Education and Inspections Act 2006

Prospective

165Power of members of staff of further education institutions to use forceE+W

This sectionnoteType=Explanatory Notes has no associated

After section 85B of the Further and Higher Education Act 1992 (c. 13) insert—

85CPower of members of staff to use force

(1)A member of the staff of an institution which is within the further education sector may use such force as is reasonable in the circumstances for the purpose of preventing a student at the institution from doing (or continuing to do) any of the following, namely—

(a)committing any offence,

(b)causing personal injury to, or damage to the property of, any person (including the student himself), or

(c)prejudicing the maintenance of good order and discipline at the institution or among any of its students, whether during a teaching session or otherwise.

(2)The power conferred by subsection (1) may be exercised only where—

(a)the member of the staff and the student are on the premises of the institution, or

(b)they are elsewhere and the member of the staff has lawful control or charge of the student.

(3)Subsection (1) does not authorise anything to be done in relation to a student which constitutes the giving of corporal punishment within the meaning of section 548 of the Education Act 1996.

(4)The powers conferred by subsection (1) are in addition to any powers exercisable apart from this section and are not to be construed as restricting what may lawfully be done apart from this section.

(5)In this section, “member of the 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.