Explanatory note

These Regulations modify section 29A of the Education Act 2002 (c. 32) (“the 2002 Act”) and the Education (Educational Provision for Improving Behaviour) Regulations 2010 (S.I. 2010/1156) (“the 2010 Regulations”), so that they apply to Academy schools and alternative provision Academies (“Academies”), and to pupil referral units (in England) in the same way that they apply to maintained schools in England, with specific modifications. These are the first regulations that exercise the power contained within section 29A (5) of the 2002 Act.

Regulation 2 replaces a reference to a statement of special educational needs with a reference to an Education, Health and Care plan (“EHC plan”), correcting an error contained in the Special Educational Needs (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/2103) (“the 2014 Order”). These Regulations are therefore being issued free of charge to known recipients of the 2014 Order.

Regulation 5 makes specific provision for circumstances where, before these Regulations come into force, a proprietor of an Academy has imposed a requirement on a pupil to attend a place away from the premises of the Academy for the purpose of receiving educational provision to improve the pupils behaviour (“a requirement”), and the pupil remains subject to that requirement immediately after these Regulations come into force. In those circumstances, proprietors who had imposed such a requirement will be obliged to carry out an initial review as soon as reasonably practicable after 1st August 2026, and conduct subsequent reviews at appropriate intervals. They will also be required to provide prescribed notices at least six days prior to any initial review meeting.

Regulations 8 and 9 make amendments to the Education (Information about Individual Pupils) (England) Regulations 2013 (S.I. 2013/2094) (“the 2013 Regulations”) and the Health and Social Care Act 2012 (Continuity of Information: Interpretation) Regulations 2015 (S.I. 2015/1470) (“the 2015 Regulations”) respectively, to reflect the application of section 29A of the 2002 Act and the 2010 Regulations to Academies and pupil referral units. Regulation 9 further corrects an error in paragraph (bb) of the Schedule to the 2015 Regulations. Consequently these Regulations are being issued free of charge to known recipients of the 2015 Regulations.

Regulation 10 makes saving provision relating to Academies, where a proprietor has imposed a requirement on a pupil that starts before these Regulations come into force, and continues to be in effect after these Regulations come into force. In such circumstances, paragraph 18A (2) (a) of Schedule 1 to the 2013 Regulations, as it stood before the amendments made by these Regulations, continues to apply to that Academy in respect of the pupil for the duration of the requirement.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.