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Part XU.K. Miscellaneous and general

Chapter IIE+W[F1 PUNISHMENT AND RESTRAINT OF PUPILS]

Textual Amendments

F1Pt. X Ch. II: Chapter heading and cross-heading substituted for Chapter heading (1.9.1998) by virtue of 1997 c. 44, s. 57(1), Sch. 7 para. 38; S.I. 1998/386, art. 2(4), Sch. 1 Pt. IV

[F2Powers to search pupilsE+W

Textual Amendments

F2Ss. 550ZA-550ZD inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 242(1), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))

550ZAPower of members of staff to search pupils for prohibited items: EnglandE+W

(1)This section applies where a member of staff of a school in England—

(a)has reasonable grounds for suspecting that a pupil at the school may have a prohibited item with him or her or in his or her possessions; and

(b)falls within section 550ZB(1).

(2)The member of staff may search the pupil (“P”) or P's possessions for that item.

(3)For the purposes of this section and section 550ZC each of the following is a “prohibited item”—

(a)an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc);

(b)an offensive weapon, within the meaning of the Prevention of Crime Act 1953;

(c)alcohol, within the meaning of section 191 of the Licensing Act 2003;

(d)a controlled drug, within the meaning of section 2 of the Misuse of Drugs Act 1971, which section 5(1) of that Act makes it unlawful for P to have in P's possession;

(e)a stolen article;

(f)an article of a kind specified in regulations.

(4)In subsection (3)(e) “stolen”, in relation to an article, has the same meaning as it has by virtue of section 24 of the Theft Act 1968 in the provisions of that Act relating to goods which have been stolen.

(5)In this section and section 550ZB—

(6)The powers conferred by this section and sections 550ZB and 550ZC are in addition to any powers exercisable by the member of staff in question apart from those sections and are not to be construed as restricting such powers.]