(1)This section applies where a local authority—
(a)designates premises in a police area (“designated premises”) as premises to which children and young persons of compulsory school age may be removed under this section; and
(b)notifies the chief officer of police for that area of the designation.
(2)A police officer of or above the rank of superintendent may direct that the powers conferred on a constable by subsection (3) below—
(a)shall be exercisable as respects any area falling within the police area and specified in the direction; and
(b)shall be so exercisable during a period so specified;
and references in that subsection to a specified area and a specified period shall be construed accordingly.
(3)If a constable has reasonable cause to believe that a child or young person found by him in a public place in a specified area during a specified period—
(a)is of compulsory school age; and
(b)is absent from a school without lawful authority,
the constable may remove the child or young person to designated premises, or to the school from which he is so absent.
[F1(3A)The power of a police officer of or above the rank of superintendent under subsection (2) to specify any area falling within a police area shall be exercisable by such an officer who is a member of the British Transport Police as if the reference in that subsection to an area in the police area were a reference to—
(a)any area in or in the vicinity of any policed premises; or
(b)the whole or any part of any such premises;
and references in subsection (3) to the specified area shall have effect accordingly.]
(4)A child’s or young person’s absence from a school shall be taken to be without lawful authority unless it falls within subsection (3) (leave, sickness, unavoidable cause or day set apart for religious observance) of section 444 of the M1Education Act 1996.
(5)In this section—
[F2“British Transport Police” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);]
“local authority” means—
in relation to England, a county council, a district council whose district does not form part of an area that has a county council, a London borough council or the Common Council of the City of London;
in relation to Wales, a county council or a county borough council;
[F3“policed premises” has the meaning given by section 53(3) of the British Transport Commission Act 1949;]
“public place” has the same meaning as in section 14 above;
“school” has the same meaning as in the M2Education Act 1996.
Textual Amendments
F1S. 16(3A) inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 75(1); S.I. 2002/2306, art. 2(d)(vii)
F2S. 16(5): definition of "British Transport Police" inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 75(2)(a); S.I. 2002/2306, art. 2(d)(vii); and that definition ceased to have effect (1.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 73, 120(1), Sch. 5 para. 4(1)(b)(2)(j); S.I. 2004/1572, art. 3(jjj)
F3S. 16(5): definition of "policed premises" inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 75(2)(b); S.I. 2002/2306 {art. 2(d)(vii)}
Marginal Citations