http://www.legislation.gov.uk/ukpga/2026/21/section/66Children’s Wellbeing and Schools Act 2026enStatute Law Database2026-06-04Expert Participation2026-06-01
Part 2SchoolsEstablishment of new schoolsCertain proposals to establish new schools: publication requirements etc
66
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”.
S. 66 not in force at Royal Assent, see s. 78(5)