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| [seventh and eighth sittings]
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| | Another Amendment (No. 10) proposed, in page 3, line 32, at beginning insert ‘Subject |
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| | Question proposed, That the Amendment be made. |
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| Clause 2, page 4, line 13, after ‘determined’, insert ‘, approved by the Secretary of |
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| Clause 2, page 4, line 23, at end insert— |
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| | ‘(za) | in subsection (1)(b), at end insert “and has been trained— |
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| | (i) | in the need to maintain a pupil’s dignity and right to privacy in |
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| | carrying out the search, and |
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| | (ii) | on additional requirements for searching pupils with special |
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| | educational needs and disabilities”.’. |
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| Clause 2, page 4, line 41, leave out from beginning to end of line 3 on page 5. |
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| Clause 2, page 5, line 3, at end insert— |
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| | ‘(7B) | Notwithstanding any provision of this section, the search must be carried out by |
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| | a member of the senior management team, who has received appropriate training, |
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| | of the same sex only and only where— |
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| | (a) | there is justification, and |
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| | (b) | reasonable force is used.’. |
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| Clause 2, page 5, line 3, at end insert— |
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| | ‘(f) | after subsection (8) insert— |
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| | “(9) | The Secretary of State must issue guidance which defines the |
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| | (a) | “search”, in the context of the need to safeguard the |
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| | (e) | “reasonable grounds for suspicion”; and |
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| Clause 2, page 5, line 32, at end insert ‘, and the person, who should be a senior |
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| member of staff trained in data protection, shall not be liable to any criminal prosecution |
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| for having examined such data or files’. |
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| Clause 2, page 6, line 17, at end insert— |
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| | ‘(7) | Before the Secretary of State exercises the power to commence this section under |
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| | section 78, he must first lay before Parliament a statement agreed with Her |
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| | Majesty’s Chief Inspector of Education, Children’s Services and Skills on the |
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| | evidence that school staff need the additional powers available in this section.’. |
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| Clause 2, page 6, line 17, at end insert— |
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| | ‘(7) | For the avoidance of doubt, this section applies to academies established under |
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| | the Academies Act 2010.’. |
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| Clause 3, page 6, line 19, at beginning insert ‘Subject to subsection (6),’. |
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| Clause 3, page 6, line 27, at end insert— |
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| | ‘(2A) | In section 85AA (Power of members of staff to search students for prohibited |
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| | items: England), in subsection (6) (definitions), at end insert— |
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| | “student” includes registered students who are aged 18 or over as well as |
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| | registered students under the age of 18 years.”.’. |
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| Clause 3, page 6, line 28, at end insert— |
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| | ‘(za) | in subsection (1)(b), at end insert “and has been trained— |
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| | (i) | in the need to mainain the student’s dignity and right to privacy |
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| | in carrying out the search, and |
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| | (ii) | on additional requirements for searching students with special |
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| | educational needs and disabilities”.’. |
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| Clause 3, page 6, line 44, leave out from beginning to end of line 9 on page 7. |
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| Clause 3, page 7, line 9, at end insert— |
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| | ‘(7B) | Notwithstanding any provision of this section, the search must be carried out by |
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| | a member of the senior management team, who has received appropriate training, |
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| | of the same sex only and only where— |
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| | (a) | there is justification, and |
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| | (b) | reasonable force is used.’. |
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| Clause 3, page 7, line 9, at end insert— |
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| | ‘(e) | after subsection (8), insert— |
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| | “(9) | The Secretary of State must issue guidance which defines the |
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| | (a) | “search”, in the context of the need to safeguard the |
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| | (e) | “reasonable grounds for suspicion”; and |
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| Clause 3, page 7, line 32, at end insert ‘and the person, who should be a senior |
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| member of staff trained in data protection, shall not be liable to any criminal prosecution |
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| solely for having examined such data or files’. |
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| Clause 3, page 8, line 11, at end insert— |
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| | ‘(6) | Before the Secretary of State exercises the power to commence this section under |
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| | section 78, he must first lay before Parliament a statement agreed with Her |
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| | Majesty’s Chief Inspector of Education, Children’s Services and Skills on the |
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| | evidence that further education staff need the additional powers available in this |
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| Clause 4, page 8, line 13, at beginning insert ‘Subject to subsection (5),’. |
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| [Adjourned until Tuesday 15 March at 10.30 am |
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