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Education and Inspections Act 2006
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Education and Inspections Act 2006, Section 165 is up to date with all changes known to be in force on or before 19 November 2024. 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.
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Changes and effects yet to be applied to Section 165:
- specified provision(s) amendment to earlier commencing SI 2006/2990 art. 4 by S.I. 2008/54 art. 2
- specified provision(s) amendment to earlier commencing SI 2007/935 art. 7(n) by S.I. 2007/1271 art. 4
- specified provision(s) transitional provisions for earlier commencing SI 2007/935 by S.I. 2007/1271 art. 5
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 11A inserted by 2010 c. 26 s. 7
- s. 88(A1) inserted by 2015 c. 20 Sch. 16 para. 1(2)
- s. 93A inserted by 2009 c. 22 s. 246
- s. 93A(7) words inserted by S.I. 2016/413 reg. 235 (This amendment comes into force on the day that section 93A of the Education and Inspections Act 2006 (c. 40)comes into force. That provision is still prospective)
- s. 162(5A)(aa) inserted by 2010 nawm 1 Sch. 1 para. 20(a)
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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