Modifications etc. (not altering text)
C1Pt. I: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1
C2Pt. III: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1
(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].
[F2(2)This section applies to premises, including playing fields and other premises for outdoor recreation, of an institution (other than a school) which—
(a)is maintained by a local education authority; and
(b)provides further education or higher education (or both).
(3)If—
(a)a police constable; or
(b)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 in question.
(4)No proceedings under this section shall be brought by any person other than—
(a)a police constable; or
(b)a local education authority.
(5)Expressions used in this section and in the Education Act 1996 have the same meaning as in that Act.]
Textual Amendments
F1Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
F2S. 40(2)-(5) substituted for s. 40(2)-(10) (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 55 (with ss. 1(4), 561, 562, Sch. 39)
Modifications etc. (not altering text)
C3S. 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