Education Act 2005 (c. 18)

Part 5 E+W General

126 The appropriate authority by whom commencement order is made E+W

(1) This section has effect for determining who is the appropriate authority for the purposes of section 125(4).

(2) In relation to Part 1, the appropriate authority is—

(a) the Secretary of State, for the following provisions—

• Chapters 1 and 2 (including Schedule 1);

• sections 48 and 49;

• paragraphs 1 to 4 of Schedule 7 (and section 53 so far as relating to those paragraphs);

• paragraphs 1 to 5, 23 and 26 of Schedule 9 (and section 61 so far as relating to those paragraphs),

(b) the Assembly, for the following provisions—

• Chapters 3 and 4 (including Schedules 2 to 4);

• section 50 (including Schedule 6);

• section 52;

• sections 55 to 57;

• paragraph 5 of Schedule 7 (and section 53 so far as relating to that paragraph);

• paragraphs 6, 7, 22, 24, 25 and 27 of Schedule 9 (and section 61 so far as relating to those paragraphs), and

(c) for the other provisions of the Part—

(i) in relation to England, the Secretary of State, and

(ii) in relation to Wales, the Assembly.

(3) In relation to Part 2, the appropriate authority is—

(a) for sections 70 and 71 and paragraph 9 of Schedule 12 (and section 72 so far as relating to that paragraph)—

(i) in relation to England, the Secretary of State, and

(ii) in relation to Wales, the Assembly, and

(b) for the other provisions of the Part, the Secretary of State.

(4) In relation to Part 4, the appropriate authority is—

(a) the Secretary of State, for the following provisions—

• sections 103 and 104;

• paragraph 8 of Schedule 16 (and section 101 so far as relating to that paragraph);

paragraphs 2 to 4 of Schedule 18 (and section 117 so far as relating to those paragraphs), and

(b) for the other provisions of the Part—

(i) in relation to England, the Secretary of State, and

(ii) in relation to Wales, the Assembly.

(5) In relation to section 123 and Schedule 19, the appropriate authority is—

(a) the Secretary of State, for a repeal contained in Part 2 of the Schedule, and

(b) for a repeal contained in Part 1 or 4 of the Schedule, the appropriate authority for the purposes of section 125(4) in relation to the provision on which the repeal is consequential.