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Make provision about education, childcare, apprenticeships and training; to |
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make provision about schools and the school workforce, institutions within |
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the further education sector and Academies; to abolish the General Teaching |
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Council for England, the Training and Development Agency for Schools, the |
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School Support Staff Negotiating Body, the Qualifications and Curriculum |
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Development Agency and the Young People’s Learning Agency for England; |
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to make provision about the Office of Qualifications and Examinations |
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Regulation and the Chief Executive of Skills Funding; to make provision about |
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student loans and fees; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Free of charge early years provision |
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(1) | Part 1 of the Childcare Act 2006 (functions of local authorities in England in |
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relation to childcare) is amended as set out in subsections (2) and (3). |
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(2) | For section 7 (duty to secure prescribed early years provision free of charge) |
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“7 | Duty to secure early years provision free of charge in accordance with |
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(1) | An English local authority must secure that early years provision of |
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such description as may be prescribed is available free of charge, in |
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accordance with any regulations under this subsection, for each young |
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(a) | is under compulsory school age, and |
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(b) | is of such description as may be prescribed. |
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(2) | Regulations under subsection (1) may in particular include provision |
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(a) | how much early years provision is to be made available in |
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pursuance of the duty imposed by subsection (1); |
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(b) | the times at which, and periods over which, early years |
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provision is to be made available in pursuance of that duty. |
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(3) | In discharging the duty under subsection (1) a local authority must |
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have regard to any guidance given from time to time by the Secretary |
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(3) | After section 13 insert— |
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“13A | Supply of information: free of charge early years provision |
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(1) | This subsection applies to information held for the purposes of |
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functions relating to tax credits— |
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(a) | by the Commissioners for Her Majesty’s Revenue and Customs, |
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(b) | by a person providing services to them, in connection with the |
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provision of those services. |
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(2) | This subsection applies to information held for the purposes of |
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functions relating to social security— |
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(a) | by the Secretary of State, or |
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(b) | by a person providing services to the Secretary of State, in |
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connection with the provision of those services. |
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(3) | Information to which subsection (1) or (2) applies may be supplied to |
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the Secretary of State, or a person providing services to the Secretary of |
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State, for use for the purpose of determining eligibility for free of charge |
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(4) | Information to which subsection (2) applies may be supplied to an |
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English local authority for use for that purpose. |
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(5) | Information received by virtue of subsection (3) may be supplied— |
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(a) | to another person to whom it could have been supplied under |
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(b) | to an English local authority, |
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| for use for that purpose. |
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(6) | The references in subsections (4) and (5)(b) to an English local authority |
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include references to a person exercising on behalf of an English local |
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authority functions relating to eligibility for free of charge early years |
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(7) | For the purposes of this section and section 13B, free of charge early |
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years provision is early years provision which is required to be made |
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available in pursuance of the duty imposed by section 7. |
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(8) | This section does not limit the circumstances in which information may |
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be supplied apart from this section. |
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13B | Unauthorised disclosure of information received under section 13A |
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(1) | A person commits an offence if the person discloses any information— |
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(a) | which the person received by virtue of any of subsections (3) to |
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(b) | which relates to a particular person, |
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| unless the information is disclosed in accordance with subsection (2). |
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(2) | Information is disclosed in accordance with this subsection if it is |
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disclosed in any of the following ways— |
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(a) | in the case of information received by virtue of section 13A(3), |
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in accordance with section 13A(5); |
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(b) | in the course of a duty that the person disclosing it has in |
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connection with the exercise of functions relating to eligibility |
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for free of charge early years provision; |
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(c) | in accordance with an enactment or an order of a court; |
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(d) | with consent given by or on behalf of the person to whom the |
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(3) | It is a defence for a person charged with an offence under subsection (1) |
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to prove that the person reasonably believed that the disclosure was |
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(4) | A person guilty of an offence under subsection (1) is liable— |
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(a) | on conviction on indictment, to imprisonment for a term not |
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exceeding two years, or a fine, or both; |
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(b) | on summary conviction, to imprisonment for a term not |
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exceeding 12 months, or a fine not exceeding the statutory |
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(5) | In relation to an offence committed before the commencement of |
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section 154(1) of the Criminal Justice Act 2003, the reference in |
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subsection (4)(b) to 12 months is to be read as a reference to 6 months.” |
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(4) | Section 100 of the Childcare Act 2006 (provision of information about young |
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children: transitory provision) is repealed. |
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2 | Power of members of staff at schools to search pupils |
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(1) | Chapter 2 of Part 10 of EA 1996 (punishment and restraint of pupils) is |
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amended as set out in subsections (2) to (5). |
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(2) | In section 550ZA (power of members of staff to search pupils for prohibited |
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(a) | in subsection (3) (prohibited items), after paragraph (e) insert— |
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“(ea) | an article that the member of staff reasonably suspects |
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has been, or is likely to be, used— |
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(i) | to commit an offence, or |
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(ii) | to cause personal injury to, or damage to the |
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property of, any person (including P);”; |
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(b) | in that subsection, after paragraph (f) insert— |
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“(g) | any other item which the school rules identify as an item |
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for which a search may be made.”; |
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(c) | after subsection (4), insert— |
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“(4A) | In subsection (3)(ea)(i), “offence” includes anything that would |
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be an offence but for the operation of any presumption that a |
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person under a particular age is incapable of committing an |
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(4B) | In subsection (3)(g), the “school rules” means— |
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(a) | in the case of a maintained school or a non-maintained |
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special school, rules in force at the school that are made |
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under measures determined and publicised by the head |
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teacher under section 89 of the Education and |
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(b) | in the case of any other school, measures relating to |
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discipline in the school that are determined and |
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publicised in accordance with regulations. |
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(4C) | In subsection (4B)(a)— |
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“maintained school” means— |
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(a) | a community, foundation or voluntary school, |
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(b) | a community or foundation special school, |
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(c) | a maintained nursery school, or |
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(d) | a pupil referral unit; |
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“non-maintained special school” means a school that is |
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approved under section 342.” |
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(3) | In section 550ZB (power of search under section 550ZA: supplementary)— |
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(a) | in subsection (5), after “section 550ZA” insert “to search for an item |
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within section 550ZA(3)(a) to (f)”; |
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(i) | in paragraph (b), after “P” insert “, unless the condition in |
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subsection (6A) is satisfied”; |
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(ii) | in paragraph (c), after “staff” insert “, unless the condition in |
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subsection (6A) is satisfied”; |
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(c) | after subsection (6), insert— |
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“(6A) | The condition is satisfied if— |
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(a) | the person carrying out the search reasonably believes |
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that there is a risk that serious harm will be caused to a |
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person if the search is not carried out as a matter of |
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(b) | in the time available it is not reasonably practicable for |
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the search to be carried out by a person of the same sex |
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as P or in the presence of another member of staff (as the |
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(d) | in subsection (7), in paragraph (b), after “staff” insert “, unless the |
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condition in subsection (7A) is satisfied”; |
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(e) | after subsection (7), insert— |
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“(7A) | The condition is satisfied if— |
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(a) | the person carrying out the search reasonably believes |
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that there is a risk that serious harm will be caused to a |
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person if the search is not carried out as a matter of |
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(b) | in the time available it is not reasonably practicable for |
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the search to be carried out in the presence of another |
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(4) | In section 550ZC (power to seize items found during search under section |
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(a) | in subsection (2) after “subsection (1)” insert “to seize an item within |
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section 550ZA(3)(a) to (f) or anything within subsection (1)(b)”; |
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(b) | after subsection (6) insert— |
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“(6A) | A person who seizes an item that is a prohibited item by virtue |
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of section 550ZA(3)(ea) (article used in commission of offence or |
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to cause personal injury or damage to property) under |
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(a) | deliver the item to a police constable as soon as |
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(b) | return the item to its owner, |
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(6B) | A person who seizes an item that is a prohibited item by virtue |
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of section 550ZA(3)(g) (item for which search may be made |
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under school rules) under subsection (1) must return it to its |
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owner, retain it or dispose of it. |
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(6C) | In deciding what to do with an item under subsection (6A) or |
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(6B), the person who seized it must have regard to guidance |
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issued for the purpose of this section by the Secretary of State. |
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(6D) | Subsections (6E) and (6F) apply to an item that— |
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(a) | has been seized under subsection (1), |
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(b) | is a prohibited item by virtue of section 550ZA(3)(ea) or |
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(c) | is an electronic device. |
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(6E) | The person who seized the item may examine any data or files |
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on the device, if the person thinks there is a good reason to do |
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(6F) | Following an examination under subsection (6E), if the person |
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has decided to return the item to its owner, retain it or dispose |
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of it, the person may erase any data or files from the device if the |
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person thinks there is a good reason to do so. |
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(6G) | In determining whether there is a good reason for the purposes |
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of subsection (6E) or (6F), the person must have regard to any |
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guidance issued for the purposes of this section by the Secretary |
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(c) | in subsection (9), for “and (5)” substitute “, (5) and (6A)”. |
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(5) | In section 550ZD (section 550ZC: supplementary)— |
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(a) | in subsection (1), after “(5)(a)” insert “, (6A)(a)”; |
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(b) | in subsection (2)(a), for the words from “alcohol” to “article” substitute |
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“an item within subsection (2A)”; |
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(c) | after subsection (2), insert— |
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“(2A) | The items referred to in subsection (2)(a) are— |
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(a) | alcohol or its container; |
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(d) | an item that is a prohibited item by virtue of section |
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(2B) | Subsection (3) also applies where a person— |
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(a) | erases data or a file from an electronic device under |
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(b) | proves that the erasure was lawful.”; |
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(d) | in subsection (3)(a), for “or disposal” substitute “, disposal or erasure”; |
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(e) | in subsection (4), after “(2)” insert “, (2B)”. |
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(6) | In section 89 of the Education and Inspections Act 2006 (determination by head |
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teacher of behaviour policy), after subsection (4) insert— |
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“(4A) | In relation to a school in England, rules made under subsection (4) must |
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identify the items for which a search may be made.” |
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3 | Power of members of staff at further education institutions to search students |
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(1) | Part 3 of FHEA 1992 (miscellaneous and general) is amended as follows. |
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(2) | In section 85AA (power of members of staff to search students for prohibited |
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items: England), in subsection (3) (prohibited items), after paragraph (e) |
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“(ea) | an article that the member of staff reasonably suspects has been, |
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or is likely to be, used— |
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(i) | to commit an offence, or |
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(ii) | to cause personal injury to, or damage to the property of, |
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any person (including S);”. |
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(3) | In section 85AB (power of search under section 85AA: supplementary)— |
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(i) | in paragraph (b), after “S” insert “, unless the condition in |
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subsection (6A) is satisfied”; |
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(ii) | in paragraph (c), after “staff” insert “, unless the condition in |
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subsection (6A) is satisfied”; |
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(b) | after subsection (6), insert— |
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“(6A) | The condition is satisfied if— |
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(a) | the person carrying out the search reasonably believes |
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that there is a risk that serious harm will be caused to a |
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person if the search is not carried out as a matter of |
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(b) | in the time available it is not reasonably practicable for |
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the search to be carried out by a person of the same sex |
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as S or in the presence of another member of staff (as the |
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(c) | in subsection (7), in paragraph (b), after “staff” insert “, unless the |
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condition in subsection (7A) is satisfied”; |
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(d) | after subsection (7), insert— |
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“(7A) | The condition is satisfied if— |
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(a) | the person carrying out the search reasonably believes |
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that there is a risk that serious harm will be caused to a |
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person if the search is not carried out as a matter of |
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(b) | in the time available it is not reasonably practicable for |
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the search to be carried out in the presence of another |
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(4) | In section 85AC (power to seize items found during search under section |
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(a) | after subsection (6) insert— |
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“(6A) | A person who seizes an item that is a prohibited item by virtue |
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of section 85AA(3)(ea) (article used in commission of offence or |
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to cause personal injury or damage to property) under |
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(a) | deliver the item to a police constable as soon as |
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(b) | return the item to its owner, |
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| In deciding what to do with an item under this subsection, the |
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person who seized it must have regard to guidance issued for |
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the purpose of this section by the Secretary of State. |
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(6B) | Subsections (6C) and (6D) apply to an item that— |
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(a) | has been seized under subsection (1), |
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(b) | is a prohibited item by virtue of section 85AA(3)(ea), |
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(c) | is an electronic device. |
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(6C) | The person who seized the item may examine any data or files |
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on the device, if the person thinks there is a good reason to do |
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(6D) | Following an examination under subsection (6C), if the person |
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has decided to return the item to its owner, retain it or dispose |
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of it, the person may erase any data or files from the device if the |
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person thinks there is a good reason to do so. |
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(6E) | In determining whether there is a good reason for the purposes |
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of subsection (6C) or (6D), the person must have regard to any |
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guidance issued for the purposes of this section by the Secretary |
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(b) | in subsection (9), for “and (5)” substitute “, (5) and (6A)”. |
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(5) | In section 85AD (section 85AC: supplementary)— |
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(a) | in subsection (1), after “(5)(a)” insert “, (6A)(a)”; |
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(b) | in subsection (2)(a), for the words from “alcohol” to “article” substitute |
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“an item within subsection (2A)”; |
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(c) | after subsection (2), insert— |
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“(2A) | The items referred to in subsection (2)(a) are— |
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