Education and Skills Act 2008

22 Financial penalty for contravention of section 21

(1) Where a relevant local education authority is satisfied that a person (“the employer”) has contravened section 21, the authority may by notice (a “penalty notice”) require the employer to pay a financial penalty.

(2) The amount of the financial penalty is to be determined in accordance with regulations.

(3) A penalty notice must state—

(a) particulars of the contravention of section 21 in respect of which the penalty is imposed,

(b) the amount of the penalty,

(c) how payment may be made,

(d) the period within which the penalty must be paid (which must be not less than 4 weeks beginning with the date on which the notice is given),

(e) the steps that the employer may take if the employer objects to the giving of the penalty notice, including how the employer may appeal against it, and

(f) the consequences of non-payment.

(4) For the purposes of subsection (1), a local education authority is a relevant local education authority in relation to a contract of employment under which a person to whom this Part applies is employed if—

(a) the person belongs to the authority’s area, or

(b) the person’s place of work, or one of the places at which the person works, under the contract is in the authority’s area.

(5) Without prejudice to section 166(6), regulations under subsection (2) may make provision for penalties of different amounts to be payable in different cases or circumstances (including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid).