Part 1 Introduction

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Education (Educational Provision for Improving Behaviour) (Application to Academies and Pupil Referral Units and Minor Amendments) Regulations 2026.

(2) These Regulations come into force on 26th July 2026.

(3) These Regulations extend to England and Wales.

(4) In these Regulations—

“ the 2002 Act ” means the Education Act 2002 ;

“ the 2010 Regulations ” means the Education (Educational Provision for Improving Behaviour) ( Regulations 2010 6 );

“ the 2013 Regulations ” means the Education (Information about Individual ( Pupils) (England) ( Regulations 2013 7 );

“ Academy ” means an Academy school( 8 ) or an alternative provision Academy( 9 );

“ relevant requirement ” means a requirement imposed by the proprietor of an Academy on a registered pupil to attend any place outside the premises of the Academy for the purpose of receiving educational provision which is intended to improve the behaviour of the pupil.

Amendments to regulation 4A of the 2010 Regulations

2. In (regulation 4A10) of the (persons who may request a review meeting), in 2010 Regulationsparagraph (1) (b)—

(a)for “a statement of special educational needs” substitute “an EHC plan”(11);

(b)for “statement”, in the second place it occurs, substitute “plan”.

Part 2 Educational provision for improving behaviour in Academies

Application and modification of section 29A of the 2002 Act in relation to Academies

3. Section 29A of the (power of governing body in England: educational provision for improving behaviour) applies in relation to 2002 ActAcademies as if—

(a)any reference to a governing body of a maintained school were a reference to a proprietor of an Academy;

(b)any reference to a maintained school were a reference to an Academy;

(c)subsection (2) were omitted.

Application and modification of the 2010 Regulations in relation to Academies

4.—(1) The apply in relation to 2010 RegulationsAcademies as if—

(a)any reference to a requirement imposed under section 29A (1) of the included a reference to a 2002 Actrelevant requirement imposed before 26th July 2026;

(b)any reference to a maintained school were a reference to an Academy;

(c)any reference to a governing body were a reference to a proprietor;

(d)any reference to a head teacher of a school were a reference to a principal of an Academy;

(e)in (regulation 512) (conduct of review meetings), in paragraph (3)—

(i) in the words before sub-paragraph (a) , for “member of the governing body” there were substituted “person nominated by the proprietor” ;

(ii)sub-paragraph (b) were omitted.

(2) In this regulation “ principal ” means the head teacher of an Academy and includes an acting principal.

Relevant requirements imposed by the proprietor of an Academy before 26th July 2026

5. Where a pupil remains subject to a relevant requirement that was imposed by the proprietor of an Academy before 26th July 2026, the apply to that 2010 Regulationsrelevant requirement as if—

(a)in (requirements and other matters relating the imposition of a requirement upon a regulation 3pupil under section 29A (1) of the )—2002 Act

(i) in paragraph (1) , for “determine that they will impose” there were substituted “has imposed” ;

(ii)for paragraph (2) there were substituted—

“(2) The notice must be given as soon as practicable after 26th July 2026 and not less than six days before the date of the first scheduled review meeting under regulation 4(1)(a).”;

(iii)paragraph (4) (b) were omitted;

(b)in (requirement to keep under review the imposition of a requirement upon a regulation 4pupil under section 29A (1) of the ), for 2002 Actparagraph (1) (a) there were substituted—

“(a)holding the first review meeting as soon as reasonably practicable after 1st August 2026, and then further review meetings at such intervals as it, having regard to the needs of the pupil, considers appropriate; and”;

(c) in , in regulation 4A paragraph (3) , after “practicable”, there were inserted “after 1st August 2026” .

Part 3 Educational provision for improving behaviour in Pupil Referral Units

Application and modification of section 29A of the 2002 Act in relation to pupil referral units in England

6. Section 29A of the applies in relation to 2002 Actpupil referral units(13) in England as if—

(a)any reference to a governing body of a maintained school were a reference to a management committee of a pupil referral unit;

(b)any reference to a maintained school were a reference to a pupil referral unit;

(c)subsection (2) were omitted.

Application and modification of the 2010 Regulations in relation to pupil referral units in England

7. The apply in relation to 2010 Regulationspupil referral units in England as if—

(a)any reference to a maintained school were a reference to a pupil referral unit;

(b)any reference to a governing body were a reference to a management committee;

(c)any reference to a head teacher were a reference to a teacher in charge.

Part 4 Amendments to other secondary legislation

Amendment to the 2013 Regulations

8. In paragraph 18A of Schedule 1 to the (provision of information about individual 2013 Regulationspupils), for sub-paragraph (2)(a), substitute—

“(a)is required to attend at any place outside the premises of the school, academy or unit for the purpose of receiving education provision which is intended to improve their behaviour by—

(i)the governing body of a maintained school,

(ii)the proprietor of an Academy school,

(iii)the proprietor of an alternative provision Academy, or

(iv)the management committee of a pupil referral unit,

pursuant to section 29A of the Education Act 2002;”.

Amendments to the Health and Social Care Act 2012 (Continuity of Information: Interpretation) Regulations 2015

9. In the Schedule to the Health and Social Care Act 2012 (Continuity of Information: Interpretation) (Regulations 201514) (relevant health or adult social care commissioner or provider; excluded persons)—

(a)for paragraph (aa), substitute—

“(aa)a person providing—

(i)instruction or training pursuant to a requirement imposed by a governing body of a maintained school under section 29 (3) of the Education Act 2002 (requirement for pupils to attend at a place outside school premises for instruction or training), or

(ii)education pursuant to a requirement imposed by a governing body of a maintained school, a proprietor of an Academy school or alternative provision Academy, or a management committee of a pupil referral unit under section 29A of the Education Act 2002 (educational provision for improving behaviour);”;

(b)in paragraph (bb), for “induction” substitute “instruction”.

Part 5 Saving provision

Saving Provision

10.—(1) Paragraph (2) applies where, on 26th July 2026, a pupil of an Academy remains subject to a relevant requirement that was imposed before that date.

(2) Where this paragraph applies, paragraph 18A (2) of (a)Schedule 1 to the , as it stood before 26th July 2026, continues to apply to the 2013 RegulationsAcademy, in respect of that pupil, for the duration of the relevant requirement.