244 Power of members of staff to search students for prohibited items: England
Apprenticeships, Skills, Children and Learning Act 2009 (2009 c 22) | Legislation

244  Power of members of staff to search students for prohibited items: England

(1)     After section 85A of the Further and Higher Education Act 1992 (c 13) insert—

“85AA Power of members of staff to search students for prohibited items: England

(1)     This section applies where a member of staff of an institution within the further education sector in England—

(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

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