These 2026 Regulations, made by the Secretary of State, set the commencement dates for specific provisions within the Skills and Post-16 Education Act 2022, primarily bringing Section 15 (support for lifelong learning) into force the day after the Regulations are made, and implementing Section 16 (amendments to the Higher Education and Research Act 2017) immediately for regulation-making purposes, with its general commencement delayed until September 1, 2026.
Arguments For
Enables the immediate commencement of Section 15, allowing the Secretary of State to address support for lifelong learning by modifying existing legislation related to course funding and introducing a 'lifetime limit' on student financial provision.
Provides a staged approach for Section 16, allowing immediate commencement for essential regulation-making under the Higher Education and Research Act 2017, while setting a later, practical start date (September 1, 2026) for general application concerning modules and full courses.
Fulfills the legislative intent of the Skills and Post-16 Education Act 2022 by implementing key provisions related to flexible learning structures and associated financial support mechanisms in English higher education.
Arguments Against
The immediate commencement (day after making) for Section 15 creates an immediate administrative burden on departmental staff responsible for enacting the new funding limit powers.
The two-stage commencement for Section 16 creates complexity; the sector must adapt to the regulation-making powers immediately while awaiting the full force of the consequential amendments on September 1, 2026.
The regulations do not bring into force the entirety of the 2022 Act, meaning other related reforms rely on separate, future commencement orders, potentially delaying comprehensive sector overhauls.
STATUTORY INSTRUMENTS
2026 No. 498 (C. 42)
EDUCATION
The Skills and Post-16 Education Act 2022 (Commencement No. 1) Regulations 2026
This identifies the document as a Statutory Instrument from 2026, numbered 498, and specifies its subject matter falls under Education.
The title confirms these are the first commencement regulations issued to bring into effect parts of the Skills and Post-16 Education Act 2022.
Made - - - -
11th May 2026
The Secretary of State makes these Regulations in exercise of the powers conferred by section 36(3) and (4) of the Skills and Post-16 Education Act 2022( 1 ).
The instrument was officially made on May 11, 2026.
The Secretary of State enacted these rules using authority granted under subsections 36(3) and (4) of the principal 2022 Act.
Citation and interpretation
- -(1) These Regulations may be cited as the Skills and Post-16 Education Act 2022 (Commencement No. 1) Regulations 2026. (2) In these Regulations 'the 2022 Act' means the Skills and Post-16 Education Act 2022.
The first regulation establishes the official short title for this legal document.
It also formally defines 'the 2022 Act' as the Skills and Post-16 Education Act 2022 for clarity throughout the instrument.
Commencement of section 15 of the 2022 Act
- The day appointed for the coming into force of section 15 of the 2022 Act (support for lifelong learning) is the day after the day on which these Regulations are made.
Regulation 2 stipulates that Section 15 of the 2022 Act, which deals with support for lifelong learning, becomes legally active on the day immediately following the date these commencement regulations were made.
Commencement of section 16 of the 2022 Act
- -(1) For the purpose only of making regulations under the Higher Education and Research Act 2017( 2 ), the day appointed for the coming into force of section 16 of the 2022 Act (lifelong learning: amendment of the Higher Education and Research Act 2017) is the day after the day on which these Regulations are made. (2) For all other purposes, the day appointed for the coming into force of section 16 of the 2022 Act is 1st September 2026.
Section 16 is brought into force in two stages.
Sub-regulation (1) activates it immediately after the regulations are made, but only for the specific purpose of enabling the creation of new regulations under the Higher Education and Research Act 2017.
Sub-regulation (2) sets the full commencement date for all other functions of Section 16 as September 1, 2026.
( 1 ) 2022 c. 21.
( 2 ) 2017 c. 29.
These footnotes provide the official citations for the two Acts referenced in the body of the regulations: the Skills and Post-16 Education Act 2022 (c. 21) and the Higher Education and Research Act 2017 (c. 29).
| Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. | |--------------------------------------------------------------------------------------------------------------------------------------------------|
11th May 2026
Smith of Malvern Minister of State Department for Education
This note indicates the document is presented in its original format as enacted.
It confirms the date of enactment and identifies the signatory as Smith of Malvern, Minister of State in the Department for Education.
EXPLANATORY NOTE
(This note is not part of the Regulations)
These are the fourth commencement regulations made under the Skills and Post-16 Education Act 2022 (c. 21) ('the 2022 Act').
These Regulations bring sections 15 and 16 of the 2022 Act into force. Section 15 of the 2022 Act extends and applies to England and Wales, but also to Scotland and Northern Ireland (so far as sections 22 and 23 of the Teaching and Higher Education Act 1998 (c. 30) ('the 1998 Act') do in those jurisdictions). Section 16 of the 2022 Act extends and applies to England and Wales, though section 16(3) also extends and applies to Scotland and Northern Ireland.
Regulation 2 brings section 15 of the 2022 Act into force on the day after the day on which these Regulations are made. Section 15 of the 2022 Act inserts a new section 28A into the 1998 Act. This modifies section 22 of the 1998 Act, so that the powers in section 22 can expressly be exercised in relation to funding for modules of English higher and further education courses, and introduces a power to prescribe a new 'lifetime limit' in respect of financial provision made available to a student under section 22. Sections 23 and 28 of the 1998 Act are also similarly modified.
Regulation 3 brings into force section 16 of the 2022 Act, for regulation-making purposes only, on the day after the day on which these Regulations are made. For all other purposes, section 16 of the 2022 Act comes into force on 1st September 2026. Section 16 of the 2022 Act makes consequential amendments to the Higher Education and Research Act 2017 (c. 29) to facilitate the regulation of modules of English higher education courses when undertaken otherwise than as part of a full course and inserts a definition of a full course (that is, a higher education course which is not a module of another higher education course).
The Explanatory Note confirms these are the fourth commencement regulations for the 2022 Act.
It specifies that Section 15 applies across England, Wales, Scotland, and Northern Ireland concerning existing financial support legislation (the 1998 Act).
The note clarifies that Section 15 introduces powers to fund specific training modules and establish a 'lifetime limit' on student finance.
Section 16 is noted as impacting England and Wales, with specific provisions extending to Scotland and Northern Ireland.
For regulation drafting under the 2017 Act, Section 16 starts immediately, but its wider application, which amends provisions related to module-level study and defines a 'full course,' begins on September 1, 2026.
NOTE AS TO EARLIER COMMENCEMENT REGULATIONS
(This note is not part of the Regulations)
The following provisions of the Skills and Post-16 Education Act 2022 (c. 21) have been brought into force by commencement regulations made before the date of these Regulations.
| Provision | Date of Commencement | S.I. No. | |------------------|------------------------|--------------------| | Sections 6 to 13 | 30th September 2022 | 2022/965 (C. 73) | | Section 14 | 1st January 2023 | 2022/1349 (C. 107) | | Section 17 | 1st September 2025 | 2025/929 (C. 42) |
This schedule logs previous commencement orders for the 2022 Act for context.
It shows that Sections 6 to 13 started in September 2022, Section 14 in January 2023, and Section 17 started in September 2025, establishing a timeline for the staggered implementation of the overall Act.
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