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Education (Northern Ireland) Order 1998

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This is the original version (as it was originally made).

Power of member of staff to restrain pupils

4.—(1) A member of the staff of a grant-aided school may use, in relation to any pupil at the school, such force as is reasonable in the circumstances for the purpose of preventing the pupil from doing (or continuing to do) any of the following, namely—

(a)committing any offence;

(b)causing personal injury to, or damage to the property of, any person (including the pupil himself); or

(c)engaging in any behaviour prejudicial to the maintenance of good order and discipline at the school or among any of its pupils, whether that behaviour occurs during a teaching session or otherwise.

(2) Paragraph (1) applies where a member of the staff of a grant-aided school is—

(a)on the premises of the school; or

(b)elsewhere at a time when, as a member of its staff, he has lawful control or charge of the pupil concerned; but it does not authorise anything to be done in relation to a pupil which constitutes the giving of corporal punishment within the meaning of Article 49A of the 1986 Order.

(3) Paragraph (1) shall not be taken to prevent any person from relying on any defence available to him otherwise than by virtue of this Article.

(4) In this Article—

“member of the staff”, in relation to a grant-aided school, means any teacher who works at the school and any other person who, with the authority of the principal, has lawful control or charge of pupils at the school;

“offence” includes anything that would be an offence but for the operation of any presumption that a person under a particular age is incapable of committing an offence.

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