Section 384A — Children, Young Persons, and Their Families Act 1989: Interpretation

384A Interpretation For the purposes of sections 384B to 384K ,— harmful item means any article, drug, or substance that a member of staff has reasonable cause to believe is likely, while a child or young person is in a residence, to harm or to be used to harm that child or young person or any other person mail includes— (a) a facsimile communication: (b) electronic mail: (c) an envelope or package manager means the person for the time being in charge of a residence member of staff means every person employed as a member of staff of a residence; and includes the manager of the residence pat down search means a search of a clothed child or young person in a residence in which the person conducting the search may do the following (a) run or pat his or her hand over the body of the person being searched, whether inside or outside the clothing (other than any underclothing) of that person: (b) insert his or her hand inside any pocket or pouch in the clothing (other than the underclothing) of the person being searched: (c) for the purpose of permitting a visual inspection, require the person being searched to do all or any of the following: (i) open his or her mouth: (ii) display the palms of his or her hands: (iii) display the soles of his or her feet: (iv) lift or rub his or her hair: (v) remove, raise, lower, or open any outer clothing (including, without limitation, any coat, jacket, jumper, or cardigan) worn by the person being searched, except where the person has no other clothing, or only underclothing, under that outer clothing: (vi) turn out any pocket or pouch, and display any hem, cuff, lining, or fold, in any outer clothing worn by that person: (vii) remove any head covering, gloves, or footwear (including socks or stockings) being worn by that person: (d) conduct a visual examination (whether assisted by any instrument or device designed to illuminate or magnify) of the person's mouth, nose, and ears (not including the insertion of any instrument, device, or thing into such orifice) regulations means regulations made under section 447 relating to search and seizure residence means a residence established under section 364 scanner search means a search of a child or young person by means of an electronic device passed over the clothed body of the person being searched and that does not include any touching (except any accidental touching) of the person being searched strip search means a search where the person conducting the search may require the child or young person being searched— (a) to undress, or to remove any specified items of clothing and underclothing, and be visually examined; and (b) to have his or her clothing searched unauthorised item means any article, drug, or substance— (a) that is a harmful item; or (b) that may not be lawfully possessed by any child or young person in the residence. Sections 384A to 384K, and the heading preceding section 384A, were inserted, as from 25 June 2001, by section 4 Children, Young Persons, and Their Families Amendment Act 2001 (2001 No 3). See section 6(1) of that Act as to the enactment of these sections not affecting the validity of the provisions of the Children, Young Persons, and Their Families (Residential Care) Regulations 1996 (SR 1996/354).