Part 10

General

The appropriate authority by whom commencement order is made
189
1
This section has effect for determining who is the appropriate authority for the purposes of section 188(3).
2
In relation to the provisions specified in subsection (3), the appropriate authority is—
a
in relation to England, the Secretary of State, and
b
in relation to Wales, the Assembly.
3
Those provisions are—
- section 1 (duties in relation to high standards and fulfilment of potential);
- section 4 (duty to identify children not receiving education);
- in section 37 (staff at foundation or voluntary schools with religious character), subsections (1) and (2)(a);
- section 38 (general duties of governing body of maintained school);
- section 39 (general restriction on selection by ability);
- section 40 (code for school admissions);
- section 43 (duty of governing body to implement decisions relating to admissions);
- section 44 (prohibition on interviews);
- section 45 (admission arrangements for schools with religious character: consultation and objections);
- section 47 (objections to admission arrangements);
- section 53 (schools with pre-1998 arrangements for selection by ability or aptitude);
- section 55 (right of sixth-form pupils to be excused from attendance at religious worship);
- section 56 (charges for music tuition);
- section 57 (school funding);
- Chapter 1 of Part 7 (school discipline);
- sections 97, 98 and 99 (parenting contracts and parenting orders);
- section 102 (reintegration interviews);
- section 108 (removal of excluded pupils to designated premises);
- section 164 (provision of information about children receiving funded education outside school);
- section 165 (power of members of staff of further education institutions to use force);
- section 166 (collaboration arrangements: maintained schools and further education bodies);
- section 167 (consultation with young pupils);
- sections 169 to 171 (prohibition on participation in management of independent schools);
- section 173 (special educational needs co-ordinators);
- Schedule 5.
4
In relation to the provisions specified in subsection (5), the appropriate authority is the Assembly.
5
Those provisions are—
- section 156 (removal of duty to inspect performance of certain Assembly functions);
- section 175 (miscellaneous amendments relating to Wales);
- Schedule 17;
- the repeal in Part 5 of Schedule 18 of section 38 of the Children Act 2004 (c. 31), and section 184 so far as relating to that repeal.
6
In relation to a repeal contained in Part 6 of Schedule 18, and section 184 so far as relating to such a repeal, the appropriate authority is the appropriate authority for the purposes of section 188(3) in relation to the provision on which the repeal is consequential.
7
In relation to the other provisions to which section 188(3) applies, the appropriate authority is the Secretary of State.