# Education and Inspections Act 2006, Section 108: Removal of excluded pupils to designated premises

Extent: E+W

(1) Section 16 of the Crime and Disorder Act 1998 (c. 37) (removal of truants to designated premises) is amended in accordance with subsections (2) to (6).
(2) In subsection (2)—
(a) for “subsection (3)” substitute “ subsections (3) and (3ZA) ”, and
(b) for “that subsection” substitute “ each of those subsections ”.
(3) After subsection (3) insert—
“(3ZA) 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 and during school hours—
(a) is of compulsory school age,
(b) has been excluded on disciplinary grounds from a relevant school for a fixed period or permanently,
(c) remains excluded from that school,
(d) has not subsequently been admitted as a pupil to any other school, and
(e) has no reasonable justification for being in the public place,
the constable may remove the child or young person to designated premises.”
(4) After subsection (3A) insert—
“(3B) In subsection (3ZA), “school hours” means any time during a school session of the school referred to in paragraph (b) of that subsection or during a break between sessions of that school on the same day.”
(5) In subsection (5), after the definition of “public place” insert—
““relevant school” has the meaning given by section 111 of the Education and Inspections Act 2006;”.
(6) In the heading, after “truants” insert “ and excluded pupils ”.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Source: https://www.legislation.gov.uk/ukpga/2006/40/section/108 (the official version)
Page: https://openlegislation.uk/education-and-inspections-act-2006/section-108
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.