Part 1 Early years provision

1 Free of charge early years provision

(1) Part 1 of the Childcare Act 2006 (functions of local authorities in England in

5relation to childcare) is amended as set out in subsections (2) and (3).

(2) For section 7 (duty to secure prescribed early years provision free of charge)

substitute—

“7 Duty to secure early years provision free of charge in accordance with

regulations

(1) 10An English local authority must secure that early years provision of

such description as may be prescribed is available free of charge, in

accordance with any regulations under this subsection, for each young

child in their area who—

(a) is under compulsory school age, and

(b) is of such description as may be prescribed.

(2) Regulations under subsection (1) may in particular include provision

about—

(a) 5how much early years provision is to be made available in

pursuance of the duty imposed by subsection (1);

(b) the times at which, and periods over which, early years

provision is to be made available in pursuance of that duty.

(3) In discharging the duty under subsection (1) a local authority must

10have regard to any guidance given from time to time by the Secretary

of State.”

(3) After section 13 insert—

“13A Supply of information: free of charge early years provision

(1) This subsection applies to information held for the purposes of

15functions relating to tax credits—

(a) by the Commissioners for Her Majesty’s Revenue and Customs,

or

(b) by a person providing services to them, in connection with the

provision of those services.

(2) 20This subsection applies to information held for the purposes of

functions relating to social security—

(a) by the Secretary of State, or

(b) by a person providing services to the Secretary of State, in

connection with the provision of those services.

(3) 25Information to which subsection (1) or (2) applies may be supplied to

the Secretary of State, or a person providing services to the Secretary of

State, for use for the purpose of determining eligibility for free of charge

early years provision.

(4) Information to which subsection (2) applies may be supplied to an

30English local authority for use for that purpose.

(5) Information received by virtue of subsection (3) may be supplied—

(a) to another person to whom it could have been supplied under

that subsection, or

(b) to an English local authority,

35for use for that purpose.

(6) The references in subsections (4) and (5)(b) to an English local authority

include references to a person exercising on behalf of an English local

authority functions relating to eligibility for free of charge early years

provision.

(7) 40For the purposes of this section and section 13B, free of charge early

years provision is early years provision which is required to be made

available in pursuance of the duty imposed by section 7.

(8) This section does not limit the circumstances in which information may

be supplied apart from this section.

13B Unauthorised disclosure of information received under section 13A

(1) A person commits an offence if the person discloses any information—

(a) which the person received by virtue of any of subsections (3) to

(5) of section 13A, and

(b) 5which relates to a particular person,

unless the information is disclosed in accordance with subsection (2).

(2) Information is disclosed in accordance with this subsection if it is

disclosed in any of the following ways—

(a) in the case of information received by virtue of section 13A(3),

10in accordance with section 13A(5);

(b) in the course of a duty that the person disclosing it has in

connection with the exercise of functions relating to eligibility

for free of charge early years provision;

(c) in accordance with an enactment or an order of a court;

(d) 15with consent given by or on behalf of the person to whom the

information relates.

(3) It is a defence for a person charged with an offence under subsection (1)

to prove that the person reasonably believed that the disclosure was

lawful.

(4) 20A person guilty of an offence under subsection (1) is liable—

(a) on conviction on indictment, to imprisonment for a term not

exceeding two years, or a fine, or both;

(b) on summary conviction, to imprisonment for a term not

exceeding 12 months, or a fine not exceeding the statutory

25maximum, or both.

(5) In relation to an offence committed before the commencement of

section 154(1) of the Criminal Justice Act 2003, the reference in

subsection (4)(b) to 12 months is to be read as a reference to 6 months.”

(4) Section 100 of the Childcare Act 2006 (provision of information about young

30children: transitory provision) is repealed.

Part 2 Discipline

2 Power of members of staff at schools to search pupils

(1) Chapter 2 of Part 10 of EA 1996 (punishment and restraint of pupils) is

35amended as set out in subsections (2) to (5).

(2) In section 550ZA (power of members of staff to search pupils for prohibited

items: England)—

(a) in subsection (3) (prohibited items), after paragraph (e) insert—

“(ea) an article that the member of staff reasonably suspects

40has been, or is likely to be, used—

(i) to commit an offence, or

(ii) to cause personal injury to, or damage to the

property of, any person (including P);”;

(b) in that subsection, after paragraph (f) insert—

“(g) any other item which the school rules identify as an item

for which a search may be made.”;

(c) after subsection (4), insert—

“(4A) 5In subsection (3)(ea)(i), “offence” includes anything that would

be an offence but for the operation of any presumption that a

person under a particular age is incapable of committing an

offence.

(4B) In subsection (3)(g), the “school rules” means—

(a) 10in the case of a maintained school or a non-maintained

special school, rules in force at the school that are made

under measures determined and publicised by the head

teacher under section 89 of the Education and

Inspections Act 2006;

(b) 15in the case of any other school, measures relating to

discipline in the school that are determined and

publicised in accordance with regulations.

(4C) In subsection (4B)(a)—

• “maintained school” means—

  (a)

  20a community, foundation or voluntary school,

  (b)

  a community or foundation special school,

  (c)

  a maintained nursery school, or

  (d)

  a pupil referral unit;

• “non-maintained special school” means a school that is
  
  25approved under section 342.”

(3) In section 550ZB (power of search under section 550ZA: supplementary)—

(a) in subsection (5), after “section 550ZA” insert “to search for an item

within section 550ZA(3)(a) to (f)”;

(b) in subsection (6)—

(i) 30in paragraph (b), after “P” insert “, unless the condition in

subsection (6A) is satisfied”;

(ii) in paragraph (c), after “staff” insert “, unless the condition in

subsection (6A) is satisfied”;

(c) after subsection (6), insert—

“(6A) 35The condition is satisfied if—

(a) the person carrying out the search reasonably believes

that there is a risk that serious harm will be caused to a

person if the search is not carried out as a matter of

urgency, and

(b) 40in the time available it is not reasonably practicable for

the search to be carried out by a person of the same sex

as P or in the presence of another member of staff (as the

case may be).”;

(d) in subsection (7), in paragraph (b), after “staff” insert “, unless the

45condition in subsection (7A) is satisfied”;

(e) after subsection (7), insert—

“(7A) The condition is satisfied if—

(a) the person carrying out the search reasonably believes

that there is a risk that serious harm will be caused to a

person if the search is not carried out as a matter of

urgency, and

(b) 5in the time available it is not reasonably practicable for

the search to be carried out in the presence of another

member of staff.”

(4) In section 550ZC (power to seize items found during search under section

550ZA)—

(a) 10in subsection (2) after “subsection (1)” insert “to seize an item within

section 550ZA(3)(a) to (f) or anything within subsection (1)(b)”;

(b) after subsection (6) insert—

“(6A) A person who seizes an item that is a prohibited item by virtue

of section 550ZA(3)(ea) (article used in commission of offence or

15to cause personal injury or damage to property) under

subsection (1) must—

(a) deliver the item to a police constable as soon as

reasonably practicable,

(b) return the item to its owner,

(c) 20retain the item, or

(d) dispose of the item.

(6B) A person who seizes an item that is a prohibited item by virtue

of section 550ZA(3)(g) (item for which search may be made

under school rules) under subsection (1) must return it to its

25owner, retain it or dispose of it.

(6C) In deciding what to do with an item under subsection (6A) or

(6B), the person who seized it must have regard to guidance

issued for the purpose of this section by the Secretary of State.

(6D) Subsections (6E) and (6F) apply to an item that—

(a) 30has been seized under subsection (1),

(b) is a prohibited item by virtue of section 550ZA(3)(ea) or

(g), and

(c) is an electronic device.

(6E) The person who seized the item may examine any data or files

35on the device, if the person thinks there is a good reason to do

so.

(6F) Following an examination under subsection (6E), if the person

has decided to return the item to its owner, retain it or dispose

of it, the person may erase any data or files from the device if the

40person thinks there is a good reason to do so.

(6G) In determining whether there is a good reason for the purposes

of subsection (6E) or (6F), the person must have regard to any

guidance issued for the purposes of this section by the Secretary

of State.”;

(c) 45in subsection (9), for “and (5)” substitute “, (5) and (6A)”.

(5) In section 550ZD (section 550ZC: supplementary)—

(a) in subsection (1), after “(5)(a)” insert “, (6A)(a)”;

(b) in subsection (2)(a), for the words from “alcohol” to “article” substitute

“an item within subsection (2A)”;

(c) after subsection (2), insert—

“(2A) The items referred to in subsection (2)(a) are—

(a) 5alcohol or its container;

(b) a controlled drug;

(c) a stolen article;

(d) an item that is a prohibited item by virtue of section

550ZA(3)(ea) or (g).

(2B) 10Subsection (3) also applies where a person—

(a) erases data or a file from an electronic device under

section 550ZC(6F); and

(b) proves that the erasure was lawful.”;

(d) in subsection (3)(a), for “or disposal” substitute “, disposal or erasure”;

(e) 15in subsection (4), after “(2)” insert “, (2B)”.

(6) In section 89 of the EIA 2006 (determination by head teacher of behaviour

policy), after subsection (4) insert—

“(4A) In relation to a school in England, rules made under subsection (4) must

identify the items for which a search may be made.”

3 20Power of members of staff at further education institutions to search students

(1) Part 3 of FHEA 1992 (miscellaneous and general) is amended as follows.

(2) In section 85AA (power of members of staff to search students for prohibited

items: England), in subsection (3) (prohibited items), after paragraph (e)

insert—

“(ea) 25an article that the member of staff reasonably suspects has been,

or is likely to be, used—

(i) to commit an offence, or

(ii) to cause personal injury to, or damage to the property of,

any person (including S);”.

(3) 30In section 85AB (power of search under section 85AA: supplementary)—

(a) in subsection (6)—

(i) in paragraph (b), after “S” insert “, unless the condition in

subsection (6A) is satisfied”;

(ii) in paragraph (c), after “staff” insert “, unless the condition in

35subsection (6A) is satisfied”;

(b) after subsection (6), insert—

“(6A) The condition is satisfied if—

(a) the person carrying out the search reasonably believes

that there is a risk that serious harm will be caused to a

40person if the search is not carried out as a matter of

urgency, and

(b) in the time available it is not reasonably practicable for

the search to be carried out by a person of the same sex

as S or in the presence of another member of staff (as the

45case may be).”;

(c) in subsection (7), in paragraph (b), after “staff” insert “, unless the

condition in subsection (7A) is satisfied”;

(d) after subsection (7), insert—

“(7A) The condition is satisfied if—

(a) 5the person carrying out the search reasonably believes

that there is a risk that serious harm will be caused to a

person if the search is not carried out as a matter of

urgency, and

(b) in the time available it is not reasonably practicable for

10the search to be carried out in the presence of another

member of staff.”

(4) In section 85AC (power to seize items found during search under section

85AA)—

(a) after subsection (6) insert—

“(6A) 15A person who seizes an item that is a prohibited item by virtue

of section 85AA(3)(ea) (article used in commission of offence or

to cause personal injury or damage to property) under

subsection (1) must—

(a) deliver the item to a police constable as soon as

20reasonably practicable,

(b) return the item to its owner,

(c) retain the item, or

(d) dispose of the item.

In deciding what to do with an item under this subsection, the

25person who seized it must have regard to guidance issued for

the purpose of this section by the Secretary of State.

(6B) Subsections (6C) and (6D) apply to an item that—

(a) has been seized under subsection (1),

(b) is a prohibited item by virtue of section 85AA(3)(ea),

30and

(c) is an electronic device.

(6C) The person who seized the item may examine any data or files

on the device, if the person thinks there is a good reason to do

so.

(6D) 35Following an examination under subsection (6C), if the person

has decided to return the item to its owner, retain it or dispose

of it, the person may erase any data or files from the device if the

person thinks there is a good reason to do so.

(6E) In determining whether there is a good reason for the purposes

40of subsection (6C) or (6D), the person must have regard to any

guidance issued for the purposes of this section by the Secretary

of State.”;

(b) in subsection (9), for “and (5)” substitute “, (5) and (6A)”.

(5) In section 85AD (section 85AC: supplementary)—

(a) 45in subsection (1), after “(5)(a)” insert “, (6A)(a)”;

(b) in subsection (2)(a), for the words from “alcohol” to “article” substitute

“an item within subsection (2A)”;

(c) after subsection (2), insert—

“(2A) The items referred to in subsection (2)(a) are—

(a) alcohol or its container;

(b) a controlled drug;

(c) 5a stolen article;

(d) an article that is a prohibited item by virtue of section

85AA(3)(ea).

(2B) Subsection (3) also applies where a person—

(a) erases data or a file from an electronic device under

10section 85AC(6D); and

(b) proves that the erasure was lawful.”;

(d) in subsection (3)(a), for “or disposal” substitute “, disposal or erasure”;

(e) in subsection (4), after “(2)” insert “, (2B)”.

4 Exclusion of pupils from schools in England: review

(1) 15Chapter 3 of Part 3 of EA 2002 (maintained schools: admissions, exclusions and

attendance) is amended as follows.

(2) Before section 52, insert—

“51A Exclusion of pupils: England

(1) The head teacher of a maintained school in England may exclude a

20pupil from the school for a fixed period or permanently.

(2) The teacher in charge of a pupil referral unit in England may exclude a

pupil from the unit for a fixed period or permanently.

(3) Regulations must make provision—

(a) requiring prescribed persons to be given prescribed

25information relating to any exclusion under subsection (1) or

(2);

(b) requiring the responsible body, in prescribed cases, to consider

whether the pupil should be reinstated;

(c) requiring the local authority to make arrangements enabling a

30prescribed person to apply to a review panel for a review, in any

prescribed case, of a decision of the responsible body not to

reinstate a pupil;

(d) about the constitution of a review panel;

(e) about the procedure to be followed on a review under

35paragraph (c).

(4) On an application by virtue of subsection (3)(c), the review panel

may—

(a) uphold the decision of the responsible body,

(b) recommend that the responsible body reconsiders the matter, or

(c) 40if it considers that the decision of the responsible body was

flawed when considered in the light of the principles applicable

on an application for judicial review, quash the decision of the

responsible body and direct the responsible body to reconsider

the matter.

(5) Regulations may provide for the panel to have supplementary powers,

and in particular may provide that the panel has the power to make a

direction about the effect on an excluded pupil of a recommendation

under subsection (4)(b) or a direction under subsection (4)(c).

(6) 5In a case where the panel gives a direction under subsection (4)(c) to the

governing body of a maintained school, the panel may, in prescribed

circumstances, order an adjustment of the school’s budget share for a

funding period.

(7) Regulations must make provision about—

(a) 10how the amount of the adjustment is to be determined;

(b) the effect of the adjustment on the budget shares of other

maintained schools for the funding period.

(8) Regulations under this section may also make provision—

(a) for the payment by the local authority of allowances to

15members of the review panel;

(b) requiring a person or body exercising functions under

subsection (1) or (2) or under the regulations to have regard to

any guidance given from time to time by the Secretary of State;

(c) requiring local authorities to give prescribed information to the

20Secretary of State;

(d) in relation to any other matter relating to the exercise of the

powers conferred by subsections (1) and (2).

(9) Regulations made by virtue of subsection (8)(a) may provide for any of

the provisions of sections 173 to 174 of the Local Government Act 1972

25(allowances to members of local authorities and other bodies) to apply

with prescribed modifications in relation to members of a review panel.

(10) In this section—

• “budget share” and “funding period” have the same meaning as in
  
  Part 2 of the School Standards and Framework Act 1998;

• 30 “exclude”, in relation to the exclusion of a pupil from a school or
  
  pupil referral unit, means exclude on disciplinary grounds (and
  
  “exclusion” is to be construed accordingly);

• “maintained school” has the same meaning as in Chapter 1;

• “the responsible body” means—

  (a)

  35in relation to exclusion from a maintained school, the
  
  governing body of the school;

  (b)

  in relation to exclusion from a pupil referral unit, such
  
  person as may be prescribed.

(11) In relation to any time when no responsible body is prescribed in

40relation to permanent exclusion from a pupil referral unit, subsection

(3) has effect in relation to such an exclusion as if—

(a) paragraph (b) were omitted, and

(b) the decision referred to in paragraph (c) were the decision of the

teacher in charge of the unit permanently to exclude the pupil.

(12) 45Regulations may make provision for this section and for regulations

made under this section to apply, with prescribed modifications, in

relation to Academies or a description of Academy.”