Education and Skills Act 2008

Prospective

65 Financial penalties E+W

(1) A penalty payable by virtue of a penalty notice under—

(a) section 22,

(b) section 31, or

(c) section 53,

is payable to the [F1 local authority] which issued the notice.

(2) Any sums received by a [F1 local authority] under any of those sections may be used by the authority for the purposes of any of its functions which may be specified in regulations but, to the extent that they are not so used, must be paid in accordance with regulations to the Secretary of State.

(3) A penalty under section 22 or 31 (and any interest or financial penalty for late payment) is recoverable, if [F2 the county court] so orders, as if it were payable under an order of that court.

(4) Where a person is required by a penalty notice given under section 22 or 31 to pay a financial penalty, and

(a) has given a notice of objection to the [F1 local authority] under section 23 or 33, or

(b) has appealed against the giving of the penalty notice under section 24 or 34,

the penalty is not enforceable until the authority has given a determination notice under section 23 or 33 in relation to the penalty notice, or, as the case may be, the appeal has been determined.

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)

F2 Words in s. 65(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)