Second Delegated Legislation Committee
30 June 2026
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Second Delegated Legislation Committee House of Commons
00:04 - 00:25
Speaker 3
I beg to move that the committee has considered the draft Children's Wellbeing and Schools Act 2026 (Establishment of Schools) (Consequential Amendments) Regulations 2026. Minister, you can start.
00:25 - 02:34
Speaker 6
Thank you. It's a pleasure to serve under your chairmanship this afternoon, Martin Vickers. I beg to move that the committee has considered the draft Children's Wellbeing and Schools Act 2026 (Establishment of Schools) (Consequential Amendments) Regulations 2026. The draft regulations were laid before the House on the 20th of May 2026. The Children's Wellbeing and Schools Act 2026 changes the legal framework for opening new state-funded schools.
It ends the legal presumption that new schools should be academies and helps to ensure that new schools can be delivered quickly where they are needed by enabling proposals from local authorities and voluntary organisations as additional routes to delivery. This provides greater flexibility in the system, including in circumstances where suitable academy trust capacity is limited. This instrument makes consequential amendments arising out of these provisions. The amendments to primary and secondary legislation are necessary to ensure that references to the legislative framework for opening new schools are correct and consistent across the statute book and to update provisions to ensure that they are compatible with the new legislative framework. The amendments are minor and technical in nature and do not introduce any significant new policy.
The Children's Wellbeing and Schools Act repeals section 6A of the Education and Inspections Act 2006 relating to the presumption that new schools should be academies. Arrangements for inviting proposals for new schools are now contained in an amended section 7. The Act also replaces sections 10 and 11 of the Education and Inspections Act with an amended section 10. The draft regulations before us remove references to section 6A and section 11 in other primary and secondary legislation and replace them with references to sections 7 and 10 respectively where necessary, providing legal clarity. The amended provisions relate to land given to a local authority on trust for educational purposes, transfer of employment, proposals of new schools, governance of new schools and local government reorganisation.
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