by section 39(1) of the Education Act 2002.

Commencement Information

I3 Sch. 1 para. 3 not in force at Royal Assent, see s. 78(5)

4 (1) The proprietor of a non-maintained special school in England. U.K.

(2) In sub-paragraph (1)—

(a) “non-maintained special school” has the meaning given by section 337A of the Education Act 1996;

(b) “proprietor” has the meaning given by section 579(1) of that Act.

Commencement Information

I4 Sch. 1 para. 4 not in force at Royal Assent, see s. 78(5)

5 (1) The proprietor of— U.K.

(a) an Academy (as defined by section 579(1) of the Education Act 1996),

(b) a city technology college, or

(c) a city college for the technology of the arts.

(2) In sub-paragraph (1), “proprietor” has the meaning given by section 579(1) of the Education Act 1996.

Commencement Information

I5 Sch. 1 para. 5 not in force at Royal Assent, see s. 78(5)

6 (1) The governing body of an institution in England within the further education sector. U.K.

(2) In sub-paragraph (1)—

(a) “institution within the further education sector” has the meaning given by section 91(3) of the Further and Higher Education Act 1992;

(b) “governing body” has the meaning given by section 90(1) of that Act.

Commencement Information

I6 Sch. 1 para. 6 not in force at Royal Assent, see s. 78(5)

7 (1) The proprietor of a special post-16 institution in England in relation to which an approval under section 41(3) of the Children and Families Act 2014 has effect. U.K.

(2) In sub-paragraph (1), “proprietor” and “special post-16 institution” have the meaning given by section 83(2) of the Children and Families Act 2014.

Commencement Information

I7 Sch. 1 para. 7 not in force at Royal Assent, see s. 78(5)

8 U.K. His Majesty’s Chief Inspector of Education, Children’s Services and Skills.

Commencement Information

I8 Sch. 1 para. 8 not in force at Royal Assent, see s. 78(5)

9 U.K. NHS England.

Commencement Information

I9 Sch. 1 para. 9 not in force at Royal Assent, see s. 78(5)

10 U.K. An integrated care board established under section 14Z25 of the National Health Service Act 2006.

Commencement Information

I10 Sch. 1 para. 10 not in force at Royal Assent, see s. 78(5)

11 U.K. An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006.

Commencement Information

I11 Sch. 1 para. 11 not in force at Royal Assent, see s. 78(5)

12 U.K. An NHS trust established under section 25 of the National Health Service Act 2006.

Commencement Information

I12 Sch. 1 para. 12 not in force at Royal Assent, see s. 78(5)

13 U.K. The Care Quality Commission.

Commencement Information

I13 Sch. 1 para. 13 not in force at Royal Assent, see s. 78(5)

14 U.K. The Youth Justice Board for England and Wales.

Commencement Information

I14 Sch. 1 para. 14 not in force at Royal Assent, see s. 78(5)

Part 2 U.K. Power to modify Part 1

15 (1) The Secretary of State may by regulations made by statutory instrument amend Part 1 of this Schedule by— U.K.

(a) adding a person or description of persons,

(b) removing an entry listed in it, or

(c) varying an entry listed in it.

(2) A statutory instrument containing regulations under sub-paragraph (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Commencement Information

I15 Sch. 1 para. 15 in force at Royal Assent for specified purposes, see s. 78(1)(a)(5)

16 (1) Regulations under paragraph 15(1)(a) may not add a person or description of persons to Part 1 unless the Secretary of State considers that the person exercises, or (as the case may be) all persons of that description exercise, functions of a public nature. U.K.

(2) Regulations under paragraph 15(1)(c) may not vary an entry listed in Part 1 so that it relates to a person who does not exercise functions of a public nature or, in the case of a description of persons, so that the description consists of or includes persons who do not exercise functions of a public nature.

Commencement Information

I16 Sch. 1 para. 16 in force at Royal Assent for specified purposes, see s. 78(1)(a)(5)

17 (1) Regulations under paragraph 15(1)(a) may not add a person or description of persons to Part 1 if the Secretary of State considers that the person or (as the case may be) any person of that description— U.K.

(a) exercises devolved functions only, or

(b) exercises any devolved functions, unless the entry for that person or description of persons provides that they are a relevant authority only to the extent that they are exercising functions that are not devolved functions.

(2) Regulations under paragraph 15(1)(c) may not vary an entry listed in Part 1—

(a) so that it relates to a person who exercises devolved functions only, or in the case of a description of persons, so that the description consists of or includes any persons who exercise devolved functions only, or

(b) so that it relates to a person who exercises devolved functions, or in the case of a description of persons, so that the description consists of or includes any persons who exercise devolved functions, unless the entry provides that they are a relevant authority only to the extent that they are exercising functions that are not devolved functions.

(3) In this paragraph, “devolved function” means a function that could be conferred by provision that would be within the legislative competence of—

(a) the Scottish Parliament, if it were contained in an Act of that Parliament (see section 29 of the Scotland Act 1998),

(b) Senedd Cymru, if it were contained in an Act of the Senedd (see section 108A of the Government of Wales Act 2006), or

(c) the Northern Ireland Assembly, if it were contained in an Act of the Assembly, where the Bill for that Act would not require the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).

Commencement Information

I17 Sch. 1 para. 17 in force at Royal Assent for specified purposes, see s. 78(1)(a)(5)

Prospective

Section 42

Schedule 2 E+W Children not in school: consequential amendments

Children Act 1989 E+W

1 (1) The Children Act 1989 is amended as follows.

(2) In section 36 (education supervision orders), in subsection (5)(a), for “437” substitute “436I”.

(3) In section 91 (effect and duration of care orders etc), in subsection (5), for “437” substitute “436I”.

(4) In Schedule 3 (supervision orders), in paragraph 13(2)(a)(i) and (b)(i), for “437” substitute “436I”.

Commencement Information

I18 Sch. 2 para. 1 not in force at Royal Assent, see s. 78(3)(5)

Education Act 1996 E+W

2 (1) The Education Act 1996 is amended as follows.

(2) Omit sections 437 to 443 (school attendance orders) and the italic headings before sections 437 and 443.

(3) Before section 444 insert—

“Offence of failure to secure regular attendance at school of registered pupil”.

(4) Before section 445 insert—

“Offences: general”.

(5) In sections 445(1), 446 and 447(1) and (2)(a), for “443” substitute “436Q”.

(6) After section 447 insert—

“Interpretation of Chapter E+W

447A Interpretation of Chapter 2

In this Chapter—

• “maintained school” means any community, foundation or voluntary school or any community or foundation special school not established in a hospital;

• “school nomination notice” means a notice under section 436L.”

(7) In section 580 (index), in the second column of the entry relating to “school attendance order”, for “section 437(3)” substitute “section 436I”.

Commencement Information

I19 Sch. 2 para. 2 not in force at Royal Assent, see s. 78(3)(5)

School Standards and Framework Act 1998 E+W

3 In section 86 of the School Standards and Framework Act 1998 (parental preferences), in subsection (8)(b), for “438(4) or 440(2)” substitute “436L(4) or 436O(2)”.

Commencement Information

I20 Sch. 2 para. 3 not in force at Royal Assent, see s. 78(3)(5)

Sentencing Act 2020 E+W

4 In section 369 of the Sentencing Act 2020 (parenting order in respect of certain offences under the Education Act 1996)—

(a) in subsection (1)(a), for “443” substitute “436Q”;

(b) in subsections (2), (4) and (5)(a), for “443” substitute “436Q”.

Commencement Information

I21 Sch. 2 para. 4 not in force at Royal Assent, see s. 78(3)(5)

Section 59

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

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

Commencement Information

I22 Sch. 3 para. 1 in force at 29.6.2026, see s. 78(2)

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

I23 Sch. 3 para. 2 in force at 29.6.2026, see s. 78(2)

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

I24 Sch. 3 para. 3 in force at 29.6.2026, see s. 78(2)

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

Commencement Information

I25 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

I26 Sch. 3 para. 5 in force at Royal Assent for specified purposes, see s. 78(1)(a)

I27 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

I28 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

I29 Sch. 3 para. 7 in force at Royal Assent for specified purposes, see s. 78(1)(a)

I30 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

I31 Sch. 3 para. 8 in force at Royal Assent for specified purposes, see s. 78(1)(a)

I32 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

I33 Sch. 3 para. 9 in force at Royal Assent for specified purposes, see s. 78(1)(a)

I34 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

I35 Sch. 3 para. 10 in force at Royal Assent for specified purposes, see s. 78(1)(a)

I36 Sch. 3 para. 10 in force at 29.6.2026 in so far as not already in force, see s. 78(2)

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

I37 Sch. 3 para. 11 in force at 29.6.2026, see s. 78(2)

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

I38 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

I39 Sch. 3 para. 13 in force at Royal Assent for specified purposes, see s. 78(1)(a)

I40 Sch. 3 para. 13 in force at 29.6.2026 in so far as not already in force, see s. 78(2)

Section 68

Schedule 4 E+W Establishment of new schools: amendments to Schedule 2 to the Education and Inspections Act 2006

Prospective

1 E+W Schedule 2 to the Education and Inspections Act 2006 (proposals for establishment or discontinuance of schools in England) is amended as follows.

Commencement Information

I41 Sch. 4 para. 1 not in force at Royal Assent, see s. 78(5)

Prospective

2 E+W In paragraph 1(1) (application of Schedule), omit “, 11”.

Commencement Information

I42 Sch. 4 para. 2 not in force at Royal Assent, see s. 78(5)

Prospective

3 E+W In paragraph 2 (meaning of “the relevant authority”), in paragraph (b) omit “, 11”.

Commencement Information

I43 Sch. 4 para. 3 not in force at Royal Assent, see s. 78(5)

Prospective

4 E+W Omit paragraph 3A (meaning of “Academy proposals” and “non-Academy proposals”) and the italic heading before it.

Commencement Information

I44 Sch. 4 para. 4 not in force at Royal Assent, see s. 78(5)

Prospective

5 (1) Paragraph 4 (references to persons by whom proposals are made) is amended as follows. E+W

(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”.

Commencement Information

I45 Sch. 4 para. 5 not in force at Royal Assent, see s. 78(5)

Prospective

6 E+W Omit paragraph 5A (consideration of proposals: distinction between Academy and non-Academy proposals).

Commencement Information

I46 Sch. 4 para. 6 not in force at Royal Assent, see s. 78(5)

Prospective

7 E+W In paragraph 6 (consideration of proposals), for “10 or 11” substitute “7 or 10”.

Commencement Information

I47 Sch. 4 para. 7 not in force at Royal Assent, see s. 78(5)

Prospective

8 E+W Omit paragraph 7A (consideration of Academy proposals).

Commencement Information

I48 Sch. 4 para. 8 not in force at Royal Assent, see s. 78(5)

Prospective

9 (1) Paragraph 8 (consideration of proposals: further provision) is amended as follows. E+W

(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.”

Commencement Information

I49 Sch. 4 para. 9 not in force at Royal Assent, see s. 78(5)

Prospective

10 E+W In paragraph 9 (consideration of proposals that are related to other proposals), in sub-paragraph (2A)(b), omit “, 11”.

Commencement Information

I50 Sch. 4 para. 10 not in force at Royal Assent, see s. 78(5)

Prospective

11 E+W In the italic heading before paragraph 10, after “refer to” insert “Secretary of State or”.

Commencement Information

I51 Sch. 4 para. 11 not in force at Royal Assent, see s. 78(5)

Prospective

12 (1) Paragraph 10 (duty to refer certain proposals to adjudicator) is amended as follows. E+W

(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.”

Commencement Information

I52 Sch. 4 para. 12 not in force at Royal Assent, see s. 78(5)

Prospective

13 E+W In the italic heading before paragraph 12, for “adjudicator” substitute “Secretary of State”.

Commencement Information

I53 Sch. 4 para. 13 not in force at Royal Assent, see s. 78(5)

Prospective

14 E+W 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”.

Commencement Information

I54 Sch. 4 para. 14 not in force at Royal Assent, see s. 78(5)

Prospective

15 E+W In the italic heading before paragraph 13, after “refer” insert “certain”.

Commencement Information

I55 Sch. 4 para. 15 not in force at Royal Assent, see s. 78(5)

Prospective

16 E+W 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.”

Commencement Information

I56 Sch. 4 para. 16 not in force at Royal Assent, see s. 78(5)

Prospective

17 (1) Paragraph 14 (reference to adjudicator at request of aggrieved person) is amended as follows. E+W

(2) In sub-paragraph (1), omit “, 11”.

(3) In sub-paragraph (2)(c), omit “or 11”.

Commencement Information

I57 Sch. 4 para. 17 not in force at Royal Assent, see s. 78(5)

Prospective

18 (1) Paragraph 15 (duty to refer related proposals) is amended as follows. E+W

(2) In paragraph (a), for “7, 10, 11 or 15” substitute “10 or 15”.

(3) In paragraph (b), omit “, 11”.

Commencement Information

I58 Sch. 4 para. 18 not in force at Royal Assent, see s. 78(5)

Prospective

19 (1) Paragraph 16 (withdrawal of proposals before determination) is amended as follows. E+W

(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”.

Commencement Information

I59 Sch. 4 para. 19 not in force at Royal Assent, see s. 78(5)

Prospective

20 E+W In the italic heading before paragraph 17, after “to” insert “Secretary of State or”.

Commencement Information

I60 Sch. 4 para. 20 not in force at Royal Assent, see s. 78(5)

Prospective

21 E+W 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.”

Commencement Information

I61 Sch. 4 para. 21 not in force at Royal Assent, see s. 78(5)

22 E+W 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.”

Commencement Information

I62 Sch. 4 para. 22 in force at Royal Assent for specified purposes, see s. 78(1)(a)(5)

Prospective

23 (1) Paragraph 19 (determination whether to implement proposals not requiring consideration under paragraph 8) is amended as follows. E+W

(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”.

Commencement Information

I63 Sch. 4 para. 23 not in force at Royal Assent, see s. 78(5)

Prospective

24 (1) Paragraph 21 (requirement to implement proposals) is amended as follows. E+W

(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”.

Commencement Information

I64 Sch. 4 para. 24 not in force at Royal Assent, see s. 78(5)

Prospective

25 (1) Paragraph 22 (proposals not falling to be implemented) is amended as follows. E+W

(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).”

Commencement Information

I65 Sch. 4 para. 25 not in force at Royal Assent, see s. 78(5)