Part X Miscellaneous and general

Chapter I Educational premises

Nuisance or disturbance on school premises

547 Nuisance or disturbance on school premises.

1

Any person who without lawful authority is present on premises to which this section applies and causes or permits nuisance or disturbance to the annoyance of persons who lawfully use those premises (whether or not any such persons are present at the time) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

2

This section applies to premises, including playgrounds, playing fields and other premises for outdoor recreation, of—

a

any school maintained by a F9local authority, F1. . .

F3aa

any special school not so maintained, F13...

ab

any independent schoolF10, and

ac

any alternative provision Academy that is not an independent school

F1b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42A

This section also applies to any premises which are—

a

provided by a F9local authority under F8section 507A or 507B (if the authority are in England) or section 508 (if the authority are in Wales), and

b

used wholly or mainly in connection with the provision of instruction or leadership in sporting, recreational or outdoor activities.

3

If—

a

a police constable, or

b

(subject to subsection (5)) a person whom F5the appropriate authority has authorised to exercise the power conferred by this subsection,

has reasonable cause to suspect that any person is committing or has committed an offence under this section, he may remove him from the premises in question.

F64

In subsection (3) “the appropriate authority” means—

a

in relation to premises of a foundation, voluntary aided or foundation special school, a F9local authority or the governing body,

b

in relation to—

i

premises of any other school maintained by a F9local authority, and

ii

premises provided by a F9local authority as mentioned in subsection (2A),

a F9local authority, and

c

in relation to premises of a special school which is not so maintained or of an independent school F12or an alternative provision Academy that is not an independent school, the proprietor of the school.

5

A F9local authority may not authorise a person to exercise the power conferred by subsection (3) in relation to premises of F2a foundation, voluntary or foundation special school without first obtaining the consent of the governing body.

F76

No proceedings for an offence under this section shall be brought by any person other than—

a

a police constable, or

b

an authorised person.

7

In subsection (6) “authorised person” means—

a

in relation to an offence committed on premises of a foundation, voluntary aided or foundation special school, a F9local authority or a person whom the governing body have authorised to bring such proceedings,

b

in relation to an offence committed—

i

on premises of any other school maintained by a F9local authority, or

ii

on premises provided by a F9local authority as mentioned in subsection (2A),

a F9local authority, and

c

in relation to an offence committed on premises of a special school which is not so maintained or of an independent schoolF11, or an alternative provision Academy that is not an independent school, a person whom the proprietor of the school has authorised to bring such proceedings.

8

A F9local authority may not bring proceedings for an offence under this section committed on premises of F2a foundation, voluntary or foundation special school without first obtaining the consent of the governing body.