- Latest available (Revised)
- Point in Time (05/07/1994)
- Original (As enacted)
Local Government (Miscellaneous Provisions) Act 1982
You are here:
- UK Public General Acts
- 1982 c. 30
- Part XII
- Section 40
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: Section 40
Version Superseded: 01/11/1996
Alternative versions:
- 01/02/1991- Amendment
- 05/07/1994
Point in time - 01/11/1996- Amendment
- 01/10/2002- Amendment
- 01/09/2003- Amendment
Status:
Point in time view as at 05/07/1994. This version of this provision has been superseded.
Status
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Changes to legislation:
There are currently no known outstanding effects for the Local Government (Miscellaneous Provisions) Act 1982, Section 40.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
40 Nuisance and disturbance on educational premises.E+W
(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) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F1level 2 on the standard scale].
(2)This section applies to premises, including playgrounds, playing fields and other premises for outdoor recreation—
(a)of a school maintained by a local education authority; or
[F2(aa)of a grant-maintained school; or]
[F3(b)of an institution which is maintained by a local education authority and provides higher education or further education (or both);]
(3)If—
(a)a police constable; or
(b)subject to subsection (5) below, a person whom a local education 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.
(4)The power conferred by subsection (3) above may also be exercised, in relation to premises of an aided [F4special agreement or grant-maintained school, by a person whom the governing body of the school] have authorised to exercise it.
(5)A local education authority may not authorise a person to exercise the power conferred by subsection (3) above in relation to premises of a voluntary [F5or grant-maintained school without first obtaining the consent of the governing body of the school].
(6)Except as provided by subsection (7) below, no proceedings under this section shall be brought by any person other than—
(a)a police constable; or
(b)subject to subsection (8) below, a local education authority.
(7)Proceedings under this section for an offence committed on premises of an aided [F6special agreement or grant-maintained school may be brought by a person whom the governing body of the school] have authorised to bring such proceedings.
(8)A local education authority may not bring proceedings under this section for an offence committed on premises of a voluntary [F7or grant-maintained school without first obtaining the consent of the governing body of the school].
(9)Expressions used in this section and in the M1Education Act 1944 have the meanings assigned to them by that Act.
(10)This section shall come into force on the expiry of the period of two months beginning with the date on which this Act is passed.
Textual Amendments
F1Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
F2S. 40(2)(aa) inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231 (7), 235(6), 237(1), Sch. 12 Pt. I para. 29(1)(2)
F3S. 40(2)(b) substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 Pt. III para. 90
F4Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 Pt. I para. 29(3)
F5Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1) Sch. 12 Pt. I para. 29(4)
F6Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 Pt. I para. 29(5)
F7Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 Pt. I para. 29(6)
Modifications etc. (not altering text)
C1S. 40 applied (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt. I
S. 40 applied (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt. I
Marginal Citations
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.