Part 7Discipline, behaviour and exclusion

Chapter 2Parental responsibilities and excluded pupils

Excluded pupils

I1I2108Removal of excluded pupils to designated premises

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 ”.

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