Apprenticeships, Skills, Children and Learning Bill

House of Commons

Session 2008 - 09
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Apprenticeships, Skills, Children and Learning Bill

Apprenticeships, Skills, Children and Learning Bill
Part 10 — Schools
Chapter 4 — School Support Staff Pay and Conditions: England
128

224
Orders: supplementary
(1)
An order under this Chapter may make provision that has retrospective effect,
subject to subsection (2).
(2)
An order under this Chapter may not make provision the effect of which is to—
(a)
reduce remuneration in respect of a period wholly or partly before the
5
date on which the order is made, or
(b)
alter a condition of a person’s employment to the person’s detriment in
respect of such a period.
(3)
An order under section 220(2)(d) or 221(2)(b) or (4)(b) may make provision by
reference to the exercise of a power under—
10
(a)
section 35 of the Education Act 2002 (c. 32) (staffing of community
schools, etc.), or
(b)
section 36 of that Act (staffing of foundation schools, etc.).
(4)
An order under this Chapter may make provision by reference to—
(a)
an agreement submitted to the Secretary of State by the SSSNB, or
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(b)
any other document.
(5)
If an order under this Chapter does so, it must include provision about the
publication of the agreement or other document.
(6)
A reference in subsection (3) to an order under section 220(2)(d) or 221(2)(b) or
(4)(b), and a reference in section 223(4) to (6) to such an order, or a provision of
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such an order, includes a reference to a provision of a document referred to by
such an order.
(7)
In Schedule 2 to the Education Act 2002 (effect on staffing of suspension of
delegated budget), after paragraph 10 insert—
“11
Paragraph 8 has effect subject to—
25
(a)
any provision made by an order under section 217(2)(a) or
220(2)(a) of the Apprenticeships, Skills, Children and
Learning Act 2009;
(b)
any provision made by an order under section 220(2)(d) or
221(2)(b) or (4)(b) of that Act, where the order provides that
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it is to have effect for determining the conditions of
employment of persons to whom it applies.”
Guidance
225
Guidance
(1)
The SSSNB may, with the approval of the Secretary of State, issue guidance
35
relating to—
(a)
an agreement to which an order under section 218(2)(a) or 220(2)(c)
requires persons to have regard;
(b)
an agreement that has been ratified by an order under this Chapter.
(2)
The Secretary of State may issue guidance relating to an order made under
40
section 220(2)(d) or 221(2)(b) or (4)(b).
(3)
In exercising functions in respect of school support staff, each of the following
is to have regard to guidance issued under this section—

Apprenticeships, Skills, Children and Learning Bill
Part 10 — Schools
Chapter 4 — School Support Staff Pay and Conditions: England
129

(a)
a local education authority in England;
(b)
the governing body of a school maintained by a local education
authority in England.
General
226
Non-statutory School Support Staff Negotiating Body
5
(1)
This section applies for the purposes of this Chapter.
(2)
The establishment of the non-statutory School Support Staff Negotiating Body
is to be treated as the establishment of the SSSNB.
(3)
Arrangements made for the constitution of the non-statutory School Support
Staff Negotiating Body are to be treated as if they were arrangements made
10
under paragraph 1(1) of Schedule 15.
(4)
Consultation carried out before arrangements are made for the constitution of
the non-statutory School Support Staff Negotiating Body is to be treated as
carried out under paragraph 1(2) of Schedule 15.
(5)
A matter within the SSSNB’s remit that has been referred to the non-statutory
15
School Support Staff Negotiating Body by the Secretary of State is to be treated
as if it had been referred by the Secretary of State to the SSSNB under section
214.
(6)
For the purposes of this section the “non-statutory School Support Staff
Negotiating Body” is the body of persons—
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(a)
established by the Secretary of State before the date on which this
Chapter comes into force, and
(b)
known as the School Support Staff Negotiating Body.
227
“School support staff”
(1)
This section has effect for the purposes of this Chapter.
25
(2)
“School support staff” are persons within subsection (3).
(3)
A person is within this subsection if the person—
(a)
is employed by a local education authority in England or the governing
body of a school maintained by a local education authority in England,
under a contract of employment providing for the person to work
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wholly at a school or schools maintained by a local education authority
in England;
(b)
is not a school teacher, or a person of a prescribed description.
(4)
In this section, “school teacher” means a person who is a school teacher for the
purposes of section 122 of the Education Act 2002 (c. 32).
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228
General interpretation
For the purposes of this Chapter—
“contract of employment” has the meaning given by section 230(2) of the
Employment Rights Act 1996 (c. 18);
“school maintained by a local education authority” means—
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Apprenticeships, Skills, Children and Learning Bill
Part 11 — Learners
130

(a)
a community, foundation or voluntary school;
(b)
a community or foundation special school;
(c)
a maintained nursery school;
(d)
a short stay school.
Part 11
5
Learners
Power to search for prohibited items
229
Power of members of staff to search pupils for prohibited items: England
(1)
After section 550A of the Education Act 1996 (c. 56) insert—
“Powers to search pupils
10
550ZA
Power of members of staff to search pupils for prohibited items:
England
(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
15
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
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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;
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(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;
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(e)
a stolen article.
(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—
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“member of staff”, in relation to a school, means—
(a)
any teacher who works at the school; and
(b)
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;
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“possessions”, in relation to P, includes any goods over which P
has or appears to have control.

Apprenticeships, Skills, Children and Learning Bill
Part 11 — Learners
131

(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.
550ZB
Power of search under section 550ZA: supplementary
5
(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
10
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
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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
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(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—
25
(a)
may not require P to remove any clothing other than outer
clothing;
(b)
must be of the same sex as P; and
(c)
may carry out the search only in the presence of another
member of staff of the same sex as P.
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(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—
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“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—
(a)
any item of clothing that is being worn otherwise than
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wholly next to the skin or immediately over a garment
being worn as underwear; or
(b)
a hat, shoes, boots, gloves or a scarf.