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Education Act 1996, Section 444B is up to date with all changes known to be in force on or before 23 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Regulations may make—
(a)provision as to the form and content of penalty notices,
(b)provision as to the monetary amount of any penalty and the time by which it is to be paid,
(c)provision for determining the [F2local authority] to which a penalty is payable,
(d)provision as to the methods by which penalties may be paid,
(e)provision as to the records which are to be kept in relation to penalty notices,
(f)provision as to the persons who may be authorised by a [F2local authority] or a head teacher to give penalty notices,
(g)provision limiting the circumstances in which authorised officers of a prescribed description may give penalty notices,
(h)provision for or in connection with the withdrawal, in prescribed circumstances, of a penalty notice, including—
(i)repayment of any amount paid by way of penalty under a penalty notice which is withdrawn, and
(ii)prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates (and any offence under section 444(1A) arising out of the same circumstances),
(i)provision for a certificate—
(i)purporting to be signed by or on behalf of a prescribed person, and
(ii)stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate,
to be received in evidence of the matters so stated,
(j)provision as to the action to be taken if a penalty is not paid in accordance with a penalty notice,
(k)provision for or in connection with the preparation of codes of conduct in relation to the giving of penalty notices,
(l)such other provision in relation to penalties or penalty notices as the Secretary of State thinks necessary or expedient.
(2)Without prejudice to the generality of subsection (1) or section 569(4), regulations under subsection (1)(b) 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).
(3)[F3Local authorities], head teachers and authorised officers shall, in carrying out their functions in relation to penalty notices, have regard to any guidance which is published by the Secretary of State from time to time in relation to penalty notices.
(4)In this section and section 444A—
“authorised officer” means—
“authorised staff member” means—
“penalty” means a penalty under a penalty notice,
“penalty notice” has the meaning given by section 444A(2),
“relevant school” means—
a maintained school,
a pupil referral unit,
[F7an Academy school,
an alternative provision Academy,]
a city technology college, or
a city college for the technology of the arts.]
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)
F2Words 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. 7(2) (with Sch. 2 para. 7(4)(5))
F3Words 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. 7(3) (with Sch. 2 para. 7(4)(5))
F4Words in s. 444B removed (3.7.2013) by The Anti-Social Behaviour Act 2003 (Amendment to the Education Act 1996) (Wales) Order 2013 (S.I. 2013/1657), arts. 1, 2(1)
F5Words in s. 444B removed (3.7.2013) by The Anti-Social Behaviour Act 2003 (Amendment to the Education Act 1996) (Wales) Order 2013 (S.I. 2013/1657), arts. 1, 2(1)
F6Words in s. 444B removed (3.7.2013) by The Anti-Social Behaviour Act 2003 (Amendment to the Education Act 1996) (Wales) Order 2013 (S.I. 2013/1657), arts. 1, 2(1)
F7Words in s. 444B(4) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(9); S.I. 2012/924, art. 2
Modifications etc. (not altering text)
C1S. 444B: 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)
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