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Local Government (Miscellaneous Provisions) Act 1982
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- UK Public General Acts
- 1982 c. 30
- Part XII
- Section 40
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Changes over time for: Section 40
Version Superseded: 01/11/1996
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- 01/02/1991- Amendment
- 25/10/1991
Point in time - 01/11/1996- Amendment
- 01/10/2002- Amendment
- 01/09/2003- Amendment
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40 Nuisance and disturbance on educational premises.E+W
(1)Any person who without lawful authority is present on premises to which this section applies and causes or permits nuisance or disturbance to the annoyance of persons who lawfully use those premises (whether or not any such persons are present at the time) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F1level 2 on the standard scale].
(2)This section applies to premises, including playgrounds, playing fields and other premises for outdoor recreation—
(a)of a school maintained by a local education authority; or
[F2(aa)of a grant-maintained school; or]
[F3(b)of an institution which is maintained by a local education authority and provides higher education or further education (or both);]
(3)If—
(a)a police constable; or
(b)subject to subsection (5) below, a person whom a local education authority have authorised to exercise the power conferred by this subsection,
has reasonable cause to suspect that any person is committing or has committed an offence under this section, he may remove him from the premises.
(4)The power conferred by subsection (3) above may also be exercised, in relation to premises of an aided [F4special agreement or grant-maintained school, by a person whom the governing body of the school] have authorised to exercise it.
(5)A local education authority may not authorise a person to exercise the power conferred by subsection (3) above in relation to premises of a voluntary [F5or grant-maintained school without first obtaining the consent of the governing body of the school].
(6)Except as provided by subsection (7) below, no proceedings under this section shall be brought by any person other than—
(a)a police constable; or
(b)subject to subsection (8) below, a local education authority.
(7)Proceedings under this section for an offence committed on premises of an aided [F6special agreement or grant-maintained school may be brought by a person whom the governing body of the school] have authorised to bring such proceedings.
(8)A local education authority may not bring proceedings under this section for an offence committed on premises of a voluntary [F7or grant-maintained school without first obtaining the consent of the governing body of the school].
(9)Expressions used in this section and in the M1Education Act 1944 have the meanings assigned to them by that Act.
(10)This section shall come into force on the expiry of the period of two months beginning with the date on which this Act is passed.
Textual Amendments
F1Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
F2S. 40(2)(aa) inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231 (7), 235(6), 237(1), Sch. 12 Pt. I para. 29(1)(2)
F3S. 40(2)(b) substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 Pt. III para. 90
F4Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 Pt. I para. 29(3)
F5Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1) Sch. 12 Pt. I para. 29(4)
F6Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 Pt. I para. 29(5)
F7Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 Pt. I para. 29(6)
Modifications etc. (not altering text)
C1S. 40 applied (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt. I
S. 40 applied (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt. I
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