http://www.legislation.gov.uk/ukpga/2026/21/section/52/enactedChildren’s Wellbeing and Schools Act 2026enKing's Printer of Acts of Parliament2026-05-07 Part 2 52 1 The Education Act 2002 is amended as follows. 2 In section 141A (teachers to whom misconduct regime applies)— a in subsection (1)— i in the words before paragraph (a), after “is” insert “or has (at any time) been”; ii after paragraph (ba) insert— bb an independent educational institution in England that is not a school, bc an institution in England within the further education sector, bd a special post-16 institution in England, be an independent training provider, bf an online education provider (see section 141AA), ; b in subsection (2), after the definition of “children’s home” insert— “independent educational institution” has the same meaning as in Chapter 1 of Part 4 of the Education and Skills Act 2008; “independent training provider” has the same meaning as in sections 1 to 4 of the Skills and Post-16 Education Act 2022 (see section 4 of that Act); “special post-16 institution” has the same meaning as in Part 3 of the Children and Families Act 2014 (see section 83 of that Act); . 3 After section 141A insert— 141AA 1 An online education provider is an institution that meets the following conditions. 2 The first condition is that it is— a a company registered under the Companies Act 2006 which has its registered office for the purposes of that Act in England, or b a charity registered in accordance with section 30 of the Charities Act 2011 which has its address in England for the purposes of registration by the Charity Commission. 3 The second condition is that it provides education to at least one student who lives in England and who— a is of compulsory school age, b is over compulsory school age but is under the age of 19, or c is aged 19 or over and has an EHC plan that specifies that the student should be in full-time education. 4 The third condition is that at least one of the students mentioned in subsection (3) receives all or the majority of their education from the institution. 5 The fourth condition is that it is set up to deliver all or the majority of the education that it provides online. 6 The Secretary of State may by regulations amend this section so as to add a new condition or remove or change a condition for the time being specified. 4 In section 141B (investigation of disciplinary cases by the Secretary of State)— a in subsection (1)— i in the words before paragraph (a), for “an allegation is referred” substitute “it appears”; ii in paragraph (a), for “may be” substitute “may (at any time) have been”; b after subsection (3) insert— 3A For the purposes of subsection (1)(a) or (b) it is irrelevant whether the conduct occurred, or the offence was committed, at a time when the person was employed or engaged to carry out teaching work or at some other time. 5 In section 141D(4) (supply of information following dismissal, resignation etc: definitions)— a in the definition of “relevant employer”— i in paragraph (c), for “or 16 to 19 Academy” substitute “, a 16 to 19 Academy, an independent educational institution or a special post-16 institution”; ii after paragraph (d) insert— da a person who employs or engages a person to teach at an institution within the further education sector, an independent training provider or an online education provider; ; iii in paragraph (e), after “employs” insert “or engages”; b after the definition of “children’s home” insert— “independent educational institution” has the same meaning as in Chapter 1 of Part 4 of the Education and Skills Act 2008; “independent training provider” has the same meaning as in sections 1 to 4 of the Skills and Post-16 Education Act 2022 (see section 4 of that Act); ; c after the definition of “services” insert— “special post-16 institution” has the same meaning as in Part 3 of the Children and Families Act 2014 (see section 83 of that Act); . 6 In section 210(3) (instruments subject to affirmative procedure)— a in the words before paragraph (a), after “order” insert “or regulations”; b omit the “or” at the end of paragraph (e); c after paragraph (f) insert or g section 141AA(6), .