Apprenticeships, Skills, Children and Learning Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Apprenticeships, Skills, Children and Learning Bill

Apprenticeships, Skills, Children and Learning Bill
Part 11 — Learners
137

(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—
5
(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.
10
(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—
15
“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
20
wholly next to the skin or immediately over a garment
being worn as underwear; or
(b)
a hat, shoes, boots, gloves or a scarf.
550ZC
Power to seize items found during search under section 550ZA
(1)
A person carrying out a search under section 550ZA may seize any of
25
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.
30
(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)—
35
(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)—
40
(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.
45

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(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)
A person who, under subsection (1), seizes—
5
(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;
10

must deliver it to a police constable as soon as reasonably practicable.
(8)
Subsection (7)(c) is subject to subsections (3), (4) and (5).
(9)
In subsections (3) to (7), 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
15
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.
550ZD
Section 550ZC: supplementary
(1)
The Police (Property) Act 1897 (disposal of property in the possession
20
of the police) applies to property which has come into the possession of
a police constable under section 550ZC(4)(a), (5)(a) or (7) 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—
25
(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
30
(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.”
(2)
In section 94(3) of the Education and Inspections Act 2006 (c. 40) (provision to
35
apply where items confiscated from pupils) before “550AA” insert “550ZC or”.
236
Power of members of staff to search pupils for weapons: Wales
(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”.
40
(3)
In each of subsections (1) and (4) after “a school” insert “in Wales”.

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237
Power of members of staff to search students for prohibited items: England
After section 85A of the Further and Higher Education Act 1992 (c. 13) insert—
“85AA
Power of members of staff to search students for prohibited items:
England
(1)
This section applies where a member of staff of an institution within the
5
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).
10
(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
15
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;
20
(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.
(4)
In subsection (3)(e) “stolen”, in relation to an article, has the same
25
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—
30
“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.
35
(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.
85AB
Power of search under section 85AA: supplementary
40
(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.

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(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.
5
(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—
10
(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
15
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; and
20
(c)
may carry out the search only in the presence of another
member of staff of the same sex as S.
(7)
S’s possessions may not be searched under section 85AA except in the
presence of—
(a)
S; and
25
(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;
30
“outer clothing” means—
(a)
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
(b)
a hat, shoes, boots, gloves or a scarf.
35
85AC
Power to seize items found during search under section 85AA
(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;
40
(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
45
is reasonable in the circumstances for exercising that power.

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(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
5
(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
10
(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
15
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)
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);
20
(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.
(8)
Subsection (7)(c) is subject to subsections (3), (4) and (5).
25
(9)
In subsections (3) to (7), 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
30
Justice Act 1988 applies or an offensive weapon.
85AD
Section 85AC: supplementary
(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 (7) as it applies to
35
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
40
(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.

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(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.”
238
Power of members of staff to search students for weapons: Wales
(1)
Section 85B of the Further and Higher Education Act 1992 (c. 13) (power to
5
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”.
Recording and reporting use of force
10
239
Recording and reporting the use of force in schools: England
After section 93 of the Education and Inspections Act 2006 (c. 40) (power of
members of staff to use force) insert—
“93A
Recording and reporting the use of force by members of staff: England
(1)
The governing body of a school in England must ensure that a
15
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
20
pupil is aged 20 or over) 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
25
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)
In this section—
30
“governing body”, in relation to a school which is not a
maintained school, means the proprietor of the school;
“maintained school” means—
(a)
a community, foundation or voluntary school;
(b)
a community or foundation special school;
35
(c)
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.”
40