Explanatory note

Section 23(9) of the Anti-Social Behaviour Act 2003 provides the Welsh Ministers with the power to remove the words “in England” from sections 444A and 444B of the Education Act 1996 (“the 1996 Act”).

Sections 444A and 444B of the 1996 Act provide a power for a police constable, a local authority officer or the head teacher (or a member of staff authorised by the head teacher) to issue, in accordance with regulations, penalty notices in respect of truancy from school (and from other places where education is provided).

The effect of removing the words “in England” means that those provisions will apply to Wales.

This Order also makes a minor amendment to section 569 of the Education Act 1996 to make it clear that the functions, under sections 444A and 444B of the 1996 Act, are functions of the Welsh Ministers.