Legalize / United Kingdom / Public General Act

Education Act 1996

Type Public General Act

Publication 1996-07-24

Last updated 2026-08-18

State In force

Department Statute Law Database

Source legislation.gov.uk

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“relevant funded early years education”, in relation to a local authority in Wales, means education provided by a person other than the governing body of a maintained school (within the meaning of section 20(7) of the School Standards and Framework Act 1998) or a maintained nursery school—under arrangements made with that person by the authority in pursuance of the duty imposed on the authority by section 118 of that Act (duty of local authority to secure sufficient nursery education), andin consideration of financial assistance provided by the authority under those arrangements.

“school lunch”—in relation to a pupil, means food made available for consumption by the pupil as his midday meal on a school day, andin relation to a child receiving relevant funded nursery education at an establishment other than a school, means food made available for consumption by the child as his midday meal on a day on which he receives that education,whether involving a set meal or the selection of items by him or otherwise;

and references, in relation to a local authority, to a school maintained by the authority are to a community, foundation or voluntary school, a community or foundation special school, a maintained nursery school or a pupil referral unit maintained by the authority.

Power to charge for meals etc.

512ZA

(1) A local authority may charge for anything provided by them under subsection (1) or (3) of section 512.

(1A) Where a local authority in England exercise the power to charge under subsection (1), the price they charge for an item must not exceed the cost of providing that item.

(2) Where a local authority exercise the power to charge under subsection (1), they must charge every person the same price for the same quantity of the same item.

(3) This section is subject to section 512ZB.

Provision of free school lunches and milk

512ZB

(1) Where the local authority provide a school lunch in accordance with section 512(3) to a person who is eligible for free lunches, the authority shall provide the meal free of charge.

(2) For this purpose a person is eligible for free lunches if—

(a) he is within subsection (4), (4A) or (4D), and

(b) a request that the school lunches be provided free of charge has been made by him or on his behalf to the authority.

(3) Where a local authority exercise their power under subsection (1) of section 512 to provide a person within paragraph (a) or (c) of that subsection with milk, the authority shall provide the milk free of charge if—

(a) the person is within subsection (4), and

(b) a request that the milk be provided free of charge has been made by him or on his behalf to the authority.

(4) A person (“C”) is within this subsection if—

(a) C's parent is—

(ai) in receipt of universal credit in such circumstances as may be prescribed for the purposes of this paragraph, or

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) in receipt of support provided under Part 6 of the Immigration and Asylum Act 1999 (c. 33), or

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(aa) C meets any conditions prescribed for the purposes of this paragraph and C's parent is, in such circumstances as may be so prescribed—

(i) in receipt of any benefit or allowance not falling within paragraph (a) that is so prescribed, or

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) C is—

(ai) in receipt of universal credit in such circumstances as may be prescribed for the purposes of this paragraph, or

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) in receipt of any benefit or allowance not falling within paragraph (b) that is so prescribed, or

(ii) entitled to any tax credit under the Tax Credits Act 2002 or element of such a tax credit, that is so prescribed.

(i) in receipt of any benefit or allowance not falling within paragraph (b) that is so prescribed, ...

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A) A person is within this subsection if the person—

(a) is a registered pupil at a maintained school or pupil referral unit in England, and

(b) is in reception, year 1, year 2 or any other prescribed year group at the school.

(4B) The Secretary of State may by order provide for the following to be treated as persons within subsection (4A)—

(a) registered pupils, or any description of registered pupils, at a maintained nursery school in England;

(b) children, or any description of children, who receive relevant funded early years education, or any description of such education, in England.

(4C) In subsection (4A)—

“maintained school” means—a community, foundation or voluntary school, ora community or foundation special school;

“reception” means a year group in which the majority of children will, in the school year, attain the age of 5;

“year 1” means a year group in which the majority of children will, in the school year, attain the age of 6;

“year 2” means a year group in which the majority of children will, in the school year, attain the age of 7;

“year group” means a group of children at a school the majority of whom will, in a particular school year, attain the same age.

(4D) A person is within this subsection if—

(a) they are a registered pupil at a maintained school or pupil referral unit in England,

(b) they or their parent is in receipt of universal credit, and

and the meaning of “maintained school” given by subsection (4C) applies for the purposes of this subsection.

(5) In this section “prescribed”, “relevant funded early years education” and “school lunch” have the same meaning as in section 512.

Protection of identity of pupils receiving free school lunches or milk

512ZC

(1) This section applies when a school lunch or milk is provided for a pupil in Wales free of charge by a local authority under section 512ZB or by the governing body of a maintained school by virtue of section 512A.

(2) A local authority or governing body in Wales must take reasonable steps to ensure that the pupil cannot be identified as a pupil who receives a school lunch or milk free of charge by any person other than an authorised person.

(3) A local authority or governing body in Wales must take reasonable steps to ensure that none of the persons mentioned in subsection (4) discloses to any person other than an authorised person the fact that the pupil receives school lunches or milk free of charge.

(4) The persons referred to in subsection (3) are—

(a) a teacher in the school,

(b) any person (other than a teacher) who is—

(i) employed (whether by the local authority or by another person) in the school, or

(ii) working there on an unpaid basis, and

(5) In subsections (2) and (3), “authorised person” means—

(a) a parent of the pupil, and

(b) a person mentioned in subsection (4) who is authorised by the local authority or governing body to have access to information about a pupil's entitlement to receive school lunches free of charge.

(6) When deciding what steps to take in order to comply with their duties under subsections (2) and (3) a local authority or governing body in Wales must have regard to any guidance issued by the Welsh Ministers under this section.

Transfer of functions under section 512 to governing bodies.

512A

(1) The Secretary of State may by order make provision for imposing on the governing body of any school to which the order applies a duty or duties corresponding to one or more of the duties of the local authority which are mentioned in subsection (2).

(2) Those duties are—

(a) the duty to provide school lunches in accordance with section 512(3) and (4);

(b) the duty to provide school lunches free of charge in accordance with section 512ZB(1); and

(3) An order under this section may (subject to subsection (6)) apply to—

(a) all maintained schools; or

(b) any specified class of such schools; or

(4) Where any duty falls to be performed by the governing body of a school by virtue of an order under this section—

(a) the corresponding duty mentioned in subsection (2) shall no longer fall to be performed by the local authority in relation to the school; and

(b) if the duty corresponds to the one mentioned in subsection (2)(b) or (c)—

(i) the order may provide that, notwithstanding the other provisions of the order, the function of determining whether pupils at the school fall within section 512ZB(4) is to be exercisable by the local authority, and

(ii) section 533(3) shall not apply to school lunches or milk provided by the governing body in pursuance of the order.

(5) An order under this section may provide for section 513(2) not to apply—

(a) to local authorities generally, or

(b) to any specified local authority,

either in relation to all pupils for whom provision is made by the authority under section 513 or in relation to all such pupils who are of such ages as may be specified.

(6) An order under this section shall not operate to—

(a) impose any duty on the governing body of a school, or

(b) relieve a local authority of any duty in relation to a school,

at any time when the school does not have a delegated budget; and such an order may provide for section 512ZA(2) above to have effect, in relation to any provision made at any such time by the local authority for pupils at the school, with such modifications as may be specified.

(7) In this section—

“delegated budget” has the same meaning as in the School Standards and Framework Act 1998;

“maintained school” means a maintained school as defined by section 20(7) of the School Standards and Framework Act 1998 or a maintained nursery school;

“school lunch” has the same meaning as in section 512 above;

“specified” means specified in an order under this section.

Provision of school lunches: Academies

512B

(1) Academy arrangements in relation to an Academy school or an alternative provision Academy must include provision imposing obligations on the proprietor that are equivalent to the school lunches obligations.

(2) “The school lunches obligations” are the obligations imposed in relation to maintained schools and pupil referral units in England by—

(a) section 512(3) (provision of school lunches on request), and

(b) section 512ZB(1) (provision of free school lunches to eligible persons).

(3) Academy arrangements in relation to an Academy (other than a 16 to 19 Academy) that are entered into before the date on which section 106(3) of the Children and Families Act 2014 comes into force are to be treated as if they included the provision required by subsection (1), to the extent that they do not otherwise include such provision.

(4) Subsections (1) and (3) apply to an agreement under section 482 in relation to a city technology college or a city college for the technology of the arts as they apply to Academy arrangements in relation to an Academy school or an alternative provision Academy.

School food standards: Academies

512C

(1) Academy arrangements in relation to an Academy school or an alternative provision Academy must include—

(a) provision imposing requirements relating to food or drink provided for registered pupils that are equivalent to the requirements prescribed by regulations under section 114A (1) of the School Standards and Framework Act 1998 (food and drink provided on premises of maintained schools etc), and

(b) provision imposing duties on the proprietor that are equivalent to the duties imposed by section 114A (4) and (6) of that Act on a local authority or the governing body of a school maintained by a local authority.

(2) Subsection (1) applies only to the extent that the provision mentioned there is not already required to be included in Academy arrangements by section 512B.

(3) Academy arrangements in relation to an Academy (other than a 16 to 19 Academy) that are entered into before the day on which section 31 of the Children’s Wellbeing and Schools Act 2026 comes into force are to be treated as if they included the provision required by subsection (1), to the extent that they do not otherwise include such provision.

(4) Subsections (1) and (3) apply to an agreement under section 482 in relation to a city technology college or a city college for the technology of the arts as they apply to Academy arrangements in relation to an Academy school or an alternative provision Academy.

Provision of meals etc. at schools not maintained by local authorities.

513

(1) A local authority may, with the consent of the proprietor of a school in their area which is not maintained by them, make arrangements for securing the provision of milk, meals and other refreshment for pupils in attendance at the school.

(2) Any arrangements under this section—

(a) shall be on such financial and other terms, if any, as may be determined by agreement between the authority and the proprietor of the school; and

(b) shall be such as to secure, so far as is practicable, that the expense incurred by the authority in connection with the provision of any service or item under the arrangements shall not exceed the expense which would have been incurred by them in providing it if the pupil had been a pupil at a school maintained by them.

Provision of board and lodging otherwise than at school.

514

(1) Where a local authority are satisfied with respect to any pupil—

(a) that primary or secondary education suitable to his age, ability and aptitude and to any special educational needs he may have can best be provided for him at a particular community, foundation or voluntary or community or foundation special school, but

(b) that such education cannot be so provided unless boarding accommodation is provided for him otherwise than at the school,

they may provide such board and lodging for him under such arrangements as they think fit.

(2) Where a local authority in England are satisfied with respect to a pupil with special educational needs that provision of board and lodging for him is necessary for enabling him to receive the required special educational provision, they may provide such board and lodging for him under such arrangements as they think fit.

(3) In making any arrangements under this section, a local authority shall, so far as practicable, give effect to the wishes of the pupil’s parent as to the religion or religious denomination of the person with whom the pupil will reside.

(4) Subject to subsection (5), where a local authority have provided a pupil with board and lodging under arrangements under this section, they shall require the pupil’s parent to pay them such sums, if any, in respect of the board and lodging as in their opinion he is able to pay without financial hardship.

(5) No sum is recoverable under subsection (4) if the arrangements were made by the authority on the ground that in their opinion education suitable to the pupil’s age, ability and aptitude or special educational needs could not otherwise be provided for him.

(6) The sums recoverable under subsection (4) shall not exceed the cost to the authority of providing the board and lodging.

(7) Any sum payable under subsection (4) may be recovered summarily as a civil debt.

(8) In its application to a local authority in Wales, references in this section to special educational needs are to be interpreted as references to additional learning needs.

Provision of boarding accommodation for person for whom an EHC plan is maintained

514A

(1) A local authority in England may secure the provision of boarding accommodation in connection with the provision of education or training for a person in their area who is over compulsory school age and for whom an EHC plan is maintained.—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A local authority may secure the provision of boarding accommodation under subsection (1) either within or outside their area.

(3) For the purposes of subsection (1) it is immaterial who provides, or secures the provision of, the education or training.

(4) In this section “education” and “training” have the same meanings as in section 15ZA.

Provision of teaching services for day nurseries.

515

(1) Subject to subsection (2), a local authority may, in accordance with arrangements made by them for that purpose, make available to a day nursery in England or Wales or to a registered early years provider in England the services of any teacher who—

(a) is employed by them in a nursery school or in a primary school having one or more nursery classes, and

(b) has agreed to provide his services for the purposes of the arrangements.

(2) Arrangements under subsection (1) in respect of a teacher in a foundation or voluntary school require the concurrence of the governing body of the school.

(3) Arrangements under this section may make provision—

(a) for the supply of equipment for use in connection with the teaching services made available under the arrangements;

(b) for regulating the respective functions of any teacher whose services are made available under the arrangements, the head teacher of his school and the person in charge of the day nursery or (as the case may be) the registered early years provider ; and

(i) in relation to England, any charges to be imposed in connection with the arrangements, and

(ii) in relation to Wales, where the teacher's school and the day nursery are in the areas of different local authorities , financial adjustments between those authorities.

(4) In this section—

“day nursery” means a day nursery provided under section 18 of the Children Act 1989 (provision by local authorities of day care for pre-school and other children) or sections 37 to 39 of the Social Services and Well-being (Wales) Act 2014 (meeting care and support needs of children);

“registered early years provider” means a person registered under Part 3 of the Childcare Act 2006.

(5) A teacher shall not be regarded as ceasing to be a member of the teaching staff of his school and subject to the general directions of his head teacher by reason only of his services being made available in pursuance of arrangements under this section.

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

516

Payment of fees

Payment of fees at schools not maintained by a local authority.

517

(1) Where, in pursuance of arrangements made under section 18 , Part 4 (special educational needs) or Part 3 of the Children and Families Act 2014 (children and young people in England with special educational needs or disabilities), primary or secondary education is provided for a pupil at a school not maintained by them or another local authority, the local authority by whom the arrangements are made shall—

(a) if subsection (2), (3) or (4) applies, pay the whole of the fees payable in respect of the education provided in pursuance of the arrangements; and

(b) if board and lodging are provided for the pupil at the school and subsection (5) applies, pay the whole of the fees payable in respect of the board and lodging.

(2) This subsection applies where—

(a) the pupil fills a place in the school which the proprietor of the school has put at the disposal of the authority; and

(b) the school is one in respect of which grants are made by the Secretary of State under section 485.

(3) This subsection applies where the authority are satisfied that, by reason of a shortage of places in every school maintained by them or another local authority to which the pupil could be sent with reasonable convenience, education suitable—

(a) to his age, ability and aptitude, and

(b) to any special educational needs he may have,

cannot be provided by them for him except at a school not maintained by them or another local authority.

(4) This subsection applies where (in a case in which neither subsection (2) nor subsection (3) applies) the authority are satisfied—

(a) that the pupil has special educational needs, and

(b) that it is expedient in his interests that the required special educational provision should be made for him at a school not maintained by them or another local authority.

(5) This subsection applies where the authority are satisfied that education suitable—

(a) to the pupil’s age, ability and aptitude, and

(b) to any special educational needs he may have,

cannot be provided by them for him at any school unless board and lodging are also provided for him (either at school or elsewhere)

(6) As from such day as the Secretary of State may by order appoint this section shall have effect with the following modifications—

(a) in subsections (1) and (3), for “not maintained by them or another local authority” substitute “which is neither a maintained nor a grant-maintained school”;

(b) in subsection (3), for “every school maintained by them or another local authority” substitute “every maintained or grant-maintained school”;

(d) omit subsection (4) and the reference to it in subsection (1); and

(e) at the end add—

(7) In this section “grant-maintained school” includes a grant-maintained special school, and subsection (5) does not apply where section 348(2) applies.

(7) An order under subsection (6) may appoint different days for different provisions and for different purposes.

(8) In this section as it applies where a local authority in Wales makes arrangements under section 18 for primary or secondary education to be provided for a pupil at a school not maintained by a local authority⁠—

(a) references to special educational needs are to be interpreted as references to additional learning needs, and

(b) references to special educational provision are to be interpreted as references to additional learning provision.

(9) Subsection (5) does not apply where board and lodging is secured for a pupil under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018.

Payment of school expenses; grant of scholarships, etc.

518

(1) A local authority, for the purpose of enabling persons to take advantage of any educational facilities available to them, may in such circumstances as may be specified in or determined in accordance with regulations—

(a) pay such expenses of children attending community, foundation, voluntary or special schools as may be necessary to enable them to take part in any school activities,

(b) grant scholarships, exhibitions, bursaries and other allowances in respect of persons over compulsory school age.

(2) Regulations may make provision—

(a) for requiring a local authority to make, in relation to each financial year, a determination relating to the extent to which they propose to exercise their power under subsection (1)(b) in that year; and

(b) for authorising an authority to determine not to exercise that power in a financial year—

(i) generally,

(ii) in such cases as may be prescribed, or

(iii) in such cases as may be determined by the authority.

Allowances for governors

Travelling and subsistence allowances for governors of schools and further or higher education institutions.

519

(1) A local authority may, in accordance with the provisions of a scheme made by them for the purposes of this section, pay such allowances as may be prescribed to governors of—

(a) any community, foundation or voluntary school or community or foundation special school which does not have a delegated budget (within the meaning of Part II of the School Standards and Framework Act 1998); and

(b) any institution providing higher education or further education (or both) which is maintained by a local authority.

(2) Such a scheme may make different provision in relation to schools or other institutions of different categories (including provision for allowances not to be paid in respect of certain categories) but shall not make different provision in relation to different categories of governor of the same school or institution.

(3) Subject to subsections (4) and (5), a local authority may pay such allowances as may be prescribed to any person appointed to represent them on the governing body of—

(a) any institution providing higher education or further education (or both) which is not maintained by them; or

(b) any independent school, alternative provision Academy which is not an independent school or special school which is not maintained by them.

(4) A local authority shall not pay any allowance under subsection (3) for expenses in respect of which the person incurring them is entitled to reimbursement by any person other than the authority.

(5) A local authority shall not pay any allowance under subsection (3) if they have not made any scheme under subsection (1) or if the arrangements under which the allowance would otherwise be payable—

(a) provide for allowances which are to any extent more generous than the most generous payable by the authority under any such scheme; or

(b) contain any provision which the authority would not have power to include in any such scheme.

(6) No allowance may be paid to any governor of a school or institution of a kind mentioned in subsection (1), in respect of the discharge of his functions as such a governor, otherwise than under this section.

(7) Regulations may impose a limit on the amount which may be paid by way of any allowance under this section.

Medical arrangements

Medical inspection and treatment of pupils.

520

(1) A local authority shall make arrangements for encouraging and assisting pupils to take advantage of the provision for medical and dental inspection and treatment made for them in pursuance of

(a) section 111 of, or paragraph 1, 2(1)(a) or 8 of Schedule 1 to, the National Health Service Act 2006, or

(b) section 67 of, or paragraph 1, 2(1)(a) or 8 of Schedule 1 to, the National Health Service (Wales) Act 2006

(2) If the parent of a pupil gives notice to the authority that he objects to the pupil availing himself of any of the provision so made, the pupil shall not be encouraged or assisted to do so.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cleanliness of pupils

Examination of pupils for cleanliness.

521

(1) A local authority may by directions in writing authorise a medical officer of theirs to have the persons and clothing of pupils in attendance at relevant schools examined whenever in his opinion such examinations are necessary in the interests of cleanliness.

(2) Directions under subsection (1) may be given with respect to—

(a) all relevant schools, or

(b) any relevant schools named in the directions.

(3) An examination under this section shall be made by a person authorised by the authority to make such examinations; and, if the examination is of a girl, it shall not be made by a man unless he is a registered medical practitioner.

(4) For the purposes of this section “relevant schools” are—

(a) schools maintained by the authority; . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compulsory cleansing of a pupil.

522

(1) If, on an examination under section 521, the person or clothing of a pupil is found to be infested with vermin or in a foul condition, any officer of the local authority may serve a notice on the pupil’s parent requiring him to cause the pupil’s person and clothing to be cleansed.

(2) The notice shall inform the parent that, unless within the period specified in the notice the pupil’s person and clothing are cleansed to the satisfaction of such person as is specified in the notice, the cleansing will be carried out under arrangements made by the authority.

(3) The period so specified shall not be less than 24 hours from the service of the notice.

(4) If, on a report being made to him by the specified person at the end of the specified period, a medical officer of the authority is not satisfied that the pupil’s person and clothing have been properly cleansed, he may by order direct that they shall be cleansed under arrangements made by the authority under section 523.

(5) An order made under subsection (4) shall be sufficient to authorise any officer of the authority—

(a) to cause the pupil’s person and clothing to be cleansed in accordance with arrangements made by the authority under section 523, and

(b) for that purpose to convey the pupil to, and detain him at, any premises provided in accordance with such arrangements.

Arrangements for cleansing of pupils.

523

(1) A local authority shall make arrangements for securing that the person or clothing of any pupil required to be cleansed under section 522 may be cleansed (whether at the request of a parent or in pursuance of an order under section 522(4)) at suitable premises, by suitable persons and with suitable appliances.

(2) Where the council of a district in the area of the authority are entitled to the use of any premises or appliances for cleansing the person or clothing of persons infested with vermin, the authority may require the council to permit the authority to use those premises or appliances for such purposes upon such terms as may be determined—

(a) by agreement between the authority and the council, or

(b) in default of such agreement, by the Secretary of State.

(3) Subsection (2) does not apply in relation to Wales.

(4) A girl may be cleansed under arrangements under this section only by a registered medical practitioner or by a woman authorised for the purpose by the authority.

Suspension of a pupil pending examination or cleansing.

524

(1) Where—

(a) a medical officer of a local authority suspects that the person or clothing of a pupil in attendance at a relevant school is infested with vermin or in a foul condition, but

(b) action for the examination or cleansing of the pupil’s person and clothing cannot be taken immediately,

the medical officer may direct that the pupil is to be suspended from the school until such action has been taken, if he considers it necessary to do so in the interests either of the pupil or of other pupils in attendance at the school.

(2) A direction under subsection (1) is a defence to any proceedings under Chapter II of Part VI in respect of the failure of the pupil to attend school on any day on which he is excluded in pursuance of the direction, unless it is proved that the giving of the direction was necessitated by the wilful default of the pupil or his parent.

(3) For the purposes of this section a “relevant school” is—

(a) a school maintained by the local authority, . . .

(b) . . .

Offence of neglecting the cleanliness of a pupil.

525

(1) If, after the person or clothing of a pupil has been cleansed under section 522—

(a) his person or clothing is again infested with vermin, or in a foul condition, at any time while he is in attendance at a relevant school, and

(b) the condition of his person or clothing is due to neglect on the part of his parent,

the parent is guilty of an offence.

(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(3) For the purposes of this section a “relevant school” is a school maintained by a local authority . . ..

Educational research and conferences

Powers as to educational research.

526

A local authority may make such provision for conducting, or assisting the conduct of, research as appears to them to be desirable for the purpose of improving the educational facilities provided for their area.

Powers as to educational conferences.

527

A local authority may—

(a) organise, or participate in the organisation of, conferences for the discussion of questions relating to education, and

(b) expend such sums as may be reasonable in paying, or contributing towards, any expenditure incurred in connection with conferences for the discussion of such questions, including the expenses of any person authorised by them to attend such a conference.

Plans relating to children with behavioural difficulties

Duty of local authority to prepare plan relating to children with behavioural difficulties.

527A

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

Disability statements relating to further education

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

528

Acquisition and holding of property

Power to accept gifts on trust for educational purposes.

529

(1) A local authority may accept, hold and administer any property on trust for purposes connected with education.

(1A) Any intention on the part of a local authority in England that a school should be vested in the authority as trustees shall be treated for the purposes of sections 7, 10 and 11 of the Education and Inspections Act 2006 as an intention to establish a new community school, community special school or maintained nursery school (so that proposals for that purpose shall be published in accordance with those sections); and Schedule 2 to that Act (proposals for establishment or discontinuance of schools in England) shall apply accordingly.

(2) Any intention on the part of a local authority in Wales that a school ... should be vested in the authority as trustees shall be treated for for the purposes of sections 28 and 31 of the School Standards and Framework Act 1998 41 and 44 of the School Standards and Organisation (Wales) Act 2013 as an intention to establish a new community school, community special school or maintained nursery school (so that proposals for that purpose shall be published as required by those sections); and Schedule 6 to that Act (statutory proposals concerning schools in Wales and sections 48 to 55 of, and Schedule 3 to, that Act (school organisation proposals : procedure and implementation) shall apply accordingly.

(3) Any school which in accordance with subsection (1A) or (2) is vested in a local authority as trustees shall be a community school. , a community special school or a maintained nursery school.

Compulsory purchase of land.

530

(1) The Secretary of State may authorise a local authority to purchase compulsorily any land (whether within or outside their area) which—

(a) is required for the purposes of any school or institution which is, or is to be, maintained by them or which they have power to assist, or

(b) is otherwise required for the purposes of their functions under this Act, or

(2) The Secretary of State shall not authorise the compulsory purchase of any land required for the purposes of a foundation, voluntary or foundation special school unless he is satisfied that the arrangements made—

(a) as to the vesting of the land to be purchased, and

(b) as to the appropriation of that land for the purposes of the school,

are such as to secure that the expenditure ultimately borne by the local authority will not include any expenditure which, if the land had been purchased by the governing body of the school, would have fallen to be borne by the governing body.

(3) Subsection (2) shall not, however, apply where the local authority propose that expenditure to be incurred in connection with the purchase should ultimately be borne by them—

(a) in the case of an authority in England, ... under any provision of regulations under section 24 of the Education and Inspections Act 2006 (implementation of proposals under section 19 of that Act) which by virtue of subsection (7) of section 24 of that Act authorises a local authority to provide assistance to the governing body of a voluntary aided school in connection with the implementation of the obligations of the governing body under the regulations, or

(b) in the case of an authority in Wales, under paragraph 18 of Schedule 6 to the School Standards and Framework Act 1998 (power to give assistance to governing body of voluntary aided school in carrying out statutory proposals) (including that provision as applied by any enactment). paragraph 9 of Schedule 3 to the School Standards and Organisation (Wales) Act 2013 (assistance in respect of maintenance and other obligations relating to voluntary aided schools) ...

(4) In this section “land” includes buildings and other structures and land covered with water.

Acquisition of land by agreement.

531

(1) For the removal of doubt, it is declared that making land available for the purposes of a school or institution—

(a) which is, or is to be, maintained by a local authority, or

(b) which such an authority have power to assist,

is a function of the authority within the meaning of section 120 of the Local Government Act 1972 (which relates to the acquisition by a local authority by agreement of land for the purpose of any of their functions), even though the land will not be held by the authority.

(2) A local authority shall not acquire by agreement any land required for the purposes of foundation, voluntary or foundation special school unless they are satisfied that the arrangements made—

(a) as to the vesting of the land to be acquired, and

(b) as to the appropriation of that land for the purposes of the school,

are such as to secure that the expenditure ultimately borne by them will not include any expenditure which, if the land had been acquired by the governing body of the school, would have fallen to be borne by the governing body.

Appointment of chief education officer

Appointment of chief education officer.

532

The duties of a local authority in Wales under the Local Government Act 1972 with respect to the appointment of officers shall (without prejudice to the generality of the provisions of that Act) include the duty of appointing a fit person to be the chief education officer of the authority.

Direct payments

Persons with special educational needs ...

532A

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

Pilot schemes

532B

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

Pilot schemes: local authorities and duration

532C

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Chapter III — Ancillary functions of governing bodies

Provision of services

Functions of governing bodies of maintained schools with respect to provision of school meals etc.

533

(1) The governing body of any school maintained by a local authority shall—

(a) afford the authority such facilities as they require to enable them to perform their functions under section 512, and

(b) allow the authority to make such use of the premises and equipment of the school, and such alterations to the school buildings, as the authority consider necessary for that purpose.

(2) Nothing in subsection (1) shall require the governing body of any such school to incur any expenditure.

(3) Where the governing body of a school which has a delegated budget (within the meaning of Part II of the School Standards and Framework Act 1998) provide pupils or other persons who receive education at the school with milk, meals or other refreshment, they may charge for anything so provided.

(3A) Where the governing body of a school in England exercise the power to charge under subsection (3), the price they charge for an item must not exceed the cost of providing that item.

(4) Where the governing body of a school exercise the power to charge under subsection (3), they must charge every person the same price for the same quantity of the same item.

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

534

Provision of teaching services for day nurseries.

535

(1) Subject to subsection (2), the governing body of a community, foundation or voluntary primary school having one or more nursery classes may, in accordance with arrangements made by them for that purpose, make available to a day nursery in England or Wales or to a registered early years provider in England the services of any teacher who is employed by them in the school and has agreed to provide his services for the purposes of the arrangements.

(2) No arrangements shall be made under subsection (1) except at the request of the local authority and on terms approved by them.

(3) Arrangements under this section may make provision—

(a) for the supply of equipment for use in connection with the teaching services made available under the arrangements,

(b) for regulating the respective functions of any teacher whose services are made available under the arrangements, the head teacher of his school and the person in charge of the day nursery or (as the case may be) the registered early years provider , and

(i) in relation to England, any charges to be imposed in connection with the arrangements, and

(ii) in relation to Wales, where the teacher's school and the day nursery are in the areas of different local authorities , financial adjustments between those authorities.

(4) In this section—

“day nursery” means a day nursery provided under section 18 of the Children Act 1989 (provision by local authorities of day care for pre-school and other children) or sections 37 to 39 of the Social Services and Well-being (Wales) Act 2014 (meeting care and support needs of children);

“registered early years provider” means a person registered under Part 3 of the Childcare Act 2006.

(5) A teacher shall not be regarded as ceasing to be a member of the teaching staff of his school and subject to the general directions of his head teacher by reason only of his services being made available in pursuance of arrangements under this section.

Medical arrangements

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536

Chapter IV — Provision of information by governing bodies etc.

Power of Secretary of State to require information from governing bodies etc.

537

(1) The Secretary of State may by regulations make provision requiring—

(a) the governing body of every school which is—

(i) maintained by a local authority, or

(ii) a special school which is not maintained by such an authority, and

(b) the proprietor of every

(i) independent school, or

(ii) alternative provision Academy which is not an independent school,

to provide such information about the school as may be prescribed.

(2) For the purposes of this section information about the continuing education of pupils leaving a school, or the employment or training taken up by such pupils on leaving, is to be treated as information about the school.

(3) Where the Secretary of State exercises his power to make regulations under this section he shall do so with a view to making available information which is likely to—

(a) assist parents in choosing schools for their children;

(b) increase public awareness of the quality of the education provided by the schools concerned and of the educational standards achieved in those schools; or

(4) Information which is required by virtue of regulations under this section shall be provided—

(a) in such form and manner,

(b) on such occasions, and

as may be prescribed ; and regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Secretary of State is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement of such regulations relating to the provision of information to the Secretary of State..

(5) No information provided in accordance with regulations under this section shall name any pupil to whom it relates.

(6) The Secretary of State may—

(a) publish information provided in accordance with regulations under this section in such form and manner as he considers appropriate;

(b) make arrangements for such information to be published in such form and manner, and by such persons, as he may specify for the purposes of this section;

(c) make regulations requiring local authorities to publish prescribed categories of such information, together with such supplementary information as may be prescribed, in such form and manner as may be prescribed.

(7) The Secretary of State may make regulations requiring—

(a) the governing body of any school which is maintained by a local authority . . .,

(b) the proprietor of any city technology college , city college for the technology of the arts or Academy, or

to provide prescribed persons with prescribed categories of information published under subsection (6).

(8) Information provided under subsection (7) shall be provided in such form and manner as may be prescribed.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) Without prejudice to the generality of section 569(4), regulations under this section may make provision for the designation by the Secretary of State, in accordance with the regulations, of particular schools or classes of schools for the purposes of the application of particular provisions of the regulations in relation to such schools.

(12) This section is not to be taken as restricting, or otherwise affecting, any other powers that the Secretary of State may have to make regulations with respect to, or otherwise to require, the provision of information by any person.

(13) This section does not apply to nursery schools.

Provision of information about individual pupils.

537A

(1) Regulations may make provision requiring—

(a) the governing body of every school which is—

(i) maintained by a local authority, or

(ii) a special school which is not maintained by such an authority, and

(b) the proprietor of every

(i) independent school, or

(ii) alternative provision Academy that is not an independent school,

to provide to the relevant person such individual pupil information as may be prescribed.

(2) In subsection (1) “the relevant person” means one or more of the following—

(a) the Secretary of State, and

(b) any prescribed person.

(3) Where any person within paragraph (b) of subsection (2) receives information by virtue of subsection (1), the Secretary of State may require that person to provide any such information—

(a) to him, or

(b) to any prescribed person.

(4) The Secretary of State may provide any individual pupil information—

(a) to any information collator,

(b) to any prescribed person, or

(5) Any information collator—

(a) may provide any individual pupil information—

(i) to the Secretary of State,

(ii) to any other information collator, or

(iii) to the governing body or proprietor of the school attended by the pupil or pupils to whom the information relates; and

(b) may, at such times as the Secretary of State may determine, provide such individual pupil information as may be prescribed—

(i) to any prescribed person, or

(ii) to any person falling within a prescribed category.

(6) Any person holding any individual pupil information (other than the Secretary of State or an information collator) may provide that information to—

(a) the Secretary of State,

(b) any information collator, or

(7) No information received under or by virtue of this section shall be published in any form which includes the name of the pupil or pupils to whom it relates.

(8) Regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Secretary of State is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement imposed by or by virtue of any such provision and relating to the provision of information to the Secretary of State.

(9) In this section—

“individual pupil information” means information relating to and identifying individual pupils or former pupils at any school within subsection (1), whether obtained under subsection (1) or otherwise;

“information collator” means any body which, for the purposes of or in connection with the functions of the Secretary of State relating to education, is responsible for collating or checking information relating to pupils.

Provision of information about children receiving funded education outside school

537B

(1) Regulations may make provision requiring a person who provides funded education to provide to the relevant person such individual child information as may be prescribed.

(2) In subsection (1), “the relevant person” means one or more of the following—

(a) the Secretary of State, and

(b) any prescribed person.

(3) Where any person within paragraph (b) of subsection (2) receives information by virtue of subsection (1), the Secretary of State may require that person to provide any such information—

(a) to him, or

(b) to any prescribed person.

(4) The Secretary of State may provide any individual child information—

(a) to any information collator,

(b) to any prescribed person, or

(5) Any information collator—

(a) may provide any individual child information—

(i) to the Secretary of State,

(ii) to any other information collator, or

(iii) to the person who provides the funded education for the child or children to whom the information relates, and

(b) may, at such times as the Secretary of State may determine, provide such individual child information as may be prescribed—

(i) to any prescribed person, or

(ii) to any person falling within a prescribed category.

(6) Any person holding any individual child information (other than the Secretary of State or an information collator) may provide that information to—

(a) the Secretary of State,

(b) any information collator, or

(7) No information received under or by virtue of this section shall be published in any form which includes the name of the child or children to whom it relates.

(8) Regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Secretary of State is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement imposed by or by virtue of any such provision and relating to the provision of information to the Secretary of State.

(9) In this section—

“child” means a person under the age of 19;

“funded education” means education provided under arrangements made by a local authority in pursuance of the duties imposed by section 19(1) and (4) or section 19A(1) and (4) (duty to make special arrangements for provision of education for children of compulsory school age and young persons who may otherwise not receive suitable education), other than such education provided at a school;

“individual child information” means information relating to and identifying individual children for whom funded education is being or has been provided, whether obtained under subsection (1) or otherwise;

“information collator” means any body which, for the purposes of or in connection with the functions of the Secretary of State relating to funded education, is responsible for collating or checking information relating to children for whom such education is provided.

Disclosure of information by or to principal regulators of exempt charities

537C

(1) Nothing in any provision made by or under section 537, 537A or 537B requires or authorises the provision of information—

(a) by the principal regulator of an exempt charity (within the meaning of section 25 of the Charities Act 2011), if the information was received by that principal regulator in its capacity as such; or

(b) to the principal regulator of an exempt charity in its capacity as such.

(2) Nothing in subsection (1) prevents the disclosure of information under section 56 or 57 of the Charities Act 2011.

Provision of information to Secretary of State by governing bodies of maintained schools.

538

The governing body or temporary governing body of a community, foundation or voluntary school or a community or foundation special school shall make such reports and returns, and give such information, to the Secretary of State as he may require for the purpose of the exercise of his functions in relation to education.

Power to direct participation in international surveys

538A

The Secretary of State may direct the governing body of a community, foundation or voluntary school in England to secure that the school participates in such international education surveys as may be specified in the direction.

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539

Distribution of information about schools providing secondary education.

540

(1) Where the governing body of any school providing primary education receive a request which—

(a) is made by the governing body of any school providing secondary education, and

(b) relates to the distribution of information about the school providing secondary education to parents of pupils at the school providing primary education without charge to those parents,

the governing body of that school shall secure that the request is treated no less favourably (whether as to services provided or as to the terms on which they are provided) than any such request made by the governing body of any other school providing secondary education.

(2) In this section “school” means—

(a) any community, foundation or voluntary school, or

(b) any community or foundation special school (which is not established in a hospital).

Distribution of information about further education institutions.

541

(1) The Secretary of State may by regulations require—

(a) the governing body of any school providing secondary education, and

(b) the proprietor of any city technology college , city college for the technology of the arts or Academy,

to provide such persons as may be prescribed with such categories of information falling within subsection (2) as may be prescribed.

(2) Information falls within this subsection if it is—

(a) published under section 50 of the Further and Higher Education Act 1992 (information with respect to institutions within the further education sector), and

(b) made available to governing bodies and proprietors for distribution.

(3) Information provided under subsection (1) shall be provided in such form and manner as may be prescribed.

(4) In this section “school” means—

(a) any community, foundation or voluntary school, or

(b) any community or foundation special school (which is not established in a hospital).

Part X — Miscellaneous and general

Chapter I — Educational premises

Required standards for educational premises

Prescribed standards for school premises.

542

(1) Regulations shall prescribe the standards to which the premises of schools maintained by local authorities . . . are to conform; and without prejudice to the generality of section 569(4) different standards may be prescribed for such descriptions of schools as are specified in the regulations.

(2) Where a school is maintained by a local authority , the authority shall secure that the school premises conform to the prescribed standards.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) subsection (2) has effect subject to section 543.

Relaxation of prescribed standards in special cases.

543

(1) Where subsection (2), (3) , (4) or (4A) applies in relation to a school, the Secretary of State may direct that, despite the fact that the prescribed requirement referred to in that subsection is not satisfied, the school premises shall be taken, as respects the matters specified in the direction, to conform to the standards prescribed under section 542 so long as—

(a) the direction remains in force, and

(b) any conditions specified in the direction as respects those matters are observed.

(2) This subsection applies if the Secretary of State is satisfied, having regard—

(a) to the nature of the school’s existing site,

(b) to any existing buildings on the site, or

that it would be unreasonable to require conformity with any prescribed requirement as to any matter.

(3) This subsection applies if—

(a) the school is to have an additional or new site, and

(b) the Secretary of State is satisfied, having regard to the shortage of suitable sites, that it would be unreasonable to require conformity with any prescribed requirement relating to sites.

(4) This subsection applies if—

(a) the school is to have additional buildings, or is to be transferred to a new site,

(b) existing buildings not previously part of the school premises, or temporary buildings, are to be used for that purpose, and

(c) the Secretary of State is satisfied, having regard to the need to control public expenditure in the interests of the national economy, that it would be unreasonable to require conformity with any prescribed requirement relating to buildings.

(4A) This subsection applies, in relation to any playing fields used by the school for the purposes of the school, if the Secretary of State is satisfied that, having regard to other facilities for physical education available to the school, it would be unreasonable to require conformity with any prescribed requirement relating to playing fields.

In this subsection “playing fields” has the same meaning as in section 77 of the School Standards and Framework Act 1998 (control of disposals or changing use of school playing fields).

(5) In this section “prescribed requirement” means a requirement of regulations under section 542.

Approval etc. of school premises and boarding hostels.

544

(1) Regulations may make provision requiring the Secretary of State’s approval . . . to be obtained for the provision of new premises for, or the alteration of the premises of—

(a) any school to which this section applies, or

(b) any boarding hostel provided by a local authority for persons receiving education at any such school.

(2) Regulations may make provision for the inspection of any such hostel.

(3) The schools to which this section applies are—

(a) any school maintained by a local authority, and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemption from building byelaws of approved buildings.

545

(1) Where plans for, or particulars in respect of, a building required for the purposes of any school or other educational institution are approved by the Secretary of State, he may by order direct that any provision of a local Act or of a byelaw made under such an Act—

(a) shall not apply in relation to the building, or

(b) shall apply in relation to it with such modifications as may be specified in the order.

(2) The reference in subsection (1) to plans or particulars approved by the Secretary of State includes a reference to—

(a) particulars submitted to and approved by him under regulations under section 544 ..., . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Control of potentially harmful materials and apparatus

Control of potentially harmful materials and apparatus in schools.

546

(1) Regulations may make provision for requiring the Secretary of State’s approval to be obtained for the use in schools to which this section applies of such materials or apparatus as may be specified in the regulations, being materials or apparatus which could or might involve a serious risk to health.

(2) The schools to which this section applies are—

(a) any school maintained by a local authority, and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Nuisance or disturbance on school premises

Nuisance or disturbance on school premises.

547

(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 local authority, . . .

(aa) any special school not so maintained, ...

(ab) any independent school, and

(ac) any alternative provision Academy that is not an independent school

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) This section also applies to any premises which are—

(a) provided by a local authority under section 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 the 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.

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

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

(b) in relation to—

(i) premises of any other school maintained by a local authority, and

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

a local authority, and

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

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

(6) 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 local 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 local authority, or

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

a local authority, and

(c) in relation to an offence committed on premises of a special school which is not so maintained or of an independent school, 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 local authority may not bring proceedings for an offence under this section committed on premises of a foundation, voluntary or foundation special school without first obtaining the consent of the governing body.

Chapter II — PUNISHMENT AND RESTRAINT OF PUPILS

Corporal punishment

No right to give corporal punishment.

548

(1) Corporal punishment given by, or on the authority of, a member of staff to a child—

(a) for whom education is provided at any school, or

(b) for whom education is provided, otherwise than at school, under any arrangements made by a local authority, or

cannot be justified in any proceedings on the ground that it was given in pursuance of a right exercisable by the member of staff by virtue of his position as such.

(2) Subsection (1) applies to corporal punishment so given to a child at any time, whether at the school or other place at which education is provided for the child, or elsewhere.

(3) The following provisions have effect for the purposes of this section.

(4) Any reference to giving corporal punishment to a child is to doing anything for the purpose of punishing that child (whether or not there are other reasons for doing it) which, apart from any justification, would constitute battery.

(5) However, corporal punishment shall not be taken to be given to a child by virtue of anything done for reasons that include averting—

(a) an immediate danger of personal injury to, or

(b) an immediate danger to the property of,

any person (including the child himself).

(6) “Member of staff”, in relation to the child concerned, means—

(a) any person who works as a teacher at the school or other place at which education is provided for the child, or

(b) any other person who (whether in connection with the provision of education for the child or otherwise)—

(i) works at that school or place, or

(ii) otherwise provides his services there (whether or not for payment),

and has lawful control or charge of the child.

(7) “Child” (except in subsection (8)) means a person under the age of 18.

(8) “Specified early years education” means—

(a) in relation to England, early years provision as defined by section 20 of the Childcare Act 2006 which is

(i) provided under arrangements made by a local authority in England in pursuance of the duty imposed by section 7 of that Act (whether or not the local authority provides the early years provision); or

(ii) provided under arrangements made by a local authority in pursuance of any duty imposed under section 2 of the Childcare Act 2016 (whether or not the local authority provides the early years provision),

(b) in relation to Wales, full-time or part-time education suitable for children who have not attained compulsory school age which is provided—

(i) by a local authority in Wales, or

(ii) by any other person who is in receipt of financial assistance given by such an authority under arrangements made by them in pursuance of the duty imposed by section 118 of the School Standards and Framework Act 1998.

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

549

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550

Power to restrain pupils

Power of members of staff to restrain pupils.

550A

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Powers to search pupils

Power of members of staff to search pupils for prohibited items: England

550ZA

(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;

(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;

(ea) an article that the member of staff reasonably suspects has been, or is likely to be, used—

(i) to commit an offence, or

(ii) to cause personal injury to, or damage to the property of, any person (including P);

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

(g) any other item which the school rules identify as an item for which a search may be made.

(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.

(4A) In subsection (3)(ea)(i), “offence” includes anything that would be an offence but for the operation of any presumption that a person under a particular age is incapable of committing an offence.

(4B) In subsection (3)(g), the “school rules” means—

(a) in the case of a maintained school or a non-maintained special school, rules in force at the school that are made under measures determined and publicised by the head teacher under section 89 of the Education and Inspections Act 2006;

(b) in the case of any other school, measures relating to discipline in the school that are determined and publicised in accordance with regulations.

(4C) In subsection (4B)(a)—

“maintained school” means—a community, foundation or voluntary school,a community or foundation special school,a maintained nursery school, ora pupil referral unit;

“non-maintained special school” means a school that is approved under section 342.

(5) In this section and section 550ZB—

“member of staff”, in relation to a school, means—any teacher who works at the school; andany other person who, with the authority of the head teacher, has lawful control or charge of pupils for whom education is being provided at the school;

“possessions”, in relation to P, includes any goods over which P has or appears to have control.

(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.

Power of search under section 550ZA: supplementary

550ZB

(1) A person may carry out a search under section 550ZA only if that person—

(a) is the head teacher of the school; or

(b) has been authorised by the head teacher 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 550ZA generally;

(b) a particular search under that section;

(3) Nothing in any enactment, instrument or agreement shall be construed as authorising a head teacher of a school in England to require a person other than a member of the security staff of the school to carry out a search under section 550ZA.

(4) A search under section 550ZA may be carried out only where—

(a) the member of staff and P are on the premises of the school; or

(b) they are elsewhere and the member of staff has lawful control or charge of P.

(5) A person exercising the power in section 550ZA to search for an item within section 550ZA(3)(a) to (f) may use such force as is reasonable in the circumstances for exercising that power.

(6) A person carrying out a search of P under section 550ZA—

(a) may not require P to remove any clothing other than outer clothing;

(b) must be of the same sex as P, 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 P 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 P or in the presence of another member of staff (as the case may be).

(7) P's possessions may not be searched under section 550ZA except in the presence of—

(a) P; 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 a school, means a member of staff whose work at the school consists wholly or mainly of security-related activities;

“outer clothing” means—any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; ora hat, shoes, boots, gloves or a scarf.

Power to seize items found during search under section 550ZA

550ZC

(1) A person carrying out a search under section 550ZA may seize any of the following found in the course of the search—

(a) anything which that person has reasonable grounds for suspecting is a prohibited item;

(b) any other thing which that person has reasonable grounds for suspecting is evidence in relation to an offence.

(2) A person exercising the power in subsection (1) to seize an item within section 550ZA(3)(a) to (f) or anything within subsection (1)(b) may use such force as is reasonable in the circumstances for exercising that power.

(3) A person who seizes alcohol under subsection (1) may retain or dispose of the alcohol and its container.

(4) A person who seizes a controlled drug under subsection (1)—

(a) must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but

(b) may dispose of it if the person thinks that there is a good reason to do so.

(5) A person who seizes a stolen article under subsection (1)—

(a) must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but

(b) may return it to its owner (or, if returning it to its owner is not practicable, may retain it or dispose of it) if the person thinks that there is a good reason to do so.

(6) In determining, for the purposes of subsections (4) and (5), whether there is a good reason to dispose of a controlled drug or to return a stolen article to its owner, retain it or dispose of it, the person must have regard to any guidance issued by the Secretary of State.

(6A) A person who seizes an item that is a prohibited item by virtue of section 550ZA(3)(ea) (article used in commission of offence or to cause personal injury or damage to property) under subsection (1) must—

(a) deliver the item to a police constable as soon as reasonably practicable,

(b) return the item to its owner,

(d) dispose of the item.

(6B) A person who seizes an item that is a prohibited item by virtue of section 550ZA(3)(g) (item for which search may be made under school rules) under subsection (1) must return it to its owner, retain it or dispose of it.

(6C) In deciding what to do with an item under subsection (6A) or (6B), the person who seized it must have regard to guidance issued for the purpose of this section by the Secretary of State.

(6D) Subsections (6E) and (6F) apply to an item that—

(a) has been seized under subsection (1),

(b) is a prohibited item by virtue of section 550ZA(3)(ea) or (g), and

(6E) The person who seized the item may examine any data or files on the device, if the person thinks there is a good reason to do so.

(6F) Following an examination under subsection (6E), if the person has decided to return the item to its owner, retain it or dispose of it, the person may erase any data or files from the device if the person thinks there is a good reason to do so.

(6G) In determining whether there is a good reason for the purposes of subsection (6E) or (6F), the person must have regard to any guidance issued for the purposes of this section by the Secretary of State.

(7) Regulations may prescribe what must or may be done by a person who, under subsection (1), seizes an article of a kind specified in regulations under section 550ZA(3)(f) (or an article which the person has reasonable grounds for suspecting to be such an article).

(8) A person who, under subsection (1), seizes—

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

(b) an offensive weapon; or

must deliver it to a police constable as soon as reasonably practicable.

(9) Subsection (8)(c) is subject to subsections (3), (4), (5) and (6A) and regulations made under subsection (7).

(10) In subsections (3) to (8), references to alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies and an offensive weapon include references to anything which the person has reasonable grounds for suspecting is alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies or an offensive weapon.

Section 550ZC: supplementary

550ZD

(1) The Police (Property) Act 1897 (disposal of property in the possession of the police) applies to property which has come into the possession of a police constable under section 550ZC(4)(a), (5)(a), (6A)(a) or (8) as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.

(2) Subsection (3) applies where a person—

(a) seizes, retains or disposes of an item within subsection (2A) under section 550ZC; and

(b) proves that the seizure, retention or disposal was lawful.

(2A) The items referred to in subsection (2)(a) are—

(a) alcohol or its container;

(b) a controlled drug;

(d) an item that is a prohibited item by virtue of section 550ZA(3)(ea) or (g).

(2B) Subsection (3) also applies where a person—

(a) erases data or a file from an electronic device under section 550ZC(6F); and

(b) proves that the erasure was lawful.

(3) That person is not liable in any proceedings in respect of—

(a) the seizure, retention, disposal or erasure; or

(b) any damage or loss which arises in consequence of it.

(4) Subsections (2), (2B) and (3) do not prevent any person from relying on any defence on which the person is entitled to rely apart from those subsections.

(5) Regulations under section 550ZC(7) may make provision corresponding to any provision of this section.

Power of members of staff to search pupils for weapons : Wales

550AA

(1) A member of the staff of a school in Wales who has reasonable grounds for suspecting that a pupil at the school may have with him or in his possessions—

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

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

may search that pupil or his possessions for such articles and weapons.

(2) A search under this section may be carried out only where—

(a) the member of the staff and the pupil are on the premises of the school; or

(b) they are elsewhere and the member of the staff has lawful control or charge of the pupil.

(3) A person may carry out a search under this section only if—

(a) he is the head teacher of the school; or

(b) he has been authorised by the head teacher to carry out the search.

(4) Nothing in any enactment, instrument or agreement shall be construed as authorising a head teacher of a school in Wales to require a person other than a member of the security staff of the school to carry out a search under this section.

(5) A person who carries out a search of a pupil under this section—

(a) may not require the pupil to remove any clothing other than outer clothing;

(b) must be of the same sex as the pupil; and

(c) may carry out the search only in the presence of another member of the staff who is also of the same sex as the pupil.

(6) A pupil's possessions may not be searched under this section except in his presence and in the presence of another member of the staff.

(7) If, in the course of a search under this section, the person carrying out the search finds—

(a) anything which he has reasonable grounds for suspecting falls within subsection (1)(a) or (b), or

(b) any other thing which he has reasonable grounds for suspecting is evidence in relation to an offence,

he may seize and retain it.

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