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Education and Inspections Act 2006

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Changes over time for: Section 165

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Point in time view as at 31/01/2017.

Changes to legislation:

Education and Inspections Act 2006, Section 165 is up to date with all changes known to be in force on or before 26 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

165Power of members of staff of further education institutions to use forceE+W

This section has no associated Explanatory Notes

After section 85B of the Further and Higher Education Act 1992 (c. 13) insert—

85CPower of members of staff to use force

(1)A member of the staff of an institution which is within the further education sector may use such force as is reasonable in the circumstances for the purpose of preventing a student at the institution from doing (or continuing to do) any of the following, namely—

(a)committing any offence,

(b)causing personal injury to, or damage to the property of, any person (including the student himself), or

(c)prejudicing the maintenance of good order and discipline at the institution or among any of its students, whether during a teaching session or otherwise.

(2)The power conferred by subsection (1) may be exercised only where—

(a)the member of the staff and the student are on the premises of the institution, or

(b)they are elsewhere and the member of the staff has lawful control or charge of the student.

(3)Subsection (1) does not authorise anything to be done in relation to a student which constitutes the giving of corporal punishment within the meaning of section 548 of the Education Act 1996.

(4)The powers conferred by subsection (1) are in addition to any powers exercisable apart from this section and are not to be construed as restricting what may lawfully be done apart from this section.

(5)In this section, “member of the staff”, in relation to an institution within the further education sector, means any person who works at that institution whether or not as its employee.

Commencement Information

I1S. 165 in force at 1.4.2007 for E. by S.I. 2007/935, art. 4(b)

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