In Part 10 of the Education Act 1996, after Chapter 2 insert—

“Chapter 2AGuidance on mobile phones etc: schools in England

550CGuidance on use of mobile phones etc in schools in England

(1)

The appropriate person for a school in England must have regard to guidance described in subsection (2) in exercising functions in relation to the conduct of the school.

(2)

The guidance referred to in subsection (1) is guidance issued from time to time by the Secretary of State about registered pupils at schools having mobile phones and other personal interactive communication devices with them, and using them—

(a)

during school hours, and

(b)

on school premises.

(3)

Subsections (4) to (6) apply for the purposes of this section.

(4)

“Appropriate person” means—

(a)

for the following kinds of school, the head teacher—

(i)

a community, foundation or voluntary school;

(ii)

a community or foundation special school;

(iii)

a maintained nursery school;

(iv)

a pupil referral unit;

(v)

a school approved by the Secretary of State under section 342 (approval of non-maintained special schools);

(b)

for any other kind of school, the proprietor.

(5)

“School hours”, in relation to a school, means any time between the start of the first school session on a school day and the end of the last school session on the same day.

(6)

References to mobile phones and other personal interactive communication devices do not include references to devices provided by or on behalf of the appropriate person for a school for use by registered pupils.”

In section 89 of the Education and Inspections Act 2006 (determination by head teacher of behaviour policy), after subsection (6) insert—

“(7)

If a notification or guidance given under section 88(2)(b) to the head teacher of a relevant school in England is inconsistent with guidance to which head teachers of relevant schools in England are required to have regard by section 550C of EA 1996 (guidance on use of mobile phones etc), the duty under subsection (2)(b) does not apply to the extent of the inconsistency.”