Counter-Terrorism and Security Act 2015 (Amendment) Bill (HC Bill 24)

1 Amendments to the Counter-Terrorism and Security Act 2015

(1) The following amendments are made to the Counter-Terrorism and Security
Act 2015 (“the 2015 Act).

(2) After subsection (1) of section 26 (General duty on specified authorities) insert
5the following―

“(1A) The duty in subsection (1) is subject to section 26A (disapplication of
general duty in relation to children in primary school, nursery school
or other pre-school educational settings).””

(3) After section 26 (General duty on specified authorities) insert the following―

“26A 10Disapplication of general duty in relation to children in primary
school, nursery school or other pre-school educational settings

The duty in section 26(1) does not apply to specified authorities
designated under Schedule 6A in respect of children in primary school,
nursery school or other pre-school educational settings.””

(4) After Schedule 6 (specified authorities) insert the following―

““Schedule 6A Specified authorities designated for purposes of disapplication

Part 1 General: England and Wales

5A person who is authorised by virtue of an order made under section
70 of the Deregulation and Contracting Out Act 1994 to exercise a
function specified in Schedule 36A to the Education Act 1996.

A person with whom arrangements have been made for the
provision of education under section 19 of the Education Act 1996 or
10section 100 of the Education and Inspections Act 2006 (cases of
illness, exclusion etc).

The proprietor of—

(a) a school that has been approved under section 342 of the
Education Act 1996,

(b) 15a maintained school within the meaning given by section
20(7) of the School Standards and Framework Act 1998,

(c) a maintained nursery school within the meaning given by
section 22(9) of that Act,

(d) an independent school registered under section 158 of the
20Education Act 2002,

(e) an independent educational institution registered under
section 95(1) of the Education and Skills Act 2008, or

(f) an alternative provision Academy within the meaning given
by section 1C of the Academies Act 2010.

25A person who is specified or nominated in a direction made in
relation to the exercise of a local authority‘s functions given by the
Secretary of State under section 497A of the Education Act 1996
(including that section as applied by section 50 of the Children Act
2004 or section 15 of the Childcare Act 2006).

30A person entered on a register kept by Her Majesty‘s Chief Inspector
of Education, Children‘s Services and Skills under Part 2 of the Care
Standards Act 2000

A person registered under Chapter 2, 2A, 3 or 3A of Part 3 of the
Childcare Act 2006 or under section 20 of the Children and Families
35(Wales) Measure 2010 (nawm 1).

A body corporate with which a local authority has entered into
arrangements under Part 1 of the Children and Young Persons Act
2008.

A person who is specified in a direction made in relation to the
40exercise of a local authority‘s functions given by the Welsh Ministers
under section 25 of the School Standards and Organisation (Wales)
Act 2013 (anaw 1) (including that section as applied by section 50A
of the Children Act 2004 or section 29 of the Childcare Act 2006).

The governing body of an educational establishment maintained by
a local authority in Wales.

Part 2 Scotland

5The proprietor or governing body of an independent school within
the meaning given by section 135(1) of the Education (Scotland) Act
1980.

The proprietor or governing body of a grant-aided school within the
meaning given by that section.””

2 10Extent, commencement and citation

(1) This Act extends to England and Wales, and Scotland.

(2) This Act comes into force on the day after it receives Royal Assent.

(3) This Act may be cited as the Counter-Terrorism and Security Act 2015
(Amendment) Act 2017.