The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Note: Point in time prospective is the latest available view of the legislation that includes by default all the prospective changes that might come into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Violent Crime Reduction Act 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
After section 85A of the Further and Higher Education Act 1992 (c. 13) insert—
(1)A member of staff of an institution within the further education sector who has reasonable grounds for suspecting that a student at the institution may have with him or in his possessions—
(a)an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc.), or
(b)an offensive weapon (within the meaning of the Prevention of Crime Act 1953),
may search that student or his possessions for such articles and weapons.
(2)A search under this section may be carried out only where—
(a)the member of staff and the student are on the premises of the institution; or
(b)they are elsewhere and the member of staff has lawful control or charge of the student.
(3)A person may carry out a search under this section only if—
(a)he is the principal of the institution; or
(b)he has been authorised by the principal to carry out the search.
(4)A person who carries out a search of a student under this section—
(a)may not require the student to remove any clothing other than outer clothing;
(b)must be of the same sex as the student; and
(c)may carry out the search only in the presence of another member of staff who is also of the same sex as the student.
(5)A student's possessions may not be searched under this section except in his presence and in the presence of another member of staff.
(6)If, in the course of a search under this section, the person carrying out the search finds—
(a)anything which he has reasonable grounds for suspecting falls within subsection (1)(a) or (b), or
(b)any other thing which he has reasonable grounds for suspecting is evidence in relation to an offence,
he may seize and retain it.
(7)A person who exercises a power under this section may use such force as is reasonable in the circumstances for exercising that power.
(8)A person who seizes anything under subsection (6) must deliver it to a police constable as soon as reasonably practicable.
(9)The Police (Property) Act 1897 (disposal of property in the possession of the police) shall apply to property which has come into the possession of a police constable under this section as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.
(10)An authorisation for the purposes of subsection (3)(b) may be given either in relation to a particular search or generally in relation to searches under this section or to a particular description of such searches.
(11)In this section—
“member of staff”, in relation to an institution within the further education sector, means any person who works at that institution whether or not as its employee;
“outer clothing” means—
any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; or
a hat, shoes, boots, gloves or a scarf;
“possessions”, in relation to a student of an institution within the further education sector, includes any goods over which he has or appears to have control.
(12)The powers conferred by this section are in addition to any powers exercisable by the member of staff in question apart from this section and are not to be construed as restricting such powers.”
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.
Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
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: