Part 1Duty to participate in education or training: England
Chapter 5Attendance notices
Failure to comply with attendance notice
52Restrictions on proceedings for offences under section 51
1
This section applies to proceedings for an alleged offence under section 51 relating to an attendance notice.
2
The proceedings may not be instituted except by the F1local authority which gave the attendance notice.
3
The proceedings may not be instituted if the attendance notice has been—
a
rescinded on an appeal by virtue of section 49, or
b
revoked under section 50(8).
4
The proceedings may not be instituted unless—
a
a penalty notice has been given under section 53 in respect of the alleged offence and has not been rescinded on an appeal by virtue of section 54,
b
the penalty imposed by the notice has not been paid in accordance with the notice, and
5
Regulations—
a
must make provision to secure that, before a recommendation under subsection (4)(c) is made by an attendance panel in a person's case, the person has an opportunity to make representations to the panel, and
b
may make other provision as to the procedure to be followed in relation to the making of such recommendations.
6
The proceedings may not be instituted after this Part has ceased to apply to the person alleged to have committed the offence under section 51.
7
Subsection (6) does not affect proceedings for such an offence by a person which were instituted while this Part applied to the person.