Education Act 2002

1 (1) Section 547 of the Education Act 1996 (c. 56) (nuisance or disturbance on premises of a school maintained by a local education authority) is amended in accordance with sub-paragraphs (2) to (6).

(2) In subsection (2), after paragraph (a) there is inserted—

“(aa) any special school not so maintained, and

(ab) any independent school.”

(3) After that subsection there is inserted—

“(2A) This section also applies to any premises which are—

(a) provided by a local education authority under section 508, and

(b) used wholly or mainly in connection with the provision of instruction or leadership in sporting, recreational or outdoor activities.”

(4) In subsection (3)(b) for “a local education authority have” there is substituted “the appropriate authority has”.

(5) For subsection (4) there is substituted—

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

(a) in relation to premises of a foundation, voluntary aided or foundation special school, a local education authority or the governing body,

(b) in relation to—

(i) premises of any other school maintained by a local education authority, and

(ii) premises provided by a local education authority as mentioned in subsection (2A),

a local education authority, and

(c) in relation to premises of a special school which is not so maintained or of an independent school, the proprietor of the school.”

(6) For subsections (6) and (7) there is substituted—

“(6) No proceedings for an offence under this section shall be brought by any person other than—

(a) a police constable, or

(b) an authorised person.

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

(a) in relation to an offence committed on premises of a foundation, voluntary aided or foundation special school, a local education authority or a person whom the governing body have authorised to bring such proceedings,

(b) in relation to an offence committed—

(i) on premises of any other school maintained by a local education authority, or

(ii) on premises provided by a local education authority as mentioned in subsection (2A),

a local education authority, and

(c) in relation to an offence committed on premises of a special school which is not so maintained or of an independent school, a person whom the proprietor of the school has authorised to bring such proceedings.”