The Further Education Institutions and 16 to 19 Academies (Specification and Disposal of Articles) Regulations 2012

• Citation: S.I. 2012/1925
• Sections: 4

Section 1 Citation and commencement

These Regulations may be cited as the Further Education Institutions and 16 to 19 Academies (Specification and Disposal of Articles) Regulations 2012 and come into force on 1st September 2012.

Section 2 Interpretation

In these Regulations—

“the 1992 Act ” means the Further and Higher Education Act 1992;

“firework” means a device within the meaning of section 1 (introduction) of the Fireworks Act 2003 ;

“image” means—

a moving or still image (produced by any means), or

data (stored by any means) which is capable of conversion into an image within sub-paragraph (a);

“pornographic image” means an article containing an image of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal;

“tobacco” includes the items listed in section 7(5) of the Children and Young Persons Act 1933 .

Section 3 Prohibited items

(1) Each of the following articles is a prohibited item for the purposes of sections 85AA and 85AC of the 1992 Act—

(a) tobacco and cigarette papers;

(b) a firework;

(c) a pornographic image.

(2) An article specified in paragraph (1) is not a prohibited item where the student who is suspected of having the item in his or her possession is aged 18 or over.

Section 4 Disposal of articles

(1) Paragraphs (2) to (5) prescribe what must or may be done by a member of staff who, under section 85AC(1) of the 1992 Act, seizes an article specified in regulation 3.

(2) In the case of tobacco and cigarette papers, the member of staff may retain or dispose of the tobacco or cigarette papers and its or their container.

(3) In the case of a firework, the member of staff may retain or dispose of the firework and its container.

(4) In the case of a pornographic image, the member of staff may dispose of the image unless the member of staff has reasonable grounds for suspecting that—

(a) the image is an image to which section 62(2) (possession of prohibited images of children) of the Coroners and Justice Act 2009 applies; or

(b) the image is an image to which section 63 (possession of extreme pornographic images) of the Criminal Justice and Immigration Act 2008 applies.

(5) In the case of a pornographic image to which either paragraph (4)(a) or (b) applies, the member of staff must deliver it to a police constable as soon as is reasonably practicable.