Children’s Wellbeing and Schools Act 2026

24 Cases in which duty under section 23(1) does not apply

(1) The duty under section 23(1) does not apply in relation to the exercise of—

(a) any function of the Secretary of State in relation to immigration, asylum or nationality, or

(b) any general customs function of the Secretary of State.

(2) In subsection (1)(b), “general customs function” has the same meaning as in Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 1(8) of that Act).

(3) The duty under section 23(1) does not apply in relation to—

(a) the exercise of a function in or as regards Scotland to the extent that the function could be conferred by provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament (see section 29 of the Scotland Act 1998);

(b) the exercise of a function in relation to Wales to the extent that the function could be conferred by provision that would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (see section 108A of the Government of Wales Act 2006);

(c) the exercise of a function in or as regards Northern Ireland to the extent that the function could be conferred by provision that—

(i) would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of the Assembly (see section 6 of the Northern Ireland Act 1998), and

(ii) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of that Act.