(1)A member of the staff of an institution which is within the further education sector [F2or 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 [F3or a 16 to 19 Academy], means any person who works at that institution whether or not as its employee.]
Textual Amendments
F1S. 85C inserted (1.4.2007 for E.) by Education and Inspections Act 2006 (c. 40), ss. 165, 188(3); S.I. 2007/935, art. 4(b)
F2Words 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
F3Words in s. 85C(5) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 8(5)(b); S.I. 2012/924, art. 2
Modifications etc. (not altering text)
C1S. 85C modified (W.) (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 3(b)