Explanatory note

These Regulations, made under section 550ZA(4B)(b) of the Education Act 1996, set out the processes that the principal of an Academy school or alternative provision Academy must follow where they wish to determine measures that identify items for which a pupil may be searched without the pupil’s consent. The processes broadly mirror those for maintained schools and non-maintained special schools under section 89 of the Education and Inspections Act 2006.

Regulation 2 sets out the process that the principal of the Academy must follow in determining the measures. The principal must have regard to any guidance given by the proprietor of the Academy and when determining the measures must consult the proprietor, members of staff, registered pupils and their parents.

Regulation 3 sets out the process that the principal must follow in publicising the measures. The measures must be contained in a written document. The proprietor must take steps to make the measures generally known within the Academy, amongst parents of registered pupils at the Academy and at least annually bring the measures to the attention of registered pupils, their parents and members of staff.

An impact assessment has not been produced for this instrument because it has no impact on businesses, the public sector or civil society organisations.