{
  "url": "https://openlegislation.uk/education-and-inspections-act-2006/section-189",
  "json_url": "https://openlegislation.uk/education-and-inspections-act-2006/section-189.json",
  "legislation": "ukpga/2006/40",
  "legislation_title": "Education and Inspections Act 2006",
  "legislation_url": "https://openlegislation.uk/education-and-inspections-act-2006",
  "path": "section/189",
  "kind": "section",
  "number": "189",
  "heading": "The appropriate authority by whom commencement order is made",
  "text": "(1) This section has effect for determining who is the appropriate authority for the purposes of section 188(3).\n(2) In relation to the provisions specified in subsection (3), the appropriate authority is—\n(a) in relation to England, the Secretary of State, and\n(b) in relation to Wales, the Assembly.\n(3) Those provisions are—\nsection 1 (duties in relation to high standards and fulfilment of potential);\nsection 4 (duty to identify children not receiving education);\nin section 37 (staff at foundation or voluntary schools with religious character), subsections (1) and (2)(a);\nsection 38 (general duties of governing body of maintained school);\nsection 39 (general restriction on selection by ability);\nsection 40 (code for school admissions);\nsection 43 (duty of governing body to implement decisions relating to admissions);\nsection 44 (prohibition on interviews);\nsection 45 (admission arrangements for schools with religious character: consultation and objections);\nsection 47 (objections to admission arrangements);\nsection 53 (schools with pre-1998 arrangements for selection by ability or aptitude);\nsection 55 (right of sixth-form pupils to be excused from attendance at religious worship);\nsection 56 (charges for music tuition);\nsection 57 (school funding);\nChapter 1 of Part 7 (school discipline);\nsections 97, 98 and 99 (parenting contracts and parenting orders);\nsection 102 (reintegration interviews);\nsection 108 (removal of excluded pupils to designated premises);\nsection 164 (provision of information about children receiving funded education outside school);\nsection 165 (power of members of staff of further education institutions to use force);\nsection 166 (collaboration arrangements: maintained schools and further education bodies);\nsection 167 (consultation with young pupils);\nsections 169 to 171 (prohibition on participation in management of independent schools);\nsection 173 (special educational needs co-ordinators);\nSchedule 5.\n(4) In relation to the provisions specified in subsection (5), the appropriate authority is the Assembly.\n(5) Those provisions are—\nsection 156 (removal of duty to inspect performance of certain Assembly functions);\nsection 175 (miscellaneous amendments relating to Wales);\nSchedule 17;\nthe 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.\n(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.\n(7) In relation to the other provisions to which section 188(3) applies, the appropriate authority is the Secretary of State.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2006/40/section/189",
    "retrieved_at": "2026-10-29T09:13:59.347958+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}