Children’s Wellbeing and Schools Act 2026

Prospective

66 Certain proposals to establish new schools: publication requirements etc E+W

(1) Part 2 of the Education and Inspections Act 2006 (establishment, discontinuance or alteration of schools) is amended as follows.

(2) In section 10 (publication of proposals with consent of Secretary of State)—

(a) for the heading substitute “Proposals other than proposals pursuant to a section 7 notice: publication etc”;

(b) for subsections (1) and (2) substitute—

“(1) Where a local authority in England propose to establish a new maintained nursery school, they must publish their proposals under this section.

(2) Where a local authority in England propose to establish a new school within subsection (2A), they may publish their proposals under this section if there is for the time being no notice under section 7 pursuant to which (by virtue of section 7(5)(aa)) they could publish such proposals.

(2A) A school is within this subsection if it is—

(a) a community, community special, foundation or foundation special school which—

(i) is not to be one providing education suitable only to the requirements of persons above compulsory school age, and

(ii) is to replace one or more maintained schools, or

(b) a pupil referral unit which is to replace one or more pupil referral units.

(2B) Where any persons other than a local authority (“proposers”) propose to establish a new foundation, voluntary or foundation special school in England, they may publish their proposals under this section if there is for the time being no notice under section 7 pursuant to which such proposals could be made.”;

(c) in subsection (5)—

(i) for “(2)” substitute “(2B)”,

(ii) the words from “the proposers” to the end become paragraph (a), and

(iii) at the end of that paragraph insert “, and

(b) the local authority must take such action to publicise the proposals as may be prescribed.”

(3) Omit section 11 (publication of proposals to establish maintained schools: special cases).

(4) In section 12 (establishment of school as federated school), in subsection (1)(a), for “7, 10 or 11” substitute “7 or 10”.

(5) In section 13 (schools established outside area of relevant local authority), in paragraph (b), omit “or 11”.

Commencement Information

I1 S. 66 not in force at Royal Assent, see s. 78(5)