Education and Skills Act 2008 (c. 25)

Part 1 E+W Duty to participate in education or training: England

Prospective

Chapter 5 E+W Attendance notices

Failure to comply with attendance notice E+W

59 Application of sums recovered by virtue of section 56 or 57 E+W

(1) The Lord Chancellor may by regulations make provision as to the application of amounts recovered by [F1 local authorities] by virtue of sections 56 and 57.

(2) Any such regulations must make provision for securing that any such amount recovered, so far as not—

(a) attributable to county court enforcement costs, or

(b) paid to a magistrates' court, or to an officer of such a court,

is repaid to the person on whom the non-participation fine to which it relates was imposed (or other person who paid the amount).

(3) Regulations under this section may make provision, in particular, as to—

(a) the extent to which amounts recovered by virtue of section 56 or 57 are attributable to county court enforcement costs;

(b) further payments, or repayments, to be made in consequence of any appeal, or of any remission or variation of a non-participation fine or any other amount required to be paid.

(4) In this section, “county court enforcement costs” in relation to a non-participation fine means costs incurred by a [F1 local authority] in connection with the recovery of the relevant sum in [F2 the county court].

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. 59(4) 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)