Education and Skills Act 2008

Prospective

32 Withdrawal of enforcement notice given under section 30 E+W

(1) This section applies where—

(a) an enforcement notice has been given to a person (“the employer”) under section 30 by a [F1 local authority], and

(b) if a penalty notice has been given in respect of the enforcement notice under section 31, any appeal made under section 34 in respect of the penalty notice has not been determined.

(2) The [F1 local authority] may withdraw the enforcement notice by giving notice of the withdrawal to the employer.

(3) After the withdrawal, no penalty notice may be given under section 31 in respect of—

(a) any failure to comply with the enforcement notice, or

(b) any failure to give effect to any variation of terms and conditions of employment required by the enforcement notice to be offered,

which occurred before the enforcement notice was withdrawn.

(4) Where an enforcement notice is withdrawn—

(a) any penalty notice given under section 31 in respect of the enforcement notice ceases to have effect, and

(b) any sum paid or recovered in respect of any such penalty notice must be repaid to the employer with interest at the appropriate rate running from the date when the sum was paid or recovered.

(5) In subsection (4)(b) “the appropriate rate” means the rate that, on the date the sum was paid or recovered, was specified in section 17 of the Judgments Act 1838 (c. 110).

(6) A notice of withdrawal under subsection (2) must state the effect of the withdrawal (but a failure to do so does not make the notice of withdrawal ineffective).

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 15(2)