OpenLegislation

The Further Education Institutions and 16 to 19 Academies (Specification and Disposal of Articles) Regulations 2012

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2012, ISBN 9780111523995

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 89(3A) of the Further and Higher Education Act 1992, for approval by resolution of each House of Parliament.

Education, England

Made 2012

Coming into force 1st September 2012

The Secretary of State, makes the following Regulations in exercise of the powers conferred by sections 85AA(3)(f), 85AC(7) and 89(4) of the Further and Higher Education Act 1992f1:

In accordance with section 89(3A) of that Actf2, a draft of this instrument was laid before, and approved by a resolution of, each House of Parliament.

Annotations to the whole text

Footnotes

f1

1992 c. 13. Sections 85AA and 85AC were inserted by section 244(1) of the Apprenticeships, Skills, Children and Learning Act 2009 (c.22) and were amended by sections 3(2), 3(4) and 54(1) of and paragraph 8 of Schedule 13 to the Education Act 2011 (c.21). See section 90(5) of the 1992 Act and section 579 of the Education Act 1996 (c. 56) for the definition of “regulations”.

f2

Subsection (3A) of section 89 of the 1992 Act was inserted by section 244(2) of the Apprenticeships, Skills, Children and Learning Act 2009.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Prohibited items
  4. 4Disposal of articles
  5. Signature
  6. Explanatory note

1Citation and commencement

These Regulations may be cited as the Further Education Institutions and 16-19 Academies (Specification and Disposal of Articles) Regulations 2012 and come into force on 1st September 2012.

2Interpretation

In these Regulations—

  • “the 1992 Act” means the Further and Higher Education Act 1992;

  • “firework” means a device within the meaning of section 1 (introduction) of the Fireworks Act 2003f1;

  • “image” means—

    1. (a)

      a moving or still image (produced by any means), or

    2. (b)

      data (stored by any means) which is capable of conversion into an image within sub-paragraph (a);

  • “pornographic image” means an article containing an image of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal;

  • “tobacco” includes the items listed in section 7(5) of the Children and Young Persons Act 1933f2.

3Prohibited items

(1)

Each of the following articles is a prohibited item for the purposes of sections 85AA and 85AC of the 1992 Act—

(a)

tobacco and cigarette papers;

(b)

a firework;

(c)

a pornographic image.

(2)

An article specified in paragraph (1) is not a prohibited item where the student who is suspected of having the item in his or her possession is aged 18 or over.

4Disposal of articles

(1)

Paragraphs (2) to (5) prescribe what must or may be done by a member of staff who, under section 85AC(1) of the 1992 Act, seizes an article specified in regulation 3.

(2)

In the case of tobacco and cigarette papers, the member of staff may retain or dispose of the tobacco or cigarette papers and its or their container.

(3)

In the case of a firework, the member of staff may retain or dispose of the firework and its container.

(4)

In the case of a pornographic image, the member of staff may dispose of the image unless the member of staff has reasonable grounds for suspecting that—

(a)

the image is an image to which section 62(2) (possession of prohibited images of children) of the Coroners and Justice Act 2009f1 applies; or

(b)

the image is an image to which section 63 (possession of extreme pornographic images) of the Criminal Justice and Immigration Act 2008f2 applies.

(5)

In the case of a pornographic image to which either paragraph (4)(a) or (b) applies, the member of staff must deliver it to a police constable as soon as is reasonably practicable.

Signature

Name

Minister of State for Further Education, Skills and Lifelong Learning

Department for Business, Innovation and Skills

Date

Explanatory note

(This note is not part of the Regulation)

These Regulations specify articles that members of staff in further education institutions and 16 to 19 Academies can search students for prohibited items without their consent, and make provision for their disposal.

Regulation 3 lists the specified articles that are prohibited items. These are tobacco and cigarette papers, fireworks, and pornography. These items are not prohibited items where the student suspected of possessing them is aged 18 or over.

Regulation 4 makes provision for the disposal of the specified articles. Cigarettes and fireworks may be kept or disposed of. Any pornography may be disposed of unless possession constitutes a specified offence. Where this is the case, it must be taken to the police as soon as is reasonably practicable.

No impact assessment has been produced for this instrument because no impact on the private, voluntary or public sector is foreseen.