EXPLANATORY NOTE
(This note is not part of the Order)
These Regulations prescribe the necessary details for the operation of the penalty notice scheme under –
(a)section 444A of the Education Act 1996 (“the 1996 Act”; section 444A was inserted by the Anti-Social Behaviour Act 2003); and
(b)section 105 of the Education and Inspections Act 2006 (“the 2006 Act”).
They only apply in England (regulation 1(2)) and in the case of truancy offences under section 444 of the 1996 Act, apply to penalty notices served on or after the date on which they come into force, whether the offence was committed before or after they come into force (regulation 1(3)).
Regulation 3 sets out the matters to be contained in a penalty notice.
Regulations 4 prescribes the level of the penalty which is to be paid to the local education authority, and regulation 6 what is evidence of its payment or non-payment. Regulation 5 provides for the period in which it is to be paid, if it is to discharge liability for the offence. Regulation 6 provides which local education authority the penalty is to be paid to.
Regulation 7 prescribes 42 days as the period before which no proceedings can be commenced. Regulation 8 makes provision for the withdrawal of a penalty notice. Regulation 9 requires the local education authority to withdraw the notice where it is not paid but where the authority does not prosecute for the offence.
Regulations 10 to 13 set out details about who may issue penalty notices and in what circumstances.
Regulations 14 to 18 require the local education authority to draw up and consult on a code of conduct for the issuing of penalty notices. Regulations 17 and 18 provide for the Secretary of State to have power to direct a local education authority to draw up a draft code or revisions to a code and for the Secretary of State to approve the draft code or revisions.
Regulations 19 to 21 require records to be kept, a copy of any penalty notice issued to be given to the local education authority, and information to be given to the Secretary of State.
Regulation 22 provides that if service of a penalty notice by prepaid letter is by first class post, the time at which it will be considered to have been served on the recipient is on the second working day after posting, unless the contrary is proved. Methods of service are provided for in section 572 of the Education Act 1996.
Regulation 23 specifies the functions of local education authorities for which sums received as penalties may be used, that is, the operation and enforcement of the penalty notice scheme. Sums not so used must be paid to the Secretary of State.
Regulation 24 makes transitional provision. The Education (Penalty Notices) (England) Regulations 2004 (S.I. 2004/181 as amended by S.I. 2004/920 and 2005/2029; “the 2004 Regulations”) continue to apply to penalty notices served before these Regulations come into force, and penalty notices issued under them are taken into account for the purposes of applying regulation 14(d) (which requires codes of conduct to provide for how many penalty notices may be issued to the same parent in any period of twelve months) but are otherwise revoked. Codes of conduct under the 2004 Regulations continue in force for penalty notices issued under section 444A of the 1996 Act, but they are not automatically extended to penalty notices issued under section 105 of the 2006 Act.
A full impact assessment has not been produced for this instrument as it has no impact on the costs of business.