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Apprenticeships, Skills, Children and Learning Act 2009

Section 550ZA: Power of members of staff to search for prohibited items: England

754.Subsection (1) specifies that the power may be used only where a member of staff has reasonable grounds to suspect that a pupil has with him or her, or in his or her possession, a prohibited item. It also provides that a person may carry out a search only if he or she is the head teacher of the school, or he or she has been authorised by the head teacher to carry out the search.

755.Subsection (3) sets out which items are prohibited and hence may be searched for. There is already a power in 550AA to search for the items in paragraphs (a) and (b). The items in paragraphs (c) to (e) are the additional items, and paragraph (f) provides a regulation making power to prescribe additional items. Regulations made under this paragraph will be made using the affirmative resolution procedure.

756.Subsections (4) and (5) define what is meant by “stolen”, “member of staff” and “possessions”.

757.Subsection (6) provides that the powers in 550ZA, 550ZB and 550ZC do not restrict any common law, or other statutory, powers members of staff have to search pupils and their possessions.

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