- Latest available (Revised)
- Point in Time (30/09/2010)
- Original (As enacted)
Version Superseded: 15/01/2012
Point in time view as at 30/09/2010. This version of this part contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Apprenticeships, Skills, Children and Learning Act 2009,
Part 11
is up to date with all changes known to be in force on or before 19 August 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)After section 550A of the Education Act 1996 (c. 56) insert—
(1)This section applies where a member of staff of a school in England—
(a)has reasonable grounds for suspecting that a pupil at the school may have a prohibited item with him or her or in his or her possessions; and
(b)falls within section 550ZB(1).
(2)The member of staff may search the pupil (“P”) or P's possessions for that item.
(3)For the purposes of this section and section 550ZC each of the following is a “prohibited item”—
(a)an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc);
(b)an offensive weapon, within the meaning of the Prevention of Crime Act 1953;
(c)alcohol, within the meaning of section 191 of the Licensing Act 2003;
(d)a controlled drug, within the meaning of section 2 of the Misuse of Drugs Act 1971, which section 5(1) of that Act makes it unlawful for P to have in P's possession;
(e)a stolen article;
(f)an article of a kind specified in regulations.
(4)In subsection (3)(e) “stolen”, in relation to an article, has the same meaning as it has by virtue of section 24 of the Theft Act 1968 in the provisions of that Act relating to goods which have been stolen.
(5)In this section and section 550ZB—
“member of staff”, in relation to a school, means—
any teacher who works at the school; and
any other person who, with the authority of the head teacher, has lawful control or charge of pupils for whom education is being provided at the school;
“possessions”, in relation to P, includes any goods over which P has or appears to have control.
(6)The powers conferred by this section and sections 550ZB and 550ZC are in addition to any powers exercisable by the member of staff in question apart from those sections and are not to be construed as restricting such powers.
(1)A person may carry out a search under section 550ZA only if that person—
(a)is the head teacher of the school; or
(b)has been authorised by the head teacher 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 550ZA 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 head teacher of a school in England to require a person other than a member of the security staff of the school to carry out a search under section 550ZA.
(4)A search under section 550ZA may be carried out only where—
(a)the member of staff and P are on the premises of the school; or
(b)they are elsewhere and the member of staff has lawful control or charge of P.
(5)A person exercising the power in section 550ZA may use such force as is reasonable in the circumstances for exercising that power.
(6)A person carrying out a search of P under section 550ZA—
(a)may not require P to remove any clothing other than outer clothing;
(b)must be of the same sex as P;
(c)may carry out the search only in the presence of another member of staff; and
(d)must ensure that the other member of staff is of the same sex as P if it is reasonably practicable to do so.
(7)P's possessions may not be searched under section 550ZA except in the presence of—
(a)P; and
(b)another member of staff.
(8)In this section—
“member of the security staff”, in relation to a school, means a member of staff whose work at the school consists wholly or mainly of security-related activities;
“outer clothing” means—
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
a hat, shoes, boots, gloves or a scarf.
(1)A person carrying out a search under section 550ZA may seize any of the following found in the course of the search—
(a)anything which that person has reasonable grounds for suspecting is a prohibited item;
(b)any other thing which that person has reasonable grounds for suspecting is evidence in relation to an offence.
(2)A person exercising the power in subsection (1) may use such force as is reasonable in the circumstances for exercising that power.
(3)A person who seizes alcohol under subsection (1) may retain or dispose of the alcohol and its container.
(4)A person who seizes a controlled drug under subsection (1)—
(a)must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but
(b)may dispose of it if the person thinks that there is a good reason to do so.
(5)A person who seizes a stolen article under subsection (1)—
(a)must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but
(b)may return it to its owner (or, if returning it to its owner is not practicable, may retain it or dispose of it) if the person thinks that there is a good reason to do so.
(6)In determining, for the purposes of subsections (4) and (5), whether there is a good reason to dispose of a controlled drug or to return a stolen article to its owner, retain it or dispose of it, the person must have regard to any guidance issued by the Secretary of State.
(7)Regulations may prescribe what must or may be done by a person who, under subsection (1), seizes an article of a kind specified in regulations under section 550ZA(3)(f) (or an article which the person has reasonable grounds for suspecting to be such an article).
(8)A person who, under subsection (1), seizes—
(a)an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc);
(b)an offensive weapon; or
(c)anything which that person has reasonable grounds for suspecting is evidence in relation to an offence;
must deliver it to a police constable as soon as reasonably practicable.
(9)Subsection (8)(c) is subject to subsections (3), (4) and (5) and regulations made under subsection (7).
(10)In subsections (3) to (8), references to alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies and an offensive weapon include references to anything which the person has reasonable grounds for suspecting is alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies or an offensive weapon.
(1)The Police (Property) Act 1897 (disposal of property in the possession of the police) applies to property which has come into the possession of a police constable under section 550ZC(4)(a), (5)(a) or (8) as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.
(2)Subsection (3) applies where a person—
(a)seizes, retains or disposes of alcohol or its container, a controlled drug or a stolen article under section 550ZC; and
(b)proves that the seizure, retention or disposal was lawful.
(3)That person is not liable in any proceedings in respect of—
(a)the seizure, retention or disposal; or
(b)any damage or loss which arises in consequence of it.
(4)Subsections (2) and (3) do not prevent any person from relying on any defence on which the person is entitled to rely apart from those subsections.
(5)Regulations under section 550ZC(7) may make provision corresponding to any provision of this section.”
(2)In section 569 of the Education Act 1996 (c. 56) (regulations)—
(a)in subsection (2) after “this Act,” insert “ other than one falling within subsection (2A), ”, and
(b)after subsection (2) insert—
“(2A)A statutory instrument which contains (whether alone or with other provision) regulations under section 550ZA or 550ZC may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
(3)In section 94(3) of the Education and Inspections Act 2006 (c. 40) (provision to apply where items confiscated from pupils) before “550AA” insert “ 550ZC or ”.
Commencement Information
I1S. 242 in force at 1.9.2010 by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11) (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))
(1)Section 550AA of the Education Act 1996 (c. 56) (power of members of staff to search pupils for weapons) is amended as follows.
(2)At the end of the title insert “ : Wales ”.
(3)In each of subsections (1) and (4) after “a school” insert “ in Wales ”.
Commencement Information
I2S. 243 in force at 1.9.2010 by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11) (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))
(1)After section 85A of the Further and Higher Education Act 1992 (c. 13) insert—
(1)This section applies where a member of staff of an institution within the further education sector in England—
(a)has reasonable grounds for suspecting that a student at the institution may have a prohibited item with him or her or in his or her possessions; and
(b)falls within section 85AB(1).
(2)The member of staff may search the student (“S”) or S's possessions for that item (but this is subject to subsection (5)).
(3)For the purposes of this section and section 85AC each of the following is a “prohibited item”—
(a)an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc);
(b)an offensive weapon, within the meaning of the Prevention of Crime Act 1953;
(c)alcohol, within the meaning of section 191 of the Licensing Act 2003;
(d)a controlled drug, within the meaning of section 2 of the Misuse of Drugs Act 1971, which section 5(1) of that Act makes it unlawful for S to have in S's possession;
(e)a stolen article;
(f)an article of a kind specified in regulations.
(4)In subsection (3)(e) “stolen”, in relation to an article, has the same meaning as it has by virtue of section 24 of the Theft Act 1968 in the provisions of that Act relating to goods which have been stolen.
(5)A member of staff may not under this section search S or S's possessions for alcohol if S is aged 18 or over.
(6)In this section and section 85AB—
“member of 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;
“possessions”, in relation to S, includes any goods over which S has or appears to have control.
(7)The powers conferred by this section and sections 85AB and 85AC are in addition to any powers exercisable by the member of staff in question apart from those sections and are not to be construed as restricting such powers.
(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 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;
(c)may carry out the search only in the presence of another member of staff; 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.
(7)S's possessions may not be searched under section 85AA except in the presence of—
(a)S; and
(b)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—
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
a hat, shoes, boots, gloves or a scarf.
(1)A person carrying out a search under section 85AA may seize any of the following found in the course of the search—
(a)anything which that person has reasonable grounds for suspecting is a prohibited item;
(b)any other thing which that person has reasonable grounds for suspecting is evidence in relation to an offence,
but may not seize alcohol from S under this section where S is aged 18 or over.
(2)A person exercising the power in subsection (1) may use such force as is reasonable in the circumstances for exercising that power.
(3)A person who seizes alcohol under subsection (1) may retain or dispose of the alcohol and its container.
(4)A person who seizes a controlled drug under subsection (1)—
(a)must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but
(b)may dispose of it if the person thinks that there is a good reason to do so.
(5)A person who seizes a stolen article under subsection (1)—
(a)must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but
(b)may return it to its owner (or, if returning it to its owner is not practicable, may retain it or dispose of it) if the person thinks that there is a good reason to do so.
(6)In determining, for the purposes of subsections (4) and (5), whether there is a good reason to dispose of a controlled drug or to return a stolen article to its owner, retain it or dispose of it, the person must have regard to any guidance issued by the Secretary of State.
(7)Regulations may prescribe what must or may be done by a person who, under subsection (1), seizes an article of a kind specified in regulations under section 85AA(3)(f) (or an article which the person has reasonable grounds for suspecting to be such an article).
(8)A person who, under subsection (1), seizes—
(a)an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc);
(b)an offensive weapon; or
(c)anything which that person has reasonable grounds for suspecting is evidence in relation to an offence;
must deliver it to a police constable as soon as reasonably practicable.
(9)Subsection (8)(c) is subject to subsections (3), (4) and (5) and regulations made under subsection (7).
(10)In subsections (3) to (8), references to alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies and an offensive weapon include references to anything which a person has reasonable grounds for suspecting is alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies or an offensive weapon.
(1)The Police (Property) Act 1897 (disposal of property in the possession of the police) applies to property which has come into the possession of a police constable under section 85AC(4)(a), (5)(a) or (8) as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.
(2)Subsection (3) applies where a person—
(a)seizes, retains or disposes of alcohol or its container, a controlled drug or a stolen article under section 85AC; and
(b)proves that the seizure, retention or disposal was lawful.
(3)That person is not liable in any proceedings in respect of—
(a)the seizure, retention or disposal; or
(b)any damage or loss which arises in consequence of it.
(4)Subsections (2) and (3) do not prevent any person from relying on any defence on which the person is entitled to rely apart from those subsections.
(5)Regulations under section 85AC(7) may make provision corresponding to any provision of this section.”
(2)In section 89 of the Further and Higher Education Act 1992 (c. 13) (regulations etc)—
(a)in subsection (3) after “other than” insert “ one falling within subsection (3A) or ”, and
(b)after subsection (3) insert—
“(3A)A statutory instrument which contains (whether alone or with other provision) regulations under section 85AA or 85AC may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
Commencement Information
I3S. 244 in force at 1.9.2010 by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11) (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))
(1)Section 85B of the Further and Higher Education Act 1992 (power to search further education students for weapons) is amended as follows.
(2)At the end of the title insert “ : Wales ”.
(3)In subsection (1) after “an institution within the further education sector” insert “ in Wales ”.
Commencement Information
I4S. 245 in force at 1.9.2010 by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11) (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))
Prospective
After section 93 of the Education and Inspections Act 2006 (c. 40) (power of members of staff to use force) insert—
(1)The governing body of a school in England must ensure that a procedure is in place for—
(a)recording each significant incident in which a member of the staff uses force on a pupil for whom education is being provided at the school (a “use of force incident”); and
(b)reporting each use of force incident (except those where the pupil is aged 20 or over or provision made under subsection (5) applies) to each parent of the pupil as soon as practicable after the incident.
(2)The governing body must take all reasonable steps to ensure that the procedure is complied with.
(3)The procedure must require that a record of a use of force incident is made in writing as soon as practicable after the incident.
(4)In discharging their duty under subsection (1), the governing body must have regard to any guidance issued by the Secretary of State for the purposes of that subsection.
(5)A procedure under subsection (1) must include provision to the effect—
(a)that a person (“R”) who would otherwise be required by the procedure to report an incident to a parent must not report it to that parent if it appears to R that doing so would be likely to result in significant harm to the pupil; and
(b)that if it appears to R that there is no parent of the pupil to whom R could report the incident without that being likely to result in significant harm to the pupil, R must report the incident to the local authority F1... within whose area the pupil is ordinarily resident.
(6)In deciding for the purposes of provision made under subsection (5) whether reporting an incident to a parent would be likely to result in significant harm to the pupil, R must have regard to any guidance issued by the Secretary of State about the meaning of “significant harm” for those purposes.
(7)In this section—
“governing body”, in relation to a school which is not a maintained school, means the proprietor of the school;
“maintained school” means—
a community, foundation or voluntary school;
a community or foundation special school;
a maintained nursery school;
“parent”, in relation to a pupil, has the meaning given by section 576 of EA 1996 in relation to a child or young person, but includes a local authority which provides accommodation for the pupil under section 20 of the Children Act 1989.”
Textual Amendments
After section 85C of the Further and Higher Education Act 1992 (power of members of staff to use force) insert—
(1)The governing body of an institution within the further education sector in England must ensure that a procedure is in place for—
(a)recording each significant incident in which a member of the staff uses force on a student at the institution (a “use of force incident”); and
(b)reporting each use of force incident (except those where the student is aged 20 or over or provision made under subsection (5) applies) to each parent of the student as soon as practicable after the incident.
(2)The governing body must take all reasonable steps to ensure that the procedure is complied with.
(3)The procedure must require that a record of a use of force incident is made in writing as soon as practicable after the incident.
(4)In discharging their duty under subsection (1), the governing body must have regard to any guidance issued by the Secretary of State for the purposes of that subsection.
(5)A procedure under subsection (1) must include provision to the effect—
(a)that a person (“R”) who would otherwise be required by the procedure to report an incident to a parent must not report it to that parent if it appears to R that doing so would be likely to result in significant harm to the student; and
(b)that if it appears to R that there is no parent of the student to whom R could report the incident without that being likely to result in significant harm to the student, R must report the incident to the local authority F2... within whose area the student is ordinarily resident.
(6)In deciding for the purposes of provision made under subsection (5) whether reporting an incident to a parent would be likely to result in significant harm to the student, R must have regard to any guidance issued by the Secretary of State about the meaning of “significant harm” for those purposes.
(7)In this section, “parent”, in relation to a student, has the meaning given by section 576 of EA 1996 in relation to a child or young person, but includes a local authority which provides accommodation for the student under section 20 of the Children Act 1989.”
Textual Amendments
Prospective
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3S. 248 repealed (15.1.2012) by Education Act 2011 (c. 21), ss. 6, 82(2)(a)
(1)A school established in England and falling within section 19(2B) of the Education Act 1996 (c. 56) (pupil referral units) is to be known from the day on which this subsection comes into force as a “short stay school”.
(2)The Secretary of State may by order make amendments consequential on the change of name effected by subsection (1) to—
(a)any enactment (including this Act) passed on or before the last day of the Session in which this Act is passed;
(b)an instrument made under an Act before the passing of this Act.
(3)After paragraph 3 of Schedule 1 to the Education Act 1996 (c. 56) (short stay schools: further provision) insert—
“3ARegulations may also—
(a)require a [F4local authority] in England to obtain the consent of the Secretary of State, in specified circumstances, to the closure of a short stay school;
(b)confer a power on the Secretary of State to give directions to a [F4local authority] in England about the exercise of—
(i)their functions under section 19;
(ii)their functions under any enactment applied to short stay schools (with or without modifications) by regulations under paragraph 3;
(iii)any other function connected with short stay schools;
(c)require a [F4local authority] to comply with such directions.”
Textual Amendments
F4 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158) , Sch. 2 para. 16(2)
Commencement Information
I5S. 249(3) in force at 1.9.2010 by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11) (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: