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Further and Higher Education Act 1992

Type Public General Act
Publication 1992-03-06
Last updated 2024-08-01
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API

[^key-d6648df763d84eb1d4ad2c21008bdd42]: Words in s. 89(2) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 40(2)(c); S.I. 2012/924, art. 2

[^key-d75e91e0e54e902e13421a156ce613a2]: Words in s. 88 substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 38(a); S.I. 2012/924, art. 2

[^key-d793ba98868b0e890658eede6234619a]: Words in s. 53(2) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 24(b); S.I. 2012/924, art. 2

[^key-d8c5cd40065dc4bd704d492c3b85795f]: S. 90(2B) omitted (1.4.2006) by virtue of The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 27(b) (with art. 7)

[^key-d9f498beb8abf1a2090256c10d6d1655]: Words in s. 77(3) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 56(6), 124(5) (with ss. 55, 56(10)); S.I. 2018/1226, reg. 3(a) (with transitional and saving provisions in S.I. 2018/1225, reg. 2)

[^key-da231ef6dc35835934cf2e7e0e108930]: Words in s. 33C(3)(c) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 11(4)(a); S.I. 2012/924, art. 2

[^key-da62afa4d507b98c4317af4d97b50079]: S. 56A(9A)-(9C) inserted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(2)(f), 36(2)

[^key-db4c08a2a4e2461cb2d9bc7efb8dfb2c]: Words in s. 89(3) substituted (1.9.2014) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), s. 11(2), Sch. 2 para. 1(d)(iii); S.I. 2014/1706, art. 3(h)

[^key-dbf4347fcdf50b16b0229e601b09e910]: Words in s. 89(2) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 40(2)(b); S.I. 2012/924, art. 2

[^key-ddb2a4ef5aec22dbd06b318cee8aa774]: Words in s. 65(3) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 15(5)(a); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

[^key-dec874a4904b9acfb25b60b50a52016e]: Sch. 5 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(i)

[^key-df0685b025300508a529d10fab256fc5]: S. 56E(7B) inserted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(3)(e), 36(2)

[^key-df86280d91bdc9bf2da1ea1c8097d19d]: S. 62(5)(6) omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(6); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

[^key-e018f33591b07222ed4ec361d896627d]: S. 90(2A) omitted (1.4.2006) by virtue of The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 27(a) (with art. 7)

[^key-e1e606287077a3b3afed2ede2eaa3c13]: Words in s. 82(2) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 23(3); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 10)

[^key-e3a073bf9a5d50340b0586ff8d3e3ec5]: S. 56A(7B) inserted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(2)(e), 36(2)

[^key-e3c3c5911eccac9d04abdbc0355cbe63]: S. 65 modified (temp.) (1.8.2024) by The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 4 and Transitory and Transitional Provisions) Order 2024 (S.I. 2024/806), art. 18(1)(3) (with art. 28)

[^key-e3dc7c8022ea9feb990ccfc13b97e30e]: Words in s. 66(1) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 16(2)(a); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

[^key-e4602013510066ebaf1fed71892ac1fe]: Words in s. 49B(2) substituted (1.8.2024) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 6(2)(a) (with s. 19); S.I. 2024/806, art. 2(k)(iv) (with art. 28)

[^key-e5e769f20e9bb80964079410f0cbcd3d]: Word in s. 89(2) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 11(2)(a); S.I. 2009/3317, art. 2, Sch.

[^key-e666c4d1e07e0834ee0b3f92bb198ee4]: Words in s. 85AC(9) substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(4)(b), 82(3); S.I. 2012/924, art. 2

[^key-e671341b3d24feeb81b133ea0b664237]: S. 62 heading substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(2); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

[^key-e6a2d9b5241ca35b958df27a30c8fc28]: S. 85A(2)(c) and word inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 8(2)(a); S.I. 2012/924, art. 2

[^key-e8ca2615073e04b7cd756df64e749c3e]: Words in s. 85C(1) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 8(5)(a); S.I. 2012/924, art. 2

[^key-e95cd203b6cc125880eeb77f90efe31d]: Sch. 4 substituted (1.9.2014) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), s. 11(2), Sch. 1; S.I. 2014/1706, art. 3(b)

[^key-e9f4d6ff738083ce11a48743b0ba0f3f]: S. 91(3)(c) and word inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 13(2); S.I. 2009/3317, art. 2, Sch.

[^key-ea830a332aafcc417e61e03d15cea769]: Words in s. 57(1) inserted (18.4.2008) by Further Education and Training Act 2007 (c. 25), s. 32(5), Sch. 1 para. 9(2); S.I. 2008/1065, art. 2(c)

[^key-ebd165fd4682fd38ae423ecc786953d1]: S. 69 omitted (1.8.2024 to the extent it omits section 69(1)(3)-(7)) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 6(3)(f) (with s. 19); S.I. 2024/806, art. 3(c)(ii) (with art. 28)

[^key-ec0d0fcad945dea87c3b5bad28579025]: S. 18(3)(c) modified (W.) (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 3(b)

[^key-ec9289918fdb75454008f8bbe0a801d2]: Words in s. 76(1)(b) repealed (1.10.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 259(1), 269(3), Sch. 16 Pt. 11; S.I. 2010/2413, art. 2(c) (with arts. 3-5)

[^key-ece2a9f807a7d2b898b3e2bc19776a0f]: Words in s. 77(2) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 56(5)(a), 124(5) (with ss. 55, 56(10)); S.I. 2018/1226, reg. 3(a) (with transitional and saving provisions in S.I. 2018/1225, reg. 2)

[^key-edebfad993f2483f73282e8d0666f465]: Words in s. 62(8) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 14(9); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

[^key-efa0f05d3013f9f1e9faead0f71424e9]: S. 85A(6)(c) and word inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 8(2)(c); S.I. 2012/924, art. 2

[^key-efafcb802a322013fae447cc357d3092]: S. 82(1)-(1B) omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 23(2); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 10)

[^key-efdcdb6498f2b832bd7d47c5a0e62b14]: S. 33F(7) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 13(b); S.I. 2012/924, art. 2

[^key-f03f7383d4f1b013e5cd73d915a1a964]: Words in s. 52(3) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 22(b)(i), Sch. 2 Pt. 1 (with art. 2(3))

[^key-f163a51e0172fe93f834d28bdf86cf16]: Words in s. 88(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(g)(i)

[^key-f1c8bd63bdf9191840339aec84b7a883]: Words in s. 19(4)(bc) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 57 (with s. 20(2), Sch. 8)

[^key-f2362ae604c8c9d9a90541a43d420259]: Words in s. 92 omitted (1.4.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 26(2); S.I. 2018/241, reg. 2(s)

[^key-f2495adb6426c1df7e863fb05ae270bc]: Act excluded (1.7.2004 for E., 31.3.2011 for W.) by Higher Education Act 2004 (c. 8), ss. 29(3), 52(1); S.I. 2011/297, art. 4(a)

[^key-f4dfca04d59264fe307b6e45f1dfcfa1]: Words in s. 65(1) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 15(3)(b); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2-4)

[^key-f4f3c36d7a639cb49dcd2afdca89b380]: Words in s. 57(2)(c) inserted (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 3(3); S.I. 2009/371, art. 2(2), Sch. Pt. 2

[^key-f5565dab1696ec265d3b688f0c828e5f]: Words in s. 28(1) substituted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 32(2)(a), 36(2)

[^key-f6a4af5157f727c891405af0dc76754a]: Words in s. 33C(2) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 11(2); S.I. 2012/924, art. 2

[^key-f6fa8b1ef685c1e68898ea432c93a2b4]: Words in s. 33M omitted (14.3.2012 immediately before the Charities Act 2011 (c. 25) comes into force) by virtue of The Charities (Pre-consolidation Amendments) Order 2011 (S.I. 2011/1396), art. 1, Sch. paras. 37(1)(2)(f)

[^key-f82f04fbf9af3f0244747a95bd0e227c]: Word in s. 88(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(g)(ii)

[^key-f867a22ec995facebb2ec9a2fbb81f8e]: Words in s. 91(5)(b) inserted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 4(a)(ii) (with reg. 45)

[^key-f88c0659d802088940bae7a9ad0e5102]: Words in s. 56A(3) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 25(3); S.I. 2012/924, art. 2

[^key-f8eab7e0d54418813a8fdb650aed6ddd]: S. 33 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(3)

[^key-f8fe09dbb4217ca14381cc39ebd0f1bf]: Words in s. 82(3)(a) inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 23(5)(d); S.I. 2018/241, reg. 2(s) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 10)

[^key-f95987b3365db90c6912f380b3a1fc60]: S. 85AD(2A)(2B) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(5)(c), 82(3); S.I. 2012/924, art. 2

[^key-f9c11a991b4cc4bf6df85a35386e4897]: Words in s. 82(2) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 36(3); S.I. 2012/924, art. 2

[^key-f9d905689c1409c9ec3cfdd64e3aefd9]: S. 77(1A) inserted (1.4.2019) by Higher Education and Research Act 2017 (c. 29), ss. 56(4), 124(5) (with ss. 55, 56(10)); S.I. 2018/1226, reg. 3(a) (with transitional and saving provisions in S.I. 2018/1225, reg. 2)

[^key-fa963f108cfdd8a9f7984228021cc621]: Words in s. 92 inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 14; S.I. 2009/3317, art. 2, Sch.

[^key-faa2f87aef42636dd7a4a158d04706a3]: Words in s. 31(3)(a) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 131 (with art. 10)

[^key-fae317c2b599fad314291531c62dd6d2]: S. 27C inserted (31.1.2019) by Technical and Further Education Act 2017 (c. 19), ss. 37(3), 47(2); S.I. 2018/1161, reg. 3(a)

[^key-fc22b57ec1a46d9034084f9bae58ecad]: S. 56E(9) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 30(8); S.I. 2012/924, art. 2

[^key-fc33274522cb5dde867d42ba88e550ff]: Words in s. 83(1B) table substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 37; S.I. 2012/924, art. 2

[^key-fc4d5c37b0f4dd71f9cefc3d3bba755f]: Word in s. 88A(1) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 4(5)(h)(i)

[^key-fd3ffcb3a95dde4b3bb4917d997ff354]: Words in s. 77(1) omitted (1.4.2019) by virtue of Higher Education and Research Act 2017 (c. 29), ss. 56(3)(b), 124(5) (with ss. 55, 56(10)); S.I. 2018/1226, reg. 3(a) (with transitional and saving provisions in S.I. 2018/1225, reg. 2)

[^key-fdd99362a57088837086069922e2b0e5]: S. 85AA(3)(ea) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 3(2), 82(3); S.I. 2012/924, art. 2

[^key-fdde5790589296af5993e1cd84dccfbf]: S. 76(1)(a) renumbered (1.5.2008) by Further Education and Training Act 2007 (c. 25), ss. 19(2)(a), 32(5); S.I. 2007/3505, art. 6

[^key-fdebbd2a5b3b1a7666ab22c02c9195f2]: S. 57(5A)(b) and word inserted (1.9.2014) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 5(2)(b), 11(2); S.I. 2014/1706, art. 3(e)

[^M_F_5bf351dd-4376-425f-f6dd-b3a8fe93636c]: Words in s. 82(3)(a) substituted (1.8.2024) by The Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments) Order 2024 (S.I. 2024/433), arts. 1(3), 3; S.I. 2024/806, art. 2(b) (with art. 28)

[^M_F_7454a27c-4c7d-4d86-c4bf-0af5456ea3e0]: Words in s. 89(4) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 11(3); S.I. 2010/303, art. 3, Sch. 2

[^M_F_9ccddb54-0675-47d6-affb-5cebd4550de8]: S. 82(2A) inserted (1.7.1999) by The Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756), art. 2, Sch. para. 13; S.I. 1998/3178, art. 3

[^M_F_bd575cbf-fc8f-4174-8527-6b26ecf45ddd]: S. 49A inserted (23.12.2007 for E.) by Further Education and Training Act 2007 (c. 25), ss. 22, 32(4); S.I. 2007/3505, art. 2(d)

88A
  • (1) A land transaction effected under or by virtue of section ... 27B, 27C, ... 33P or 34 of this Act is exempt from charge for the purposes of stamp duty land tax.
  • (2) Relief under this section must be claimed in a land transaction return or an amendment of such a return.
  • (3) In this section—
  • “land transaction” has the meaning given by section 43(1) of the Finance Act 2003;
  • “land transaction return” has the meaning given by section 76(1) of that Act.
85C
  • (1) A member of the staff of an institution which is within the further education sector or is a 16 to 19 Academy may use such force as is reasonable in the circumstances for the purpose of preventing a student at the institution from doing (or continuing to do) any of the following, namely—
  • (a) committing any offence,
  • (b) causing personal injury to, or damage to the property of, any person (including the student himself), or
  • (c) prejudicing the maintenance of good order and discipline at the institution or among any of its students, whether during a teaching session or otherwise.
  • (2) The power conferred by subsection (1) may be exercised only where—
  • (a) the member of the staff and the student are on the premises of the institution, or
  • (b) they are elsewhere and the member of the staff has lawful control or charge of the student.
  • (3) Subsection (1) does not authorise anything to be done in relation to a student which constitutes the giving of corporal punishment within the meaning of section 548 of the Education Act 1996.
  • (4) The powers conferred by subsection (1) are in addition to any powers exercisable apart from this section and are not to be construed as restricting what may lawfully be done apart from this section.
  • (5) In this section, “member of the staff”, in relation to an institution within the further education sector or a 16 to 19 Academy, means any person who works at that institution whether or not as its employee.
85B
  • (1) A member of staff of an institution within the further education sector in Wales who has reasonable grounds for suspecting that a student at the institution 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 student or his possessions for such articles and weapons.

  • (2) A search under this section may be carried out only where—
  • (a) the member of staff and the student are on the premises of the institution; or
  • (b) they are elsewhere and the member of staff has lawful control or charge of the student.
  • (3) A person may carry out a search under this section only if—
  • (a) he is the principal of the institution; or
  • (b) he has been authorised by the principal to carry out the search.
  • (4) A person who carries out a search of a student under this section—
  • (a) may not require the student to remove any clothing other than outer clothing;
  • (b) must be of the same sex as the student; and
  • (c) may carry out the search only in the presence of another member of staff who is also of the same sex as the student.
  • (5) A student’s possessions may not be searched under this section except in his presence and in the presence of another member of staff.
  • (6) 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.

  • (7) A person who exercises a power under this section may use such force as is reasonable in the circumstances for exercising that power.
  • (8) A person who seizes anything under subsection (6) must deliver it to a police constable as soon as reasonably practicable.
  • (9) The Police (Property) Act 1897 (disposal of property in the possession of the police) shall apply to property which has come into the possession of a police constable under this section as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.
  • (10) An authorisation for the purposes of subsection (3)(b) may be given either in relation to a particular search or generally in relation to searches under this section or to a particular description of such searches.
  • (11) In this section—
  • ‘member of staff’, in relation to an institution within the further education sector, means any person who works at that institution whether or not as its employee;
  • ‘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;
  • ‘possessions’, in relation to a student of an institution within the further education sector, includes any goods over which he has or appears to have control.
  • (12) The powers conferred by this section are in addition to any powers exercisable by the member of staff in question apart from this section and are not to be construed as restricting such powers.
49A
  • (1) In exercising their functions the governing body of an institution within the further education sector in Wales must have regard to any guidance given from time to time by the Welsh Ministers about consultation with—
  • (a) persons who are or are likely to become students of the institution, or
  • (b) employers,

in connection with the taking of decisions affecting them.

  • (2) Any guidance under this section about consultation with persons falling within paragraph (a) of subsection (1) must provide for the views of such a person to be considered in the light of his age and understanding.
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
56A
  • (1) This section applies if the Secretary of State is satisfied as to one or more of the matters listed in subsection (2) in the case of—
  • (a) an institution in England within the further education sector, other than a sixth form college, or
  • (b) an institution in England which is maintained by a local authority and provides further education, other than an institution within the higher education sector,

and, in either case, it is immaterial whether or not a complaint is made by any person.

  • (2) The matters are—
  • (a) that the institution's affairs have been or are being mismanaged by the institution's governing body;
  • (b) that the institution's governing body have failed to discharge any duty imposed on them by or for the purposes of any Act;
  • (c) that the institution's governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act;
  • (d) that the institution is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an acceptable standard of education or training.
  • (e) that the education or training provided by the institution did not, or does not, adequately meet local needs.
  • (2A) For the purposes of subsection (2)(e), the Secretary of State must take into account any approved local skills improvement plan that applied to the institution when the education or training was provided.
  • (2B) An approved local skills improvement plan applies to an institution if the institution provides English-funded post-16 technical education or training that is material to a specified area and the plan is for that area.
  • (2C) Terms used in subsection (2A) or (2B) and in section 1 of the Skills and Post-16 Education Act 2022 have the same meaning in those subsections as in that section.
  • (3) If this section applies the Secretary of State may do one or more of the things listed in subsection (6).
  • (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (5) At the same time as doing one or more of those things the Secretary of State must give the institution's governing body a notice stating—
  • (a) the matter or matters listed in subsection (2) as to which the Secretary of State is satisfied;
  • (b) the reasons why the Secretary of State is so satisfied;
  • (c) the reasons why the Secretary of State has decided to do that thing or those things.
  • (6) The Secretary of State may—
  • (a) remove all or any of the members of the institution's governing body;
  • (b) appoint new members of that body if there are vacancies (however arising);
  • (c) give to that body such directions as the Secretary of State thinks expedient as to the exercise of their powers and performance of their duties.
  • (7) The directions that may be given to a governing body under this section include —
  • (a) a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.
  • (b) a direction requiring a governing body to make a resolution under section 27A(1) , or take such other steps specified in the direction as may be required, for the body to be dissolved on a date specified in the direction.
  • (c) a direction requiring a governing body to transfer property, rights or liabilities specified in the direction, and take any other steps specified in the direction in connection with the transfer in relation to property, rights or liabilities so specified.
  • (7A) A governing body to which a direction is given requiring the body to make a resolution under section 27A(1)—
  • (a) is to be taken for the purposes of section 27A(1) to have complied with section 27 before making the resolution required by the direction, and
  • (b) must, unless the Secretary of State directs otherwise, exercise its powers under section 27B to transfer property, rights or liabilities on the dissolution date.
  • (7B) A direction under subsection (7)(c) requiring the transfer of property, rights or liabilities to a person specified in the direction may only be given with the consent of the person so specified.
  • (8) Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion.
  • (9) The Secretary of State may not give a direction to a governing body under subsection (6)(c) which relates to the dismissal of a member of staff.
  • (9A) Before giving a direction for the transfer of property, rights or liabilities under subsection (7)(c), the Secretary of State must consult the Competition and Markets Authority.
  • (9B) Part 3 of the Enterprise Act 2002 does not apply in relation to a merger that will result or has resulted from a direction under this section.
  • (9C) The Secretary of State may give financial assistance (by way of grant, loan, guarantee or any other form) to any person in connection with the giving of a direction under this section.
  • (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (11) A governing body must comply with any directions given to them under this section.
  • (12) An appointment of a member of a governing body under this section shall have effect as if made in accordance with the instrument of government and articles of government of the institution concerned.
56B

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56C

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57A

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Sixth form college corporations: England

33A
  • (1) The Secretary of State may by order designate a body corporate within subsection (2) as a sixth form college corporation, for the purpose of conducting an educational institution specified in the order.
  • (2) A body corporate is within this subsection if it is—
  • (a) a further education corporation established in respect of an institution in England, or
  • (b) a body corporate established by an order under section 143(4) of the Learning and Skills Act 2000 in respect of an institution in England.
  • (3) On the date specified in the order—
  • (a) a body corporate within subsection (2)(a) ceases to be a further education corporation and becomes a sixth form college corporation;
  • (b) a body corporate within subsection (2)(b) ceases to be subject to the order under section 143(4) of the Learning and Skills Act 2000 establishing it and becomes a sixth form college corporation;
  • (c) in the case of a body corporate within subsection (2)(b), a designation under section 28 which has effect in relation to the relevant sixth form college ceases to have effect.
  • (4) An order under subsection (1) may—
  • (a) make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;
  • (b) make provision as to the initial name of the corporation as a sixth form college corporation.
  • (5) The power conferred by subsection (1)—
  • (a) is exercisable only once;
  • (b) is not exercisable after the date specified in an order made by the Secretary of State.
33B
  • (1) The Secretary of State may by order designate a body corporate within subsection (2) as a sixth form college corporation, for the purpose of conducting an educational institution specified in the order.
  • (2) A body corporate is within this subsection if it is—
  • (a) a further education corporation established in respect of an institution in England, or
  • (b) a body corporate established by an order under section 143(4) of the Learning and Skills Act 2000 in respect of an institution in England.
  • (3) An order under subsection (1) may be made only if—
  • (a) an application for the order has been made by the governing body of the institution mentioned in subsection (2)(a) or (b), and
  • (b) the institution is one within subsection (4).
  • (4) An institution is within this subsection if it appears to the Secretary of State that on the date on which the application is made at least 80% of its total enrolment number will be persons over compulsory school age but under 19.
  • (5) The total enrolment number of an institution is to be calculated in accordance with paragraph 1(2) of Schedule 3.
  • (6) On the date specified in the order—
  • (a) a body corporate within subsection (2)(a) ceases to be a further education corporation and becomes a sixth form college corporation;
  • (b) a body corporate within subsection (2)(b) ceases to be subject to the order under section 143(4) of the Learning and Skills Act 2000 establishing it and becomes a sixth form college corporation;
  • (c) in the case of a body corporate within subsection (2)(b), a designation under section 28 which has effect in relation to the relevant sixth form college ceases to have effect.
  • (7) An order under subsection (1) may—
  • (a) make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;
  • (b) make provision as to the initial name of the corporation as a sixth form college corporation.
  • (8) The power conferred by subsection (1) is exercisable only after the date specified in an order under section 33A(5)(b).
33C
  • (1) The Secretary of State may by order make provision for the establishment of a body corporate as a sixth form college corporation, for the purpose of establishing and conducting an educational institution specified in the order.
  • (2) An order under subsection (1) may be made only if—
  • (a) a proposal relating to the order has been made by a person or body (“the proposer and it appears to the Secretary of State that the requirements in subsection (3) have been met in relation to the proposal, and
  • (b) it appears to the Secretary of State that the institution will when established be one within subsection (4).
  • (3) The requirements are that—
  • (a) the proposer has published the proposal by the prescribed time and in the prescribed manner;
  • (b) the proposal as published contained prescribed information;
  • (c) the proposer has considered any representations about the proposal made to the proposer within the prescribed period.
  • (4) An institution is within this subsection if—
  • (a) the institution is in England, and
  • (b) on the date on which it is proposed to be established, at least 80% of its total enrolment number will be persons over compulsory school age but under 19.
  • (5) The total enrolment number of an institution is to be calculated in accordance with paragraph 1(2) of Schedule 3.
  • (6) An order under subsection (1)—
  • (a) must provide for the institution to be established and conducted by the body corporate as from the date specified in the order;
  • (b) may make provision as to the initial name of the corporation as a sixth form college corporation.
33D
  • (1) The Secretary of State may by order convert a sixth form college corporation into a further education corporation.
  • (2) An order under subsection (1) may be made only if—
  • (a) an application for the order has been made by the governing body of the relevant sixth form college, ...
  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) An application under subsection (2)(a) may not be made during the period of two years beginning with the date on which the body's designation or establishment as a sixth form college corporation takes effect.
  • (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (5) On the date specified in the order, the body ceases to be a sixth form college corporation and becomes a further education corporation.
  • (6) An order under subsection (1) may—
  • (a) make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;
  • (b) make provision as to the initial name of the corporation as a further education corporation.
33E
  • (1) A sixth form college corporation may do any of the following—
  • (a) provide further and higher education,
  • (b) provide secondary education suitable to the requirements of persons who have attained the age of 14,
  • (c) provide education which is secondary education by virtue of section 2(2B) of the Education Act 1996,
  • (d) participate in the provision of secondary education at a school,
  • (e) supply goods or services in connection with their provision of education.
  • (2) The powers conferred by subsection (1) and (in the case of a sixth form college corporation to which section 33J applies) section 33J(1A) are referred to in section 33F as the corporation's principal powers.
  • (3) A sixth form college corporation may not provide education of a kind specified in subsection (1)(b), (c) or (d) unless they have consulted such local authorities as they consider appropriate.
  • (4) For the purposes of subsection (1), goods are supplied in connection with the provision of education by a sixth form college corporation if they result from—
  • (a) their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education,
  • (b) the use of their facilities or the expertise of persons employed by them in the fields in which they are so employed, or
  • (c) ideas of a person employed by them, or one of their students, arising out of their provision of education.
  • (5) For the purposes of subsection (1), services are supplied in connection with the provision of education by a sixth form college corporation if—
  • (a) they result from their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education,
  • (b) they are provided by making available their facilities or the expertise of persons employed by them in the fields in which they are so employed, or
  • (c) they result from ideas of a person employed by them, or of one of their students, arising out of their provision of education.
33F
  • (1) A sixth form college corporation may do anything (including in particular the things referred to in subsections (2) to (6)) which appears to the corporation to be necessary or expedient for the purpose of or in connection with the exercise of any of their principal powers.
  • (2) A sixth form college corporation may conduct an educational establishment for the purpose of carrying on activities undertaken in the exercise of their powers to provide further or higher education.
  • (3) In particular, a sixth form college corporation may conduct the relevant sixth form college as from the date specified in the order designating or establishing the corporation as a sixth form college corporation.
  • (4) A sixth form college corporation may provide facilities of any description appearing to the corporation to be necessary or desirable for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers.
  • (5) The facilities include—
  • (a) boarding accommodation and recreational facilities for students and staff, and
  • (b) facilities to meet the needs of students with learning difficulties.
  • (6) A sixth form college corporation may—
  • (a) acquire and dispose of land and other property,
  • (b) enter into contracts, including in particular—
  • (i) contracts for the employment of teachers and other staff for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers, and
  • (ii) contracts with respect to the carrying on by the corporation of any such activities,
  • (c) form, participate in forming or invest in a company,
  • (d) form, participate in forming or otherwise become a member of a charitable incorporated organisation (within the meaning of Part 11 of the Charities Act 2011),
  • (e) borrow such sums as the corporation think fit for the purposes of—
  • (i) carrying on any activities they have power to carry on, or
  • (ii) meeting any liability transferred to them under sections 23 to 27C or 33P ,
  • (f) in connection with their borrowing, grant any mortgage, charge or other security in respect of any land or other property of the corporation,
  • (g) invest any sums not immediately required for the purpose of carrying on any activities they have power to carry on,
  • (h) accept gifts of money, land or other property and apply it, or hold and administer it on trust for, any of those purposes,
  • (i) do anything incidental to the conduct of an educational institution providing further or higher education, including founding scholarships or exhibitions, making grants and giving prizes.
  • (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (8) For the purposes of this section a person has a learning difficulty if—
  • (a) the person has a significantly greater difficulty in learning than the majority of persons of the same age, or
  • (b) the person has a disability which either prevents or hinders the person from making use of facilities of a kind generally provided by institutions within the further education sector for persons of the same age.
  • (9) But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.
  • (10) A reference in this section ... to investing in a company includes a reference to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.
  • (11) A sixth form college corporation may provide advice or assistance to any other person where it appears to the corporation to be appropriate for them to do so for the purpose of or in connection with the provision of education by the other person.
33G

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33H

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33I
  • (1) For every sixth form college corporation there is to be—
  • (a) an instrument providing for the constitution of the corporation (to be known as the instrument of government), and
  • (b) an instrument in accordance with which the corporation, and the relevant sixth form college, are to be conducted (to be known as articles of government).
  • (2) Instruments of government and articles of government—
  • (a) must comply with the requirements of ...Schedule 4, and
  • (b) subject to that, may make such other provision as may be necessary or desirable.
  • (3) Subsection (2) is subject to section 33J.
  • (4) The validity of any proceedings of a sixth form college corporation, or of any committee of the corporation, is not affected by—
  • (a) a vacancy among the members, or
  • (b) a defect in the appointment or nomination of a member.
  • (5) Subsection (6) applies to a document purporting to be an instrument made or issued by or on behalf of a sixth form college corporation and to be—
  • (a) duly executed under the seal of the corporation, or
  • (b) signed or executed by a person authorised by the corporation to act in that behalf.
  • (6) The document is to be received in evidence and treated, without further proof, as being made or issued by or on behalf of the corporation unless the contrary is shown.
33J
  • (1) Despite anything in section 33I, the instrument of government of a sixth form college corporation to which this section applies must provide—
  • (a) for the governing body of the relevant sixth form college to include persons appointed for the purpose of securing so far as practicable that the established character of the sixth form college is preserved and developed and, in particular, that the sixth form college is conducted in accordance with any trust deed relating to it, and
  • (b) for the majority of members of the governing body of the relevant sixth form college to be such governors.
  • (1A) A sixth form college corporation to which this section applies may (accordingly) conduct the relevant sixth form college in a way that secures that the established character of the sixth form college is preserved and developed (and, in particular, in a way that is in accordance with any trust deed relating to the college).
  • (2) This section applies to a sixth form college corporation in respect of which the relevant sixth form college is specified, or falls within a class specified, by the Secretary of State by order.
  • (3) The references in subsections (1)(a) and (1A) to the established character of a sixth form college are , in relation to a sixth form college established shortly before or at the same time as the designation or establishment of the sixth form college corporation in respect of which it is the relevant sixth form college, references to the character which the sixth form college is intended to have on its establishment.
33K
  • (1) The first instrument of government and articles of government of a sixth form college corporation established under section 33C are to be made by the Secretary of State by order .
  • (2) An order under subsection (1) may not be made unless—
  • (a) the Secretary of State has consulted the corporation, and
  • (b) in the case of a sixth form college corporation to which section 33J applies, the trustees of the relevant sixth form college have given their consent.
33L
  • (1) A sixth form college corporation may modify or replace their instrument of government or articles of government.
  • (2) A sixth form college corporation to which section 33J applies may do the things mentioned in subsection (1) only with the consent of the trustees of the relevant sixth form college.
33M

A sixth form college corporation is a charity ... (and, as a result of its inclusion in Schedule 3 to the Charities Act 2011, is an exempt charity for the purposes of that Act).

33N
  • (1) This section applies if a sixth form college corporation propose that the corporation should be dissolved.
  • (2) The corporation must publish details of the proposal, and such other information as may be prescribed, in accordance with regulations.
  • (3) The corporation must consult on the proposal, and take account of the views of those consulted, in accordance with regulations.
19A

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51A
  • (1) This section applies to an institution in England within the further education sector which provides education suitable to the requirements of persons over compulsory school age but under the age of 19.
  • (2) A local authority may by notice given to the governing body of such an institution—
  • (a) require them to provide specified individuals with such education falling within subsection (1) as is appropriate to the individuals' abilities and aptitudes;
  • (b) withdraw such a requirement.
  • (3) A local authority may specify an individual in a notice under subsection (2) only if the individual—
  • (a) is in the authority's area, and
  • (b) is over compulsory school age but under the age of 19.
  • (4) Before giving a notice under subsection (2) imposing a requirement on a governing body, a local authority must consult—
  • (a) the governing body, and
  • (b) such other persons as the authority think appropriate.
  • (5) The governing body of an institution within subsection (1) must secure compliance with a requirement that has been imposed under subsection (2) and has not been withdrawn.
  • (6) In deciding whether to require a particular institution to provide education to a particular individual under subsection (2) a local authority in England must have regard to any guidance given from time to time by the Secretary of State.
56AA

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56D

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56E
  • (1) This section applies in relation to a sixth form college if the Secretary of State is satisfied as to one or more the matters listed in subsection (2) in relation to the sixth form college; and it is immaterial whether or not a complaint is made by any person.
  • (2) The matters are—
  • (a) that the sixth form college's affairs have been or are being mismanaged by its governing body;
  • (b) that the sixth form college's governing body have failed to discharge any duty imposed on them by or for the purposes of any Act;
  • (c) that the sixth form college's governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act;
  • (d) that the sixth form college is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an accepted standard of education or training.
  • (e) that the education or training provided by the sixth form college did not, or does not, adequately meet local needs.
  • (2A) For the purposes of subsection (2)(e), the Secretary of State must take into account any approved local skills improvement plan that applied to the sixth form college when the education or training was provided.
  • (2B) An approved local skills improvement plan applies to a sixth form college if the college provides English-funded post-16 technical education or training that is material to a specified area and the plan is for that area.
  • (2C) Terms used in subsection (2A) or (2B) and in section 1 of the Skills and Post-16 Education Act 2022 have the same meaning in those subsections as in that section.
  • (3) If this section applies the Secretary of State may do one or more of the things listed in subsection (6).
  • (4) Subsections (4A) and (4B) apply to a sixth form college which is specified, or falls within a class specified, in an order under section 33J(2).
  • (4A) Before doing one or more of the things listed in subsection (6), the Secretary of State must consult—
  • (a) the trustees of the sixth form college, and
  • (b) each person or body with power under the college's instrument of government to appoint or nominate one or more of its foundation governors.
  • (4B) After carrying out a consultation under subsection (4A), the Secretary of State must give the persons and bodies consulted a notice stating—
  • (a) what the Secretary of State has decided to do;
  • (b) the reasons for the decision.
  • (5) If the Secretary of State does one or more of the things listed in subsection (6), the Secretary of State must at the same time give the sixth form college's governing body a notice stating—
  • (a) the matter or matters listed in subsection (2) as to which the Secretary of State is satisfied;
  • (b) the reasons why the Secretary of State has decided to do that thing or those things.
  • (6) The Secretary of State may—
  • (a) remove all or any of the members of the sixth form college's governing body;
  • (b) appoint new members of that body if there are vacancies (however arising);
  • (c) give to that body such directions as the Secretary of State thinks expedient as to the exercise of the body's powers and performance of the body's duties.
  • (7) The directions that may be given to a governing body under this section include —
  • (a) a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.
  • (b) a direction requiring a governing body to make a resolution under section 33O(1) for the body to be dissolved on a date specified in the direction.
  • (c) a direction requiring a governing body to transfer property, rights or liabilities specified in the direction, and take any other steps specified in the direction in connection with the transfer in relation to property, rights or liabilities so specified.
  • (7A) A governing body to which a direction such as is mentioned in subsection (7)(b) is given—
  • (a) is to be taken for the purposes of section 33O(1) to have complied with section 33N before making the resolution required by the direction, and
  • (b) must, unless the Secretary of State directs otherwise, exercise its powers under section 33P to transfer property, rights or liabilities on the dissolution date.
  • (7B) A direction under subsection (7)(c) requiring the transfer of property, rights or liabilities to a person specified in the direction may only be given with the consent of the person so specified.
  • (8) Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion.
  • (9) The Secretary of State may not give a direction to a governing body under subsection (6)(c) which relates to the dismissal of a member of staff.
  • (9A) Before giving a direction for the transfer of property, rights or liabilities under subsection (7)(c), the Secretary of State must consult the Competition and Markets Authority.
  • (9B) Part 3 of the Enterprise Act 2002 does not apply in relation to a merger that will result or has resulted from a direction under this section.
  • (9C) The Secretary of State may give financial assistance (by way of grant, loan, guarantee or any other form) to any person in connection with the giving of a direction under this section.
  • (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (11) A governing body must comply with any directions given to them under this section.
  • (12) An appointment of a member of a governing body under this section shall have effect as if made in accordance with the governing body's instrument of government and articles of government.
56F

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56G

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56H

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56I

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56J

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1B

Provision made by an instrument under this Schedule in relation to the appointment of members of a sixth form college corporation must take into account the members who may be appointed by—

  • (a) the responsible local authority under section 56F;
  • (b) the YPLA under section 56I.
79A

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85AA
  • (1) This section applies where a member of staff of an institution within the further education sector in England , or a 16 to 19 Academy, —
  • (a) has reasonable grounds for suspecting that a student at the institution may have a prohibited item with him or her or in his or her possessions; and
  • (b) falls within section 85AB(1).
  • (2) The member of staff may search the student (“S”) or S's possessions for that item (but this is subject to subsection (5)).
  • (3) For the purposes of this section and section 85AC 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;
  • (c) alcohol, within the meaning of section 191 of the Licensing Act 2003;
  • (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 S to have in S'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 S);
  • (f) an article of a kind specified in regulations.
  • (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.
  • (5) A member of staff may not under this section search S or S's possessions for alcohol if S is aged 18 or over.
  • (6) In this section and section 85AB—
  • “member of staff”, in relation to an institution within the further education sector or a 16 to 19 Academy , means any person who works at that institution whether or not as its employee;
  • “possessions”, in relation to S, includes any goods over which S has or appears to have control.
  • (7) The powers conferred by this section and sections 85AB and 85AC 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.
85AB
  • (1) A person may carry out a search under section 85AA only if that person—
  • (a) is the principal of the institution; or
  • (b) has been authorised by the principal 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 85AA generally;
  • (b) a particular search under that section;
  • (c) a particular description of searches under that section.
  • (3) Nothing in any enactment, instrument or agreement shall be construed as authorising a principal of an institution within the further education sector in England , or a principal of a 16 to 19 Academy, to require a person other than a member of the security staff of the institution to carry out a search under section 85AA.
  • (4) A search under section 85AA may be carried out only where—
  • (a) the member of staff and S are on the premises of the institution; or
  • (b) they are elsewhere and the member of staff has lawful control or charge of S.
  • (5) A person exercising the power in section 85AA may use such force as is reasonable in the circumstances for exercising that power.
  • (6) A person carrying out a search of S under section 85AA—
  • (a) may not require S to remove any clothing other than outer clothing;
  • (b) must be of the same sex as S , 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 S 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 S or in the presence of another member of staff (as the case may be).
  • (7) S's possessions may not be searched under section 85AA except in the presence of—
  • (a) S; 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 an institution, means a member of staff whose work at the institution 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.
85AC
  • (1) A person carrying out a search under section 85AA 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,

but may not seize alcohol from S under this section where S is aged 18 or over.

  • (2) A person exercising the power in subsection (1) 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 85AA(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,
  • (c) retain the item, or
  • (d) dispose of the item.

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

  • (6B) Subsections (6C) and (6D) apply to an item that—
  • (a) has been seized under subsection (1),
  • (b) is a prohibited item by virtue of section 85AA(3)(ea), and
  • (c) is an electronic device.
  • (6C) 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.
  • (6D) Following an examination under subsection (6C), 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.
  • (6E) In determining whether there is a good reason for the purposes of subsection (6C) or (6D), 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 85AA(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
  • (c) anything which that person has reasonable grounds for suspecting is evidence in relation to an offence;

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

  • (9) Subsection (8)(c) is subject to subsections (3), (4) and (5) 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 a 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.
85AD

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