Education Act 1996

547 Nuisance or disturbance on school 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) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(2)This section applies to premises, including playgrounds, playing fields and other premises for outdoor recreation, of—

(a)any school maintained by a local education authority, F1. . .

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)If—

(a)a police constable, or

(b)(subject to subsection (5)) 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 in question.

(4)The power conferred by subsection (3) may also be exercised, in relation to premises of [F2a foundation, voluntary aided or foundation special school], by a person whom the governing body have authorised to exercise it.

(5)A local education authority may not authorise a person to exercise the power conferred by subsection (3) in relation to premises of [F3a foundation, voluntary or foundation special school] without first obtaining the consent of the governing body.

(6)Subject to subsection (7), no proceedings for an offence under this section shall be brought by any person other than—

(a)a police constable, or

(b)a local education authority.

(7)Proceedings for an offence under this section committed on premises of [F2a foundation, voluntary aided or foundation special school] may be brought by a person whom the governing body have authorised to bring such proceedings.

(8)A local education authority may not bring proceedings for an offence under this section committed on premises of [F3a foundation, voluntary or foundation special school] without first obtaining the consent of the governing body.

Textual Amendments

F1S. 547(2)(b) and preceding word repealed (1.9.1999) by School Standards and Framework Act 1988 ( c. 31), s. 140(1)(3), Sch. 30 para. 163(a), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F3Words in s. 547(5)(8) substituted (1.9.1999) by School Standards and Framework Act 1988 ( c. 31), s. 140(1), Sch. 30 para. 163(c) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1