Education and Skills Act 2008

59 Application of sums recovered by virtue of section 56 or 57

(1) The Lord Chancellor may by regulations make provision as to the application of amounts recovered by local education 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 local education authority in connection with the recovery of the relevant sum in a county court.