Education Act 2011

Part 1 — Early years provision

Free of charge early years provision

1

• (1) Part 1 of the Childcare Act 2006 (functions of local authorities in England in relation to childcare) is amended as set out in subsections (2) and (3).

• (2) For section 7 (duty to secure prescribed early years provision free of charge) substitute—

(7) (1) An English local authority must secure that early years provision of such description as may be prescribed is available free of charge, in accordance with any regulations under this subsection, for each young child in their area who— (a) is under compulsory school age, and (b) is of such description as may be prescribed. (2) Regulations under subsection (1) may in particular include provision about— (a) how much early years provision is to be made available in pursuance of the duty imposed by subsection (1); (b) the times at which, and periods over which, early years provision is to be made available in pursuance of that duty. (3) In discharging the duty under subsection (1) a local authority must have regard to any guidance given from time to time by the Secretary of State.

• (3) After section 13 insert—

(13A) (1) This subsection applies to information held for the purposes of functions relating to tax credits— (a) by the Commissioners for Her Majesty's Revenue and Customs, or (b) by a person providing services to them, in connection with the provision of those services. (2) This subsection applies to information held for the purposes of functions relating to social security— (a) by the Secretary of State, or (b) by a person providing services to the Secretary of State, in connection with the provision of those services. (3) Information to which subsection (1) or (2) applies may be supplied to the Secretary of State, or a person providing services to the Secretary of State, for use for the purpose of determining eligibility for free of charge early years provision. (4) Information to which subsection (2) applies may be supplied to an English local authority for use for that purpose. (5) Information received by virtue of subsection (3) may be supplied— (a) to another person to whom it could have been supplied under that subsection, or (b) to an English local authority, for use for that purpose. (6) The references in subsections (4) and (5)(b) to an English local authority include references to a person exercising on behalf of an English local authority functions relating to eligibility for free of charge early years provision. (7) For the purposes of this section and section 13B, free of charge early years provision is early years provision which is required to be made available in pursuance of the duty imposed by section 7. (8) This section does not limit the circumstances in which information may be supplied apart from this section. (13B) (1) A person commits an offence if the person discloses any information— (a) which the person received by virtue of any of subsections (3) to (5) of section 13A, and (b) which relates to a particular person, unless the information is disclosed in accordance with subsection (2). (2) Information is disclosed in accordance with this subsection if it is disclosed in any of the following ways— (a) in the case of information received by virtue of section 13A(3), in accordance with section 13A(5); (b) in the course of a duty that the person disclosing it has in connection with the exercise of functions relating to eligibility for free of charge early years provision; (c) in accordance with an enactment or an order of a court; (d) with consent given by or on behalf of the person to whom the information relates. (3) It is a defence for a person charged with an offence under subsection (1) to prove that the person reasonably believed that the disclosure was lawful. (4) A person guilty of an offence under subsection (1) is liable— (a) on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both; (b) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both. (5) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, the reference in subsection (4)(b) to 12 months is to be read as a reference to 6 months.

• (4) Section 100 of the Childcare Act 2006 (provision of information about young children: transitory provision) is repealed.

Part 2 — Discipline

Power of members of staff at schools to search pupils

2

• (1) Chapter 2 of Part 10 of EA 1996 (punishment and restraint of pupils) is amended as set out in subsections (2) to (5).

• (2) In section 550ZA (power of members of staff to search pupils for prohibited items: England)—

• (a) in subsection (3) (prohibited items), after paragraph (e) insert—

(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);

;

• (b) in that subsection, after paragraph (f) insert—

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

;

• (c) after subsection (4), insert—

(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— 1. a community, foundation or voluntary school, 2. a community or foundation special school, 3. a maintained nursery school, or 4. a pupil referral unit; - “non-maintained special school” means a school that is approved under section 342.

• (3) In section 550ZB (power of search under section 550ZA: supplementary)—

• (a) in subsection (5), after “section 550ZA” insert “ to search for an item within section 550ZA(3)(a) to (f) ”;

• (b) in subsection (6)—

• (i) in paragraph (b), after “P” insert “ , unless the condition in subsection (6A) is satisfied ”;

• (ii) in paragraph (c), after “staff” insert “ , unless the condition in subsection (6A) is satisfied ”;

• (c) after subsection (6), insert—

(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).

;

• (d) in subsection (7), in paragraph (b), after “staff” insert “ , unless the condition in subsection (7A) is satisfied ”;

• (e) after subsection (7), insert—

(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.

• (4) In section 550ZC (power to seize items found during search under section 550ZA)—

• (a) in subsection (2) after “subsection (1)” insert “ to seize an item within section 550ZA(3)(a) to (f) or anything within subsection (1)(b) ”;

• (b) after subsection (6) insert—

(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, (c) retain the item, or (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 (c) is an electronic device. (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.

;

• (c) in subsection (9), for “and (5)” substitute “ , (5) and (6A) ”.

• (5) In section 550ZD (section 550ZC: supplementary)—

• (a) in subsection (1), after “(5)(a)” insert “ , (6A)(a) ”;

• (b) in subsection (2)(a), for the words from “alcohol” to “article” substitute “ an item within subsection (2A) ”;

• (c) after subsection (2), insert—

(2A) The items referred to in subsection (2)(a) are— (a) alcohol or its container; (b) a controlled drug; (c) a stolen article; (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.

;

• (d) in subsection (3)(a), for “or disposal” substitute “ , disposal or erasure ”;

• (e) in subsection (4), after “(2)” insert “ , (2B) ”.

• (6) In section 569 of EA 1996, in subsection (2A) (regulations subject to affirmative procedure), for “550ZA or 550ZC” substitute “ 550ZA(3)(f) or 550ZC(7) ”.

• (7) In section 89 of EIA 2006 (determination by head teacher of behaviour policy), after subsection (4) insert—

(4A) In relation to a school in England, rules made under subsection (4) must identify the items for which a search may be made.

Power of members of staff at further education institutions to search students

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• (1) Part 3 of FHEA 1992 (miscellaneous and general) is amended as follows.

• (2) In section 85AA (power of members of staff to search students for prohibited items: England), in subsection (3) (prohibited items), after paragraph (e) insert—

(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);

.

• (3) In section 85AB (power of search under section 85AA: supplementary)—

• (a) in subsection (6)—

• (i) in paragraph (b), after “S” insert “ , unless the condition in subsection (6A) is satisfied ”;

• (ii) in paragraph (c), after “staff” insert “ , unless the condition in subsection (6A) is satisfied ”;

• (b) after subsection (6), insert—

(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).

;

• (c) in subsection (7), in paragraph (b), after “staff” insert “ , unless the condition in subsection (7A) is satisfied ”;

• (d) after subsection (7), insert—

(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.

• (4) In section 85AC (power to seize items found during search under section 85AA)—

• (a) after subsection (6) insert—

(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.

;

• (b) in subsection (9), for “and (5)” substitute “ , (5) and (6A) ”.

• (5) In section 85AD (section 85AC: supplementary)—

• (a) in subsection (1), after “(5)(a)” insert “ , (6A)(a) ”;

• (b) in subsection (2)(a), for the words from “alcohol” to “article” substitute “ an item within subsection (2A) ”;

• (c) after subsection (2), insert—

(2A) The items referred to in subsection (2)(a) are— (a) alcohol or its container; (b) a controlled drug; (c) a stolen article; (d) an article that is a prohibited item by virtue of section 85AA(3)(ea). (2B) Subsection (3) also applies where a person— (a) erases data or a file from an electronic device under section 85AC(6D); and (b) proves that the erasure was lawful.

;

• (d) in subsection (3)(a), for “or disposal” substitute “ , disposal or erasure ”;

• (e) in subsection (4), after “(2)” insert “ , (2B) ”.

Exclusion of pupils from schools in England: review

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• (1) Chapter 3 of Part 3 of EA 2002 (maintained schools: admissions, exclusions and attendance) is amended as follows.

• (2) Before section 52, insert—