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Further and Higher Education Act 1992

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Changes over time for: Section 85A

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Changes to legislation:

Further and Higher Education Act 1992, Section 85A is up to date with all changes known to be in force on or before 14 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F185A Nuisance or disturbance on educational premisesU.K.

(1)Any person who without lawful authority is present on premises to which this section applies and causes or permits nuisance or disturbance to the annoyance of persons who lawfully use those premises (whether or not any such persons are present at the time) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(2)This section applies to premises, including playing fields and other premises for outdoor recreation, of—

(a)any institution (other than a school) which is maintained by a [F2local authority] and provides further education or higher education (or both), F3...

(b)any institution within the further education sector[F4, and

(c)any 16 to 19 Academy.]

(3)If—

(a)a police constable, or

(b)a person whom the appropriate authority have authorised to exercise the power conferred by this subsection,

has reasonable cause to suspect that any person is committing or has committed an offence under this section, he may remove him from the premises in question.

(4)In subsection (3) “the appropriate authority” means—

(a)in relation to premises of an institution such as is mentioned in subsection (2)(a), a [F2local authority], F5...

(b)in relation to premises of an institution within the further education sector, the governing body[F6, and

(c)in relation to premises of a 16 to 19 Academy, the proprietor.]

(5)No proceedings under this section shall be brought by any person other than—

(a)a police constable, or

(b)an authorised person.

(6)In subsection (5) “authorised person” means—

(a)in relation to an offence committed on premises of an institution such as is mentioned in subsection (2)(a), a [F2local authority], F7...

(b)in relation to an offence committed on premises of an institution within the further education sector, a person whom the governing body have authorised to bring such proceedings][F8, and

(c)in relation to an offence committed on premises of a 16 to 19 Academy, a person whom the proprietor has authorised to bring such proceedings.]

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