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Education and Inspections Act 2006

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Changes over time for: Section 108

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Changes to legislation:

Education and Inspections Act 2006, Section 108 is up to date with all changes known to be in force on or before 10 March 2025. 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

108Removal of excluded pupils to designated premisesE+W
This section has no associated Explanatory Notes

(1)Section 16 of the Crime and Disorder Act 1998 (c. 37) (removal of truants to designated premises) is amended in accordance with subsections (2) to (6).

(2)In subsection (2)—

(a)for “subsection (3)” substitute “ subsections (3) and (3ZA) ”, and

(b)for “that subsection” substitute “ each of those subsections ”.

(3)After subsection (3) insert—

(3ZA)If a constable has reasonable cause to believe that a child or young person found by him in a public place in a specified area during a specified period and during school hours—

(a)is of compulsory school age,

(b)has been excluded on disciplinary grounds from a relevant school for a fixed period or permanently,

(c)remains excluded from that school,

(d)has not subsequently been admitted as a pupil to any other school, and

(e)has no reasonable justification for being in the public place,

the constable may remove the child or young person to designated premises.

(4)After subsection (3A) insert—

(3B)In subsection (3ZA), “school hours” means any time during a school session of the school referred to in paragraph (b) of that subsection or during a break between sessions of that school on the same day.

(5)In subsection (5), after the definition of “public place” insert—

relevant school” has the meaning given by section 111 of the Education and Inspections Act 2006;.

(6)In the heading, after “truants” insert “ and excluded pupils ”.

F1(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1S. 108(7) omitted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 20(b); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

Commencement Information

I1S. 108 in force at 1.9.2007 for E. by S.I. 2007/1801, art. 3(e)

I2S. 108 in force at 31.10.2010 for W. by S.I. 2010/2543, art. 2(j)

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