Commentary on Sections Power to search for prohibited items Section 85AA: Power of members of staff to search for prohibited items: England
779.Subsection (1) specifies that the power may only be used where a member of staff has reasonable grounds to suspect that a student has with him or her, or in his or her possession a prohibited item. It also provides that a person may carry out a search only if he or she is the principal of the institution, or he or she has been authorised by the principal to carry out the search.
780.Subsection (3) sets out which items are “prohibited items” and hence may be searched for. There is already a power in 85B to search for the items in paragraphs (a) and (b). The items in paragraphs (c) to (e) are additional items, and paragraph (f) provides a regulation making power to prescribe additional items. Regulations made under this power will be made using the affirmative resolution procedure.
781.Subsection (4) defines what is meant by “stolen”.
782.Subsection (5) states that a student may not be searched for alcohol under this power if he or she is aged 18 or over.
783.Subsection (6) defines what is meant by “member of staff” and “possessions”.
784.Subsection (7) provides that the powers in 85AA, 85AB and 85AC do not restrict any common law, or other statutory, powers members of staff have to search pupils and their possessions.