This Statutory Instrument has been made in consequence of defects in S.I. 2024/210 and is being issued free of charge to all known recipients of that Statutory Instrument.
2024 No. 717
The Education (Penalty Notices) (England) (Amendment) (No. 2) Regulations 2024
Made
Laid before Parliament
Coming into force
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 444B(1), (2) and (4) and 569 of the Education Act 19961.
Citation, commencement and extent1
1
These Regulations may be cited as the Education (Penalty Notices) (England) (Amendment) (No. 2) Regulations 2024.
2
These Regulations come into force on 19th August 2024.
3
These Regulations extend to England and Wales.
Amendment of the Education (Penalty Notices) (England) Regulations 20072
The Education (Penalty Notices) (England) Regulations 20072 are amended in accordance with regulations 3 and 4.
Amendment of regulation 43
1
Regulation 4 (amount of penalty)3 is amended as follows.
2
In paragraph (3) after “Where no” insert “previous”
.
3
In paragraph (4) after “Where a” insert “previous”
.
4
After paragraph (4) insert—
4A
For the purposes of paragraphs (3) and (4), the following penalty notices issued under section 444A(1) of the 1996 Act are to be disregarded—
a
any penalty notice issued in respect of an offence committed over a period that begins before 19th August 2024,
b
any penalty notice which has been withdrawn during the preceding three-year period, and
c
any penalty notice issued in respect of an offence for which the parent has during the preceding three-year period been found not guilty by a court.
5
In paragraph (5) after “penalty notice” insert “mentioned in paragraph (2)”
.
6
Omit paragraph (6).
7
The amendments made by this regulation do not apply for the purposes of determining the amount of the penalty to be paid under a penalty notice issued in respect of an offence committed over a period that begins before 19th August 2024.
Amendment of regulation 12A4
1
Regulation 12A (limitation on number of penalty notices which may be issued under section 444A(1) of the 1996 Act in respect of the same parent and child)4 is amended as follows.
2
In paragraph (1) after “where two” insert “previous”
.
3
In paragraph (3)(a) after “issued” insert “in respect of an offence committed over a period that begins”
.
Amendment of the Education (Penalty Notices) (England) (Amendment) Regulations 20245
1
The Education (Penalty Notices) (England) (Amendment) Regulations 20245 are amended as follows.
2
In regulation 4(3), after “committed” insert “over a period that begins”
.
(This note is not part of the Regulations)