Part III

Miscellaneous and general

Power of search under section 85AA: supplementary
85AB
1
A person may carry out a search under section 85AA only if that person—
a
is the principal of the institution; or
b
has been authorised by the principal to carry out the search.
2
An authorisation for the purposes of subsection (1)(b) may be given in relation to—
a
searches under section 85AA generally;
b
a particular search under that section;
c
a particular description of searches under that section.
3
Nothing in any enactment, instrument or agreement shall be construed as authorising a principal of an institution within the further education sector in England
, or a principal of a 16 to 19 Academy,
to require a person other than a member of the security staff of the institution to carry out a search under section 85AA.
4
A search under section 85AA may be carried out only where—
a
the member of staff and S are on the premises of the institution; or
b
they are elsewhere and the member of staff has lawful control or charge of S.
5
A person exercising the power in section 85AA may use such force as is reasonable in the circumstances for exercising that power.
6
A person carrying out a search of S under section 85AA—
a
may not require S to remove any clothing other than outer clothing;
b
must be of the same sex as S
, unless the condition in subsection (6A) is satisfied
;
c
may carry out the search only in the presence of another member of staff
, unless the condition in subsection (6A) is satisfied
; and
d
must ensure that the other member of staff is of the same sex as S if it is reasonably practicable to do so.
6A
The condition is satisfied if—
a
the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency, and
b
in the time available it is not reasonably practicable for the search to be carried out by a person of the same sex as S or in the presence of another member of staff (as the case may be).
7
S's possessions may not be searched under section 85AA except in the presence of—
a
S; and
b
another member of staff
, unless the condition in subsection (7A) is satisfied
.
7A
The condition is satisfied if—
a
the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency, and
b
in the time available it is not reasonably practicable for the search to be carried out in the presence of another member of staff.
8
In this section—
- “
member of the security staff
”, in relation to an institution, means a member of staff whose work at the institution consists wholly or mainly of security-related activities;
- “
outer clothing
” means—
  1. 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
  2. a hat, shoes, boots, gloves or a scarf.
S. 85AB(7A) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(3)(d), 82(3); S.I. 2012/924, art. 2
Words in s. 85AB(6)(c) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(3)(a)(ii), 82(3); S.I. 2012/924, art. 2
Words in s. 85AB(6)(b) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(3)(a)(i), 82(3); S.I. 2012/924, art. 2
Words in s. 85AB(7)(b) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(3)(c), 82(3); S.I. 2012/924, art. 2
Words in s. 85AB(3) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 8(4); S.I. 2012/924, art. 2
S. 85AB(6A) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(3)(b), 82(3); S.I. 2012/924, art. 2
Ss. 85AA-85AD inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 244(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))