Change 1 Article Choose an article Title and introductory text 1 Duties in relation to high standards and the fulfilment of potential 2 Duties in relation to diversity and choice 3 Duty to consider parental representations 4 Duty to identify children not receiving education 5 School improvement partners 6 Functions in respect of youth work, recreation etc 6A Requirement to seek proposals for establishment of new Academies 7 Invitation for proposals for establishment of new schools 7A Withdrawal of notices under section 7 8 Proposals under section 7 relating to community or community special schools 9 Consultation and publicity in relation to notice and proposals under section 7 10 Proposals other than proposals pursuant to a section 7 notice: publication etc 11 Publication of proposals to establish maintained schools: special cases 12 Establishment of school as federated school 13 Schools established outside area of relevant local authority 14 Local authority in England not to establish school in Wales 15 Proposals for discontinuance of schools maintained by local authority 16 Consultation in relation to proposals under section 15 17 Direction requiring discontinuance of community or foundation special school 18 Alterations that may be made under section 19 19 Publication of proposals for alteration of school 20 Restriction on power of governing body to publish foundation proposals 21 Proposals under section 19: procedure 22 Right of governing body to determine own foundation proposals 23 Rights of interested bodies in relation to proposals under section 21 24 Proposals under section 19: implementation 25 Proposals for removal of foundation or reduction in foundation governors 26 Proposals under section 25: procedure 27 Proposals under section 25: implementation 28 Restriction on establishment, alteration or discontinuance of schools 29 Abolition of school organisation committees 30 Amendments relating to school organisation 31 Transitional provisions 32 Interpretation of Part 2 33 Requirements as to foundations 34 Parent councils for certain foundation or foundation special schools 35 Funding of voluntary aided schools: meaning of “capital expenditure” 36 Disposals and changes of use of land 37 Staff at foundation or voluntary schools with religious character 38 General duties of governing body of maintained school 39 General restriction on selection by ability 40 Code for school admissions 41 Role of admission forums 42 Support for parental preferences 43 Duty of governing body to implement decisions relating to admissions 44 Prohibition on interviews 45 Admission arrangements for schools with religious character: consultation and objections 46 Restrictions on alteration of admission arrangements 47 Objections to admission arrangements 48 Looked after children to whom section 87(2) of SSFA 1998 applies 49 Procedure for giving directions under section 96 of SSFA 1998 50 Direction to admit looked after child to specified school 51 Directions to admit child to specified school: supplementary provisions 52 Power of Assembly to make regulations about looked after children 53 Schools with pre-1998 arrangements for selection by ability or aptitude 54 Pupil banding 55 Right of sixth-form pupils to be excused from attendance at religious worship 56 Charges for music tuition 57 School funding 58 Removal of requirement to issue code of practice as to relationships between local authorities and maintained schools in England etc 59 Meaning of “maintained school” and “eligible for intervention” 60 Performance standards and safety warning notice 60A Teachers' pay and conditions warning notice 60B Coasting schools 61 School requiring significant improvement 62 School requiring special measures 63 Power of local authority to require governing body to enter into arrangements 64 Power of local authority etc. to appoint additional governors 65 Power of local authority to provide for governing body to consist of interim executive members 66 Power of local authority to suspend right to delegated budget 66A Power of Secretary of State to require governing body to enter into arrangements 67 Power of Secretary of State to appoint additional governors 68 Power of Secretary of State to direct closure of school 69 Power of Secretary of State to provide for governing body to consist of interim executive members 69A Power of Secretary of State to direct local authority to give performance standards and safety warning notice 69B Power of Secretary of State to direct local authority to give teachers' pay and conditions warning notice 70 Governing bodies consisting of interim executive members 70A Duties for local authorities and Secretary of State to notify each other 70B Restriction on use of local authority intervention powers 70C Secretary of State's power to take over responsibility for interim executive members 71 Amendments relating to schools causing concern 72 Duty of local authority to have regard to guidance 73 Interpretation of Part 4 74 Curriculum requirements for the fourth key stage 76 Local authorities in England: duty to promote sustainable modes of travel etc 77 Local authorities in England: provision of travel arrangements etc for children 78 Local authorities in England: school travel schemes 79 Piloting of school travel scheme provisions 80 Power to repeal school travel scheme provisions etc 82 Amendments of section 444 of EA 1996 in relation to school travel 83 Learning and Skills Council for England: transport etc for persons of sixth form age 84 Local authorities in England: duty to have regard to religion or belief in exercise of travel functions 85 Further amendments relating to travel to schools etc 86 Provision of food and drink on school premises etc 87 Power to charge for provision of meals etc 88 Responsibility of governing body for discipline 89 Determination by head teacher of behaviour policy 90 Meaning of “disciplinary penalty” 91 Enforcement of disciplinary penalties: general 92 Enforcement of disciplinary penalties: detention outside school sessions 93 Power of members of staff to use force 93A Recording and reporting the use of force by members of staff: England 94 Defence where confiscation lawful 95 Interpretation of Chapter 1 96 Repeals consequential on provisions of Chapter 1 97 Parenting contracts 98 Parenting orders in case of exclusion or misbehaviour 99 Parenting contracts and parenting orders: further provisions 100 Duty of governing body or proprietor where pupil excluded for fixed period 101 Duty of local authority in relation to excluded pupils 102 Reintegration interviews 103 Duty of parent in relation to excluded pupil 104 Notice to parent relating to excluded pupil 105 Penalty notice in respect of presence of excluded pupil in public place 106 Penalty notices: supplemental 107 Penalty notices: amendments of Police Reform Act 2002 108 Removal of excluded pupils to designated premises 109 Failure to secure school attendance 110 Sums received under section 444A of EA 1996 111 Meaning of “maintained school” and “relevant school” in Chapter 2 112 The Office for Standards in Education, Children's Services and Skills 113 Her Majesty's Chief Inspector of Education, Children's Services and Skills 114 Her Majesty's Inspectors of Education, Children's Services and Skills 115 Further provision about Chief Inspector and other inspectors etc. 116 Functions of the Office 117 Performance of Office's functions 118 Functions of the Chief Inspector 119 Performance of Chief Inspector's functions 120 Children's Rights Director 121 Annual and other reports to Secretary of State 122 General transfer of functions to the Chief Inspector 122A Duty to inspect Academy proprietors at specified intervals 122B Report of section 122A inspection 122C Other inspections 122D Duty to notify certain persons of inspection 122E Power or duty to treat other inspection as section 122A inspection 122F Framework for inspections under this Chapter 122G Powers of entry etc. for purposes of inspection 122H Academy proprietors not performing to acceptable standard 122I Regulations under Chapter 2A 122J Interpretation of Chapter 2A 123 Education and training to which this Chapter applies 124 Inspection of education and training to which this Chapter applies 125 Inspection of further education institutions 126 Other inspections 127 Action plans 128 Area inspections 129 Reports of area inspections 130 Action plans following area inspections 131 Power of entry 132 Power to inspect documents, etc. 133 Framework for inspections 134 Abolition of Adult Learning Inspectorate 135 Functions to which this Chapter applies and related activities 136 Inspection of local authorities in England 137 Reports of inspections under section 136 138 Annual reviews of local authorities in England 139 Power of entry 140 Power to inspect documents, etc. 141 Power to require information etc. 142 Interpretation etc. 143 Inspection of CAFCASS functions 144 Power of entry 145 Power to inspect documents, etc. 146 Inspection of secure training centres and secure colleges 147 Inspection of premises in connection with adoption and fostering functions 148 Transfer of certain CSCI functions to the Chief Inspector 149 Interaction with other authorities 150 Evidence of authority 151 Publication of inspection reports 152 Combined reports 153 Use of information 154 Duty to report on contribution of certain schools to community cohesion 155 Payment of annual fee to the Chief Inspector by local authorities 156 Removal of HMICA's duty to inspect performance of Assembly's functions relating to family proceedings 157 Minor and consequential amendments 158 Transitional provisions and savings 159 Interpretation of Part 8 160 Power of Chief Inspector to investigate complaints by parents about schools 161 Powers to facilitate innovation 162 Power to repeal references to “local education authority” and “children's services authority” etc 163 Provision of advice by adjudicator 164 Information about children receiving funded education outside school 165 Power of members of staff of further education institutions to use force 166 Collaboration arrangements: maintained schools and further education bodies 167 Consultation with young pupils 168 Maintained nursery schools: amendment of sections 496 and 497 of EA 1996 169 Prohibition on participation in management of independent school 170 Prohibition on participation in management: supplementary 171 Prohibition on participation in management: transitional provision 172 Offences relating to independent schools 173 Special educational needs co-ordinators 174 Time limits relating to statements of special educational needs 175 Miscellaneous amendments relating to Wales 176 Support schemes relating to education and training for persons aged 10 to 15 177 University bodies: amendment of section 29 of Leasehold Reform Act 1967 178 Framework power relating to Wales 179 Restrictions on framework power conferred by section 178 180 Functions to be exercisable by National Assembly for Wales 181 Orders and regulations: general provisions 182 Parliamentary control of orders and regulations 182A Assembly control of orders and regulations 183 Power to make consequential and transitional provision etc 184 Repeals 185 Financial provisions 186 Abbreviations of Acts 187 General interpretation 188 Commencement 189 The appropriate authority by whom commencement order is made 190 Extent 191 Short title SCHEDULE 1 Amendments related to section 6 SCHEDULE 2 Proposals for establishment or discontinuance of schools in England SCHEDULE 3 Amendments relating to school organisation SCHEDULE 4 Disposals and changes of use of land SCHEDULE 5 Funding of maintained schools SCHEDULE 6 Governing bodies consisting of interim executive members SCHEDULE 7 Amendments relating to schools causing concern SCHEDULE 8 Travel to schools etc: meaning of “eligible child” SCHEDULE 9 School travel schemes SCHEDULE 10 Further amendments relating to travel to schools etc SCHEDULE 11 The Office for Standards in Education, Children's Services and Skills SCHEDULE 12 The Chief Inspector and other inspectors etc. SCHEDULE 13 Interaction with other authorities SCHEDULE 14 Minor and consequential amendments relating to Part 8 SCHEDULE 15 Transitional provisions and savings relating to Part 8 SCHEDULE 16 Powers to facilitate innovation SCHEDULE 17 Miscellaneous amendments relating to Wales SCHEDULE 18 Repeals
What to do with it
As published
94 Defence where confiscation lawful
(1) This section applies where, as a disciplinary penalty—
(a) an item which a pupil has with him or in his possessions is seized, and
(b) the item is retained for any period or is disposed of.
(2) A person who seizes, retains or disposes of the item is not liable in any proceedings in respect of—
(a) the seizure, retention or disposal (as the case may be), or
(b) any damage or loss which arises in consequence of it,
if he proves that the seizure, retention or disposal (as the case may be) was lawful (whether or not by virtue of section 91).
(3) Nothing in this section applies where an item is seized under section 550ZC or 550AA of EA 1996 (provision as to what is to be done with such an item being made by that section).
(4) This section is not to be construed as preventing any person relying on any defence on which he is entitled to rely apart from this section.
Your wording
Your change, as a redline
94 Defence where confiscation lawful
(1) This section applies where, as a disciplinary penalty—
(a) an item which a pupil has with him or in his possessions is seized, and
(b) the item is retained for any period or is disposed of.
(2) A person who seizes, retains or disposes of the item is not liable in any proceedings in respect of—
(a) the seizure, retention or disposal (as the case may be), or
(b) any damage or loss which arises in consequence of it,
if he proves that the seizure, retention or disposal (as the case may be) was lawful (whether or not by virtue of section 91).
(3) Nothing in this section applies where an item is seized under section 550ZC or 550AA of EA 1996 (provision as to what is to be done with such an item being made by that section).
(4) This section is not to be construed as preventing any person relying on any defence on which he is entitled to rely apart from this section.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.