OpenLegislation

Children’s Wellbeing and Schools Act 2026 in Scotland

2026 c. 21 · Enacted 29 April 2026 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 30 September 2026.

An Act to make provision about the safeguarding and welfare of children; about support for children in care or leaving care; about regulation of care workers; about regulation of establishments and agencies under Part 2 of the Care Standards Act 2000; about employment of children; about breakfast club provision and school uniform; about allergy safety in schools; about guidance relating to use of mobile phones and other interactive communication devices in schools; about attendance of children at school; about regulation of independent educational institutions; about inspections of schools and colleges; about teacher misconduct; about Academies and teachers at Academies; repealing section 128 of the Education Act 2002; about school places and admissions; about establishing new schools; about preventing or restricting access by children to internet services; about the age of consent in relation to processing of a child’s personal data in relation to information society services; and for connected purposes.

[29th April 2026]

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Contents

  1. Part 1: Children’s social care
  2. Corporate parenting Not yet in force
  3. 23Corporate parenting responsibilities Not yet in force
  4. 24Cases in which duty under section 23(1) does not apply Not yet in force
  5. 25Corporate parenting duty: collaborative working Not yet in force
  6. 26Duty to have regard to guidance Not yet in force
  7. 27Reports by Secretary of State Not yet in force
  8. Employment of children
  9. 29Employment of children in Scotland
  10. Part 3: Online safety etc
  11. 70Power to require providers of internet services to prevent or restrict access by children to internet services
  12. 71Progress statement
  13. 72Age of consent in relation to processing of a child’s personal data: information society services
  14. Part 4: General
  15. 73Power to make consequential provision
  16. 74Power to make consequential provision: Wales
  17. 75Power to make consequential provision: Scotland
  18. 76Financial provision
  19. 77Extent
  20. 78Commencement
  21. 79Short title
  22. Schedule 1: Relevant authorities
  23. Part 1: List of relevant authorities Not yet in force
  24. 1Paragraph 1 Not yet in force
  25. 2Paragraph 2 Not yet in force
  26. 3Paragraph 3 Not yet in force
  27. 4Paragraph 4 Not yet in force
  28. 5Paragraph 5 Not yet in force
  29. 6Paragraph 6 Not yet in force
  30. 7Paragraph 7 Not yet in force
  31. 8Paragraph 8 Not yet in force
  32. 9Paragraph 9 Not yet in force
  33. 10Paragraph 10 Not yet in force
  34. 11Paragraph 11 Not yet in force
  35. 12Paragraph 12 Not yet in force
  36. 13Paragraph 13 Not yet in force
  37. 14Paragraph 14 Not yet in force
  38. Part 2: Power to modify Part 1
  39. 15Paragraph 15
  40. 16Paragraph 16
  41. 17Paragraph 17

23Corporate parenting responsibilitiesI1

(1)

It is the duty of every relevant authority when exercising its functions—

(a)

to be alert to matters which adversely affect, or might adversely affect, the wellbeing of looked-after children and relevant young people;

(b)

to assess what services or support provided by the authority are or may be available for looked-after children and relevant young people;

(c)

to seek to provide opportunities for looked-after children and relevant young people to participate in activities designed to promote their wellbeing or enhance their employment prospects;

(d)

to take such action as the authority considers appropriate to help looked-after children and relevant young people—

(i)

to make use of services, and access support, provided by the authority, and

(ii)

to access opportunities provided by the authority in pursuance of paragraph (c).

(2)

The duty imposed by subsection (1)—

(a)

applies to a relevant authority only so far as compliance with the duty—

(i)

is consistent with the proper exercise of its functions, and

(ii)

is reasonably practicable, and

(b)

does not apply as mentioned in section 24.

(3)

“Relevant authority” means a person listed, or within a description listed, in Part 1 of Schedule 1.

(4)

“Looked-after child” means a person aged under 18 who is—

(a)

looked after by a local authority for the purposes of the Children Act 1989, the Social Services and Well-being (Wales) Act 2014 (anaw 4) or the Children (Scotland) Act 1995, or

(b)

looked after by an authority for the purposes of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).

(5)

“Relevant young person” means a person who—

(a)

is aged 16 or over but under 25, and

(b)

was a looked-after child on their 16th birthday or at any subsequent time but is no longer a looked-after child.

24Cases in which duty under section 23(1) does not applyI1

(1)

The duty under section 23(1) does not apply in relation to the exercise of—

(a)

any function of the Secretary of State in relation to immigration, asylum or nationality, or

(b)

any general customs function of the Secretary of State.

(2)

In subsection (1)(b), “general customs function” has the same meaning as in Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 1(8) of that Act).

(3)

The duty under section 23(1) does not apply in relation to—

(a)

the exercise of a function in or as regards Scotland to the extent that the function could be conferred by provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament (see section 29 of the Scotland Act 1998);

(b)

the exercise of a function in relation to Wales to the extent that the function could be conferred by provision that would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (see section 108A of the Government of Wales Act 2006);

(c)

the exercise of a function in or as regards Northern Ireland to the extent that the function could be conferred by provision that—

(i)

would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of the Assembly (see section 6 of the Northern Ireland Act 1998), and

(ii)

would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of that Act.

25Corporate parenting duty: collaborative workingI1

(1)

Relevant authorities and local authorities in England must, so far as reasonably practicable, collaborate with each other when performing their corporate parenting duty where they consider that doing so would safeguard or promote the wellbeing of looked-after children or relevant young people.

(2)

In subsection (1), “corporate parenting duty” means—

(a)

in the case of a relevant authority, the duty under section 23(1);

(b)

in the case of a local authority in England, the duty under section 1(1) of the Children and Social Work Act 2017.

(3)

Collaboration under subsection (1) may in particular include—

(a)

sharing information;

(b)

providing advice or assistance;

(c)

co-ordinating activities (and seeking to prevent unnecessary duplication).

(4)

Subsection (1) is not to be read as requiring or authorising a disclosure of information which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(5)

In this section—

(6)

In section 1 of the Children and Social Work Act 2017, after subsection (4) insert—

“(5)

See also section 25 of the Children’s Wellbeing and Schools Act 2026, which requires local authorities in England to collaborate with other bodies in performing their respective corporate parenting duties.”

26Duty to have regard to guidanceI1

(1)

A relevant authority must have regard to any guidance given by the Secretary of State as to the performance of the duty under section 23(1).

(2)

Guidance for the purposes of this section may in particular include guidance about—

(a)

how the duty under section 23(1) applies in relation to a particular relevant authority or to relevant authorities of a particular description;

(b)

outcomes which a relevant authority should seek to achieve in performing the duty.

(3)

Before giving guidance, the Secretary of State must consult—

(a)

those relevant authorities to which the guidance relates, and

(b)

such other persons as the Secretary of State considers appropriate.

(4)

In this section, “relevant authority” has the same meaning as in section 23.

27Reports by Secretary of StateI1

(1)

The Secretary of State must, after the end of each relevant three-year period, lay before Parliament a report on how the Secretary of State has performed the duty under section 23(1) during that period.

(2)

In subsection (1), “relevant three-year period” means—

(a)

the period of three years beginning with the day on which this section comes into force, and

(b)

each subsequent period of three years.

29Employment of children in ScotlandI1 S

(1)

The Children and Young Persons (Scotland) Act 1937 is amended as follows.

(2)

For section 28 substitute—

“Restrictions on employment of children

28
(1)

A child may not be employed to work—

(a)

so long as the child is under the age of 14 (subject to regulations under subsection (2));

(b)

to do any work other than light work;

(c)

to do work of a description specified in regulations made by the Scottish Ministers;

(d)

before 7.00 a.m. or after 8.00 p.m. on any day;

(e)

on any day on which the child is required to attend school—

(i)

for more than one hour before the start of school hours,

(ii)

during school hours, or

(iii)

for more than two hours in total in the day;

(f)

for more than 12 hours in any week in which the child is required to attend school;

(g)

for more than eight hours or, if the child is under 15, for more than five hours in any day on which the child is not required to attend school;

(h)

for more than 35 hours or, if the child is under 15, for more than 25 hours in any week in which the child is not required to attend school;

(i)

for more than four hours in any day without a break of one hour;

(j)

at any time in a year unless at that time a person employing the child is satisfied that the child has had, or could still have, a period of at least two consecutive weeks without employment during a period in the year in which the child is not required to attend school.

(2)

The Scottish Ministers may by regulations authorise the employment of children aged 13 to do specified descriptions of light work.

(3)

A child may not be employed to work except in accordance with a permit (a “child employment permit”) granted by a local authority on an application made in accordance with regulations made by the Scottish Ministers.

(4)

The Scottish Ministers may by regulations—

(a)

make provision in relation to child employment permits;

(b)

provide that subsection (3) does not apply in specified cases or circumstances;

(c)

make provision about the keeping of records.

(5)

The provision that may be made in reliance on subsection (4)(a) includes provision—

(a)

authorising a local authority to request such information as the authority considers appropriate, or to require a child to have a medical examination, for the purpose of enabling the authority to determine an application;

(b)

requiring a local authority to have regard to specified matters when determining an application;

(c)

for the grant of a child employment permit subject to conditions determined by a local authority;

(d)

requiring a child employment permit to contain specified information;

(e)

authorising a local authority to vary, suspend or revoke a child employment permit in specified circumstances;

(f)

about appeals against—

(i)

a decision to reject an application, or

(ii)

the revocation of a child employment permit;

(g)

imposing requirements on persons employing children (including requirements to produce child employment permits for inspection);

(h)

requiring or authorising a local authority, in specified circumstances, to disclose information about a child employment permit to another local authority in Scotland, to a local authority in England or to a local authority in Wales.

(6)

The Scottish Ministers may by regulations make provision (subject to subsection (1) and regulations under subsection (2))—

(a)

specifying the number of hours in each day, or in each week, for which children may be employed, and the times of day at which they may be employed;

(b)

specifying the intervals to be allowed to children for meals and breaks, when in employment;

(c)

about entitlement to leave;

(d)

specifying other conditions to be met in relation to the employment of children.

(7)

Nothing in this section, or in regulations made under any provision of this section, prevents a child from doing anything—

(a)

under the authority of a licence granted under this Part, or

(b)

in a case where by virtue of subsection (3) of section 37 of the Children and Young Persons Act 1963 no licence under that section is required for the child to do it.

(8)

In this section—

  • “light work” means work which, on account of the inherent nature of the tasks which it involves and the particular conditions under which they are performed—

    1. (a)

      is not likely to be harmful to the safety, health or development of children, and

    2. (b)

      is not such as to be harmful to their education (through attendance at school or otherwise) as required by section 30 of the Education (Scotland) Act 1980 or to their participation in work experience in accordance with section 123 of that Act, or their capacity to benefit from the education received or the experience gained (as the case may be);

  • “local authority in England” and “local authority in Wales” have the same meaning as in the Education Act 1996 (see section 579(1) of that Act);

  • “specified”, in relation to regulations made under any provision of this section, means specified in the regulations;

  • “week” means any period of seven consecutive days;

  • “year” means a period of 12 months beginning with 1 January.

Regulations under section 28: further provision

28A
(1)

Regulations under section 28 may—

(a)

make different provision for different purposes or areas;

(b)

make provision subject to exceptions;

(c)

make transitional or saving provision.

(2)

Regulations under section 28 may provide for the processing of information in accordance with the regulations not to be in breach of—

(a)

any obligation of confidence owed by the person processing the information, or

(b)

any other restriction on the processing of information (however imposed).

(3)

Regulations under section 28 are subject to the negative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

(4)

In this section “processing” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).”

(3)

In section 31 (penalties and legal proceedings in respect of general provisions as to employment), in subsection (1), after “byelaw” insert “or regulations”.

(4)

In section 35 (confirmation of byelaws), in subsection (1), for “Secretary of State” substitute “Scottish Ministers”.

(5)

In section 36 (powers of entry), in subsection (1), after “byelaw” insert “or regulations”.

(6)

In section 37 (interpretation), after “byelaws” insert “or regulations”.

(7)

In section 38 (savings)—

(a)

omit subsection (3);

(b)

in subsection (4), for “The said provisions” substitute “The provisions of this Part relating to employment”.

(8)

In section 110(1) (interpretation), omit the definitions of “borstal institution” and “residential establishment”.

70Power to require providers of internet services to prevent or restrict access by children to internet servicesI1

(1)

The Online Safety Act 2023 is amended as follows.

(2)

After section 214 insert—

“Power to require providers of internet services to prevent or restrict access by children to internet services

Power to require providers of internet services to prevent or restrict access by children to internet services

214A
(1)

The Secretary of State may, for the purpose of protecting relevant children from a risk of harm (including harm presented by content), make provision by regulations requiring providers of specified internet services—

(a)

to prevent access by relevant children to specified internet services which they provide, or to specified functionalities or other features of such services;

(b)

to restrict access by relevant children to specified internet services which they provide, or to specified functionalities or other features of such services.

(2)

“Relevant child” means a child who is of, or under, a specified age (and different ages may be specified for the purposes of paragraphs (a) and (b) of subsection (1)).

(3)

The provision that may be made by regulations under this section includes provision—

(a)

about the steps that must or may be taken by a provider for the purposes of complying with a requirement imposed by the regulations;

(b)

about the monitoring of compliance with a requirement imposed by the regulations;

(c)

about the enforcement of a requirement imposed by the regulations.

(4)

The provision that may be made by virtue of subsection (1)(b) includes, for example, provision requiring a provider of an internet service to—

(a)

limit the amount of time per day, or over the course of a specified period, for which relevant children may access the service or a specified functionality or other feature of the service;

(b)

limit the times of day at which relevant children may access the service or a specified functionality or other feature of the service;

(c)

restrict access by relevant children to a service or to a functionality or other feature of a service by virtue of which—

(i)

a user of the service could receive unsolicited contact from a person who is not known to the user;

(ii)

a user of the service could encounter live oral communications or live video generated directly on the service, or uploaded to or shared on the service, by a person who is not known to the user;

(iii)

a person who is not known to a user of the service could encounter live oral communications or live video generated directly on the service, or uploaded to or shared on the service, by the user;

(iv)

a person who is not known to a user of the service could identify the actual or approximate location of the user.

(5)

The provision that may be made by virtue of subsection (3)(c) includes provision for a requirement to be an enforceable requirement for the purposes of Chapter 6 of Part 7.

(6)

In making regulations under this section, the Secretary of State must have regard to—

(a)

the different ways in which an internet service of a particular kind is used, including functionalities or other features of the service that affect how much children use the service, and the impact of such use on the level of risk of harm that might be suffered by children, and

(b)

the fact that children of different ages may be affected by an internet service, or a functionality or other feature of an internet service, in different ways.

(7)

Regulations under this section may—

(a)

make provision applying any provision of this Act (with or without modifications);

(b)

make provision for exceptions to requirements imposed by the regulations;

(c)

make provision about the time by which, or period within which, a thing must be done;

(d)

make provision by reference to standards, arrangements, specifications or technical requirements as published from time to time;

(e)

confer functions on a person, including functions involving the exercise of a discretion, and make provision in connection with the procedure for exercising the functions;

(f)

make consequential provision.

(8)

Regulations made by virtue of subsection (7)(f) may amend or repeal primary legislation.

(9)

The Secretary of State—

(a)

must exercise the power under subsection (1) so as to make such provision as the Secretary of State considers appropriate following the conclusion of the consultation entitled “Growing up in the online world: a national consultation” launched on 2 March 2026 (command paper numbered CP 1528), and

(b)

must, in exercising that power, have regard to the responses to the consultation.

(10)

OFCOM must, so far as reasonably practicable—

(a)

carry out such research or provide such advice as the Secretary of State may request for the purposes of making regulations under this section, and

(b)

do so by such time, or within such period, as the Secretary of State may specify in the request.

(11)

As soon as reasonably practicable after providing advice under subsection (10), OFCOM must publish the advice.

(12)

In this section—

  • “primary legislation” means—

    1. (a)

      an Act of Parliament,

    2. (b)

      an Act of the Scottish Parliament,

    3. (c)

      an Act or Measure of Senedd Cymru, or

    4. (d)

      Northern Ireland legislation;

  • “specified” means specified, or of a description specified, in regulations under this section.”

(3)

In section 225 (parliamentary procedure for regulations), in subsection (1), after paragraph (e) insert—

“(ea)

regulations under section 214A(1),”.

71Progress statementI1

(1)

The Secretary of State must, before the end of the period of three months beginning with the day on which this Act is passed, lay before Parliament a statement setting out—

(a)

what progress has been made towards making the first regulations under section 214A(1) of the Online Safety Act 2023 (inserted by section 70 of this Act) (“the first regulations”), and

(b)

a timeline for making the first regulations.

(2)

The timeline must provide for the first regulations to be laid before Parliament before the end of the period of 12 months beginning with the day on which the statement is laid under subsection (1).

(3)

The duty in subsection (1) does not apply where the first regulations have been made before the end of the period mentioned in subsection (1).

(4)

If the first regulations have not been laid before Parliament before the end of the period mentioned in subsection (2)—

(a)

the Secretary of State must lay before Parliament a statement explaining why, and

(b)

before the end of the period of six months beginning with the day on which the statement under paragraph (a) is laid, the Secretary of State must lay the first regulations before Parliament.

(5)

References in this section to the laying before Parliament of the first regulations are to the laying before Parliament of a draft of a statutory instrument containing the first regulations.

72Age of consent in relation to processing of a child’s personal data: information society servicesI1

(1)

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data is amended as follows.

(2)

In Article 8 (child’s consent in relation to information society services), after paragraph 2 insert—

“2A.

The Secretary of State may by regulations—

(a)

amend paragraph 1 so as to change the age for the time being specified in that paragraph (but not to an age lower than 13 years or higher than 16 years);

(b)

make provision in relation to services specified, or of a description specified, in the regulations for a different age to apply for the purposes of paragraph 1 (but not lower than 13 years or higher than 16 years).

2B.

Regulations under paragraph 2A are subject to the affirmative resolution procedure.”

(3)

After Article 8, insert—

“Child’s consent in relation to information society services: age verification

Article 8ZA
1.

The Secretary of State may by regulations make provision about verifying—

(a)

that a data subject who has given consent to the processing of his or her personal data in relation to the offer of information society services is at least the age for the time being specified in Article 8(1);

(b)

in the case of a service specified, or of a description specified, in regulations under Article 8(2A)(b), that a data subject who has given consent to the processing of his or her personal data in relation to the offer of information society services is at least the age for the time being applicable by virtue of those regulations in relation to that service or description of service.

2.

The provision that may be made by regulations under paragraph 1 includes—

(a)

provision imposing requirements on persons specified, or of a description specified, in the regulations;

(b)

provision about the steps that must or may be taken by such persons for the purposes of complying with a requirement imposed by the regulations;

(c)

provision about the monitoring of compliance with a requirement imposed by the regulations;

(d)

provision about the enforcement of a requirement imposed by the regulations.

3.

Regulations under paragraph 1 may—

(a)

make provision amending, repealing, revoking or applying (with or without modifications) any provision of the data protection legislation (within the meaning given by section 3(9) of the Data Protection Act 2018);

(b)

make provision for exceptions to requirements imposed by the regulations;

(c)

make provision about the time by which, or period within which, a thing must be done;

(d)

make provision by reference to standards, arrangements, specifications or technical requirements as published from time to time;

(e)

confer functions on a person, including functions involving the exercise of a discretion, and make provision in connection with the procedure for exercising the functions.

4.

Regulations under this Article are subject to the affirmative resolution procedure.

5.

In paragraph 1, the reference to information society services does not include preventive or counselling services.”

73Power to make consequential provisionI1

(1)

The Secretary of State may by regulations made by statutory instrument make provision that is consequential on provision made by this Act.

(2)

Regulations under this section may amend, repeal or revoke legislation passed or made before, or in the same session of Parliament as, this Act.

(3)

Except as provided by subsection (4), a statutory instrument that contains regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(4)

A statutory instrument that contains (whether alone or with other provision) regulations under this section that amend, repeal or revoke primary legislation may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(5)

The power to make regulations under this section includes power to make—

(a)

supplementary, incidental, transitional or saving provision;

(b)

different provision for different purposes or areas.

(6)

In this section, “primary legislation” means—

(a)

an Act of Parliament,

(b)

an Act of the Scottish Parliament,

(c)

an Act or Measure of Senedd Cymru, or

(d)

Northern Ireland legislation.

74Power to make consequential provision: WalesI1

(1)

The Welsh Ministers may by regulations make provision that is consequential on any of the following provisions of this Act—

(a)

section 13 (use of accommodation for deprivation of liberty);

(b)

section 14(5) (service of documents under Part 2 of the Care Standards Act 2000);

(c)

section 22 (ill-treatment or wilful neglect of children);

(d)

sections 37 to 42 (children not in school).

(2)

Regulations under subsection (1) may contain only provision which would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd.

(3)

Regulations under this section may amend, repeal or revoke provision made by or under—

(a)

an Act or Measure of Senedd Cymru passed before this Act, or

(b)

an Act passed or made before, or in the same session of Parliament as, this Act.

(4)

Regulations under this section are to be made by Welsh statutory instrument (see section 37A of the Legislation (Wales) Act 2019 (anaw 4)).

(5)

Except as provided by subsection (6), regulations made under this section are subject to the Senedd annulment procedure (see section 37E of the Legislation (Wales) Act 2019 (anaw 4)).

(6)

Regulations made under this section that amend, repeal or revoke provision made by or under an Act or Measure of Senedd Cymru, or an Act, are subject to the Senedd approval procedure (see section 37C of the Legislation (Wales) Act 2019 (anaw 4)).

(7)

The power to make regulations under this section includes power to make—

(a)

supplementary, incidental, transitional or saving provision;

(b)

different provision for different purposes or areas.

75Power to make consequential provision: ScotlandI1

(1)

The Scottish Ministers may by regulations make provision that is consequential on section 13 (use of accommodation for deprivation of liberty).

(2)

Regulations under subsection (1) may contain only provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

(3)

Regulations under this section may amend, repeal or revoke provision made by or under—

(a)

an Act of the Scottish Parliament passed before this Act, or

(b)

an Act passed or made before, or in the same session of Parliament as, this Act.

(4)

For provision about instruments containing regulations under this section, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).

(5)

Except as provided by subsection (6), regulations made under this section are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

(6)

Regulations made under this section that amend, repeal or revoke provision made by or under an Act of the Scottish Parliament, or an Act, are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

(7)

The power to make regulations under this section includes power to make—

(a)

supplementary, incidental, transitional or saving provision;

(b)

different provision for different purposes or areas.

76Financial provisionI1

There is to be paid out of money provided by Parliament—

(a)

any expenditure incurred under or by virtue of this Act by the Secretary of State or by a government department, and

(b)

any increase attributable to this Act in the sums payable under or by virtue of any other Act out of money so provided.

77ExtentI1

(1)

Any amendment or repeal made by this Act has the same extent as the provision amended or repealed.

(2)

Subject to subsection (1)—

(a)

sections 23 to 27 and Schedule 1 extend to England and Wales, Scotland and Northern Ireland;

(b)

section 29 extends to Scotland only.

(3)

Subject to subsections (1) and (2), Parts 1 and 2 extend to England and Wales only.

(4)

Section 71 and this Part extend to England and Wales, Scotland and Northern Ireland.

78CommencementI1

(1)

The following come into force on the day on which this Act is passed—

(a)

any provision of or amendment made by Part 1 or 2, so far as it confers or relates to a power to make—

(i)

regulations, or

(ii)

in relation to the amendments made to the Education Act 2002 by Schedule 3, an order;

(b)

Part 3;

(c)

this Part.

(2)

The following come into force (for all or remaining purposes) at the end of the period of two months beginning with the day on which this Act is passed—

(a)

section 5;

(d)

section 36;

(3)

Subject to subsection (1), the following come into force, in relation to Wales, on such day as the Welsh Ministers may by regulations made by Welsh statutory instrument appoint—

(b)

sections 37 to 42 and Schedule 2.

(4)

Subject to subsection (1), section 29 comes into force on such day as the Scottish Ministers may by regulations appoint.

(5)

Subject to subsections (1) to (4) , this Act comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.

(6)

Different days may be appointed under subsections (3), (4) or (5) for different purposes or areas.

(7)

The Secretary of State may by regulations made by statutory instrument make transitional or saving provision in connection with the coming into force of any provision of this Act other than—

(a)

the provisions listed in subsection (3) in relation to Wales;

(8)

The Welsh Ministers may by regulations made by Welsh statutory instrument make transitional or saving provision in connection with the coming into force of any provision listed in subsection (3) in relation to Wales.

(9)

The Scottish Ministers may by regulations make transitional or saving provision in connection with the coming into force of section 29.

(10)

The power to make regulations under subsections (7), (8) or (9) includes power to make different provision for different purposes or areas.

79Short titleI1

This Act may be cited as the Children’s Wellbeing and Schools Act 2026.

1I1

The Secretary of State.

2I1

The Lord Chancellor.

3I1

(1)

The governing body of a maintained school in England.

(2)

In sub-paragraph (1), “maintained school” has the meaning given by section 39(1) of the Education Act 2002.

4I1

(1)

The proprietor of a non-maintained special school in England.

(2)

In sub-paragraph (1)—

(a)

“non-maintained special school” has the meaning given by section 337A of the Education Act 1996;

(b)

“proprietor” has the meaning given by section 579(1) of that Act.

5I1

(1)

The proprietor of—

(a)

an Academy (as defined by section 579(1) of the Education Act 1996),

(b)

a city technology college, or

(c)

a city college for the technology of the arts.

(2)

In sub-paragraph (1), “proprietor” has the meaning given by section 579(1) of the Education Act 1996.

6I1

(1)

The governing body of an institution in England within the further education sector.

(2)

In sub-paragraph (1)—

(a)

“institution within the further education sector” has the meaning given by section 91(3) of the Further and Higher Education Act 1992;

(b)

“governing body” has the meaning given by section 90(1) of that Act.

7I1

(1)

The proprietor of a special post-16 institution in England in relation to which an approval under section 41(3) of the Children and Families Act 2014 has effect.

(2)

In sub-paragraph (1), “proprietor” and “special post-16 institution” have the meaning given by section 83(2) of the Children and Families Act 2014.

8I1

His Majesty’s Chief Inspector of Education, Children’s Services and Skills.

9I1

NHS England.

10I1

An integrated care board established under section 14Z25 of the National Health Service Act 2006.

11I1

An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006.

12I1

An NHS trust established under section 25 of the National Health Service Act 2006.

13I1

The Care Quality Commission.

14I1

The Youth Justice Board for England and Wales.

15I1

(1)

The Secretary of State may by regulations made by statutory instrument amend Part 1 of this Schedule by—

(a)

adding a person or description of persons,

(b)

removing an entry listed in it, or

(c)

varying an entry listed in it.

(2)

A statutory instrument containing regulations under sub-paragraph (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

16I1

(1)

Regulations under paragraph 15(1)(a) may not add a person or description of persons to Part 1 unless the Secretary of State considers that the person exercises, or (as the case may be) all persons of that description exercise, functions of a public nature.

(2)

Regulations under paragraph 15(1)(c) may not vary an entry listed in Part 1 so that it relates to a person who does not exercise functions of a public nature or, in the case of a description of persons, so that the description consists of or includes persons who do not exercise functions of a public nature.

17I1

(1)

Regulations under paragraph 15(1)(a) may not add a person or description of persons to Part 1 if the Secretary of State considers that the person or (as the case may be) any person of that description—

(a)

exercises devolved functions only, or

(b)

exercises any devolved functions, unless the entry for that person or description of persons provides that they are a relevant authority only to the extent that they are exercising functions that are not devolved functions.

(2)

Regulations under paragraph 15(1)(c) may not vary an entry listed in Part 1—

(a)

so that it relates to a person who exercises devolved functions only, or in the case of a description of persons, so that the description consists of or includes any persons who exercise devolved functions only, or

(b)

so that it relates to a person who exercises devolved functions, or in the case of a description of persons, so that the description consists of or includes any persons who exercise devolved functions, unless the entry provides that they are a relevant authority only to the extent that they are exercising functions that are not devolved functions.

(3)

In this paragraph, “devolved function” means a function that could be conferred by provision that would be within the legislative competence of—

(a)

the Scottish Parliament, if it were contained in an Act of that Parliament (see section 29 of the Scotland Act 1998),

(b)

Senedd Cymru, if it were contained in an Act of the Senedd (see section 108A of the Government of Wales Act 2006), or

(c)

the Northern Ireland Assembly, if it were contained in an Act of the Assembly, where the Bill for that Act would not require the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).