Children’s Wellbeing and Schools Act 2026

54 Academy schools: duty to follow National Curriculum E+W

(1) The Academies Act 2010 is amended as follows.

(2) In section 1A (Academy schools)—

(a) in subsection (1), for paragraph (b) substitute—

“(b) its curriculum—

(i) satisfies the requirements of section 78 of EA 2002 (balanced and broadly based curriculum), and

(ii) includes the National Curriculum (see section 80(1)(b) of that Act),”;

(b) after subsection (3) insert—

“(4) Any provision in Academy arrangements which is inconsistent with the requirement specified in subsection (1)(b)(ii) is of no effect to the extent of the inconsistency.

(5) Subsection (1)(b)(ii) does not apply in relation to an educational institution to the extent that—

(a) a direction under section 90(1) of EA 2002 (development work and experiments), or

(b) regulations under section 91 of that Act (exceptions),

provide that the National Curriculum does not apply in relation to the institution.

(6) See section 13A and Schedule 1A for provision about the application of provisions of EA 2002 for the purposes of subsection (1)(b)(ii).”

(3) After section 13 insert—

“13A Application of education legislation

Schedule 1A provides for certain legislation relating to the provision of education to apply in relation to Academies.”

(4) After Schedule 1 insert—

Section 13A

“Schedule 1A E+W Application of education legislation

Part 6 of EA 2002: National Curriculum for England

1 Sections 82 to 94 and 96 of EA 2002 (National Curriculum for England) apply in relation to an Academy school, for the purposes of section 1A(1)(b)(ii) of this Act, as they apply in relation to a maintained school within the meaning of Part 6 of EA 2002.

2 For the purposes of paragraph 1, sections 82 to 94 and 96 of EA 2002 apply as if—

(a) references to the governing body or the head teacher of a maintained school were to the proprietor of an Academy school;

(b) in section 88 (implementation of the National Curriculum for England in schools), in each of subsections (1) and (1A), paragraph (a) were omitted;

(c) in section 90 (development work and experiments)—

(i) for subsection (3) there were substituted—

“(3) The Secretary of State must not give a direction under subsection (1) in relation to an Academy school except on an application by the proprietor of the school.”, and

(ii) subsection (4) were omitted;

(d) in section 94 (information concerning directions under section 93)—

(i) for subsection (1) there were substituted—

“(1) Where the proprietor of an Academy school gives or varies a direction under regulations made under section 93, the proprietor must take such steps as may be prescribed to give the information mentioned in subsection (2) to a parent of the pupil concerned.”, and

(ii) for subsection (4) there were substituted—

“(4) Where the proprietor of an Academy school includes an indication of any such opinion in information given under subsection (1), the proprietor must also give that information, in such manner as may be prescribed, to the local authority who are the responsible authority in relation to the pupil in question.”;

(e) in section 96(2) (procedure for orders and regulations), after paragraph (b) there were inserted—

“(ba) bodies representing the interests of proprietors of Academy schools, and”.”

(5) In section 96 of the Education Act 2002 (procedure for making certain orders and regulations), after subsection (7) insert—

“(8) An order made under any provision of this Part may (in addition to any provision that it may make by virtue of section 210(7)) make provision amending Schedule 1A to the Academies Act 2010 (application of education legislation).”

Commencement Information

I1 S. 54 in force at Royal Assent for specified purposes, see s. 78(1)(a)(5)