Education Act 2011

JurisdictionUK Non-devolved
Citation2011 c. 21


Education Act 2011

2011 CHAPTER 21

An Act to make provision about education, childcare, apprenticeships and training; to make provision about schools and the school workforce, institutions within the further education sector and Academies; to abolish the General Teaching Council for England, the Training and Development Agency for Schools, the School Support Staff Negotiating Body, the Qualifications and Curriculum Development Agency and the Young People's Learning Agency for England; to make provision about the Office of Qualifications and Examinations Regulation and the Chief Executive of Skills Funding; to make provision about student loans and fees; and for connected purposes.

[15th November 2011]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

1 Early years provision

Part 1

Early years provision

S-1 Free of charge early years provision

1 Free of charge early years provision

(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 Duty to secure early years provision free of charge in accordance with regulations

(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 Supply of information: free of charge early years provision

(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 Unauthorised disclosure of information received under section 13A

(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 disclosur e 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.

2 Discipline

Part 2

Discipline

S-2 Power of members of staff at schools to search pupils

2 Power of members of staff at schools to search pupils

(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 whic h 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-

(a) a community, foundation or voluntary school,

(b) a community or foundation special school,

(c) a maintained nursery school, or

(d) 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...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT