SCHEDULES

SCHEDULE 20Nuisance or disturbance on educational premises

I1I21

1

Section 547 of the Education Act 1996 (c. 56) (nuisance or disturbance on premises of a school maintained by a F1local authority) is amended in accordance with sub-paragraphs (2) to (6).

2

In subsection (2), after paragraph (a) there is inserted—

aa

any special school not so maintained, and

ab

any independent school.

3

After that subsection there is inserted—

2A

This section also applies to any premises which are—

a

provided by a F1local authority under section 508, and

b

used wholly or mainly in connection with the provision of instruction or leadership in sporting, recreational or outdoor activities.

4

In subsection (3)(b) for “a F1local authority have” there is substituted “ the appropriate authority has ”.

5

For subsection (4) there is substituted—

4

In subsection (3) “the appropriate authority” means—

a

in relation to premises of a foundation, voluntary aided or foundation special school, a F1local authority or the governing body,

b

in relation to—

i

premises of any other school maintained by a F1local authority, and

ii

premises provided by a F1local authority as mentioned in subsection (2A),

a F1local authority, and

c

in relation to premises of a special school which is not so maintained or of an independent school, the proprietor of the school.

6

For subsections (6) and (7) there is substituted—

6

No proceedings for an offence under this section shall be brought by any person other than—

a

a police constable, or

b

an authorised person.

7

In subsection (6) “authorised person” means—

a

in relation to an offence committed on premises of a foundation, voluntary aided or foundation special school, a F1local authority or a person whom the governing body have authorised to bring such proceedings,

b

in relation to an offence committed—

i

on premises of any other school maintained by a F1local authority, or

ii

on premises provided by a F1local authority as mentioned in subsection (2A),

a F1local authority, and

c

in relation to an offence committed on premises of a special school which is not so maintained or of an independent school, a person whom the proprietor of the school has authorised to bring such proceedings.