- Draft legislation
This is a draft item of legislation and has not yet been made as a UK Statutory Instrument. This draft has been replaced by a new draft, The Schools (Specification and Disposal of Articles) Regulations 2012 ISBN 978-0-11-151935-6
4. (1) Paragraphs (2) to (5) prescribe what must or may be done by a member of staff who, under section 550ZC(1) of the 1996 Act, seizes an article specified in regulation 3.
(2) In the case of tobacco and cigarette papers, the member of staff may retain or dispose of the tobacco or cigarette papers and its or their container.
(3) In the case of a firework, the member of staff may retain or dispose of the firework and its container.
(4) In the case of a pornographic image, the member of staff may dispose of the image unless the member of staff has reasonable grounds for suspecting that—
(a)the image is an image to which section 62(2) (possession of prohibited images of children) of the Coroners and Justice Act 2009(1) applies; or
(b)the image is an image to which section 63 (possession of extreme pornographic images) of the Criminal Justice and Immigration Act 2008(2) applies.
(5) In the case of a pornographic image to which either paragraph (4)(a) or (b) applies, the member of staff must deliver it to a police constable as soon as is reasonably practicable.
2009 c. 25. Section 62 of the Coroners and Justice Act 2009 makes it an offence for a person to be in possession of a prohibited image of a child.
2008 c. 4. Section 63 of the Criminal Justice and Immigration Act 2008 makes it an offence for a person to be in possession of an extreme pornographic image.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Draft Explanatory Memorandum sets out a brief statement of the purpose of a Draft Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: