Part 4: Possession etc of certain offensive weapons Section 45: Prohibition on the possession of offensive weapons on further education premises
This section amends section 139A of the Criminal Justice Act 1988 ("the CJA") (offence of having an article with a blade or point or offensive weapon on school premises) to extend the offence in England and Wales and Northern Ireland to include further education premises (subsections (1) to (4)).
	Subsection (5) amends the penalties in section 139A of the CJA in England, Wales and Northern Ireland. The maximum penalty in England and Wales is, on summary conviction, a term of imprisonment not exceeding 12 months or a fine or both. The 12 months maximum sentence is contingent on section 154(1) of the Criminal Justice Act 2003 coming into force and until that time the maximum sentence will be six months. The maximum penalty in Northern Ireland is, on summary conviction, a term of imprisonment not exceeding 12 months or a fine not exceeding the statutory maximum or both and on conviction on indictment, imprisonment for a term not exceeding 4 years or a fine, or both.
	Subsection (6) defines "school premises" as land used for the purposes of a school, excluding any land occupied solely as a dwelling by a person employed at the school. "School" is defined in England and Wales under section 4 of the Education Act 1996 and in Northern Ireland under Article (2) of the Education and Libraries (Northern Ireland) Order 1986.
	Subsection (7) inserts a new subsection (6A) into section 139A of the CJA which defines "further education premises". New subsection (6A)(a) sets out that, in England and Wales, "further education premises" includes land used solely for the purposes of an institution within the further education sector (as defined in section 91 of the Further and Higher Education Act 1992) or a 16 to 19 Academy (as defined by the Academies Act 2010), excluding any land occupied solely as a dwelling by a person employed at the institution or Academy.
	New subsection (6A)(b) sets out that, in relation to Northern Ireland, "further education premises" means land used solely for the purposes of an institution of further education within the meaning of Article 2 of the Further Education (Northern Ireland) Order 1997 (SI 1997/1772 (NI 15)) excluding any land occupied solely as a dwelling by a person employed at the institution.
	Subsection (8) amends section 139B(1) of the CJA to provide constables with a power to enter and search further education premises, and any persons on those premises, for offensive weapons, bladed or pointed articles.
	This section forms part of the law of England and Wales and Northern Ireland.