Part III Miscellaneous and general
85ABF1Power of search under section 85AA: supplementary
1
A person may carry out a search under section 85AA only if that person—
a
is the principal of the institution; or
b
has been authorised by the principal to carry out the search.
2
An authorisation for the purposes of subsection (1)(b) may be given in relation to—
a
searches under section 85AA generally;
b
a particular search under that section;
c
a particular description of searches under that section.
3
Nothing in any enactment, instrument or agreement shall be construed as authorising a principal of an institution within the further education sector in England F7, or a principal of a 16 to 19 Academy, to require a person other than a member of the security staff of the institution to carry out a search under section 85AA.
4
A search under section 85AA may be carried out only where—
a
the member of staff and S are on the premises of the institution; or
b
they are elsewhere and the member of staff has lawful control or charge of S.
5
A person exercising the power in section 85AA may use such force as is reasonable in the circumstances for exercising that power.
6
A person carrying out a search of S under section 85AA—
a
may not require S to remove any clothing other than outer clothing;
b
must be of the same sex as S F4, unless the condition in subsection (6A) is satisfied ;
c
may carry out the search only in the presence of another member of staff F5, unless the condition in subsection (6A) is satisfied ; and
d
must ensure that the other member of staff is of the same sex as S if it is reasonably practicable to do so.
F26A
The condition is satisfied if—
a
the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency, and
b
in the time available it is not reasonably practicable for the search to be carried out by a person of the same sex as S or in the presence of another member of staff (as the case may be).
7
S's possessions may not be searched under section 85AA except in the presence of—
a
S; and
b
another member of staff F6, unless the condition in subsection (7A) is satisfied .
F37A
The condition is satisfied if—
a
the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency, and
b
in the time available it is not reasonably practicable for the search to be carried out in the presence of another member of staff.
8
In this section—
“member of the security staff”, in relation to an institution, means a member of staff whose work at the institution consists wholly or mainly of security-related activities;
“outer clothing” means—
- a
any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; or
- b
a hat, shoes, boots, gloves or a scarf.
- a