Part VIE+W School admissions, attendance and charges

Chapter IIE+W School attendance

School attendance: offences and education supervision ordersE+W

[F1444APenalty notice in respect of failure to secure regular attendance at school of registered pupilE+W

(1)Where an authorised officer has reason to believe—

(a)that a person has committed an offence under section 444(1), and

(b)that the school to which the offence relates is a relevant school in England,

he may give the person a penalty notice in respect of the offence.

(2)A penalty notice is a notice offering a person the opportunity of discharging any liability to conviction for the offence under section 444(1) to which the notice relates by payment of a penalty in accordance with the notice.

(3)Where a person is given a penalty notice, proceedings for the offence to which the notice relates (or an offence under section 444(1A) arising out of the same circumstances) may not be instituted before the end of such period as may be prescribed.

(4)Where a person is given a penalty notice, he cannot be convicted of the offence to which the notice relates (or an offence under section 444(1A) arising out of the same circumstances) if he pays a penalty in accordance with the notice.

(5)Penalties under this section shall be payable to local education authorities in England.

(6)Sums received by a local education authority under this section may be used by the authority for the purposes of any of its functions which may be specified in regulations.]

Textual Amendments

F1Ss. 444A, 444B inserted (E.W.) (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 23(1), 93; S.I. 2003/3300, art. 3(a)(ii)

Modifications etc. (not altering text)

C1S. 444A: power to amend conferred (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 23(9), 93; S.I. 2003/3300, art. 3(a)(ii)